317 Expiry—ch 11
This chapter expires on 1 January 2027.
(see pt 6.1)
item
1 12A issue exemption
certificate for shorter
period than applied
for
2 12A issue exemption
certificate exempting
child from full-time
participation
requirement—
participation stated in
certificate
3 12A refuse to issue
exemption certificate
4 12C issue exemption
certificate subject to
5 13 revoke exemption
certificate
child’s parents director-general
6 14A issue approval
statement for shorter
period than applied
for
7 14A issue approval
statement approving
other than full-time
participation—
participation stated in
statement
8 14A refuse to issue
approval statement
Reviewable decisions Schedule 1
item
9 14C (4) issue approval
statement subject to
10 15A revoke approval
statement
child’s parents director-general
11 26 (3) refuse to waive fee applicant Minister
12 17H suspend student from
a government school
student or parent
of student
director-general
13 17P transfer student from
a government school
parent of student director-general
14 17ZA exclude student from
enrolling at any
government school
parent of student director-general
15 88 refuse in-principle
approval
in-principle
approval
16 92 (2) refuse to register
registration of
17 93 register
school subject to
registration of
18 101 (3) refuse to amend
school’s registration
19 102 (1) amend
school’s registration
subject to condition
20 120 give compliance
direction
registrar
item
21 125A take regulatory action proprietor of
22 131 (3) refuse to register
education
23 131 (3) register child for
home education for
less than 2 years
24 135 (1) cancel registration of
education
25 137 (3) refuse to renew
registration of child
for home education
26 137 (3) renew registration of
education for shorter
period than period
applied for
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:
• ACAT
• ACT
• administrative unit
• appoint
• Australian citizen
• child
• contravene
• corporation
• Corporations Act
• director-general (see s 163)
• exercise
• fail
• financial year
• foreign country
• function
• public notice
• reviewable decision notice
• State
• territory law.
Aboriginal or Torres Strait Islander person means a person who—
(a) is a descendant of an Aboriginal person or a Torres Strait
Islander person; and
(b) identifies as an Aboriginal person or a Torres Strait Islander
person; and
(c) is accepted as an Aboriginal person or a Torres Strait Islander
person by an Aboriginal community or Torres Strait Islander
community.
advisory committee, for chapter 4A (School education advisory
committee) means an advisory committee established under
section 126.
appointed member—
which section 43 (Composition of school boards of school-
related institutions and other schools in special circumstances)
applies—see section 42 (Composition of school boards of small
approval statement, for division 2.4.2 (Approval to participate in
training and employment alternatives)—see section 13D.
approved educational course means—
(a) an approved educational course (government); or
(b) an approved educational course (non-government).
approved educational course (government)—see section 31 (1).
approved educational course (non-government)—see
section 125D (1).
at—a student is a student at a school if the student is enrolled at the
authorised person means an authorised person (government) or
authorised person (non-government).
authorised person (government) means a person who is an
authorised person (government) under section 67.
authorised person (non-government)—see section 125L.
board appointed member—
(b) for a school board of a small school, other than a school to which
applies—see section 42 (Composition of school boards of small
Catholic system school means a non-government school for which
the trustees of the Roman Catholic Church for the Archdiocese of
Canberra and Goulburn are the proprietors.
completes year 10—see section 9B.
completes year 12—see section 9C.
compliance direction—see section 120 (2).
compliance notice, for chapter 2 (Compulsory education)—see
section 16B.
compulsory education age—see section 9.
connected, for part 4.6 (Non-government schools—authorised
contact details, for a person, includes the person’s home address,
postal address (if different from the home address), email address and
telephone number.
decision-maker—
(a) for a school, for chapter 2A (Suspension, transfer, expulsion and
exclusion of students)—see section 17C; or
(b) for part 6.1 (Notification and review of decisions)—see
section 140.
delegated principal, for a government school or Catholic system
school, for chapter 2A (Suspension, transfer, expulsion and exclusion
of students)—see section 17C.
director of Catholic education means the Director, Catholic
Education, Archdiocese of Canberra and Goulburn.
distance education—see section 127BA.
distance education policy—see section 127BC.
educational course means a course of teaching and learning directed
toward acquiring a particular area of knowledge and skills.
education course—see section 9A.
education provider—see section 9A.
employment alternative—see section 13B.
exclude, a student—
(a) for a student at a government school, for chapter 2A
(Suspension, transfer, expulsion and exclusion of students)—
see section 17C; or
(b) for a student at a Catholic system school, for chapter 2A
(Suspension, transfer, expulsion and exclusion of students)—
see section 17C.
exemption certificate, for chapter 2 (Compulsory education)—see
section 11H.
expel, a student at a school, for chapter 2A (Suspension, transfer,
expulsion and exclusion of students)—see section 17C.
full-time participation—
(a) in an education course, for division 2.2.2 (Participation
requirement)—see section 10C; and
(b) in a training or employment alternative, for part 2.4 (After
year 10—training and employment alternatives)—see
section 13C.
full-time participation requirement, for part 2.3 (Exemption
certificates)—see section 11G.
governing body, of a non-government school, means the body
responsible for the governance, conduct and management of the
government-funded preschool program means a preschool program
delivered by an entity that receives funding for the program from the
Territory, other than funding paid by the Territory under an
arrangement with the Commonwealth.
government or non-government school means a government school
or a non-government school.
government school—
(a) means a school established under section 20 (1); and
(b) except for section 20—includes a school-related institution
established under section 20 (3).
half-year, for part 3.4 (School boards of government schools)—see
section 37.
home education, in relation to a child, means education conducted by
1 or both of the child’s parents from a home base.
home education report, for chapter 5 (Home education)—see
section 127C.
independent school means a non-government school that is not a
Catholic system school.
information notice—see section 11C (1).
in-principle approval, for registration of a school, means in-principle
approval applied for under section 86.
internally reviewable decision, for part 6.1 (Notification and review
of decisions)—see section 140.
internal reviewer for part 6.1 (Notification and review of
internal review notice, for part 6.1 (Notification and review of
key individual for a corporation, means an individual who—
(a) is an officer of the corporation within the meaning of the
Corporations Act, section 9; or
(b) is responsible for executive decisions of the corporation; or
(c) is concerned with, or takes part in, the management of the
corporation; or
(d) manages or supervises the provision of school education for the
corporation under an arrangement with the corporation.
levels of education, provided by a school, means the year levels of
education provided by the school.
Examples—year levels
kindergarten, year 6
money, for part 3.4 (School boards of government schools)—see
section 37.
new registration, for chapter 5 (Home education)—see section 127C.
non-government school means a school that is not a government
notice of regulatory action—see section 125A (3).
notifiable change—see section 96 (1).
occupier, of premises, for part 4.6 (Non-government schools—
authorised people)—see section 125K.
offence, for part 4.6 (Non-government schools—authorised
parent—see section 6.
parents and citizens association, for part 3.4 (School boards of
government schools)—see section 37.
parents and citizens member—
which section 43 applies—see section 42 (Composition of
school boards of small schools).
participates, in an education course, for division 2.2.2 (Participation
requirement)—see section 10B.
permanent resident—see the Australian Citizenship Act 2007
(Cwlth), section 5.
premises, for part 4.6 (Non-government schools—authorised
preschool program means a preschool program under the Education
and Care Services National Law (ACT), section 5 (1).
prescribed period, for part 3.4 (School boards of government
schools)—see section 37.
principal, of a non-government school, means—
(a) a person appointed to the position (including a person appointed
to act in the position) of principal of the school; or
(b) if no one is appointed to the position or the school has no
position by that name—the person responsible for the school’s
day-to-day management.
priority enrolment area, for a government school—see
section 21A (1).
proposed campus—see section 86 (2) (a).
proposed change day—
(a) for a notifiable change—see section 96 (4) (a); and
(b) for a registrable change—see section 98 (1) (a).
proposed starting day—see section 86 (2) (a) (ii).
proprietor, of a non-government school, means the entity that owns
the school.
registered campus, of a registered school—see section 95 (2) (c).
registered non-government school means a non-government school
registered under part 4.3 (Non-government schools—registration).
registered school means a non-government school registered under
part 4.3 (Non-government schools—registration).
register of enrolments and attendances means—
(a) for a government school—the register kept under section 32 for
(b) for an approved educational course (government)—the register
kept under section 32 for the course; and
(c) for a registered non-government school—see section 125E; and
(d) for an approved educational course (non-government)—see
section 125E.
register of non-government schools means the register kept by the
registrar under section 106.
registrable change—see section 97 (1).
registrar—see section 73.
registration condition—see section 93.
registration review, of a registered school, for chapter 4
(Non-government schools)—see section 108.
registration review guidelines—see section 117.
registration standards—see section 84.
registration standards advisory board means the Registration
Standards Advisory Board established under section 75.
regulated activity—see the Working with Vulnerable People
(Background Checking) Act 2011, section 8.
Examples—regulated activities
• child education services
• child accommodation services
• counselling and support services for children
• commercial services for children
regulatory action, against the proprietor of a registered school, for
chapter 4 (Non-government schools)—see section 121.
reviewable decision, for part 6.1 (Notification and review of
school means an institution providing 1 or more levels of education
from kindergarten to year 12.
Note 1 A school may also deliver a preschool program (see Education and Care
Services National Law (ACT), s 5 (1), def education and care service).
Note 2 The Education and Care Services National Law (ACT) Act 2011 s 6
if it were an ACT law called the Education and Care National Law
(ACT).
school board, of a government school, means the school board of the
school established under section 38.
school day, for a school, means a day that is not—
(a) a Saturday or Sunday; or
(b) a public holiday in the ACT; or
(c) a day designated as a school holiday for the school; or
(d) any other day on which the school is not operating as a school.
Example—day on which a school is not operating as a school
pupil-free day
school-related institution—see section 20 (3).
show cause notice—see section 124.
small school, for part 3.4 (School boards of government schools)—
see section 37.
staff, of a school, means the principal and teachers of, and other
people employed at, the school.
staff member—
which section 43 applies—see section 42 (Composition of
school boards of small schools).
student means a person enrolled at an education provider for the
purpose of the provider’s education course.
student movement register—see section 10AA.
suspend, a student at a school, for chapter 2A (Suspension, transfer,
expulsion and exclusion of students)—see section 17C.
suspension notice—see section 17I.
training alternative—see section 13A.
training alternative provider—see section 13A.
transfer, a student at a government school, for chapter 2A
(Suspension, transfer, expulsion and exclusion of students)—see
section 17C.
transferring school—see section 17P.
unsafe or noncompliant, behaviour for chapter 2A (Suspension,
transfer, expulsion and exclusion of students)—see section 17B.
young person, for part 6.1A (Information sharing)—see
section 145B.
1 About the endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.