Education Act 2004

10A Child of compulsory education age—school attendance requirement 17 10AA Student movement register 18 10AB Student movement register—procedures 20 10AC Student movement register—parental notice 20 10B Meaning of participates in education course—div 2.2.2 21 10C Meaning of full-time participation in education course—div 2.2.2 21 10D Child of compulsory education age—participation requirement 22 11 Participation requirement—absence 23 11A Participation requirement—suspension 23 11B Participation requirement—exclusion 23 11G Meaning of full-time participation requirement—pt 2.3 24 11H Exemption certificate—application 24

Page contents 3 12 Exemption certificate—requirement for further information 25 12A Exemption certificate—issue 25 12B Exemption certificate—form 26 12C Exemption certificate—conditions 26 12D Exemption certificate—duration 26 13 Exemption certificate—revocation 27 Part 2.4 After year 10—training and employment alternatives 13A Meaning of training alternative and training alternative provider—Act 28 13B Meaning of employment alternative—Act 29 13C Meaning of full-time participation in training or employment alternative—pt 2.4 29 Division 2.4.2 Approval to participate in training and employment alternatives 13D Approval statement—application 30 14 Approval statement—requirement for further information 30 14A Approval statement—issue 31 14B Approval statement—form 32 14C Approval statement—conditions 32 14D Approval statement—compliance requirement 33 15 Approval statement—duration 33 15A Approval statement—revocation 34 15B Return to education while approval statement in force 34 Division 2.4.3 Training and employment alternatives—deemed participation 15C Training and employment alternatives—absence 34 15D Training alternative—suspension 35 16 Training alternative—exclusion 35 16A Employment alternative—termination 35 16AA Giving information notice 37 16AB Contents of information notice 37

Page contents 4 Education Act 2004 16AC Extension of time for compliance with information notice 38 16AD Revocation of information notice on compliance 38 16B Giving compliance notice 39 16C Contents of compliance notice 39 16D Extension of time for compliance with compliance notice 40 17 Revocation of compliance notice on compliance 40 Part 2.6 Offences—parents 17A Contravention of information and compliance notices 41 Chapter 2A Suspension, transfer, expulsion and exclusion of students Part 2A.1 Suspension, transfer, expulsion and exclusion—generally 17B Meaning of unsafe or noncompliant behaviour—ch 2A 42 17C Definitions—ch 2A 43 17D Exhausting all reasonable alternatives 44 17E Communicating with students and parents 44 17F Notification not required in certain circumstances 45 17G Suspension to ensure safe and effective learning environment 46 17H Suspension 46 17I Suspension—notice 47 17J Suspension—length 47 17K Suspension—government and Catholic system schools—principal’s recommendation 48 17L Suspension—involving student and parents 49 17M Suspension—student’s education and counselling 51 17N Suspension—review of student’s circumstances 51 17O Suspension—government and Catholic system schools—delegation 51

Page contents 5 17P Transfer 53 17Q Transfer—notice 54 17R Transfer—principal’s recommendation 54 17S Transfer—involving student and parents 55 17T Transfer—counselling 56 Part 2A.4 Expulsion from Catholic system schools and independent schools 17U Expulsion 57 17V Expulsion—notice 58 17W Expulsion—Catholic system schools—principal’s recommendation 58 17X Expulsion—involving student and parents 59 17Y Expulsion—counselling 60 17Z Application—div 2A.5.1 61 17ZA Exclusion—government schools 61 17ZB Exclusion—government schools—notice 62 17ZC Exclusion—government schools—principal’s recommendation 62 17ZD Exclusion—government schools—involving student and parents 63 17ZE Exclusion—government schools—ongoing education and counselling 64 17ZF Exclusion—Catholic system schools 64 17ZG Exclusion—Catholic system schools—notice 65 17ZH Exclusion—Catholic system schools—principal’s recommendation 66 17ZI Exclusion—Catholic system schools—involving student and parents 67 17ZJ Exclusion—Catholic system schools—counselling 67

18 Principles on which ch 3 based 68

Page contents 6 Education Act 2004 Part 3.2 Establishment and operation of government 20 Establishing government schools etc 70 20A Independent committee 73 20B Impacts of closing or amalgamating government schools 74 21 Operation of government schools 76 21A Priority enrolment areas 77 22 Investigation of complaints—government schools 78 23 Review of government school system 78 24 Review of operation of government schools 78 25 Reporting to parents—government schools 79 26 Education to be free 79 27 Voluntary financial contributions 80 28 Secular education 80 29 Religious education 81 30 Curriculum 81 31 Approved educational courses for students at government schools 81 Part 3.3 Attendance at government schools 32 Keeping of register of enrolments and attendances for government schools 83 33 Keeping records of enrolment and attendances for government schools 83 34 Inspection of register of enrolment and attendances for government schools 84 35 Procedures to encourage school attendance at government schools 85 37 Definitions for pt 3.4 86 38 Establishment of school boards 87 39 Functions of school boards etc 87 40 Declaration of parents and citizens associations in certain circumstances 88

Page contents 7 41 Composition of school boards generally 89 42 Composition of school boards of small schools 90 43 Composition of school boards of school-related institutions and other schools in special circumstances 92 44 Ending of appointment of members of school board 94 45 Chairperson and deputy chairperson of school boards 95 46 School boards to take part in selection of school principals 95 47 Time and place of meetings of school boards 95 48 Procedures governing proceedings of school boards 96 49 Disclosure of interests by members of school boards 97 49A Protection of members of school boards 98 50 School boards to approve budgets 98 51 Application of money of school 99 52 School boards to approve financial statement and report 99 53 School boards to make available summaries of budget and annual report 100 Division 3.6.1 Authorised persons (government) 67 Appointment of authorised persons (government) 101 68 Identity cards for authorised persons (government) 102 Division 3.6.2 Inspection powers for government schools 69 Power not to be exercised before identity card shown etc 102 70 Entry to government schools 103 71 Powers on entry 103 Part 4.1 Non-government schools—principles 72 Principles—ch 4 104

Page contents 8 Education Act 2004 Division 4.2.1 Registrar of non-government schools 73 Registrar—appointment 105 74 Registrar—functions 105 75 Registration standards advisory board—establishment 105 76 Registration standards advisory board—functions 106 77 Registration standards advisory board—advice to Minister 106 78 Registration standards advisory board—membership 106 79 Registration standards advisory board—term of appointment 108 80 Registration standards advisory board—ending appointment 108 81 Registration standards advisory board—facilities etc 109 82 Registration standards advisory board—conduct of meetings 109 83 Registration standards advisory board—disclosure of interests 109 Division 4.3.1 Non-government schools registration standards 84 Non-government schools registration standards 111 85 Registration standards guidelines 111 86 In-principle approval—application 112 87 In-principle approval—further information 113 88 In-principle approval—decision on application 113 89 Registration—application 115 90 Registration—further information 116 91 Registration—referral to registration standards advisory board 116 92 Registration—decision on application 117 93 Registration—conditions 117 94 Registration—duration 117 95 Registration—register and registration certificate 118 96 Proprietor must tell registrar about notifiable changes 119 97 Proprietor must apply for registrable changes 120

Page contents 9 98 Registration amendment—application 121 99 Registration amendment—further information 123 100 Registration amendment—referral to registration standards advisory board 123 101 Registration amendment—decision on application 124 102 Registration amendment—conditions 125 103 Urgent temporary change 125 104 Offence—operate unregistered non-government school 126 104A Provide distance education without being registered school 126 105 Offence—operate registered school other than within scope of registration 126 106 Register of registered non-government schools 127 107 Proprietor must update details 128 Part 4.4 Non-government schools—registration reviews Division 4.4.1 Reasons to carry out registration review 108 Meaning of registration review—ch 4 129 109 Annual registration review program 129 110 Registration review after concern raised 130 111 Registrar to report concerns to registration standards advisory board 130 Division 4.4.2 Reasons to not carry out registration review 112 Concern raised is frivolous etc 131 113 Concern withdrawn 131 114 Referral to school 132 115 Referral to another entity 132 116 Registration review procedure 133 117 Registration review guidelines 134 118 Request for further information or verification 134 119 Registrar’s action on completing registration review 135

Page contents 10 Education Act 2004 120 Compliance directions 136 121 Meaning of regulatory action—ch 4 136 122 Grounds for taking regulatory action 137 123 Registrar—referral to registration standards advisory board 137 124 Notification of proposed regulatory action 137 125 Minister—referral to registration standards advisory board 138 125A Taking regulatory action 138 125B When cancellation takes effect 140 125C Not taking regulatory action 140 Part 4.5 Non-government schools—approved educational courses and registers of 125D Approved educational courses—registered schools 141 125E Meaning of register of enrolments and attendances—pt 4.5 142 125F Keeping register of enrolments and attendances—registered schools 142 125G Producing registers of enrolments and attendances—registered schools 143 125H Keeping registers of enrolments and attendances—approved educational courses (non-government) 143 125I Producing registers of enrolments and attendances—approved educational courses (non-government) 144 Division 4.6.1 Preliminary 125K Definitions—pt 4.6 145 Division 4.6.2 Authorised people (non-government)—generally 125L Meaning of authorised person (non-government) 145 125M Appointment 146 125N Authorised people (non-government)—functions 146 125O Identity cards 147 125P Authorised person (non-government) must show identity card on exercising power of entry 147

Page contents 11 125Q Entry to premises 148 125R Production of identity card 149 125S Consent to entry 149 125T General powers on entry to premises 151 125U Power to obtain information 152 125V Abrogation of privilege against self-incrimination 152 125W Warning to be given 153 Chapter 4A School education advisory committee 126 Establishment of advisory committee 154 127 Appointment of chair and members 154 127A Reimbursement of member’s expenses 154 127B Advisory committee—terms of reference and procedures 155 127BA Meaning of distance education 156 127BB Provision of distance education 156 127BC Distance education policy 157 127BD Distance education determination 157 127BE Eligibility for distance education 158 127C Definitions—ch 5 159 128 Principles on which ch 5 based 159 131 Registration for home education 161 132 Conditions of registration for home education 162 133 Registration of child 163 134 Period of registration 163

Page contents 12 Education Act 2004 135 Cancellation of registration for home education 163 136 Certificate of registration for home education 164 137 Renewal of registration for home education 165 138 Home education reports 165 139 Home education register 166 140 Definitions—pt 6.1 167 141 Internal review notices 168 142 Applications for internal review 168 143 Applications not stay reviewable decisions 168 144 Internal review 169 145 Reviewable decision notices 169 145A Applications to ACAT 170 145B Meaning of young person—pt 6.1A 171 145C Director-general may give certain information to other States 171 145D Director-general may ask for certain information from other States 173 145E Consent not required in certain circumstances 174 147 Offences on school premises 176 148 Obligations on parents 176 149 Notification of parents 177 150 Minister may grant scholarships etc 177 151 Gifts and donations 177 152 Education trust fund 178 153A Evidence—certificate signed by principal etc 179 154 Approved forms 180 155 Regulation-making power 180

Page contents 13 Chapter 11 Transitional—Education Amendment Act 314 Definitions—ch 11 181 315 Distance education provided by school outside ACT 181 316 Transitional regulations 182 317 Expiry—ch 11 183 Schedule 1 Reviewable decisions 184 Dictionary 187 1 About the endnotes 198 2 Abbreviation key 198 3 Legislation history 199 4 Amendment history 204 5 Earlier republications 236 6 Expired transitional or validating provisions 239

An Act about the education of children in the ACT, and for other purposes

1 Name of Act This Act is the Education Act 2004.

3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act. For example, the signpost definition ‘permanent resident—see the Australian Citizenship Act 2007 (Cwlth), section 5.’ means that the term ‘permanent resident’ is defined in that section and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

4 Notes A note included in this Act is explanatory and is not part of this Act. Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Preliminary Part 1.1

5 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

6 Meaning of parent (1) For this Act, parent, of a child— (a) means a person with parental responsibility for the child under the Children and Young People Act 2008, division 1.3.2; and (b) includes an out-of-home carer for the child. out-of-home carer, for a child—see the Children and Young People Act 2008, section 508.

7 General principles of Act (1) Everyone involved in the administration of this Act, or in the education of children in the ACT, is to apply the following principles: (a) a child learns from birth; (b) the parents of a child are the child’s first teachers; (c) every child has a right to receive a high-quality education. (2) Without limiting subsection (1) (c), a high-quality education is based on the following principles: (a) a high-quality early childhood education— (i) provides long-term benefits for, and is important for the future wellbeing of, the child; and (ii) should promote the objectives and guiding principles of the national education and care services quality framework under the Education and Care Services National Law (ACT); (b) school education and home education provide a foundation for a democratic society; (c) school education and home education should— (i) aim to develop every child’s potential and maximise educational achievements; and (ii) promote children’s enthusiasm for lifelong learning and optimism for the future; and (iii) encourage parents to take part in the education of their children, and recognise their right to— (A) enrol their child in a government school in which the child is eligible to be enrolled; or

General principles and objects Part 1.2 (B) apply to enrol their child in a registered non-government school; or (C) register their child for home education; and (iv) promote respect for and tolerance of others; and (v) recognise the social, religious, physical, intellectual and emotional needs of all students; and (vi) aim over time to improve the learning outcomes of students so that the outcomes are free from disadvantage because of economic, social, cultural or other causes; and (vii) encourage all students to complete their senior secondary (viii) provide access to a broad education; and (ix) recognise the needs of children who are Aboriginal or Torres Strait Islander people; (d) innovation, diversity and opportunity within and among schools should be encouraged; (e) effective quality assurance mechanisms should be applied to school education; (f) government funding should be directed to students through their schools or school system; (g) the partnership between the home, community and educational providers should be recognised; (h) school communities should be given information about the operation of their schools.

(3) Everyone involved in the administration of this Act, or in the school education of children in the ACT, is to apply the principle that school education— (a) recognises the individual needs of children with disabilities; and (b) should make appropriate provision for those needs, unless it would impose unjustifiable hardship on the provider of the school education. (4) Corporal punishment is not allowed in ACT schools. (5) Sharing of information relating to a child’s education and care— (a) allows the child to receive education and care services that are well-coordinated; and (b) enables the best educational outcome for, and promotes the wellbeing of, the child; and (c) facilitates the child’s transition between education and care service providers. corporal punishment means physical force applied to punish or correct, and includes any action designed or likely to cause physical pain or discomfort taken to punish or correct.

8 Main objects of Act (1) The main objects of this Act are— (a) to state the responsibilities of parents and the government in relation to education; and (b) to state the principles on which government and non- government school education and home education are based; and

General principles and objects Part 1.2 (c) to promote early childhood education by ensuring that every child can access— (i) a high-quality early childhood education; and (ii) the universal 3-year-old preschool, universal 4-year-old preschool or equity-based program; and (d) to promote compulsory education by ensuring that— (i) children complete year 10; and (ii) children participate in education until they are 17 years old or complete year 12 (whichever happens first), with the opportunity to participate in training or employment after year 10; and (e) to state the circumstances in which school attendance is not required; and (f) to provide for the management of unsafe and noncompliant behaviour of students, including providing for suspension, transfer, expulsion and exclusion of students; and (g) to provide for the operation and governance of government schools; and (h) to provide for the registration of non-government schools, and ensure their compliance with registration standards; and (i) to provide for the registration of children for home education. equity-based program means a government-funded preschool program delivered to a child on the basis of equity. targeted 3-year-old initiative, Koori preschools, early entry preschools

universal 3-year-old preschool means a government-funded preschool program attended by a child in the year in which the child is at least 3 years old on 30 April of the year. universal 4-year-old preschool means a government-funded preschool program attended by a child in the year in which the child is at least 4 years old on 30 April of the year.

Early childhood education Chapter 1A

8A Eligible children may attend government-funded preschool programs (1) The purpose of this section is to ensure that every eligible child can receive an early childhood education funded by the government in the 2 years before the child is of compulsory education age. (2) An eligible child may enrol in a government-funded preschool program in a year if the child— (a) lives in the ACT; and (b) is at least 3 years old on 30 April in the year. (3) However, a provider of a government-funded preschool program may refuse to enrol an eligible child in the preschool program if enrolling the child would breach a condition of the provider’s service approval. eligible child means a child who the director-general is satisfied meets the requirements for being eligible for enrolment in a government-funded preschool program. service approval, of a provider of a government-funded preschool program—see the Education and Care Services National Law (ACT), section 5 (1).

8B Procedures to encourage attendance at preschool programs delivered by government schools (1) The director-general must, for a preschool program delivered by a government school, set up procedures to encourage attendance at the program by children who are enrolled in the program. (2) The procedures must— (a) state that attendance at the program is not compulsory; and (b) state the benefits of a child’s regular attendance at the program; and (c) include steps that may be taken to support a child’s attendance at the program. referring the child’s parents to a support service

Preliminary—ch 2 Part 2.1

9 Meaning of compulsory education age For this Act, a child is of compulsory education age if the child is at least 6 years old and under the age that the first of the following happens: (a) the child is 17 years old; (b) the child completes year 12.

9A Meaning of education course and education provider (1) For this Act, each of the courses mentioned in table 9A, column 2 is an education course, and the entity mentioned in column 3 for the course is the provider (the education provider) of the course. (2) Also, the director-general may approve another course as an education course and an entity as the provider (the education provider) of the course. (3) An approval is a notifiable instrument. Table 9A item education course education provider 1 a course of study a government or non-government school 2 a course of study a government or non-government school under a law of a State or another Territory 3 a course of study leading to the completion of year 10 or year 12 a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth), s 3

item education course education provider 4 a VET course under the National Vocational Education and Training Regulator Act 2011 (Cwlth), s 3 a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth), s 3 5 an accredited course under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth) a registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth)

9B Meaning of completes year 10 (1) For this Act, a child completes year 10 at an education provider if the child— (a) is awarded or has completed the requirements for being awarded a year 10 certificate (however described) by the provider; or (b) is given or has completed the requirements for being given a high school record (however described) in relation to year 10 by the provider; or (c) is awarded a certificate (however described) approved by the director-general. (2) An approval is a notifiable instrument. (3) Also, for this Act, a child completes year 10 if— (a) the child is awarded or has completed the requirements for being awarded a year 10 certificate (however described) in a State or another Territory under a law of the State or Territory; or (b) the director-general is satisfied on reasonable grounds that the child has completed year 10 or its equivalent in the ACT, a State, another Territory or a foreign country.

Preliminary—ch 2 Part 2.1 (4) A child mentioned in subsection (3) (b) may be given a certificate or record by the director-general.

9C Meaning of completes year 12 (1) For this Act, a child completes year 12 if the child is awarded or has completed the requirements for being awarded— (a) a year 12 certificate (however described) by the Board of Senior Secondary Studies under the Board of Senior Secondary Studies Act 1997; or (b) a certificate equivalent to a year 12 certificate that shows completion of a higher education pre-entry course; or 1 the Certificate of General Education for Adults (at Certificate II or above) 2 the International Baccalaureate (c) a certificate equivalent to a year 12 certificate issued under the AQF; or the Australian Qualification Framework (AQF) Certificate II (d) a certificate (however described) approved by the director-general. (2) An approval is a notifiable instrument. (3) Also, for this Act, a child completes year 12 if— (a) the child is awarded or has completed the requirements for being awarded a year 12 certificate (however described) in a State or another Territory under a law of the State or Territory; or (b) the director-general is satisfied on reasonable grounds that the child has completed year 12 or its equivalent in the ACT, a State, another Territory or a foreign country.

(4) A child mentioned in subsection (3) (b) may be given a certificate or record by the director-general. AQF means the Australian Qualifications Framework under the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.

9D Guidelines—certain director-general functions (1) The director-general may make guidelines about the exercise of the director-general’s functions under the following provisions: • section 10 (6) (c) (Child of compulsory education age— enrolment and registration requirement); • section 10AC (3) (Student movement register—parental notice); • section 10D (4) (Child of compulsory education age— participation requirement); • section 14D (3) (Approval statement—compliance requirement); • chapter 5 (Home education). (2) A guideline is a notifiable instrument. (3) The director-general must comply with any guidelines.

Part 2.2 Compulsory education requirements Division 2.2.1 Enrolment, registration and attendance requirements 10 Child of compulsory education age—enrolment and registration requirement (a) lives in the ACT; and (b) is of compulsory education age. (2) The child’s parents must do either or both of the following: (a) enrol the child at an education provider for the purpose of the provider’s education course not later than 14 days after the day the course starts; (b) apply to register the child for home education not later than 10 school term days after the first of the following happens: (i) the start of the school year; (ii) the day the child begins to live in the ACT. (3) Also, the child’s parents must enrol the child under subsection (2) (a) not later than 10 school term days after— (a) the day the child turns 6 years old; or (b) for a child who has not completed year 10—the day the child begins to live in the ACT.

(4) If the child’s enrolment at an education provider is cancelled by the child’s parents, the parents must do either or both of the following within 14 days after the day the enrolment is cancelled: (a) enrol the child at another education provider for the purpose of the provider’s education course; (b) apply to register the child for home education. (5) If the child’s registration for home education is cancelled under section 135 (Cancellation of registration for home education), the parents must enrol the child at an education provider for the purpose of the provider’s education course not later than 14 days after the day the cancellation takes effect. Note See s 135 (6) for when the cancellation of registration for home education takes effect. (6) This section does not apply if— (a) an exemption certificate is in force for the child; or (b) the child is participating in a training or employment alternative in accordance with part 2.4 (After year 10—training and employment alternatives); or (c) the child’s parents have an excuse for not complying with this section that the director-general is satisfied is a reasonable excuse. of the director-general’s functions under s (6) (c) (see s 9D).

10AAA Child of compulsory education age—when enrolment starts (1) This section applies if an education provider accepts an application for the enrolment of a child who is of compulsory education age for the purpose of the provider’s education course. (2) The child’s enrolment at the education provider starts on— (a) the day the education course starts for the child; or (b) if the education course starts for the child before the application for enrolment is made—the day agreed between the child’s parents and the education provider for the child to start the course. 10A Child of compulsory education age—school attendance requirement (a) is of compulsory education age; and (b) is enrolled at a government or non-government school. (2) The child’s parents must ensure that the child— (a) attends in the way, and during the times, the school requires the child to attend to complete the education course for which the child is enrolled; and (b) attends every activity of the school (including attendance at an approved educational course) that the school requires the child to attend. Examples—activity of the school school concert, sporting day or swimming carnival not complying with this section that the principal of the school is satisfied is a reasonable excuse.

attendance, in relation to distance education, includes complying with the education provider’s requirements for attendance. • logging in via an online portal at required times • attending practical examinations in person reasonable excuse means a circumstance prescribed by regulation. 10AA Student movement register (1) The director-general must keep a register (the student movement register) of changes in— (a) the enrolment of students at schools in the ACT; and (b) the registration of students for home education in the ACT; and (c) students participating in distance education in accordance with (2) The principal of a school must record the information prescribed by regulation in the student movement register for each of the following (a student movement event): (a) a student is enrolled at the school, having been previously— (i) enrolled at another education provider; or (ii) registered for home education, whether under this Act or a corresponding law; (b) a student’s enrolment ends for any of the following reasons: (i) the student is unenrolled from the school; (ii) the student is enrolled at another education provider; (iii) the student is registered for home education;

(iv) the school terminates the enrolment contract for the student; (v) the student is transferred, expelled or excluded from the school under chapter 2A (Suspension, transfer, expulsion and exclusion of students); (c) a student starts or stops distance education. (3) The director-general must record the information prescribed by regulation in the student movement register for each of the following events (also a student movement event): (a) a student is registered for home education, having been previously— (i) enrolled at an education provider; or (ii) registered for home education under a corresponding law; (b) the registration of a student for home education ends; (c) a student starts or stops distance education; (d) information about a student movement event is given to the director-general under section 10AC (2) (Student movement register—parental notice). (4) Information to be recorded for a student movement event under this section must be recorded within 5 days after the event happens. corresponding law means a law of another State under which children are registered for home education.

10AB Student movement register—procedures (1) The director-general must— (a) establish procedures for recording information in the student movement register; and (b) tell principals of schools in the ACT about the procedures. (2) A principal of a school who is recording information in the student movement register under section 10AA must comply with the procedures established under subsection (1). 10AC Student movement register—parental notice (a) a child is of compulsory education age; and (b) the child is enrolled at an education provider or registered for home education; and (c) the child’s enrolment or registration ends. (2) The child’s parents must, within 28 days after the day the child’s enrolment or registration ends, give the information prescribed by regulation to the director-general in writing. Note The director-general must comply with any guidelines about the exercise of the director-general’s functions under s (3) (see s 9D).

Participation requirement Division 2.2.2

10B Meaning of participates in education course—div 2.2.2 For this division, a child participates in an education course if the child complies with— (a) the provider’s requirements about physically attending, at particular times, the provider’s premises or another place; or (b) for an education course that is completed by distance education (however described)—the provider’s requirements for distance Examples—par (b) 1 complete and return the assigned work for the course 2 communicate with or contact the provider for the purpose of participating in the course 3 attend the provider for 1 week twice a year

10C Meaning of full-time participation in education course— div 2.2.2 (1) For this division, full-time participation in an education course means participation in the course— (a) at a level that is full-time under the requirements of the course; or (b) for at least 25 hours each week. (2) Also, for this division, full-time participation in an education course includes— (a) part-time participation in 2 or more education courses to an extent that is at least equivalent to full-time participation in 1 education course; and

(b) participation in any combination of the following that is equivalent to full-time participation in 1 education course: (i) an education course; (ii) a training alternative; (iii) an employment alternative. Note A child needs the director-general’s approval to participate in a training or employment alternative (see pt 2.4 (After year 10—training and employment alternatives)).

10D Child of compulsory education age—participation requirement (a) is of compulsory education age; and (b) is enrolled at an education provider other than a government or non-government school for the purpose of the provider’s education course. (2) The child’s parents must ensure that the child participates in the education course. (3) Also, the child’s participation must be— (a) full-time participation (the full-time participation requirement); or (b) if an exemption certificate is in force for the child for the course—participation in accordance with the certificate. (4) This section does not apply if the child’s parents have an excuse for of the director-general’s functions under s (4) (see s 9D).

Participation requirement Division 2.2.2

11 Participation requirement—absence A child’s participation in an education course is taken for this Act to continue during an absence that is— (a) allowed under the requirements of the course or by the provider of the course; or (b) required under a territory law or a law of the Commonwealth, a State or another Territory. Will is absent from an education provider because a public health direction under the Public Health Act 1997 requires that he be confined to home for 2 weeks.

11A Participation requirement—suspension (1) This section applies if a child participating in an education course stops attending the provider because the child has been suspended from attending the provider. (2) The child’s participation in the course is taken for this Act to continue during the suspension period.

11B Participation requirement—exclusion (1) This section applies if a child participating in an education course stops attending the provider because the child has been excluded from attending the provider. (2) The child’s participation in the course is taken for this Act to continue— (a) at the same level as before the exclusion; and (b) for the time reasonably required for the child to resume participation in an education course or apply for approval to participate in a training or employment alternative under part 2.4 (After year 10—training and employment alternatives).

11G Meaning of full-time participation requirement—pt 2.3 full-time participation requirement—see section 10D (3).

11H Exemption certificate—application (1) A child or the child’s parents may apply to the director-general for a certificate (an exemption certificate) exempting the child from— (a) the requirement to be enrolled at an education provider or registered for home education; or Note See s 10 (Child of compulsory education age—enrolment and registration requirement). (b) the full-time participation requirement. Note See s 10D (Child of compulsory education age—participation requirement). (2) Application may be made for either or both of the following: (a) exempting the child until the child is 17 years old or for a shorter period; (b) exempting the child from the full-time participation requirement. (3) An application made by a child must contain the signed consent of the child’s parents. (4) However, subsection (3) does not apply if the director-general is satisfied on reasonable grounds that it is not appropriate to require the signed consent.

Exemption certificates Part 2.3

12 Exemption certificate—requirement for further information (1) The director-general may give an applicant mentioned in section 11H (1) a written notice requiring the applicant to give the director-general stated further information or documents that the director-general reasonably needs to decide the application. (2) If the applicant does not comply with the requirement, the director-general may refuse to consider the application further.

12A Exemption certificate—issue (1) The director-general may— (a) issue an exemption certificate for a child if the director-general is satisfied on reasonable grounds that it is in the child’s best interests to issue the certificate; or (b) refuse to issue an exemption certificate for a child. (2) Without limiting subsection (1) (a), in deciding whether it is in a child’s best interests to exempt the child, the director-general may consider the following: (a) the child’s health; (b) the child’s education; (c) whether the exemption would benefit the child. Felicity’s education alternative finishes shortly before she turns 17. The director-general is satisfied that exempting Felicity from participating in another education alternative until she turns 17 benefits her, because it means that she is not compelled to participate in another education alternative for a short time just to comply with the participation requirement.

(3) An exemption certificate for a child may be issued for either or both of the following: (a) exempting the child until the child is 17 years old or for a shorter period; (b) exempting the child from the full-time participation requirement.

12B Exemption certificate—form An exemption certificate issued for a child must— (a) state the day it is issued; and (b) state the child’s name; and (c) state the period for which it is in force; and (d) for an exemption from the full-time participation requirement— state the details of the exemption; and (e) state any condition to which it is subject; and (f) contain any other particulars prescribed by regulation.

12C Exemption certificate—conditions The director-general may issue an exemption certificate subject to any condition that the director-general believes on reasonable grounds is appropriate.

12D Exemption certificate—duration An exemption certificate may be issued for a child until— (a) the end of the period stated in the certificate; or (b) the ground for the issue of the certificate no longer applies in relation to the child.

Exemption certificates Part 2.3

13 Exemption certificate—revocation The director-general may revoke an exemption certificate issued for a child if— (a) the certificate is issued in error; or (b) the ground for the issue of the certificate no longer applies in relation to the child; or (c) a condition of the certificate has been contravened.

Part 2.4 After year 10—training and employment alternatives

13A Meaning of training alternative and training alternative provider—Act (1) For this Act, each training mentioned in table 13A, column 2 is a training alternative, and the entity mentioned in column 3 for the training alternative is the provider (the training alternative provider) of the training alternative. (2) Also, the director-general may approve other training as a training alternative, and an entity as the provider (the training alternative provider) of the training alternative. (3) An approval is a notifiable instrument. Table 13A item training alternative training alternative provider 1 work-related training under the Training and Tertiary Education Act 2003 employer with whom child has approved training contract under the Training and Tertiary Education Act 2003 in relation to the work-related training 2 work-related training (however described) under a law of a State or another Territory provider (however described) under a law of the State or other Territory

Definitions—pt 2.4 Division 2.4.1

13B Meaning of employment alternative—Act For this Act, each of the following is an employment alternative: (a) performance of paid work under a contract of service (whether written or unwritten); (b) performance of paid work under a contract for services (whether written or unwritten). Note The Children and Young People Act 2008, ch 21 deals with the employment of children and young people.

13C Meaning of full-time participation in training or employment alternative—pt 2.4 (1) For this part, full-time participation in a training or employment alternative means participation in the alternative— (a) at a level that is full-time under the requirements of the alternative; or (b) for at least 25 hours each week. (2) Also, for this part, full-time participation in a training or employment alternative includes— (a) part-time participation in 2 or more of a particular alternative to an extent that is at least equivalent to full-time participation in 1 of the particular alternatives; and (b) participation in any combination of training and employment alternatives to an extent that is at least equivalent to full-time participation in 1 training or employment alternative. Example—s (2) (a) part-time participation in 2 or more training alternatives to an extent that is at least equivalent to full-time participation in 1 training alternative Example—s (2) (b) part-time participation in a training alternative and part-time participation in an employment alternative for a combined total of at least 25 hours each week

Division 2.4.2 Approval to participate in training and employment alternatives Division 2.4.2 Approval to participate in training and employment alternatives 13D Approval statement—application (1) A child or the child’s parents may apply to the director-general for a statement (an approval statement) approving the child’s participation in a training or employment alternative during the child’s post-year 10 period. (2) Application may be made for either or both of the following: (a) approving the child’s participation in a training or employment alternative for all or part of the child’s post-year 10 period; (b) approving that the child’s participation in a training or employment alternative be other than full-time participation. (3) An application made by a child must contain the signed consent of the child’s parents. (4) However, subsection (3) does not apply if the director-general is satisfied on reasonable grounds that it is not appropriate to require the signed consent. (5) For this section, a child’s post-year 10 period starts when the child completes year 10 and ends when the first of the following happens: (a) the child completes year 12; (b) the child is 17 years old.

14 Approval statement—requirement for further information (1) The director-general may give an applicant mentioned in section 13D (1) a written notice requiring the applicant to give the director-general stated further information or documents that the director-general reasonably needs to decide the application. (2) If the applicant does not comply with the requirement, the director-general may refuse to consider the application further.

Approval to participate in training and employment alternatives Division 2.4.2

14A Approval statement—issue (1) The director-general may— (a) issue an approval statement for a child if the director-general is satisfied on reasonable grounds that it is in the child’s best interests to issue the statement; or (b) refuse to issue an approval statement for a child. (2) Without limiting subsection (1) (a), in deciding whether it is in a child’s best interests to issue an approval statement for the child, the director-general may consider the following: (a) the child’s mental or physical health and wellbeing; (b) the child’s education; (c) whether the training or employment alternative for which the statement is sought would benefit the child. Thomas is 15 years old, has completed year 10 and wants to be a chef. Thomas has been offered an apprenticeship with a chef. The director-general decides that it is in Thomas’s best interests to issue an approval statement for him, because it means that Thomas can pursue the career path that he wants to pursue. (3) An approval statement may be issued for a child for either or both of the following: (a) approving the child’s participation in a training or employment alternative for all or part of the child’s post-year 10 period; (b) approving that the child’s participation in a training or employment alternative be other than full-time participation. post-year 10 period—see section 13D (5).

Division 2.4.2 Approval to participate in training and employment alternatives

14B Approval statement—form An approval statement issued for a child must— (a) state the day it is issued; and (b) state the child’s name; and (c) state the period for which it is in force; and (d) if the child’s approved participation in a training or employment alternative is other than full-time participation—state the approval and the extent to which the child is required to participate in the alternative; and (e) state any condition to which it is subject; and (f) contain any other particulars prescribed by regulation.

14C Approval statement—conditions (1) An approval statement issued for a child is subject to a condition that— (a) the child’s participation is full-time participation unless otherwise stated in the statement; or (b) if the statement contains a statement mentioned in section 14B (d)—the child must comply with the stated participation requirement. (2) An approval statement that approves a child’s participation in a training alternative is also subject to each of the following conditions: (a) that the child is enrolled with the training alternative provider; (b) that the child complies with the training alternative provider’s attendance requirements. (3) The training alternative provider’s attendance requirements are the requirements about physically attending, at particular times, the provider’s premises or another place.

Approval to participate in training and employment alternatives Division 2.4.2 (4) The director-general may issue an approval statement subject to any condition that the director-general believes on reasonable grounds is appropriate. Example—s (4) Farouk wants to participate part-time in an education course and part-time in an employment alternative (he wants to work at least 10 hours each week). Under this Act, an approval statement is not required for an education course, but is for an employment alternative. The director-general issues an approval statement for the employment alternative that states that Farouk’s approved participation in that employment is part-time, and that he must participate in that employment for at least 10 hours each week. The director-general also puts a condition on the approval statement that Farouk must participate in the education course for at least 15 hours each week.

14D Approval statement—compliance requirement (1) This section applies if an approval statement is issued for a child. (2) The child’s parents must ensure that the child complies with the statement, including any conditions of the statement. of the director-general’s functions under s (3) (see s 9D).

15 Approval statement—duration An approval statement may be issued for a child until— (a) the end of the period stated in the statement; or (b) the ground for the issue of the statement no longer applies in relation to the child.

Division 2.4.3 Training and employment alternatives—deemed participation

15A Approval statement—revocation The director-general may revoke an approval statement issued for a child if— (a) the statement is issued in error; or (b) the ground for the issue of the statement no longer applies in relation to the child; or (c) a condition of the statement has been contravened.

15B Return to education while approval statement in force (a) an approval statement is in force for a child; and (b) the child is enrolled at an education provider for the purpose of the provider’s education course. (2) The child’s parents must tell the director-general in writing about the enrolment. Division 2.4.3 Training and employment alternatives—deemed participation

15C Training and employment alternatives—absence A child’s participation in a training or employment alternative is taken for this Act to continue during an absence that is— (a) allowed under the requirements of the alternative; or (b) required under a territory law or a law of the Commonwealth, a State or another Territory. Sarah is absent from a training alternative provider because a personal protection order prohibits her from attending the provider.

Training and employment alternatives—deemed participation Division 2.4.3

15D Training alternative—suspension (1) This section applies if a child participating in a training alternative stops attending the training alternative provider because the child has been suspended from attending the provider. (2) The child’s participation in the alternative is taken for this Act to continue during the suspension period.

16 Training alternative—exclusion (1) This section applies if a child participating in a training alternative stops attending the training alternative provider because the child has been excluded from attending the provider. (2) The child’s participation in the training alternative is taken for this Act to continue— (a) at the same level as before the exclusion; and (b) for the time reasonably required for the child to— (i) enrol in an education course; or (ii) apply for approval to participate in another training alternative or an employment alternative.

16A Employment alternative—termination (1) This section applies if a child participating in an employment alternative stops working because the child’s employment has been ended other than by the child. (2) The child’s participation in the employment alternative is taken for this Act to continue— (a) at the same level as before the termination; and

Division 2.4.3 Training and employment alternatives—deemed participation (b) for the time reasonably required for the child to— (i) enrol in an education course; or (ii) apply for approval to participate in another employment alternative or a training alternative.

Information notices Part 2.4A 16AA Giving information notice (1) The director‑general may give a notice to a child’s parents (an information notice) if the director‑general believes on reasonable grounds that the parents have contravened, or are contravening, any of the following sections: (a) section 10 (Child of compulsory education age—enrolment and registration requirement); (b) section 10A (Child of compulsory education age—school attendance requirement); (c) section 10D (Child of compulsory education age—participation requirement); (d) section 14D (Approval statement—compliance requirement). Note For how documents may be given, see the Legislation Act, pt 19.5. (2) However, the director‑general may only give an information notice in relation to a contravention of section 10 if the child lives in the ACT. 16AB Contents of information notice (1) An information notice in relation to a child must— (a) state that it is an information notice under this Act; and (b) state the information sought; and (c) state what the child’s parents need to do to comply with the notice; and (d) state the period for complying with the notice; and (e) contain a statement to the effect that failure to comply with the notice is an offence. (2) The information notice may include any other information the director-general considers appropriate.

16AC Extension of time for compliance with information notice (1) This section applies if a child’s parents have been given an information notice. (2) The director-general may, by written notice given to the child’s parents, extend the compliance period for the information notice on the director-general’s own initiative or if asked by the parents. (3) However, the director-general may extend the compliance period only if the period has not ended. compliance period means the period stated in the information notice under section 11D (1) (d), and includes the period as extended under this section. 16AD Revocation of information notice on compliance If the director-general is satisfied on reasonable grounds that an information notice given to a child’s parents has been complied with, the director-general must revoke the notice by written notice given to the parents.

Compliance notices Part 2.5

16B Giving compliance notice (1) The director-general may give a notice (a compliance notice) to a child’s parents if the director-general believes on reasonable grounds that the parents have contravened or are contravening— (a) section 10 (Child of compulsory education age—enrolment and registration requirement); or (b) section 10A (Child of compulsory education age—school attendance requirement); or (c) section 10AC (Student movement register—parental notice); or (d) section 10D (Child of compulsory education age—participation requirement); or (e) section 14D (Approval statement—compliance requirement). Note For how documents may be given, see the Legislation Act, pt 19.5. (2) However, the director‑general may only give a compliance notice in relation to a contravention of section 10 if the child lives in the ACT.

16C Contents of compliance notice (1) A compliance notice in relation to a child must— (a) state that it is a compliance notice under this Act; and (b) include a brief description of the contravention of this Act in relation to which the notice is given; and (c) state what the child’s parents need to do to comply with the notice; and (d) state the period for complying with the notice; and (e) contain a statement to the effect that failure to comply with the notice is an offence.

(2) The compliance notice may include any other information the director-general considers appropriate.

16D Extension of time for compliance with compliance notice (1) This section applies if a child’s parents have been given a compliance notice. (2) The director-general may, by written notice given to the child’s parents, extend the compliance period for the compliance notice on the director-general’s own initiative or if asked by the parents. (3) However, the director-general may extend the compliance period only if the period has not ended. compliance period means the period stated in the compliance notice under section 16C (1) (d), and includes the period as extended under this section.

17 Revocation of compliance notice on compliance If the director-general is satisfied on reasonable grounds that a compliance notice given to a child’s parents has been complied with, the director-general must revoke the notice by written notice given to the parents.

Offences—parents Part 2.6 Part 2.6 Offences—parents

17A Contravention of information and compliance notices (1) A child’s parents commit an offence if— (a) an information notice is given to the parents; and (b) the parents fail to comply with the notice. Maximum penalty: 5 penalty units. (2) A child’s parents commit an offence if— (a) a compliance notice is given to the parents; and (b) the parents fail to comply with the notice. (3) An offence against this section is a strict liability offence. (4) This section does not apply if the child’s parents have a reasonable excuse for failing to comply with the notice. (5) Without limiting subsection (4), it is a reasonable excuse for a parent of the child (the stated parent) that— (a) the child lives with another parent and the stated parent believes on reasonable grounds that the other parent is complying with the notice; or (b) the stated parent is not reasonably able to control the child’s behaviour to the extent necessary to comply with the notice.

Part 2A.1 Suspension, transfer, expulsion and exclusion—generally Chapter 2A Suspension, transfer, expulsion and exclusion of students Part 2A.1 Suspension, transfer, expulsion and exclusion—generally

17B Meaning of unsafe or noncompliant behaviour—ch 2A (1) For this chapter, the behaviour of a student at a school is unsafe or noncompliant if the behaviour reduces the safety or effectiveness of the learning environment at the school because it— (a) is persistently or disruptively noncompliant; or (b) poses an unacceptable risk to the safety or wellbeing of— (i) another student at the school; or (ii) a member of staff of the school; or (iii) someone else involved in the school’s operation. (2) To remove any doubt, a student’s behaviour may be unsafe or noncompliant even if the behaviour does not happen on school premises or during school hours. using social media outside school hours to encourage violence against a student at school the next day

Suspension, transfer, expulsion and exclusion—generally Part 2A.1

17C Definitions—ch 2A decision-maker, for a school, means— (a) for a government school—the director-general; and (b) for a Catholic system school—the director of Catholic (c) for an independent school—the principal of the school. delegated principal, for a government school or Catholic system school, means a principal to whom the decision-maker for the school has delegated their powers under section 17O. exclude— (a) a student at a government school, means exclude the student from being enrolled at any government school under section 17ZA; or (b) a student at a Catholic system school, means exclude the student from being enrolled at any Catholic system school under section 17ZF. expel, a student at a school, means expel the student from the school under section 17U. reasonable alternative means an alternative that a person is reasonably able to take considering all relevant matters. suspend, a student at a school, means suspend the student under section 17H. transfer, a student at a government school, means transfer the student from the school to another government school under section 17P.

Part 2A.1 Suspension, transfer, expulsion and exclusion—generally

17D Exhausting all reasonable alternatives If a person is required to exhaust all reasonable alternatives before making a decision under this chapter in relation to a student at a school, the person must— (a) before making a decision to transfer or expel a student—be satisfied that suspending the student would not be effective or suitable; and (b) be satisfied that no other reasonable alternative is likely to be suitable or successful for managing the student’s unsafe or noncompliant behaviour.

17E Communicating with students and parents (1) This section applies if a person is required to tell a student, or give their parents written notice, about a decision or proposed decision under this chapter. (2) The person must apply natural justice and procedural fairness and, in particular, must— (a) ensure the student and their parents are given sufficient information about the decision-making process, in a language and way that the student and their parents can understand, to allow the student and their parents to effectively take part in the decision-making process and have their views heard; and (b) ensure the student has a parent, or someone else chosen by the student, present when taking part in the decision-making process.

Suspension, transfer, expulsion and exclusion—generally Part 2A.1

17F Notification not required in certain circumstances (1) This section applies if a person is required to give a written notice to a parent of a student under this chapter. (2) The written notice need not be given if the person is satisfied that— (a) it would not be in the best interests of the student to give the notice; or a court order prevents contact between a student and their parent (b) it is not possible or reasonably practicable in the circumstances to give the notice. despite reasonable efforts, contact details for a parent cannot be found (3) If the student is an adult, the written notice— (a) need not be given to a parent of the student; and (b) must be given to the student.

17G Suspension to ensure safe and effective learning environment A decision-maker for a school may suspend a student at the school only for the purpose of ensuring a safe and effective learning environment at the school.

17H Suspension (1) The decision-maker for a school may suspend a student at the school if satisfied— and (b) the school has exhausted all reasonable alternatives to suspending the student; and (c) it is reasonable to suspend the student considering all the parents about the proposed suspension. (2) However, the decision-maker must not suspend a student unless— (a) for a government school or Catholic system school with a delegated principal—the delegated principal has complied with the requirements for involving the student and their parents in the decision-making process under section 17L; or delegated principal—the principal of the school recommends the student be suspended; and

(c) for an independent school—the decision-maker has complied with the requirements for involving the student and their parents in the decision-making process under section 17L. (3) The decision-maker for a government school or Catholic system school without a delegated principal may suspend the student as recommended by the principal of the school under section 17K, or subject to any change the decision-maker considers reasonable.

17I Suspension—notice If the decision-maker for a school suspends a student, the decision-maker must— (a) tell the student, and give their parents written notice (a suspension notice), about the suspension, including— (i) the grounds for the suspension; and (ii) the length of the suspension; and (iii) how the school intends to support the student to continue their education during the suspension; and delegated principal—tell the principal of the school about the suspension, including any changes made to the principal’s recommendation.

17J Suspension—length (1) The suspension of a student is for the period, not longer than 20 school days, the decision-maker considers necessary to ensure a safe and effective learning environment at the school. (2) A suspension— (a) begins on the later of the following: (i) the day the decision-maker gives a suspension notice to the student’s parents;

(ii) the day stated in the suspension notice; and (b) ends on the earlier of the following: (i) the end day stated in the suspension notice; (ii) 20 school days after the suspension begins. (3) A suspension must not start immediately after another suspension ends.

17K Suspension—government and Catholic system schools— principal’s recommendation (1) This section applies to a student at a government school or a Catholic system school without a delegated principal. (2) The principal of the school may recommend to the decision-maker for the school that the student be suspended. (3) However, the principal must not make a recommendation unless the section 17L. (4) The principal’s recommendation must include the following information about the proposed suspension: (a) the grounds for the suspension, including details of— suspending the student; (b) the length of the suspension; (c) how the school intends to support the student to continue their education during the period of suspension;

(d) the steps taken to involve the student and their parents in the decision-making process under section 17L, and any views of the student and their parents about the suspension. (5) The principal’s recommendation may include any other information the principal considers would assist the decision-maker in deciding whether to suspend the student.

17L Suspension—involving student and parents (a) for a government school or Catholic system school with a delegated principal—the delegated principal proposes to suspend a student at the school; or delegated principal—the principal proposes to recommend the suspension of a student under section 17K; or (c) the principal of an independent school proposes to suspend a student at the school. (2) Before taking the proposed action, the principal must take reasonable steps to tell the student, and give their parents written notice, about the proposed suspension, including— (a) the grounds for the suspension including details of— suspending the student; and (b) the length of the suspension; and (c) how the school intends to support the student to continue their education during the suspension; and

(d) the decision-making process for the suspension, and how the (3) However, the principal may take the proposed action before giving the parents written notice if— (a) the student’s unsafe or noncompliant behaviour presents an immediate or imminent risk of harm to a person; and Examples—behaviour that presents an immediate or imminent risk of harm to a person • the student was physically violent to another student • the student threatened to be physically violent to a staff member (b) the principal tells the student and their parents, orally, about the proposed suspension, including— (i) the information mentioned in subsection (2) (a) to (d); and (ii) that the suspension starts immediately. (4) If the principal takes the proposed action under subsection (3), the principal must, as soon as possible, give the student’s parents written notice about the suspension, including the information mentioned in subsection (2) (a) to (d). (5) If a principal takes action under subsection (3) and a student is suspended before any views of the student and their parents about the suspension may be considered, the decision-maker may, after considering the views of the student and their parents, revise the suspension in any way the decision-maker considers reasonable. (6) If the decision-maker revises a suspension under subsection (5), the decision-maker must tell the student, and give the student’s parents a revised suspension notice.

17M Suspension—student’s education and counselling (1) If a student at a school is suspended, the principal of the school must ensure the student is given the materials and support needed to continue their education during the period of suspension. (2) If a student at a school is suspended for a total of 7 or more school days in a school term (consecutively or otherwise), the principal of the school must ensure that the student is given a reasonable opportunity to attend counselling.

17N Suspension—review of student’s circumstances (1) If a student at a school is suspended, the principal of the school (a) review any reasonable adjustments in place for the student, including reviewing the way an adjustment is implemented; and (b) make any reasonable adjustments the principal considers would support the student, including changing the way an adjustment is implemented. adjustment—see the Disability Standards for Education 2005 (Cwlth), section 3.3. reasonable, in relation to an adjustment—see the Disability Standards for Education 2005 (Cwlth), section 3.4.

17O Suspension—government and Catholic system schools— delegation The decision-maker for a government school or Catholic system school may delegate their powers under this part in relation to suspending a student at the school to—

(b) if the school is a government school—a public servant in the Education Directorate. a Director of School Improvement Note For laws about delegations, see the Legislation Act, pt 19.4.

Transfers between government schools Part 2A.3 Part 2A.3 Transfers between government

17P Transfer (1) The director-general may transfer a student at a government school (the transferring school) if satisfied— and (b) the transferring school has exhausted all reasonable alternatives to transferring the student; and student to remain at the school: (ii) another student; (iii) a member of staff of the school; and (d) it is reasonable to transfer the student considering all the parents about the proposed transfer. (2) However, the director-general must not transfer a student unless the principal of the school recommends the student be transferred. (3) The director-general may transfer the student as recommended by the principal, or subject to any change the director-general considers reasonable. (4) For subsection (1) (c) (i), the director-general may consider whether the relationship between the student and the school has deteriorated to such an extent that remaining at the school is no longer in the student’s best interests.

17Q Transfer—notice If the director-general transfers a student, the director-general must— transfer, including— (i) the grounds for the transfer; and (ii) the school to which the student is to be transferred; and (iii) the day the transfer takes effect; and (b) tell the recommending principal about the transfer, including any changes made to the principal’s recommendation; and (c) tell the principal of the school to which the student is being transferred about the transfer, including— (i) the grounds for the transfer; and (ii) the school from which the student is being transferred; and (iii) the day the transfer takes effect.

17R Transfer—principal’s recommendation (1) The principal of a government school may recommend to the director-general that a student at the school be transferred from the section 17S. information about the proposed transfer: (a) the grounds for the transfer including details of—

Transfers between government schools Part 2A.3 transferring the student; (b) the school to which the student is to be transferred; (c) the day the transfer is to take effect; (d) the steps taken to involve the student and their parents in the decision-making process under section 17S, and any views of the student and their parents about the transfer. the principal considers would assist the director-general in deciding whether to transfer the student.

17S Transfer—involving student and parents Before recommending the transfer of a student under section 17R, the principal of a government school must tell the student, and give their parents written notice, about the transfer, including— (a) the grounds for the proposed transfer including details of— transferring the student; and (b) the school to which it is proposed the student be transferred; and (c) the day the proposed transfer is to take effect; and (d) the decision-making process for the proposed transfer, and how the student and their parents may take part in the process and have their views heard.

17T Transfer—counselling If a student at a government school is transferred, the principal of the school must ensure the student is given a reasonable opportunity to attend counselling.

Expulsion from Catholic system schools and independent schools Part 2A.4 Part 2A.4 Expulsion from Catholic system schools and independent

17U Expulsion (1) The decision-maker for a Catholic system school or an independent school may expel a student at the school if satisfied— and (b) the school has exhausted all reasonable alternatives to expelling the student; and student to remain at the school: (ii) another student; (iii) a member of staff of the school; and (d) it is reasonable to expel the student considering all the parents about the proposed expulsion. (2) However, the decision-maker for a school may expel a student only if— (a) for a Catholic system school—the principal of the school recommends the student be expelled; and (b) for an independent school—the decision-maker has complied with the requirements for involving the student and their parents in the decision-making process under section 17X.

Part 2A.4 Expulsion from Catholic system schools and independent schools (3) The decision-maker for a Catholic system school may expel the student as recommended by the principal, or subject to any change the decision-maker considers reasonable. (4) For subsection (1) (c) (i), the decision-maker may consider whether the relationship between the student and the school has deteriorated to such an extent that remaining at the school is no longer in the student’s best interests.

17V Expulsion—notice If the decision-maker for a Catholic system school or an independent school expels a student, the decision-maker must— expulsion, including— (i) the grounds for the expulsion; and (ii) the day the expulsion takes effect; and (b) for a Catholic system school—tell the principal about the expulsion, including any changes made to the principal’s recommendation.

17W Expulsion—Catholic system schools—principal’s (1) This section applies in relation to a student at a Catholic system (2) The principal of the school may recommend to the decision-maker for the school that the student be expelled. (3) However, the principal may make a recommendation only if the section 17X.

Expulsion from Catholic system schools and independent schools Part 2A.4 (4) The principal’s recommendation must include the following information about the proposed expulsion: (a) the grounds for the expulsion, including details of— expelling the student; (b) the day the expulsion is to take effect; decision-making process under section 17X, and any views of the student and their parents about the expulsion. (5) The principal’s recommendation may include any other information the principal considers would assist the decision-maker in deciding whether to expel the student.

17X Expulsion—involving student and parents (a) the principal of a Catholic system school proposes to recommend the expulsion of a student under section 17W; or (b) the principal of an independent school proposes to expel a student at the school. (2) Before taking the proposed action, the principal must tell the student, and give their parents written notice, about the following: (a) the grounds for the proposed expulsion including details of—

Part 2A.4 Expulsion from Catholic system schools and independent schools expelling the student; and (b) the day the proposed expulsion is to take effect; (c) the decision-making process for the proposed expulsion, and how the student and their parents may take part in the process and have their views heard.

17Y Expulsion—counselling If a student at a Catholic system school or an independent school is expelled, the principal of the school must ensure the student is given a reasonable opportunity to attend counselling.

Exclusion—government schools Division 2A.5.1 Part 2A.5 Excluding a student from a system of schools

17Z Application—div 2A.5.1 This division applies in relation to a student if the student— (a) is enrolled at a government school; and (b) is not of compulsory education age. 17ZA Exclusion—government schools (1) The director-general may exclude a student from enrolling at any government school if satisfied— and (b) the school at which the student is enrolled has exhausted all reasonable alternatives to excluding the student; and student to be enrolled at any government school: (ii) another student at a government school; (iii) a member of staff of a government school; and (d) it is reasonable to exclude the student considering all the parents about the proposed exclusion. (2) However, the director-general must not exclude a student unless the principal of the school recommends the student be excluded.

(3) The director-general may exclude the student as recommended by the principal, or subject to any change the director-general considers reasonable. (4) For subsection (1) (c) (i), the director-general may consider whether the relationship between the student and the government school system has deteriorated to such an extent that the student’s enrolment at any government school is no longer in the student’s best interests. 17ZB Exclusion—government schools—notice If the director-general excludes a student from enrolling at any government school, the director-general must— exclusion, including— (i) the grounds for the exclusion; and (ii) the day the exclusion takes effect; and (b) tell the recommending principal about the exclusion, including any changes made to the principal’s recommendation. 17ZC Exclusion—government schools—principal’s (1) The principal of a government school may recommend to the director-general that a student at the school be excluded from enrolling at any government school. section 17ZD.

Exclusion—government schools Division 2A.5.1 information about the proposed exclusion: (a) the grounds for the proposed exclusion including details of— excluding the student; and (iii) any previous action taken under this chapter against the student and the behaviour giving rise to the action; decision-making process under section 17ZD, and any views of the student and their parents about the exclusion. the principal considers would assist the director-general in deciding whether to exclude the student from enrolling at any government 17ZD Exclusion—government schools—involving student and parents Before recommending the exclusion of a student under section 17ZC, the principal of the government school at which the student is enrolled must tell the student, and give their parents written notice of the following about the proposed exclusion: (a) the grounds for the exclusion, including details of—

excluding the student; (c) options available for the student to continue their education after the exclusion; (d) the decision-making process for the exclusion, and how the 17ZE Exclusion—government schools—ongoing education and counselling If a student at a government school is excluded from enrolling at any government school, the principal of the school at which the student is enrolled must ensure the student is given— (a) a reasonable opportunity to attend counselling; and (b) information about options to continue their education after the exclusion. Examples—options for continuing education after exclusion 1 enrolment at a non-government school 2 distance education provided by another jurisdiction 3 enrolment at a vocational education training organisation 17ZF Exclusion—Catholic system schools (1) The director of Catholic education may exclude a student from enrolling at any Catholic system school if satisfied— and

Exclusion—Catholic system schools Division 2A.5.2 (b) the school at which the student is enrolled has exhausted all reasonable alternatives to excluding the student; and student to be enrolled at any Catholic system school: (ii) another student at a Catholic school; (iii) a member of staff of a Catholic school; and (d) it is reasonable to exclude the student considering all the parents about the proposed exclusion. (2) However, the director must not exclude a student unless the principal of the school recommends the student be excluded. (3) The director may exclude the student as recommended by the principal, or subject to any change the director considers reasonable. (4) For subsection (1) (c) (i), the director may consider whether the relationship between the student and the Catholic school system has deteriorated to such an extent that the student’s enrolment at any Catholic system school is no longer in the student’s best interests. 17ZG Exclusion—Catholic system schools—notice If the director of Catholic education excludes a student from enrolling at any Catholic system school, the director must— exclusion, including— (i) the grounds for the exclusion; and (ii) the day the exclusion takes effect; and (b) tell the recommending principal about the exclusion, including any changes made to the principal’s recommendation.

17ZH Exclusion—Catholic system schools—principal’s (1) The principal of a Catholic system school may recommend to the director of Catholic education that a student at the school be excluded from enrolling at any Catholic system school. section 17ZI. information about the proposed exclusion: (a) the grounds for the exclusion including details of— excluding the student; and (iii) any previous action taken under this chapter against the student, including the behaviour giving rise to the action; decision-making process under section 17ZI, and any views of the student and their parents about the exclusion. the principal considers would assist the director in deciding whether to exclude the student from enrolling at any Catholic system school.

Exclusion—Catholic system schools Division 2A.5.2 17ZI Exclusion—Catholic system schools—involving student and parents Before recommending the exclusion of a student under section 17ZH, the principal of a Catholic system school must tell the student, and give their parents written notice, about the proposed exclusion, including— (a) the grounds for the exclusion, including details of— excluding the student; (c) the decision-making process for the exclusion, and how the 17ZJ Exclusion—Catholic system schools—counselling If a student at a Catholic system school is excluded from enrolling at any Catholic system school, the principal of the school must ensure the student is given a reasonable opportunity to attend counselling.

18 Principles on which ch 3 based The following are the principles on which this chapter is based: (a) the ACT government school system is based on the principles of equity, universality and nondiscrimination; (b) government schools are free and open to everyone; (c) government schools offer a broad and balanced secular education to all students from preschool to year 12 by providing access to a broad curriculum; (d) the government school system is committed to— (i) providing reasonable access to public education for all students in the ACT; (ii) maximising student educational achievements and opportunities; and (iii) developing emotional, physical and intellectual wellbeing of all students; and (iv) responsiveness to community needs; and (v) innovation, diversity and choice; and (vi) preparing students to be independent and effective local and global citizens; and (vii) teacher, student and parent participation in all aspects of school education; and

General Part 3.1 (viii) combining central policies and guidelines with school level policies and decision-making; and (ix) making information available about, and being accountable for, the operation of government schools; (e) government school funding is provided to schools in recognition of the principles mentioned in paragraphs (a) to (d) and the diversity of students’ needs.

Part 3.2 Establishment and operation of

20 Establishing government schools etc (1) The Minister may establish government schools. (2) The Minister may decide— (a) the kinds of government schools to be established; and (b) the levels of education to be provided by government schools. (3) The Minister may establish school-related educational institutions and services (school-related institutions). Example of school-related institution Murrumbidgee Education and Training Centre (4) The Minister may name, and change the name of, a government school or school-related institution. (5) Before making a decision to close or amalgamate a government school, the Minister must take the following steps: (a) tell the school community that the Minister is considering closing or amalgamating the school and the reasons why; (b) obtain a report from the committee established under section 20A to use in consultation with the school community under paragraph (c) that— (i) comprehensively assesses the impacts of closing or amalgamating the school on the school community; and Note For what impacts must be assessed, see s 20B. (ii) identifies alternatives to closing or amalgamating the school;

(c) consult with the school community for at least 6 months on the educational, economic, environmental and social impacts of, and identifying alternatives to, closing or amalgamating the school; Note For how the Minister must undertake consultation, see s 20A. (d) give public notice of— (i) a proposal to close or amalgamate the school; and (ii) details of where a copy of the report mentioned in paragraph (b) can be obtained; a website operated by the administrative unit responsible for this Act Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). (e) give written notice of the matters mentioned in paragraph (d) to— (i) the parents and citizens association; and (ii) the chairperson of the school board; and (iii) the principal of the school. (6) Not less than 12 months after telling the school community that the Minister is considering closing or amalgamating the school, the Minister must— (a) give public notice of the final decision; and Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).

(b) give written notice of the decision to— (i) a parent of each student at the school; and (ii) each member of the school’s parents and citizens association; and (iii) each member of the school board; and (iv) the principal and each teacher at the school; and (c) explain to the school community the reasons for the final decision and how the following have been taken into account in making the final decision: (i) the school community’s views; (ii) the relevant general principles of this Act under section 7; (iii) the principles on which chapter 3 is based under section 18. (7) The consultation must be done in a way that gives effect to the following principles: (a) consultation should focus on access to, and the provision of, quality educational opportunities; (b) consultation should be open, equitable, respectful and transparent; (c) consultation should lead to sustainable decisions by involving effective community engagement; (d) without limiting paragraph (c), consultation should ensure that— (i) relevant information is provided in a timely, equitable and accessible way to enable maximum community participation in debate about the proposal; and (ii) opportunities are provided for feedback about the proposal, especially from families and other people with significant interest in the proposal;

(e) consultation should include seeking the views of school boards that are likely to be affected by the proposal. (8) The Minister must not close or amalgamate a government school before the later of— (a) 6 months after the final decision was made; and (b) the end of the school year in which the final decision was made. (9) In this section: school community, in relation to a school that is proposed to be closed or amalgamated, means the members of the community affected by closing or amalgamating the school, including students at the school, students’ families, the school board, the principal and teachers at the school and the local community. Examples—local community residents, local businesses

20A Independent committee (1) The Minister must establish an independent committee. (2) The functions of the committee are to— (a) prepare the report mentioned in section 20 (5) (b); and (b) undertake the consultation on behalf of the Minister under section 20 (5) (c). (3) The committee must consist of 3 people selected after consultation with the relevant Assembly committee. relevant Assembly committee means a standing committee of the Legislative Assembly nominated, in writing, by the Speaker for subsection (3).

20B Impacts of closing or amalgamating government schools (1) An assessment under section 20 (5) (b) must include information about the following educational, economic, environmental and social impacts in relation to closing or amalgamating a government school: (a) the following educational impacts: (i) the range, quality and depth of education programs; (ii) the age and condition of school infrastructure, facilities and resources; (iii) teaching resources and workloads; (iv) social and learning environment for children; (v) extracurricular activities; (vi) parent participation in school; (vii) out-of-hours school programs; (viii) findings of research studies on school size; (ix) student literacy and numeracy outcomes; (x) other educational outcomes; (xi) student outcomes, especially those of parents who have a low income, are Aboriginal or Torres Strait Islander people or from a non-English speaking background or with disabilities; (xii) access to public education; (xiii) school enrolments;

(b) the following economic impacts: (i) recurrent and capital savings and costs, including one-off savings and costs, of closing or amalgamating the school for the Territory, including— (A) staffing and resources; and (B) school bus transport; and (C) traffic and safety arrangements; and (D) building maintenance and security; (ii) financial impact on parents, including transport and travel time; (iii) financial impact on local business including ongoing viability; (iv) a comparison of the cost, per student, to operate the school with the cost, per student, to operate other ACT government schools and average cost across all ACT government schools; (c) the following environmental impacts: (i) traffic congestion; (ii) air pollution; (iii) greenhouse gas emissions; (iv) noise levels; (v) open green space adjacent to the school site; (d) the following social impacts: (i) demographic projections of parents with school-age children, including taking into account expected land releases;

(ii) implications for parents who have a low income, are Aboriginal or Torres Strait Islander people or from a non- English speaking background or of students with disabilities; (iii) safety of children walking or cycling to school; (iv) neighbourhood community facilities; (v) access to recreational and leisure facilities; (vi) provision of government services; (vii) community support networks; (viii) local employment; (ix) heritage values of school buildings. (2) An assessment may include information about any other impacts in relation to closing or amalgamating the school.

21 Operation of government schools (1) The director-general is responsible to the Minister for the operation of government schools. (2) Government schools are to be publicly owned and operated by the Territory itself. (3) If a government school provides residential boarding services for students enrolled at the school, it must meet the requirements prescribed by regulation for the provision of residential boarding services. (4) The director-general must establish procedures that give priority to the enrolment of children in their local government school. (5) The principal of a government school is responsible for— (a) educational leadership and management of the school; and (b) educational outcomes for students at the school; and

(c) providing support to the school board in the carrying out of its functions; and (d) contributing to the development and implementation of educational policies and strategies. (6) The principal of a government school must make available to parents of students at the school, and to the staff and students of the school, information about the school’s educational programs and policies, and the school’s operation. (7) The director-general may establish procedures for the operation of school-related institutions. (8) In this section: local government school, for a child, means— (a) the government school whose priority enrolment area includes the child’s place of residence; or (b) if the child has more than 1 place of residence—each government school whose priority enrolment area includes a place of residence for the child.

21A Priority enrolment areas (1) The director-general may determine the area from which a government school must accept the enrolment of any child living in the area (a priority enrolment area). (2) The director-general must make the determination available to the public. Example—available to the public publish the determination on a government website (3) In this section: government school does not include a preschool program delivered at the school.

22 Investigation of complaints—government schools (1) The director-general must develop and implement a complaints policy for government schools. (2) The director-general must, as soon as practicable, investigate any complaint about the administration, management and operation of government schools that, in the director-general’s opinion, is not a frivolous or vexatious complaint.

23 Review of government school system The director-general must regularly review, and report to the Minister on, the government school system as a whole.

24 Review of operation of government schools (1) The director-general must ensure that— (a) the effectiveness of each government school is reviewed at least once every 5 years; and (b) a report of the review is prepared. (2) The director-general must ensure that a review seeks the input of the local community served by the school. (3) A review must take into account the views of— (a) the parents of students at the school; and (b) the teachers at the school; and (c) the students at the school. (4) The director-general must make the report of a review of a school available to— (a) the parents of students at the school; and (b) the staff of the school; and (c) the students at the school.

25 Reporting to parents—government schools (1) The principal of a government school must set up procedures for giving reports to the parents of a student enrolled at the school about the student’s academic progress and social development at the school. (2) A report must be given to the student’s parents at least twice a year.

26 Education to be free (1) Education in government schools is to be free and no fees are chargeable for it. (2) Subsection (1) does not apply— (a) in relation to tuition fees paid to a registered provider; or (b) to people who hold a temporary visa under the Migration Act 1958 (Cwlth), section 30 (2). (3) If a person to whom subsection (2) (b) applies is charged a fee, the person may ask the Minister to waive the fee (a fee waiver). (4) The Minister must waive the fee— (a) if the Minister is satisfied the person has demonstrated financial hardship; or (b) if the Minister is satisfied the person’s circumstances justify the waiver; or (c) for any other reason prescribed by regulation. (5) A fee must not be charged in relation to a child for whom a request for a fee waiver is made, and the child must not be excluded from school for nonpayment of a fee, while the request is being considered. Note It is unlawful for a public authority, including a Minister, to fail to give proper consideration to relevant human rights in making a decision (see Human Rights Act 2004, s 40B).

(6) In subsection (2): registered provider—see the Education Services for Overseas Students Act 2000 (Cwlth), section 5. tuition fees—see the Education Services for Overseas Students Act 2000 (Cwlth), section 7.

27 Voluntary financial contributions (1) The school board of a government school may ask the parents of a student enrolled at the school, or anyone else, to make a financial contribution to the school. (2) The following principles apply in relation to financial contributions: (a) each contribution is to be voluntary; (b) a student at the school is not to be refused benefits or services because the student’s parents do not make a contribution; (c) a student is not to be approached or harassed for contributions; (d) any record of contributions is confidential. (3) If the school board asks the parents of a student enrolled at the school to make a financial contribution, the school board must tell the parents about the principles that apply in relation to financial contributions.

28 Secular education (1) Education in government schools is to be non-sectarian, secular (2) Secular education in government schools may include the study of different religions as distinct from education in a particular religion.

29 Religious education (1) If parents of children at a government school ask the principal for their children to receive religious education in a particular religion, the principal must ensure that reasonable time is allowed for their children’s religious education in that religion. (2) The principal must ensure that the educational program continues for students at the school not attending religious education. (3) Religious education must be authorised by the religious body to which the person providing the instruction belongs. (4) Students attending a religious education class at a government school must be separated from other students at the school while the class is held. religious education means education in a particular religion as distinct from the study of different religions.

30 Curriculum (1) The director-general must decide the curriculum requirements for students attending government schools (other than in years 11 and 12). (2) For subsection (1), the requirements include the framework of the curriculum and the principles on which the curriculum is based.

31 Approved educational courses for students at (1) The director-general may approve educational courses for a student enrolled at a government school that may be provided to the student at a place other than the school (an approved educational course (government)). (2) An approval may be subject to conditions.

(3) However, the director-general may approve an educational course only if satisfied that— (a) the standard of the course is appropriate; and (b) there are adequate facilities for conducting the course; and (c) the premises where the course is to be conducted comply with any relevant Territory laws about health and safety standards; and (d) each person carrying out a regulated activity for the provider of the course complies with the requirements of the Working with Vulnerable People (Background Checking) Act 2011.

Attendance at government schools Part 3.3 Part 3.3 Attendance at government

32 Keeping of register of enrolments and attendances for approved educational course (government), commits an offence if the principal or person fails to keep a register of enrolments and attendances.

33 Keeping records of enrolment and attendances for approved educational course (government), must ensure that the following information is entered in the register of enrolments and attendances: (a) the full name of each student enrolled at the school or course; (b) a record of the student’s compliance with required school or course attendance (including any activity of the school or course). (2) The principal of a government school, or the person giving an (a) the principal or person makes an entry in the register of enrolments and attendances; and

Part 3.3 Attendance at government schools (b) the principal or person is reckless about whether the entry is correct. (3) An offence against subsection (1) is a strict liability offence.

34 Inspection of register of enrolment and attendances for (a) an authorised person (government) asks the principal or person to make the register of enrolments and attendances available to the authorised person; and (b) the principal or person fails to make the register available as asked. (2) The principal of a government school, or the person giving an (a) the director-general or an authorised person (government) asks the principal or the person to give the director-general or authorised person stated information about enrolments or attendances of students at the school or course during a stated period or at a stated time; and (b) the principal or person fails to give the information in accordance with the request. Maximum penalty: 50 penalty units (3) An authorised person (government) may make copies of the register of enrolments and attendances or any part of the register.

Attendance at government schools Part 3.3 (4) The principal of a government school, or the person giving an approved educational course (government), must take reasonable steps to assist an authorised person (government) in exercising functions under this section.

35 Procedures to encourage school attendance at (1) The principal of a government school must set up procedures— (a) to encourage students to attend school regularly; and (b) to help parents to encourage their children to attend school regularly. (2) The procedures must— (a) state that school attendance is compulsory; and (b) state the benefits of a student’s regular school attendance; and (c) include steps that may be taken to support a student’s attendance. referring a student to a support service

Part 3.4 School boards of government 37 Definitions for pt 3.4 half-year means a period of 6 months ending on 30 June or 31 December. money, of a school, means money allocated to the school by the director-general or otherwise received by the school. Examples of money otherwise received voluntary financial contributions, other donations and sponsorships parents and citizens association, of a school, means (a) the entity declared under section 40 (Declaration of parents and citizens associations in certain circumstances) to be the parents and citizens association of the school; or (b) if there is no declaration under that section for the school—the parents and citizens association incorporated under the Associations Incorporation Act 1991 or the Associations Incorporation Act 1953 (repealed) in relation to the school. prescribed period, for a term of office of a member of a school board (other than the principal), means the period— (a) beginning on whichever of the following is later: (i) 1 April in the year of the member’s election or appointment; (ii) the date of the member’s election or appointment; and (b) ending at the end of the March at least 12 months, and not more than 24 months, after the beginning of the period.

school means a government school. small school means a school (other than a school-related institution) where fewer than 4 teachers are employed.

38 Establishment of school boards A school board is established for each government school.

39 Functions of school boards etc (1) The functions of the school board of a government school are— (a) to establish strategic direction and priorities for the school; and (b) to monitor and review school performance and to report on it to the director-general, parents of students at the school and staff; and (c) to develop, maintain and review curriculum for the school; and (d) to develop and review education policies at the school; and (e) to establish budgetary policies for the school and approve the school budget; and (f) to establish policies for the efficient and effective use of school assets and the management of financial risk; and (g) to develop relationships between the school and the community and between the school and community organisations; and (h) to make recommendations to the director-general on issues affecting the school; and (i) to encourage parent participation in their children’s learning; and (j) to exercise any other function given to the board under this Act or any other Territory law.

(2) The director-general may give written directions to the school board about the exercise of its functions, either generally or in relation to a particular issue. (3) The school board must give effect to the director-general’s directions. (4) The director-general is not required— (a) to accept, or act in accordance with, a recommendation of the school board; or (b) to carry out a policy decided by the school board.

40 Declaration of parents and citizens associations in certain circumstances (1) If there is a dispute about the entity that should be the parents and citizens association of a government school, the director-general must call a meeting of parents of students at the school and interested members of the community to discuss the entity to be the representative of the parents and community. (2) If, in the director-general’s opinion, it is appropriate in the circumstances to do so, the director-general may call a meeting of parents of students at a government school and interested members of the community to discuss the entity to be the representative of the parents and community. (3) The director-general may, after considering the outcome of a meeting under subsection (1) or (2) in relation to a government school, recommend to the Minister the entity to be the representative of the parents and community. (4) After receiving a recommendation under subsection (3), the Minister may declare an entity to be the parents and citizens association of a government school. (5) A declaration under subsection (4) is a notifiable instrument.

41 Composition of school boards generally (1) This section applies to a school board of a government school other than— (a) a small school or a school-related institution; or (b) a school to which section 43 (Composition of school boards of school-related institutions and other schools in special circumstances) applies. (2) The school board of a government school consists of— (b) 1 member (the appointed member) appointed by the director-general as the appointed member; and (c) 2 members (the staff members) elected by staff of the school and appointed by the director-general; and (d) 3 members (the parents and citizens members) appointed by the director-general and made up as follows: (i) if the school has a parents and citizens association— (A) 1 member selected from the parents and citizens association of the school; and (B) 2 members selected from the parents of students at the school or from members of the local community; (ii) if the school does not have a parents and citizens association— (A) 2 members selected from the parents of students at the school and 1 member selected from the local community, who is not also a parent of a student at the school; or

(B) if a member is unable to be selected from the local community—3 members selected from the parents of students at the school; and (e) the members (the board appointed members) (if any) appointed by the board under subsection (6); and (f) for a school prescribed under the regulations—2 members (the student members) elected by the students at the school and appointed by the director-general. (3) A person is eligible to be elected or appointed as a staff member only if the person is employed as a member of the staff of the school. (4) A person is eligible to be elected or appointed a student member only if the person is a student at the school. (5) The appointed member, staff members, parents and citizens members and student members are appointed for the prescribed period. (6) The school board may appoint 1 or more people to be members of the board for a term (not longer than 12 months) decided by the school (7) The school board must not make an appointment under subsection (6) if there would be more than 2 board appointed members at the same time.

42 Composition of school boards of small schools (1) This section applies to a school board of a small school other than a school to which section 43 (Composition of school boards of school- related institutions and other schools in special circumstances) applies.

(2) The school board of a small school consists of— (b) 1 member (the appointed member) appointed by the director-general as the appointed member; and (c) 1 member (the staff member) appointed by the director-general as the staff member; and (d) 3 members (the parents and citizens members) appointed by the director-general and made up as follows: (i) if the school has a parents and citizens association— (A) 1 member selected from the parents and citizens association of the school; and (B) 2 members selected from the parents of students at the school or from members of the local community; (ii) if the school does not have a parents and citizens association— (A) 2 members selected from the parents of students at the school and 1 member selected from the local community, who is not also a parent of a student at the school; or (B) if a member is unable to be selected from the local community—3 members selected from the parents of students at the school; and (e) the members (the board appointed member) (if any) appointed by the board under subsection (6).

(3) A person is eligible to be appointed as the staff member only if the person is employed as a member of the staff of the school. (4) The staff member is to be appointed in a way prescribed under the regulations. (5) The appointed member, staff member and parents and citizens members are appointed for the prescribed period. (6) The school board may appoint 1 or more people to be members of the board for a term (not longer than 12 months) decided by the school (7) The school board must not make an appointment under subsection (6) if there would be more than 2 board appointed members at the same time.

43 Composition of school boards of school-related institutions and other schools in special circumstances (1) This section applies to a school that is— (a) a school-related institution; or (b) declared, in writing, by the director-general to be a school to which special circumstances apply. (2) If the school is a school-related institution, the director-general must, if practical, determine the composition of the school board of the It may not be practical to establish a school board for a school-related institution with fewer than 3 staff. (3) Subsection (2) does not prevent the director-general from determining the composition of a single school board for 2 or more institutions.

(4) If the director-general makes a determination under subsection (2) for the school, the director-general may also determine— (a) the members who are required to be present at a meeting of the board; and (b) the members who may not vote at a meeting of the board. (5) If the school is a school to which special circumstances apply, the director-general may determine the following: (a) the composition of the school board of the school; (b) the members who are required to be present at a meeting of the board; (c) the members who may not vote at a meeting of the board. (6) The director-general may make a determination under subsection (2), (4) or (5) only with the Minister’s written approval. (7) Before making the determination the director-general must, if practical, consult with the parents of students at the school, at a general meeting of the parents, about the composition of the board. (8) In deciding whether or not to give the approval, the Minister must have regard to— (a) the need for the principal of the school to be a member of the board; and (b) the need for the director-general to be represented on the board; and (c) whether staff of the school and students at the school have been consulted about the composition of the board; and (d) any comments made by the staff and students at the school about the composition of the board; and (e) the administrative needs, educational or related objectives, and any special characteristics of the school.

(9) The director-general may appoint a person in accordance with the determination to be a member of the board of the school. Note 1 For the making of appointments (including acting appointments), see Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207). (10) A member of the board is appointed for the term stated in the instrument making or evidencing the appointment. (11) A determination under subsection (2), (4) or (5) is a disallowable instrument.

44 Ending of appointment of members of school board (1) The director-general must end the appointment of a member of the school board of a government school if the member ceases to be eligible to be appointed or elected to the position. (2) The director-general must end the appointment of a member of the school board of a government school, other than the principal of the school, if— (a) the member is absent from 3 consecutive meetings of the board without reasonable excuse or leave given by the board; or (b) contravenes section 49 (Disclosure of interests by members of school boards) without reasonable excuse. (3) The director-general may end the appointment of a member of the school board of a government school, other than the principal at the school, for misbehaviour or physical or mental incapacity. Note A person’s appointment also ends if the person resigns (see Legislation Act, s 210).

Proceedings of school boards Division 3.4.3

45 Chairperson and deputy chairperson of school boards (1) The members of the school board of a government school must, whenever necessary, elect— (a) a member to be chairperson; and (b) another member to be deputy chairperson. (2) The school board must tell the director-general of the election of a member as chairperson or deputy chairperson. (3) The members of the school board must not appoint the principal of the school or a member of staff of the school to be chairperson of the

46 School boards to take part in selection of school principals The members of the school board of a government school must, whenever necessary, nominate a member of the board as a member of any selection panel established by the director-general to make recommendations to the director-general about the appointment of the principal for the school.

47 Time and place of meetings of school boards (1) The school board of a government school meets at the times and places it decides. (2) However, the school board must meet at least 4 times a year. (3) The chairperson— (a) may at any time call a meeting of the school board; and (b) must call a meeting if asked by the Minister, the director-general or 3 members of the board.

(4) If the chairperson is not available to call a meeting for any reason, the deputy chairperson or the principal of the school may call a meeting of the school board.

48 Procedures governing proceedings of school boards (1) The chairperson of the school board of a government school presides at all meetings of the board at which the chairperson is present. (2) If the chairperson is absent, the deputy chairperson presides. (3) If the chairperson and deputy chairperson are both absent, the member chosen by the members present presides. (4) Business may be carried out at a meeting of the school board only if 3 or more members are present and— (a) for the school board of a school other than a school to which applies—at least 1 of the members present is a staff member and at least 1 of the members present is a parents and citizens association member; or (b) for the school board of a school to which section 43 applies— the members (if any) who are required, under the determination under section 43 (4) or (5) applying to the school, to be present at a meeting of the school board are present. (5) At a meeting of the school board each member (other than a non- voting member) has a vote on each question to be decided. (6) A question is to be decided by a majority of the votes of the members present and voting but, if the votes are equal, the member presiding has a casting vote. (7) The school board may hold meetings, or allow members to take part in meetings, by telephone, closed-circuit television or another form of communication.

Proceedings of school boards Division 3.4.3 (8) A member who takes part in a meeting under subsection (7) is taken to be present at the meeting. (9) A resolution of the school board is a valid resolution, even though it is not passed at a meeting of the board, if— (a) all members (other than the non-voting members) agree, in writing, to the proposed resolution; and (b) notice of the resolution is given under procedures decided by the school board. (10) The school board must keep minutes of its meetings. (11) The school board may conduct its proceedings (including its meetings) as it otherwise considers appropriate. (12) In this section: non-voting member means— (a) for the school board of a school other than a school to which section 43 applies—a board appointed member; or (b) for the school board of a school to which section 43 applies—a member who, under the determination under section 43 (4) or (5) applying to the school, may not vote at a meeting of the school board.

49 Disclosure of interests by members of school boards (1) This section applies to a member of a school board if— (a) the member has a direct or indirect financial interest in an issue being considered, or about to be considered, by the board; and (b) the interest could conflict with the proper exercise of the member’s functions in relation to the board’s consideration of the issue.

(2) As soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a meeting of the school board. (3) The disclosure must be recorded in the school board’s minutes and, unless the board otherwise decides, the member (the first member) must not— (a) be present when the board considers the issue; or (b) take part in a decision of the board on the issue. (4) Any other member who also has a direct or indirect financial interest in the issue must not— (a) be present when the school board is considering its decision under subsection (3) in relation to the first member; or (b) take part in making the decision. (5) Within 14 days after the end of each financial year, the chairperson of the school board must give the director-general a statement of any disclosure of interest made under this section in relation to the school board during the financial year.

49A Protection of members of school boards (1) A person who is, or has been, a member of a school board of a government school is not civilly liable for an act or omission done honestly in the exercise of a function under this Act. (2) Any liability that would, apart from subsection (1), attach to a person attaches to the Territory.

50 School boards to approve budgets (1) The school board of a government school must approve a budget for each year.

Financial matters Division 3.4.4 (2) The school board must approve the budget before the date decided by the director-general. (3) The budget may only be approved by the school board if it is in the form, and based on the accounting or other policies or practices, (if any) required by the director-general. (4) The director-general may ask the school board to approve a budget for a part of a year. (5) The school board must comply with the request. (6) If the school board approves the budget, money of the school may be spent in accordance with the budget.

51 Application of money of school The school board of a government school may approve the spending of money of the school only in payment or discharge of the costs of, or liabilities incurred by, the school.

52 School boards to approve financial statement and report (1) As soon as practicable after the end of each half-year (but not later than the date decided by the director-general), the school board of a government school must approve a financial statement for the half- year, in a form approved by the director-general or as the director-general directs. (2) As soon as practicable after the end of each year (but not later than the date decided by the director-general), the school board of a government school must approve an annual report on the board’s operations during the year. (3) The annual report must include— (a) the financial statements approved under subsection (1) for each half-year; and

(b) a statement of how voluntary contributions made to the school have been or will be spent; and (c) if a school board is holding funds in reserve—a statement setting out the purposes for which the funds are being held and the amount being held for each of those purposes. (4) The school board must give a copy of each report approved under this section to the director-general. (5) The director-general may issue guidelines about what is, or is not, holding funds in reserve.

53 School boards to make available summaries of budget and annual report (1) Not later than 14 days after approving the budget for a year, the school board of a government school must make a summary of the budget available to parents of students at the school and to the staff and students of the school. (2) Not later than 14 days after approving the annual report for a year, the school board of a government school must make a summary of the report available to parents of students at the school and to the staff and students of the school.

Other provisions Part 3.6 Authorised persons (government) Division 3.6.1

Division 3.6.1 Authorised persons (government)

67 Appointment of authorised persons (government) (1) The director-general may appoint a person to be an authorised person (government) for this Act, other than chapter 4 (Non-government Note 3 A reference to an Act includes a reference to a provision of the Act, see the Legislation Act, s 7 (3). (2) The regulations may prescribe a person to be an authorised person (government) for this Act, other than chapter 4. (3) A person may be appointed as an authorised person (government) under subsection (1) only if— (a) the person is an Australian citizen or a permanent resident; and (b) the director-general is satisfied that the person is a suitable person to be appointed, having regard in particular to— (i) whether the person has any criminal convictions; and (ii) the person’s employment record; and (c) the person has satisfactorily completed adequate training to exercise the powers of an authorised person (government) proposed to be given to the person. (4) To remove any doubt, a person may be both an authorised person (government) and an authorised person (non-government).

Division 3.6.2 Inspection powers for government schools

68 Identity cards for authorised persons (government) (1) The director-general must give an authorised person (government) an identity card that states the person is an authorised person (government) for this Act, or stated provisions of this Act, and shows— (a) a recent photograph of the person; and (b) the name of the person; and (c) the date of issue of the card; and (d) an expiry date for the card; and (e) anything else prescribed under the regulations. (2) A person who ceases to be an authorised person (government) must return the person’s identity card to the director-general as soon as practicable, but within 21 days after the day the person ceases to be an authorised person. Maximum penalty: 1 penalty unit. (3) An offence against subsection (2) is a strict liability offence. Division 3.6.2 Inspection powers for government

69 Power not to be exercised before identity card shown etc (1) An authorised person (government) may exercise a power under this chapter in relation to a person only if the authorised person first shows the person the authorised person’s identity card. (2) An authorised person (government) may not remain in a government school entered under this division if, when asked by the principal, the authorised person does not show the authorised person’s identity card.

Other provisions Part 3.6 Inspection powers for government schools Division 3.6.2

70 Entry to government schools An authorised person (government) may enter a government school at any time.

71 Powers on entry An authorised person (government) who enters a government school under section 70 may inspect the school or anything in it (including the register of enrolment and attendances).

Part 4.1 Non-government schools—principles Part 4.1 Non-government schools— principles 72 Principles—ch 4 This chapter is based on the following principles: (a) the non-government school sector consists of schools from a range of different educational and religious philosophies; (b) the variety of schools in the sector reflects the diversity of the community in the ACT and the preferences of parents for a particular style of education for their children; (c) the non-government schools sector is committed to— (i) developing the spiritual, physical, emotional and intellectual welfare of its students; and (ii) innovation, diversity and choice; and (iii) maximising student outcomes; and (iv) teacher, parent and student participation in school (v) promoting the partnership between home and school; and (vi) preparing students for their full participation in all aspects of a democratic society.

Registrar of non-government schools Division 4.2.1 Part 4.2 Non-government schools— administration Division 4.2.1 Registrar of non-government schools 73 Registrar—appointment The Minister must appoint a person as the Registrar of Non-Government Schools (the registrar).

74 Registrar—functions The registrar has the following functions: (a) to administer the registration of non-government schools and keep the register of non-government schools; (b) to develop an annual registration review program, in collaboration with the registration standards advisory board; (c) to carry out registration reviews of registered schools; (d) any other function given to the registrar under this Act or another territory law.

Division 4.2.2 Registration standards advisory

75 Registration standards advisory board—establishment The Registration Standards Advisory Board is established.

76 Registration standards advisory board—functions The registration standards advisory board has the following functions: (a) to advise the Minister about whether applications to register non-government schools meet the criteria for registration; (b) to assist the registrar in developing annual registration review programs, including identifying registered schools for registration reviews and areas of focus for registration reviews; (c) to advise the Minister on matters relating to the registration standards, including matters arising from registration reviews; (d) to assist the registrar in advising the Minister about proposed regulatory action against registered schools; (e) to advise the Minister about potential improvements to the registration standards; (f) any other function given to the board under this Act or another territory law.

77 Registration standards advisory board—advice to The Minister may, at any time, direct the registration standards advisory board to provide advice to the Minister about a matter relating to the registration standards.

78 Registration standards advisory board—membership (1) The registration standards advisory board consists of the following members appointed by the Minister: (a) a chair; (b) at least 1 and not more than 3 members chosen by the Minister; (c) 1 member nominated by the director-general;

Registration standards advisory board Division 4.2.2 (d) 1 member nominated by the Association of Independent Schools of the ACT; (e) 1 member nominated by Catholic Education, Archdiocese of Canberra and Goulburn. (2) The Minister may appoint a member only if— (a) satisfied that the person has qualifications, expertise and experience relevant to the functions of the board; and (b) the person is registered under the Working with Vulnerable People (Background Checking) Act 2011 to engage in regulated activities involving children; and (c) any other requirements prescribed by regulation are met. (3) Also, the Minister may appoint a person under subsection (1) (a) or (b) only if— (a) the Minister has consulted the following entities about the appointment: (i) the Association of Independent Schools of the ACT; (ii) Catholic Education, Archdiocese of Canberra and Goulburn; and (b) the person is not any of the following: (i) a public servant working in the directorate responsible for administering this Act; (ii) an employee of a registered school; (iii) a member of the governing body of a registered school; (iv) a director of a corporation that is the proprietor of a registered school;

(v) a trustee of the Roman Catholic Church for the Archdiocese of Canberra and Goulburn; (vi) an employee of Catholic Education, Archdiocese of Canberra and Goulburn; (vii) an employee of the Association of Independent Schools of the ACT. (4) A member’s conditions of appointment are the conditions stated in the instrument of appointment.

79 Registration standards advisory board—term of appointment A member of the registration standards advisory board must be appointed for a term not longer than 3 years. Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, def appoint).

80 Registration standards advisory board—ending appointment The Minister may end the appointment of a member of the registration standards advisory board— (a) for misconduct; or (b) if the member is convicted or found guilty, in the ACT, of an offence punishable by imprisonment for at least 1 year; or Note A conviction does not include a spent conviction or an extinguished conviction (see Spent Convictions Act 2000, s 16 (c) (i) and s 19H (1) (c) (i)). (c) if the member is convicted or found guilty, outside the ACT, of an offence that, if committed in the ACT, would be punishable by imprisonment for at least 1 year; or

Registration standards advisory board Division 4.2.2 (d) if the member fails to comply with section 83 (Registration standards advisory board—disclosure of interests) without reasonable excuse; or (e) if the member is absent from 2 consecutive meetings of the board, other than on leave approved by the chair; or (f) for physical or mental incapacity, if the incapacity substantially affects the exercise of the member’s functions.

81 Registration standards advisory board—facilities etc The director-general must provide administrative support and facilities for the registration standards advisory board.

82 Registration standards advisory board—conduct of meetings (1) Meetings of the registration standards advisory board are to be held when and where the board decides. (2) However, the board must meet at least 4 times each year. (3) The board may conduct its proceedings (including its meetings) as it considers appropriate. (4) Business may be conducted at a meeting of the board only if at least 4 members are present. (5) The board must keep minutes of its meetings.

83 Registration standards advisory board—disclosure of interests (1) This section applies to a member of the registration standards advisory board if— (a) the member has a direct or indirect interest in an issue being considered, or about to be considered, by the board; and

(b) the interest could conflict with the proper exercise of the member’s functions in relation to the board’s consideration of the issue. (2) As soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a meeting of the board. (3) The disclosure must be recorded in the board’s minutes and, unless the board otherwise decides, the member must not— (a) be present when the board considers the issue; or (b) take part in a decision of the board on the issue.

Non-government schools registration standards Division 4.3.1 Part 4.3 Non-government schools— registration Division 4.3.1 Non-government schools registration standards 84 Non-government schools registration standards A regulation may prescribe standards for the registration of non-government schools (the registration standards), including standards about— (a) governance; and (b) educational courses and educational programs; and (c) safety and welfare of students; and (d) other requirements for operation. Note It is a condition of being registered that a non-government school must comply with any registration standards and make and keep records about complying with the registration standards (see s 93).

85 Registration standards guidelines (1) The registrar must make guidelines about how a registered school is to comply with the registration standards (the registration standards guidelines). (2) The registration standards guidelines must be developed in consultation with— (a) the registration standards advisory board; and (b) Catholic Education, Archdiocese of Canberra and Goulburn; and (c) the Association of Independent Schools of the ACT; and

(d) the proprietor of any registered school that is not either— (i) a Catholic system school; or (ii) a member of the Association of Independent Schools of the ACT. (3) A registration standards guideline is a notifiable instrument.

86 In-principle approval—application (1) A person may apply for in-principle approval to register a non-government school if the person is— (a) the proposed proprietor of the school; and (b) a corporation. (2) The application must be in writing and include— (a) the following information for each campus at which the person proposes to operate the school (a proposed campus): (i) the location of the campus; (ii) the day the school is to begin operating from the campus (the proposed starting day); (iii) the levels of education to be provided at the campus; (iv) the day each level of education is to start being provided at the campus; (v) whether residential boarding services are to be provided at the campus; (vi) whether the proprietor proposes to provide distance education from the campus;

In-principle approval for registration Division 4.3.2 (vii) if the proprietor proposes to provide distance education— the day distance education is to start being provided from the campus; and (b) evidence that there is, or is likely to be, demand in the community for the proposed school; and (c) any information or documents prescribed by regulation. (3) A proposed starting day must be at least 2 years, but not more than 4 years, after the day the application is made. (4) If the Minister receives an application, the registrar must give public (b) the information mentioned in subsection (2) (a); (c) how a person may make submissions about the application to the Minister, including the day, at least 60 days after notice is given, by which a submission must be made.

87 In-principle approval—further information (1) The Minister may, by written notice, require an applicant to give the Minister further information that the Minister reasonably needs to decide the application within a stated time.

88 In-principle approval—decision on application (1) The Minister may approve the application only if satisfied it is appropriate to issue the in-principle approval for registration of a non-government school, having regard to— (a) the level of interest in the proposed school, including the projected enrolments for the school; and (b) any submissions made under section 86 (4) (c).

(2) The Minister must give the applicant— (a) notice in writing of the decision; and (b) if the Minister approves the application—an in-principle approval for registration of the non-government school. (3) The in-principle approval for registration of the non-government school must include the following information for each proposed campus: (a) the location of the campus; (b) the proposed starting day for the campus; (c) the levels of education to be provided at the campus; (d) the day each level of education is to start being provided at the (e) whether residential boarding services are to be provided at the (f) whether distance education will be provided from the campus; (g) if distance education will be provided from the campus—the day distance education is to start being provided from the campus; (h) the day the in-principle approval expires. (4) If the Minister is not satisfied under subsection (1), the Minister (5) The Minister must give public notice of the decision. (6) An in-principle approval expires on the latest of the following: (a) 2 years after the day it is issued; (b) the latest proposed starting day for a campus of the school; (c) any later day stated in the in-principle approval.

Registration Division 4.3.3

89 Registration—application (1) A person may apply to the Minister to register a non-government school only if the person— (a) is a corporation; and (b) is the proposed proprietor of the non-government school; and (c) holds an in-principle approval to register the school. (a) be made at least 9 months before the proposed starting day for (c) set out any proposed change to the matters mentioned in section 86 (2) (a) for which in-principle approval was given; and (d) include the name and contact details of each key individual for the applicant; (e) include any information or documents prescribed by regulation. (3) Despite subsection (2) (a), the application may be made less than 9 months before the proposed starting day with the written approval of the Minister. (4) If the Minister receives an application, the registrar must give public (b) the information mentioned in subsection (2) (c).

90 Registration—further information (1) The Minister may, by written notice, require an applicant to give the Minister further information that the Minister reasonably needs to decide the application, within a stated time.

91 Registration—referral to registration standards advisory (1) The Minister must refer an application for registration of a non-government school to the registration standards advisory board. (a) consider the application; and (b) assess whether the proposed school would, if registered, comply with the registration standards; and (c) if the application includes a proposal to provide distance education from a campus—assess whether the proposed school has a distance education policy. (3) The board may, by written notice, require an applicant to give the board further information that the board reasonably needs to assess the application, within a stated time. (4) The board must— (a) give the Minister a report of the board’s assessment; or (b) if the board is unable to make an assessment because the applicant has not complied with a notice under subsection (3)— notify the Minister of that fact. (5) After the Minister receives the report, the registrar must give public notice of the report.

Registration Division 4.3.3

92 Registration—decision on application (1) The Minister must approve an application for registration of a non-government school if, after considering the board’s assessment given under section 91, the Minister is satisfied that the proposed school would, if registered, comply with the registration standards. (2) If the Minister is not satisfied under subsection (1), or the board is unable to make an assessment, the Minister must—

93 Registration—conditions A non-government school’s registration is subject to the following conditions (each of which is a registration condition): (a) the school must comply with any registration standards; (b) the school must make and keep records about complying with any registration standards; (c) if the school provides distance education—the school must have a distance education policy; (d) the school must have a principal; (e) any condition imposed by the Minister under section 125A (Taking regulatory action); (f) any other condition prescribed by regulation; (g) any other condition the Minister considers appropriate.

94 Registration—duration Registration of a school continues until the registration is cancelled or surrendered. Note Registration may be cancelled under s 125A.

95 Registration—register and registration certificate (1) If the Minister approves an application to register a non-government school, the registrar must— (a) enter the school in the register of non-government schools; and Note The registrar must record the information set out in s 106 (2). (b) give the proprietor of the school a registration certificate for the (2) A registration certificate for a school must include— (a) the name of the school; and (b) the proprietor of the school, including their ACN or ABN; and (c) for each campus at which the school is registered to operate (a registered campus)— (i) the location of the campus; and (ii) the levels of education to be provided at the campus; and (iii) whether residential boarding services are to be provided at the campus; and (iv) whether distance education is to be provided from the campus; and (d) the conditions on the registration; and (e) any other information prescribed by regulation. (3) The registration certificate may also include any other information the registrar considers appropriate.

96 Proprietor must tell registrar about notifiable changes (1) This section applies if the proprietor of a registered school intends to make any of the following changes to the operation of the school (a notifiable change): (a) stop operating at a registered campus; (b) stop providing a level of education at a registered campus; (c) stop providing residential boarding services at a registered (d) stop providing distance education from a registered campus; (e) restart operating at a previously registered campus within 2 years after stopping operating at the campus; (f) restart providing a level of education at a registered campus (or previously registered campus) within 2 years after stopping providing the level of education at the campus; (g) restart providing residential boarding services at a registered campus (or previously registered campus) within 2 years after stopping providing residential boarding services at the campus. (h) restart providing distance education from a registered campus within 2 years after stopping providing distance education from the campus. (2) However, this section does not apply if the change is an urgent temporary change made in response to a natural disaster or other unforeseeable emergency. Example—urgent temporary change a school building floods and the school moves an educational level to another campus while the flood damage is repaired Note For requirements about an urgent temporary change see s 103.

(3) The proprietor must give the registrar written notice of the change. (4) The notice must— (a) be given at least 6 months before the day the change to the operation of the school is proposed to begin (the proposed change day); and (c) state the proposed change day; and (d) include any information or documents prescribed by regulation. (5) The proprietor must also tell the parents of each student at the school, in writing, about the change, at least 6 months before the change happens. (6) If a proprietor tells the registrar about a notifiable change, the registrar (a) amend the register of non-government schools to reflect the notifiable change; and (b) give the proprietor of the school a revised registration certificate reflecting the notifiable change.

97 Proprietor must apply for registrable changes (1) This section applies if the proprietor of a registered school intends to make any of the following changes (a registrable change): (a) start operating the school at a new campus; (b) start providing a new level of education at a registered campus; (c) start providing residential boarding services at a registered (d) start providing distance education from a registered campus; (e) transfer the school’s registration to a new proprietor.

(2) However, this section does not apply if the change is— (a) a notifiable change to the operation of the school; or (b) an urgent temporary change made in response to a natural disaster or other unforeseeable emergency. Note For requirements about an urgent temporary change see s 103. (3) The proprietor must apply to the Minister for amendment of the school’s registration.

98 Registration amendment—application (1) An application for amendment of a school’s registration must— (a) be made at least 9 months before the day the change is proposed to begin (the proposed change day); and (c) state the proposed change day; and (d) for an amendment to operate at a new campus, state— (i) the location of the new campus; and (ii) the levels of education the proprietor proposes the school to provide at the new campus; and (iii) whether the proprietor proposes the school provide residential boarding services at the new campus; and (iv) whether the proprietor proposes to provide distance education from the new campus; and (v) if not all proposed levels of education are to be provided at the new campus on the proposed change day—the day the proprietor proposes to start providing each level of education at the new campus; and

(e) for an amendment to provide a new level of education at an already registered campus, state— (i) the new level of education to be provided; and (ii) the registered campus where the new level of education is to be provided; and (f) for an amendment to provide new residential boarding services at an already registered campus—state the registered campus where the new residential boarding services are to be provided; and (g) for an amendment to provide distance education from an already registered campus—state the registered campus from where the distance education is to be provided; and (h) for an amendment to transfer the school’s registration to a new proprietor— (i) state— (A) the name of the proposed new proprietor; and (B) the name and contact details of each key individual for the proposed new proprietor; and (ii) include evidence to show the proposed new proprietor knows about and understands the purpose of the application; and (i) include any information or documents prescribed by regulation. (2) Despite subsection (1) (a), the application may be made less than 9 months before the proposed change day with the written approval of the Minister. (3) If the Minister receives an application, the registrar must give public

(b) the information mentioned in subsection (1) (c) to (h); (c) how a person may make submissions about the application to the Minister, including the day, at least 60 days after notice is given, by which a submission must be made.

99 Registration amendment—further information (1) The Minister may, by written notice, require the applicant, or proposed new proprietor, to give the Minister further information within a stated time that the Minister reasonably needs to decide the application.