Part 1 Preliminary

1 Short title

This Act may be cited as the Education Act 2016 .

2 Commencement

(1)  [Section 2 Subsection (1) substituted by No. 37 of 2017, s. 6, Applied:30 Aug 2017] Section 8 commences on the day on which Part 3 of the Education Amendment Act 2017 commences or is taken to have commenced.

(2)  The remaining provisions of this Act commence on 10 July 2017.

(3)  [Section 2 Subsection (3) omitted by No. 37 of 2017, s. 6, Applied:30 Aug 2017] .  .  .  .  .  .  .  .  

(4)  [Section 2 Subsection (4) omitted by No. 37 of 2017, s. 6, Applied:30 Aug 2017] .  .  .  .  .  .  .  .  

(5)  [Section 2 Subsection (5) omitted by No. 37 of 2017, s. 6, Applied:30 Aug 2017] .  .  .  .  .  .  .  .  

(6)  [Section 2 Subsection (6) omitted by No. 37 of 2017, s. 6, Applied:30 Aug 2017] .  .  .  .  .  .  .  .  

(7)  [Section 2 Subsection (7) omitted by No. 37 of 2017, s. 6, Applied:30 Aug 2017] .  .  .  .  .  .  .  .  

(8)  [Section 2 Subsection (8) omitted by No. 37 of 2017, s. 6, Applied:30 Aug 2017] .  .  .  .  .  .  .  .  

(9)  [Section 2 Subsection (9) omitted by No. 37 of 2017, s. 6, Applied:30 Aug 2017] .  .  .  .  .  .  .  .

3 Objects of Act

The objects of this Act are –

(a) to make available to each Tasmanian child a high-quality education that –

(i) helps maximise the child's educational potential; and

(ii) provides the foundation to enable the child, throughout childhood and as an adult, to lead a fulfilling life and to contribute to the Tasmanian community; and

(b) to provide for 13 years of compulsory education and training; and

(c) to provide for access to pre-compulsory education; and

(d) to provide for the operation, governance and monitoring of State schools; and

(e) to provide for the operation, governance and monitoring of non-government schools; and

(f) to provide for the registration and monitoring of home education.

4 Principles which are basis of Act

(1)  The principles on which this Act is based are the following principles:

(a) the right of every child to receive an education until the child completes Year 12, the year of home education equivalent to Year 12 or an approved learning program;

(b) the right of every child, during the years of education from kindergarten to the year commonly known as Year 2, to be supported by developmentally appropriate learning frameworks that recognise the child as an active learner and support the delivery of an enquiry-based curriculum;

(c) that the State recognises the role and importance of a child's parents in the education of their child;

(d) that the State recognises that a child's parents are the first and most important educators of the child;

(e) that the State recognises –

(i) that parents have a responsibility to ensure that their child receives an education; and

(ii) that the State has a responsibility to support parents in ensuring that they meet their responsibilities under this Act;

(f) the importance of a child having the opportunity, and being encouraged, to be actively involved in decisions affecting the child's participation in education, having regard to the age and understanding of the child;

(g) [Section 4 Subsection (1) amended by No. 9 of 2022, s. 4, Applied:01 Jul 2023] the importance of the State, education regulators, parents, teachers, schools, other educational institutions (including TasTAFE and the University of Tasmania) and the wider community working collaboratively to engender a commitment in all sectors in Tasmania to achieving the best educational outcomes for children;

(h) the importance of the provision by the State of universal access to education through the maintenance of a government education system;

(i) the importance of providing the foundation for lifelong learning;

(j) [Section 4 Subsection (1) amended by No. 9 of 2022, s. 4, Applied:01 Jul 2023] that the provision of education at a school recognises the individual needs of children with disabilities and, to that end, persons involved in the administration of this Act and the provision of education at a school will make appropriate, reasonable provision for those needs;

(k) [Section 4 Subsection (1) amended by No. 9 of 2022, s. 4, Applied:01 Jul 2023] that all students are entitled to education of a quality that is capable of enabling them to reach their potential and so maximise their achievements and contribution to the community.

(1A)  [Section 4 Subsection (1A) inserted by No. 9 of 2022, s. 4, Applied:01 Jul 2023] A person performing a function, action or duty, or exercising a power, under this Act, is to have regard to the principles set out in subsection (1) .

(2)  [Section 4 Subsection (2) amended by No. 9 of 2022, s. 4, Applied:01 Jul 2023] For the purposes of subsection (1)(b) , a learning framework is a framework that describes the principles and practices to support and enhance learning and the outcomes to be achieved from that learning as approved from time to time by the Ministerial Council responsible for early childhood education and care in accordance with the Education and Care Services National Law (Tasmania).

5 Interpretation

In this Act, unless the contrary intention appears –

administrative authority, in relation to a school, means –

(a) in relation to a State school, the Secretary; or

(b) in relation to a registered individual school, the governing body of the school; or

(c) in relation to a registered system school, the approved authority for the system of non-government schools of which the school is a member;

apprentice has the same meaning as in the Training and Workforce Development Act 2013 ;

approved authority means the approved authority for a system of non-government schools, within the meaning of section 146(1) ;

approved home education program means a proposed home education program that has been approved under section 69 , as amended from time to time;

approved learning program means a learning program that is approved under section 29 or 84 , as amended from time to time;

Australian Qualifications Framework means the national policy of that name for accredited qualifications in Australian education and training (including addenda to that policy added from time to time) that –

(a) defines qualifications recognised nationally in education and training undertaken within Australia; and

(b) is published by the Commonwealth government department having responsibilities in relation to education and training; and

(c) took effect on 1 July 2011 –

as amended or substituted from time to time;

certificate of registration, in relation to a registered system of non-government schools or a registered individual school, means the certificate of registration issued under section 153 or 177 ;

child means a person who has not attained the age of 18 years;

compulsory conciliation conference means a conference referred to in section 41(b) ;

Compulsory Schooling Order has the meaning given by section 52 ;

conciliator includes mediator;

corporal punishment means physical punishment by means of a cane, stick, strap, belt or hand or by any other means;

disability, in relation to a person, means a disability which –

(a) is attributable to an intellectual, cognitive, neurological, psychiatric, sensory or physical impairment or a combination of those impairments; and

(b) is permanent or likely to be permanent; and

(c) results in –

(i) a substantially reduced capacity of the person for communication, learning or mobility; and

(ii) the need for continuing support services; and

(d) may or may not be of a chronic episodic nature;

distance education means education provided to a school-aged child that is –

(a) characterised by the separation of the teacher and child in time or place; and

(b) provided by using a variety of methods of delivery;

[Section 5 Amended by No. 9 of 2022, s. 5, Applied:01 Jul 2023] education regulator means –

(a) the Registrar; or

(b) the Registration Board; or

(c) the Tasmanian Assessment, Standards and Certification Board established by section 7(1) of the Tasmanian Assessment, Standards and Certification Act 2003 ; or

(d) the Teachers Registration Board of Tasmania continued by section 5(1) of the Teachers Registration Act 2000 .

eligible capital expenditure means expenditure incurred for the educational or residential purposes of school students relating to –

(a) the acquisition of land; and

(b) the erection, alteration and extension of buildings; and

(c) the installation of essential services;

eligible loan means a loan that is –

(a) taken out wholly or partly for the purpose of eligible capital expenditure; and

(b) repayable within a period of 20 years; and

(c) repayable by principal and interest;

full-time employment has the same meaning as in the Australian Bureau of Statistics Labour Force Survey;

governing body means –

(a) in relation to a registered school, the person or organisation that owns, manages or operates the registered school; or

(b) in relation to a proposed new non-government school, the person or body that proposes to establish the new non-government school; or

(c) in relation to a State school, the Secretary;

home education means the education of a school-aged child or youth by a home educator in accordance with an approved home education program;

home education assessment means an assessment carried out by a registration officer for a purpose specified in section 86 ;

home educator means a parent named in an approved home education program as a parent who provides home education to his or her child under that program;

hostel means a facility for the residential accommodation of school students;

individual education program means a program authorised and supervised by a principal of a school that meets the individual educational needs of a child enrolled at that school;

individual non-government school means a non-government school which is not a member of a system of non-government schools;

intake area, in relation to a State school, means the area determined –

(a) by the Minister under section 97 or 98 to be the intake area for that school; or

(b) once the Secretary determines the intake area for the school under section 99(1) , that intake area;

kindergarten means the year of education that –

(a) immediately precedes the first year of compulsory education; and

(b) is offered to children by a school;

learning program means –

(a) education at a school; or

(b) education through an individual education program; or

(c) vocational education and training, within the meaning of the Training and Workforce Development Act 2013 ; or

(d) an apprenticeship or traineeship under a training contract approved under section 32 of the Training and Workforce Development Act 2013 ; or

(e) education at a university; or

(f) a combination of any approved learning programs referred to in paragraph (a) , (b) , (c) , (d) and (e) ;

Ministerial instructions means instructions issued by the Minister under section 6 ;

new individual non-government school means a non-government school that, immediately before an application for registration of the school is made under Division 3 of Part 6 , was not registered –

(a) as a member of a system of non-government schools under Division 2 of Part 6 ; or

(b) as an individual non-government school under Division 3 of Part 6  –

whether or not the school had previously been so registered;

non-government school means a school, other than a State school, that provides educational instruction at any level up to and including the final year of secondary education;

[Section 5 Amended by No. 37 of 2017, s. 7, Applied:30 Aug 2017]

[Section 5 Amended by No. 37 of 2017, s. 7, Applied:30 Aug 2017] overseas student means a person who holds a visa under the Migration Act 1958 of the Commonwealth under which the person, whether expressly or otherwise, may study in Tasmania;

parent includes –

(a) a legal guardian of a child; and

(b) another person who has the care, control or custody of a child; and

(c) another person who generally acts in the place of a parent of a child and has done so for a significant length of time;

primary education means education at a school from the first year of compulsory education following kindergarten to the school year commonly known as Year 6 (inclusive);

principal means the individual in charge of the day-to-day operation of a school;

Principal Officer, Non-attendance means the person appointed as the Principal Officer, Non-attendance under section 215 ;

provider, in relation to an approved learning program, means any of the following persons who, under the program, are involved in providing the whole or any part of the program:

(a) a principal of a school;

(b) TasTAFE;

(c) another registered training organisation within the meaning of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth;

(d) an employer of an apprentice or trainee;

(e) the University of Tasmania;

(f) a university or other tertiary education institution of another jurisdiction;

registered individual school means a non-government school which is registered under Division 3 of Part 6 ;

registered school means –

(a) a registered system school; or

(b) a registered individual school; or

(c) a campus of a school that is registered, managed or controlled by a school in another State or a Territory;

registered system of non-government schools means a system of non-government schools that is registered under section 150 ;

registered system school means a non-government school that is registered as a member of a registered system of non-government schools under Division 2 of Part 6 ;

Registrar means the person appointed as the Registrar, Education under section 218 ;

Registration Board means the Non-government Schools Registration Board established under section 229 ;

registration inspection means an inspection carried out in accordance with a request made by the Registration Board under section 186 ;

registration officer means a person appointed as a registration officer under section 228 ;

registration review means a review carried out in accordance with a request made by the Registration Board under section 182(1) ;

regulations means regulations made and in force under this Act;

relevant record means any record, book, document, account or other information compiled, recorded or stored by any means, including a record relating to students, which is relevant to the approval, granting, making or determination of a grant or additional grant under section 203 or 206 ;

Review Panel means the Review Panel established under section 234 ;

school means –

(a) a State school; and

(b) a centre, unit or institute of the State which provides educational instruction at any level up to, and including, the final year of secondary education; and

(c) a registered school –

but does not include TasTAFE;

school-aged child means a child, other than an overseas student, who –

(a) is required under section 11(1) to be enrolled at a school or provided with home education; or

(b) would be required under section 11(1) to be enrolled at a school or provided with home education if not exempted under Part 3 ;

school association means a school association established by the Minister under section 110 ;

school's relevant financial year means the financial year of an individual non-government school during which a grant or additional grant under section 203 or 206 was received by it;

school student means a school-aged child, youth or other person enrolled at a school;

secondary education means education at a school from the school year commonly known as Year 7 to the school year commonly known as Year 12 (inclusive);

Secretary means the Secretary of the Department;

senior secondary education means education at a school for the school years commonly known as Year 11 and Year 12;

[Section 5 Amended by No. 37 of 2017, s. 7, Applied:30 Aug 2017]

State school means a school, including a college for senior secondary education –

(a) established, or formed by the amalgamation of schools, under section 97 ; or

(b) established, or formed by the amalgamation of schools, under the Education Act 1994 or any other enactment that provided for the establishment of schools by the Crown;

student means a child, youth or person –

(a) enrolled at a school; or

(b) provided with home education; or

(c) participating in an approved learning program;

support school means a school established by the Minister for the purpose of providing specialised, and personalised, teaching and learning programs for students with disability;

system of non-government schools means a system of non-government schools formed in accordance with section 145 ;

[Section 5 Amended by No. 32 of 2021, Sched. 4, Applied:01 Jul 2022]

[Section 5 Amended by No. 32 of 2021, Sched. 4, Applied:01 Jul 2022] TasTAFE means TasTAFE as continued by the TasTAFE (Skills and Training Business) Act 2021 ;

trainee has the same meaning as in the Training and Workforce Development Act 2013 ;

[Section 5 Amended by No. 37 of 2017, s. 7, Applied:30 Aug 2017] transition statement means a statement issued to a person under section 90 or section 91 ;

transitioning non-government school means a non-government school that is referred to in section 155(6) , section 156(4) or section 163(5) ;

University of Tasmania means the university continued under that name under section 4 of the University of Tasmania Act 1992 ;

vocational education and training has the same meaning as in the Training and Workforce Development Act 2013 ;

Year 10 means the school year of secondary education commonly known as Year 10;

Year 12 means the school year of secondary education commonly known as Year 12;

Year 12 completion certificate means a certificate issued to a person under section 92 on completion of Year 12 or under section 93 on completion of the year of home education equivalent to year 12;

youth means a child, other than an overseas student, who –

(a) is required under section 24 to participate in an approved learning program or be home educated; or

(b) would be required under section 24 to participate in an approved learning program or be home educated if not exempted under Part 3 .

6 Ministerial instructions

(1)  In this section –

specified means specified in the Ministerial instructions.

(2)  [Section 6 Subsection (2) substituted by No. 9 of 2022, s. 6, Applied:01 Jul 2023] The Minister may issue instructions, in writing, in relation to the activities, functions and practices undertaken, and the guidelines, principles and procedures to be observed, by the Secretary, an education regulator, principals, schools, parents and children in relation to –

(a) enrolment at school, including the enrolment of a child who is not yet a school-aged child; and

(b) attendance at schools and approved programs; and

(c) the management of the non-attendance of a child at a school; and

(d) the approval of, and the revocation of the approval of, any person as a conciliator for the purposes of convening and facilitating compulsory conciliation conferences; and

(e) any matter concerning the registration of a home educator, the approval of a home education program or the continuing assessment of a home educator or an approved home education program; and

(f) any matter concerning the exercise of powers, or performance of functions, of education regulators under this Act, the Tasmanian Assessment, Standards and Certification Act 2003 or the Teachers Registration Act 2000 ; and

(g) any matter relating to an independent review conducted in accordance with section 221C or section 229B of this Act, section 14A of the Tasmanian Assessment, Standards and Certification Act 2003 or section 10D of the Teachers Registration Act 2000 ; and

(h) any matter concerning the registration of a system of non-government schools or a non-government school and the processes to be followed by the Registration Board in complying with this Act or any other Act; and

(i) any matter relating to the form, and timing of the provision of, statements, agreements, plans, reports and other documents required under this Act, the Tasmanian Assessment, Standards and Certification Act 2003 or the Teachers Registration Act 2000 ; and

(j) such other matters relating to the purposes and administration of this Act, the Tasmanian Assessment, Standards and Certification Act 2003 or the Teachers Registration Act 2000 , as the Minister considers appropriate.

(3)  Before issuing a Ministerial instruction in relation to a registered school, or which will affect a registered school, the Minister is to consult with whichever one or more of the following is relevant in the circumstances:

(a) the governing body of the registered school;

(b) the approved authority for the system of non-government schools of which the registered school is a member;

(c) if the registered school is a member of an association of schools that represents those schools, that association.

(4)  Ministerial instructions may be issued so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the instructions and, in particular, may be issued so as to –

(a) apply at all times, at a specified time or for a specified period; and

(b) apply to –

(i) [Section 6 Subsection (4) amended by No. 9 of 2022, s. 6, Applied:01 Jul 2023] all education regulators, schools, principals, teachers, parents, children and other persons; or

(ii) [Section 6 Subsection (4) amended by No. 9 of 2022, s. 6, Applied:01 Jul 2023] a specified class of education regulators, schools, principals, teachers, parents, children and other persons; or

(iii) [Section 6 Subsection (4) amended by No. 9 of 2022, s. 6, Applied:01 Jul 2023] a specified education regulator, school or principal.

(5)  Ministerial instructions may –

(a) [Section 6 Subsection (5) amended by No. 9 of 2022, s. 6, Applied:01 Jul 2023] provide that the Secretary, an education regulator, a principal or a member of a class of principals determine a specified matter; and

(b) [Section 6 Subsection (5) amended by No. 9 of 2022, s. 6, Applied:01 Jul 2023] exempt an education regulator, a school or a person, or a class of schools or persons, from the requirement to comply with a specified provision of the Ministerial instructions, whether on specified conditions or unconditionally and either wholly or to such extent as is specified.

(5A)  [Section 6 Subsection (5A) inserted by No. 9 of 2022, s. 6, Applied:01 Jul 2023] A Ministerial instruction issued in relation to the guidelines, principles, practices and procedures to be observed by an education regulator is not to seek to direct the education regulator in relation to a decision made under this or any other Act regarding an individual case.

(6)  The Minister, from time to time, may amend the Ministerial instructions, rescind them or rescind them and substitute new Ministerial instructions.

(7)  The Ministerial instructions are to be published in the manner that the Minister considers appropriate.

(8)  An amendment of the Ministerial instructions is taken to be incorporated with the instructions.

(9)  A Ministerial instruction that is inconsistent with this Act is invalid to the extent of the inconsistency.

(10)  The Ministerial instructions, an amendment of the Ministerial instructions and a rescission of the Ministerial instructions are not statutory rules for the purposes of the Rules Publication Act 1953 .

7 Secretary's instructions

(1)  In this section –

specified means specified in the Secretary's instructions.

(2)  [Section 7 Subsection (2) amended by No. 37 of 2017, s. 8, Applied:30 Aug 2017] The Secretary may issue instructions, in writing, in relation to matters under this Act, including, but not limited to –

(a) [Section 7 Subsection (2) amended by No. 37 of 2017, s. 8, Applied:30 Aug 2017] the entitlement of school-aged children, youths and persons whose homes are not in the intake area for a State school to enrol at that school; and

(b) the attendance at a State school of children referred to in section 8 ; and

(c) the process to be followed by State schools in managing the absences of their students not authorised by Part 3 ; and

(d) the regulation of the conduct and discipline of students, including the expulsion and suspension of students; and

(e) the transfer of students at State schools between classes and between courses; and

(f) the transfer of students between State schools; and

(g) the curriculum, teaching practice, homework, assessment and reporting procedures at State schools; and

(h) religious instruction at State schools; and

(i) the development of plans, budgets and reports for State schools; and

(j) the charging of fees, levies and charges by principals of State schools for matters incidental to the provision of education; and

(k) the management of hostels for State school students; and

(l) powers of school associations; and

(m) any other matter in relation to which this Act provides that the Secretary is to, or may, issue instructions; and

(n) any other matters that the Secretary considers appropriate or that are prescribed by the regulations.

(3)  The Secretary's instructions may be issued so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the instructions and, in particular, may be issued so as to –

(a) apply at all times, at a specified time or for a specified period; and

(b) apply to –

(i) all schools, principals, teachers, parents, children and other persons; or

(ii) a specified class of schools, principals, teachers, parents, children and other persons; or

(iii) a specified school or principal.

(4)  The Secretary's instructions may –

(a) provide that a principal or a member of a class of principals determine a specified matter; and

(b) exempt a school or a person, or a class of schools or persons, from the requirement to comply with a specified provision of the Secretary's instructions, whether on specified conditions or unconditionally and either wholly or to such extent as is specified.

(5)  The Secretary, from time to time, may amend the Secretary's instructions, rescind them or rescind them and substitute new Secretary's instructions.

(6)  The Secretary's instructions are to be published in the manner the Secretary considers appropriate.

(7)  An amendment of the Secretary's instructions is taken to be incorporated with the instructions.

(8)  A Secretary's instruction that is inconsistent with this Act is invalid to the extent of the inconsistency.

(9)  The Secretary's instructions, an amendment of the Secretary's instructions and a rescission of the Secretary's instructions are not statutory rules for the purposes of the Rules Publication Act 1953 .

Part 2 Education Before Compulsory Education

8 Kindergarten

(1)  [Section 8 Subsection (1) amended by No. 37 of 2017, s. 9, Applied:30 Aug 2017] A child who attains the age of 4 years on or before 1 January in any year is entitled to be enrolled at and attend a State school in that year for kindergarten.

(2)  [Section 8 Subsection (2) amended by No. 37 of 2017, s. 9, Applied:30 Aug 2017] If a registered school is registered under Part 6 to provide kindergarten, a child who attains the age of 4 years on or before 1 January in any year may be enrolled at and attend that school in that year for kindergarten in accordance with the policy of the school.

(3)  [Section 8 Subsection (3) omitted by No. 37 of 2017, s. 9, Applied:30 Aug 2017] .  .  .  .  .  .  .  .  

(4)  [Section 8 Subsection (4) omitted by No. 37 of 2017, s. 9, Applied:30 Aug 2017] .  .  .  .  .  .  .  .  

(5)  Section 12 applies, with any necessary modification, to the enrolment of a child at a school under this section.

9.

[Section 9 Repealed by No. 37 of 2017, s. 10, Applied:30 Aug 2017]

Part 3 Compulsory Education and Training

Division 1 Objects of Part

10 Object of Part

The object of this Part is to ensure that a child completes at least 13 years of education or training as follows (unless exempted under this Part):

(a) [Section 10 Amended by No. 37 of 2017, s. 11, Applied:30 Aug 2017] by remaining at school, or being home educated, until he or she is issued with a transition statement;

(b) by then –

(i) continuing at school until he or she is issued with a Year 12 completion certificate; or

(ii) participating in an approved learning program in another manner, or being home educated, until the child attains the age of 18 years or completes the approved learning program.

Division 2 School-aged children

Subdivision 1 Enrolment at school

11 Requirement to enrol school-aged child at school or provide home education

(1)  Unless exempted under this Division, a child who is at least 5 years of age as at 1 January in any year must be –

(a) [Section 11 Subsection (1) amended by No. 37 of 2017, s. 12, Applied:30 Aug 2017] enrolled at a school until issued with a transition statement (whether or not the child attains the age of 18 years before the commencement of, or during, Year 10); or

(b) [Section 11 Subsection (1) amended by No. 37 of 2017, s. 12, Applied:30 Aug 2017] provided with home education by a registered home educator for that year and subsequent years until the child is issued with a transition statement.

(2)  Each parent of a school-aged child must ensure, unless the child is exempted from enrolment under section 13 or the parent has a reasonable excuse, that the child is –

(a) enrolled at a school; or

(b) being provided with home education by a parent of the child who is registered as a home educator in respect of that child.

Penalty:  Fine not exceeding –

(a) 10 penalty units for a first offence; and

(b) 15 penalty units for a second or subsequent offence.

(3)  Without limiting subsection (2) , it is a reasonable excuse for a parent that the school-aged child primarily resides with another parent and the first parent believes, on reasonable grounds, that the other parent –

(a) is ensuring that the school-aged child is enrolled at a school; or

(b) is a home educator providing the school-aged child with home education.

(4)  A school-aged child may not be enrolled at more than one school unless the child –

(a) has disability; and

(b) is a member of a class of school-aged children that the Ministerial instructions allows to be enrolled at more than one school; and

(c) is enrolled in accordance with the Ministerial instructions.

12 Applying for enrolment at school

(1)  A parent is to enrol a school-aged child at a school by lodging a completed application with the school's principal.

(2)  An application for enrolment of a school-aged child is to include any information the Ministerial instructions require in relation to –

(a) the identity of the child; and

(b) the identity of the parent of the child; and

(c) the place of residence of the child; and

(d) any other matter the Minister considers relevant.

(3)  If requested by the school's principal, a parent wishing to enrol a school-aged child is to provide evidence of –

(a) the age of the child; and

(b) the family name of the child; and

(c) the parent's guardianship, the parent's parental responsibility under a parenting plan, or parenting order, under Part VII of the Family Law Act 1975 of the Commonwealth or the parent's other care and control of the child.

13 Exemption from requirement to enrol at school or be home educated

(1)  A parent of a school-aged child, or a school-aged child who is living independently from his or her parents, may apply to the Minister to exempt the child from the requirement to enrol at a school or be home educated.

(2)  An application is to be in writing and made in accordance with the Ministerial instructions.

(3)  The Minister, at his or her own discretion or on the application of a parent or a school-aged child under subsection (1) , may grant a school-aged child, or a class of school-aged children, an exemption from the requirement to be enrolled at a school or be home educated if satisfied that it is in the best interests of the child, or children, to be exempted.

(4)  The Minister may –

(a) grant the exemption subject to any condition; and

(b) impose any further condition, or vary or revoke any condition, at any time.

(5)  The Minister is to publish an exemption granted under subsection (3) to a class of school-aged children in a manner he or she considers appropriate.

(6)  An exemption remains in force –

(a) for the period referred to in it; or

(b) if the exemption is revoked before the expiration of that period, when it is revoked.

14 Certificate of exemption

(1)  A certificate of exemption is a certificate that states that the school-aged child specified in it is exempt from the requirement to be enrolled at a school or be home educated on the conditions specified in, or attached to, it.

(2)  If the Minister under section 13 exempts a particular school-aged child from the requirement to enrol at a school or be home educated, the Minister is to issue a certificate of exemption to the parent of the child, or the child, who applied for the exemption, or to both the parent and the child if the Minister considers it appropriate.

(3)  If –

(a) the Minister under section 13 exempts a class of school-aged children from the requirement to enrol at a school or be home educated; and

(b) the parent of a school-aged child of that class, or such a child, applies to the Minister for a certificate of exemption –

the Minister is to issue a certificate of exemption to that parent or child or, if the Minister considers it appropriate, to both the parent and child.

(4)  An application under subsection (3)(b) is to be in writing and made in accordance with the Ministerial instructions.

15 Revocation of exemption to enrol at school or be home educated

(1)  An exemption granted under section 13(3) to a particular school-aged child is revoked if any condition to which the exemption is subject is contravened.

(2)  An exemption granted under section 13(3) to a class of school-aged children is revoked in relation to a particular school-aged child if any condition to which the exemption is subject is contravened by the child's parent or the child.

(3)  The Minister may revoke an exemption granted under section 13 if satisfied that it is appropriate to do so.

(4)  If the Minister revokes an exemption that was granted under section 13(3) on the application of a parent or a school-aged child, the Minister is to notify, in writing, each parent and school-aged child to whom a certificate of exemption was issued under section 14 of that revocation.

(5)  If the Minister revokes an exemption that was granted under section 13(3) to a class of school-aged children, the Minister is to publish that revocation in a manner he or she considers appropriate.

(6)  If an exemption granted under section 13 is revoked, the parent or school-aged child to whom a certificate of exemption was issued under section 14 must return it to the Minister.

Penalty:  In the case of a contravention by a parent, a fine not exceeding 5 penalty units.

Subdivision 2 Attendance of school-aged children at school

16 Attendance at school of school-aged child

(1)  Unless exempted or excused under this Division, a parent of a school-aged child must ensure that the child –

(a) attends school each school day; or

(b) receives home education; or

(c) participates in an individual education program.

Penalty:  Fine not exceeding 15 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.

(2)  If a court finds a parent guilty of an offence under subsection (1) , the court, instead of or in addition to imposing a fine, may make a community service order within the meaning of the Sentencing Act 1997 .

(3)  A school-aged child is to attend a school during the whole of a school day unless the child –

(a) is being provided with home education; or

(b) is participating in an individual education program; or

(c) is exempted or excused from attendance under this Division.

(4)  A principal must ensure that a register is kept recording the daily attendance or absence of each school-aged child.

(5)  For the purposes of this section, a school-aged child may attend a school by using a form of electronic communication, within the meaning of the Electronic Transactions Act 2000 , if –

(a) the principal of a school has approved attendance at the school by that form of electronic communication; and

(b) the principal has approved the attendance of the child at the school by using that form of electronic communication.

17 Part-time attendance of school-aged child

(1)  A parent of a school-aged child, or a school-aged child who is living independently from his or her parents, may apply, in writing, to the Minister to permit the child to attend a school part-time.

(2)  An application is to be in writing and made in accordance with the Ministerial instructions.

(3)  The Minister, at his or her own initiative or on the application of a parent or school-aged child, may permit part-time attendance at a school if satisfied that it is in the best interests of the school-aged child to attend part-time.

(4)  The Minister may –

(a) permit part-time attendance at a school subject to any condition; and

(b) impose any further condition or vary or revoke any condition at any time.

18 Exemption from attendance of school-aged child without application

(1)  A school-aged child is exempted from the requirement to attend a school if –

(a) the child is suspended or temporarily excluded from that school; or

(b) the child has been expelled from that school; or

(c) the child has been, or is a member of a class of school-aged children that has been, exempted under section 13 from the requirement to be enrolled at a school or be home educated; or

(d) the child attends a school which is not, but which the child's parent reasonably believes to be, a school within the meaning of this Act.

(2)  An exemption under this section ceases to have effect on the day on which the event on which the exemption is based ceases to apply.

(3)  A school-aged child who is enrolled at a school is not exempted from the requirement to attend the school by reason only of disability.

19 School-aged child excused from daily attendance at school

(1)  A school-aged child is excused from attendance at a school if –

(a) the child –

(i) is sick; or

(ii) has a temporary physical or mental incapacity; and

(b) that sickness or physical or mental incapacity is such that it prevents the child from attending; and

(c) [Section 19 Subsection (1) amended by No. 37 of 2017, s. 13, Applied:30 Aug 2017] a parent of the child, or the child if he or she is living independently from his or her parents, has notified the school's principal as soon as reasonably practicable on or after the day on which the child is absent, but not later than 5 days after that day.

(2)  If a school-aged child has failed to attend at a school because of sickness or incapacity for a total of 5 days in any school year, the parent of the child, or the child if he or she is living independently from his or her parents, is to provide a certificate from a medical practitioner in relation to any further failure to attend because of sickness or incapacity if requested to do so by the school's principal.

(3)  For the purposes of subsections (1) and (2) , if a school-aged child has a medical or other condition that results in the child being susceptible to having a physical, emotional or mental reaction to an incident, situation or exposure to disease which is stronger than the reaction of school-aged children who do not have the condition –

(a) the child, by reason of that condition alone, is taken not to be sick or incapacitated; but

(b) on the day on which the child is absent from school, is taken to be sick or incapacitated if he or she is experiencing or recovering from such a reaction.

(4)  A principal of a school may require a school-aged child not to attend a school during any day on which the child has an infestation or is suffering from any disease which, on advice from the Director of Public Health, the Secretary considers may be infectious, contagious or harmful to the health of other persons at the school.

(5)  A school-aged child is excused from attendance at a school –

(a) if the child is required under subsection (4) not to attend a school; or

(b) in any circumstances specified in the Ministerial instructions.

Subdivision 3 Withdrawal from, or cancellation of, enrolment of school-aged child

20 Withdrawal from, or cancellation of, enrolment of school-aged child

(1)  If a school-aged child is enrolled at a school and is to be withdrawn from that school, the parent of the child must notify the principal of the school, in writing, of that withdrawal and –

(a) of the proposed school at which the child is to be enrolled; or

(b) that the child is to be home educated; or

(c) of any other proposed education of the child; or

(d) that the child is exempted or excused under this Part from the requirement to be enrolled at a school or be provided with home education.

(2)  If the principal of a school receives notice that a school-aged child is withdrawn from the school and is to be home educated, the principal of the school is to provide a copy of the notice to the Registrar.

(3)  If the enrolment of a school-aged child at a registered school is cancelled, the administrative authority must notify the Secretary of the cancellation within 7 days.

(4)  If the principal of a school (the old principal) is notified that a school-aged child is withdrawing from enrolment at that school and is to be enrolled at another school, the old principal is to notify the principal of the other school (the new principal), in writing, of the intention of the parent of the child to enrol him or her at the other school.

(5)  If a new principal receives notice from the old principal that a school-aged child is to be enrolled at his or her school –

(a) the new principal is to request the provision of information relating to the child, including personal and educational information, from the old principal; and

(b) the old principal is to provide that information to the new principal.

(6)  If a new principal receives notice that a school-aged child is to be enrolled at his or her school but the parent of the child fails to enrol the child –

(a) the new principal is to inform the Secretary of the responsible Department in relation to the Children, Young Persons and Their Families Act 1997 or a Community-Based Intake Service, within the meaning of that Act, of that failure to enrol; and

(b) the information provided under paragraph (a) is to be taken, for the purposes of section 14 of the Children, Young Persons and Their Families Act 1997 , to be information of a suspicion that the child is being abused or neglected.

Subdivision 4 Providing learning programs or notices of home education during last year as school-aged child

21 Object of Subdivision

The objects of this Subdivision are to ensure that –

(a) before the requirement for a school-aged child to be enrolled at a school ends and the child becomes a youth, an approved learning program is put in place in preparation for the participation of the youth, in accordance with the requirement under section 24 , in an approved learning program during the following year; and

(b) the school-aged child receives the support of the school at which he or she is enrolled in preparing a learning program for approval as his or her approved learning program.

22 Providing learning program or notifying of home education

(1)  [Section 22 Subsection (1) amended by No. 37 of 2017, s. 14, Applied:30 Aug 2017] During the school year in which a school-aged child is attending Year 10 at a school, the parent of the child, and that child, must ensure that a notice, of a proposed learning program for the child to participate in following the issue to the child of a transition statement, is provided to the principal of the school in accordance with this section unless –

(a) the child is to be home educated following the issue of that certificate; or

(b) the child attains the age of 18 years during the calendar year that encompasses Year 10.

Penalty:  In the case of a contravention by a parent, a fine not exceeding 10 penalty units.

(2)  A notice under subsection (1) is to –

(a) be in a form approved by the Minister; and

(b) include the proposed learning program; and

(c) be provided to the principal of the child's school no later than the end of the school year for that school.

(3)  [Section 22 Subsection (3) amended by No. 37 of 2017, s. 14, Applied:30 Aug 2017] During the school year in which a school-aged child is attending Year 10 at a school, the parent of the child, and the child, must ensure that a notice, stating that the child is to be home educated following the issue to the child of a transition statement, is provided, in accordance with this section, to the principal of the child's school unless –

(a) the child is to participate in an approved learning program following the issue of that certificate; or

(b) the child attains the age of 18 years during the calendar year that encompasses Year 10.

Penalty:  In the case of a contravention by a parent, a fine not exceeding 10 penalty units.

(4)  A notice under subsection (3) is to –

(a) be in a form approved by the Minister; and

(b) include evidence, as required by the Ministerial instructions, that the parent of the child is a home educator or has applied to be registered as a home educator; and

(c) be provided to the principal of the child's school no later than the end of the school year for that school.

(5)  Either before, or as soon as reasonably practicable after, the end of Year 10, the principal is to provide –

(a) a notice received by him or her under subsection (1) or (3) to the Secretary; and

(b) if the child is a child referred to in section 29(2) , a copy of the proposed learning program accompanying a notice received by him or her under subsection (1) to each provider under the program; and

(c) a copy of the notice received by him or her under subsection (3) to the Registrar.

(6)  [Section 22 Subsection (6) amended by No. 37 of 2017, s. 14, Applied:30 Aug 2017] This section does not apply to a child who is enrolled at a school, for part-time attendance, as part of his or her approved home education program and is to continue to be home educated following the issue to the child of a transition statement.

Division 3 Youths

23 What is participation in an approved learning program?

A youth is participating in an approved learning program if he or she, subject to this Act, is being provided with education or training by each provider in accordance with the program.

24 Participation in approved learning program or home education

(1)  [Section 24 Subsection (1) amended by No. 37 of 2017, s. 15, Applied:30 Aug 2017] Unless exempted under this Division, a child who has been issued with a transition statement must –

(a) participate full-time in an approved learning program until the first of the following occurs:

(i) he or she obtains a Year 12 completion certificate;

(ii) he or she obtains a Certificate III qualification, within the meaning of the Australian Qualifications Framework;

(iii) he or she attains the age of 18 years; or

(b) be home educated until he or she attains the age of 18 years.

(2)  Each parent of a youth must ensure that the youth is participating full-time in an approved learning program or is being home educated unless a youth is exempted from participation under section 26 or the parent has a reasonable excuse.

Penalty:  Fine not exceeding –

(a) 10 penalty units for a first offence; and

(b) 15 penalty units for a second or subsequent offence.

(3)  Without limiting subsection (2) , it is a reasonable excuse for a parent that –

(a) the youth primarily resides with another parent and the first parent believes, on reasonable grounds, that the other parent is ensuring that the youth participates full-time in an approved learning program or is being home educated; or

(b) in all the circumstances, the parent is not reasonably able to ensure that the youth participates full-time in an approved learning program or is home educated.

(4)  If a court finds a parent guilty of an offence under subsection (2) , the court, instead of or in addition to imposing a fine, may impose a community service order within the meaning of the Sentencing Act 1997 .

25 Proposed learning program for child coming from outside jurisdiction

(1)  In this section –

prescribed child means a child who –

(a) has migrated to Tasmania from another jurisdiction, whether a jurisdiction in Australia or elsewhere; and

(b) has completed in that other jurisdiction the equivalent of Year 10.

(2)  However, a child is not a prescribed child if the Secretary determines that the child has not completed the equivalent of Year 10 in another jurisdiction.

(3)  [Section 25 Subsection (3) amended by No. 37 of 2017, s. 16, Applied:30 Aug 2017] A prescribed child is taken to have been issued with a transition statement.

(4)  Before a prescribed child moves to Tasmania or as soon as reasonably practicable after the child has moved to Tasmania, the child's parent, and the child, must ensure that notice of a proposed learning program for the child to participate in is provided to the Secretary in accordance with this section unless the child is to be home educated.

Penalty:  In the case of a contravention by a parent, a fine not exceeding 10 penalty units.

(5)  A notice under subsection (4) is to –

(a) be in a form approved by the Minister; and

(b) include the proposed learning program.

(6)  Before a prescribed child moves to Tasmania or as soon as reasonably practicable after the child has moved to Tasmania, the child's parent, and the child, must ensure that a notice stating that the child is to be home educated is provided to the Secretary in accordance with this section unless the child is to participate in an approved learning program.

Penalty:  In the case of a contravention by a parent, a fine not exceeding 10 penalty units.

(7)  A notice under subsection (6) is to –

(a) be in a form approved by the Minister; and

(b) include evidence, as required by the Ministerial instructions, that the parent of the child is a home educator or has applied to be registered as a home educator.

26 Exemption from participation in approved learning program

(1)  A parent of a youth, or a youth who is living independently from his or her parents, may apply to the Minister to exempt the youth from the requirement to participate in an approved learning program or be home educated.

(2)  An application is to be in writing and made in accordance with the Ministerial instructions.

(3)  If the Minister is satisfied by evidence provided with an application under subsection (1) that the youth is in full-time employment, the Minister is to grant the exemption.

(4)  The Minister, on an application under subsection (1) that does not relate to the youth being in full-time employment, may grant a youth an exemption from the requirement to participate in an approved learning program or be home educated if satisfied that it is in the best interests of the youth to be exempted.

(5)  The Minister, at his or her own discretion, may grant a class of youths an exemption from the requirement to participate in an approved learning program or be home educated if satisfied that it is in the best interests of the youths to be exempted.

(6)  The Minister may –

(a) grant an exemption under subsection (3) , (4) or (5) subject to any condition; and

(b) impose any further condition, or vary or revoke any condition, at any time.

(7)  The Minister is to publish an exemption granted under subsection (5) to a class of youths in a manner he or she considers appropriate.

(8)  An exemption remains in force –

(a) for the period referred to in it; or

(b) if the exemption is revoked before the expiration of that period, when it is revoked.

27 Certificate of exemption

(1)  A certificate of exemption is a certificate that states that the youth specified in it is exempt from the requirement to participate in an approved learning program or be home educated on the conditions specified in, or attached to, it.

(2)  If the Minister under section 26 exempts a particular youth from the requirement to participate in an approved learning program or be home educated, the Minister is to issue a certificate of exemption to the parent of the youth, or the youth, who applied for the exemption or, if the Minister considers it appropriate, to both the parent and the youth.

(3)  If –

(a) the Minister under section 26 exempts a class of youths from the requirement to participate in an approved learning program or be home educated; and

(b) the parent of a youth of that class, or such a youth, applies to the Minister for a certificate of exemption –

the Minister is to issue a certificate of exemption to that parent or youth or, if the Minister considers it appropriate, to both the parent and youth.

(4)  An application under subsection (3)(b) is to be in writing and made in accordance with the Ministerial instructions.

28 Revocation of exemption from requirement to participate in approved learning program or be home educated

(1)  An exemption granted under section 26 to a particular youth is revoked if any condition to which the exemption is subject is contravened.

(2)  An exemption granted under section 26 to a class of youths is revoked in relation to a particular youth if any condition to which the exemption is subject is contravened by the youth's parent or the youth.

(3)  The Minister may revoke an exemption granted under section 26 if satisfied that it is appropriate to do so.

(4)  If the Minister revokes an exemption that was granted under section 26(3) or (4) on the application of a parent or a youth, the Minister is to notify, in writing, each parent and youth to whom a certificate of exemption was issued under section 27 of that revocation.

(5)  If the Minister revokes an exemption that was granted under section 26(5) to a class of youths, the Minister is to publish that revocation in a manner he or she considers appropriate.

(6)  If an exemption granted under section 26 is revoked, each parent and youth to whom a certificate of exemption was issued under section 27 must return it to the Minister.

Penalty:  In the case of a contravention by a parent, a fine not exceeding 5 penalty units.

29 Approval of learning program

(1)  In this section –

prescribed child has the same meaning as in section 25 .

(2)  [Section 29 Subsection (2) amended by No. 37 of 2017, s. 17, Applied:30 Aug 2017] If a school-aged child –

(a) is in Year 10 when notice of the child's proposed learning program is provided to the principal of his or her school under section 22 ; or

(b) is being home educated when notice of the child's proposed learning program is provided to the Secretary under section 85  –

and the child is issued with a transition statement, the proposed learning program set out in the notice is the approved learning plan for the child on becoming a youth.

(3)  [Section 29 Subsection (3) amended by No. 37 of 2017, s. 17, Applied:30 Aug 2017] If a school-aged child –

(a) is in Year 10 at a school when notice of the child's proposed learning program is provided to the principal of his or her school under section 22 ; or

(b) is being home educated when notice of the child's proposed learning program is provided to the Secretary under section 85  –

but the child is not issued with a transition statement, the Secretary may approve the proposed learning program, or amend it and approve the amended proposed learning program, as the approved learning program for the child on becoming a youth.

(4)  [Section 29 Subsection (4) amended by No. 37 of 2017, s. 17, Applied:30 Aug 2017] If the Secretary approves an approved learning program under subsection (3) , the child is taken for the purposes of this Act to have been issued with a transition statement.

(5)  If notice of a proposed learning program for a prescribed child is provided to the Secretary under section 25 , the Secretary may approve the proposed learning program, or amend it and approve the amended proposed learning program, as the approved learning program for the prescribed child.

(6)  Before amending a proposed learning program under this section, the Secretary is to consult the parent of the child and the child, as the Secretary considers appropriate.

(7)  A proposed learning program referred to in subsection (3) or (5) , or that program as amended under this section, becomes the approved learning program for the school-aged child or prescribed child on becoming a youth when it is approved under that subsection.

(8)  On approving a proposed learning program referred to in subsection (3) or (5) , or that program as amended under this section, the Secretary is to notify the parent of the school-aged child or prescribed child, and the child, in writing, of that approval and is to provide a copy of the approved learning program to –

(a) each provider under the program; and

(b) if the approval is of an amended proposed learning program, the parent and the child.

30 Amendment of approved learning program

(1)  If, at any time while an approved learning program has effect, the Secretary considers that the program does not meet the requirements for a learning program, the Secretary may amend it.

(2)  Before amending an approved learning program, the Secretary is to consult the youth and, as the Secretary considers practicable and appropriate in the circumstances, the youth's parent and the providers under the program.

(3)  On amending an approved learning program, the Secretary is to notify, and provide a copy of the amended approved learning program to –

(a) each provider under the program; and

(b) the parent of the youth; and

(c) the youth.

(4)  An amendment of an approved learning program takes effect on the day specified in the notice provided to providers, the parent of the youth and the youth under subsection (3) .

31 Completion of approved learning program

For the purposes of this Act, a youth completes his or her approved learning program when he or she, under section 24(1) , is no longer required to participate in an approved learning program.

32 Enrolment at school under approved learning program

(1)  If a youth's approved learning program requires the youth to attend a school, section 12 applies, with any necessary modification and adaptation, to the application to enrol the youth in a school.

(2)  A youth may not be enrolled at more than one school unless –

(a) the youth has disability; and

(b) the youth is a member of a class of youths that the Ministerial instructions allows to be enrolled at more than one school; and

(c) the youth is enrolled in accordance with the Ministerial instructions.

33 Attendance at approved learning program

(1)  A youth must attend his or her approved learning program as required by that program unless he or she is exempted or excused from attending under this Division.

(2)  A parent of a youth must ensure that the youth attends an approved learning program as required by that program unless the youth is exempted or excused from attending under this Division or the parent has a reasonable excuse.

Penalty:  Fine not exceeding –

(a) 10 penalty units for a first offence; and

(b) 15 penalty units for a second or subsequent offence.

(3)  Without limiting subsection (2) , it is a reasonable excuse for a parent that –

(a) the youth primarily resides with another parent and the first parent believes, on reasonable grounds, that the other parent is ensuring that the youth attends his or her approved learning program as required by that program; or

(b) in all the circumstances, the parent is not reasonably able to ensure that the youth so attends his or her approved learning program.

(4)  A provider of the approved learning program of a youth, other than a principal of a school, must notify the Secretary of the non-attendance of the youth at the program unless the youth is exempted or excused from attending under this Division.

Penalty:  Fine not exceeding 20 penalty units.

(5)  If a youth is enrolled at a school under his or her approved learning program and fails to attend as required by the program, Division 5 applies in relation to the youth, with any necessary modification or adaptation.

(6)  For the purposes of this section, a youth may attend an approved learning program by using a form of electronic communication, within the meaning of the Electronic Transactions Act 2000 , if –

(a) that form of electronic communication is allowed by the provider of the program; and

(b) the provider has approved the youth's attendance at the program by using that form of electronic communication.

34 Part-time attendance at approved learning program

(1)  A parent of a youth or a youth may apply to the Minister to permit the youth to attend an approved learning program part-time.

(2)  An application is to be in writing and in accordance with the Ministerial instructions.

(3)  The Minister, at his or her own initiative or on the application of a parent or a youth, may permit part-time attendance at an approved learning program if satisfied that it is in the best interests of the youth to attend part-time.

(4)  The Minister may –

(a) permit part-time attendance at an approved learning program subject to any condition; and

(b) impose any further condition or vary or revoke any condition at any time.

35 Exemption from attendance at approved learning program without application

(1)  A youth is exempted from the requirement to attend an approved learning program if –

(a) the youth is suspended or temporarily excluded from that program; or

(b) the youth has been expelled from that program; or

(c) the youth has been, or is a member of a class of youths that has been, exempted under section 26 from the requirement to participate in an approved learning program; or

(d) the youth attends, or attended, a program which the youth's parent or youth reasonably believes, or believed, to be an approved learning program.

(2)  An exemption under this section ceases to have effect on the day on which the event on which the exemption is based ceases to apply.

(3)  A youth is not exempted from the requirement to attend an approved learning program by reason only of disability.

36 Youth excused from daily attendance at approved learning program

(1)  A youth is excused from attendance at an approved learning program if –

(a) the youth –

(i) is sick; or

(ii) has a temporary physical or mental incapacity; and

(b) that sickness or physical or mental incapacity is such that it prevents the youth from attending; and

(c) a parent of the youth or, if the youth is living independently from his or her parents, the youth has notified the provider of the program of the reason for the absence –

(i) if the provider has a policy or requirements relating to the notification of absences, in accordance with the policy or requirements; or

(ii) in any other case, as soon as reasonably practicable on or after the day on which the youth is absent from the approved learning program but not later than 2 days after that day.

(2)  If a youth has failed to attend at an approved learning program because of sickness or incapacity for a total of 5 days in any calendar year, the parent of the youth, or the youth, is to provide a certificate from a medical practitioner to the provider of the program in relation to any further failure to attend because of sickness or incapacity if requested to do so by the provider.

(3)  For the purposes of subsections (1) and (2) , if a youth has a medical or other condition that results in the youth being susceptible to having a physical, emotional or mental reaction to an incident, situation or exposure to disease which is stronger than the reaction of youths who do not have the condition –

(a) the youth, by reason of that condition alone, is taken not to be sick or incapacitated; but

(b) on the day the youth is absent from an approved learning program, is taken to be sick or incapacitated if he or she is experiencing or recovering from such a reaction.

(4)  A provider of an approved learning program may require a youth not to attend that part of the program provided by that provider during any day on which the youth has an infestation or is suffering from any disease which, on advice from the Director of Public Health, the Secretary considers may be infectious, contagious or harmful to the health of other persons present at the provider's premises.

(5)  A youth is excused from attendance at a school –

(a) if the youth is required under subsection (4) not to attend his or her approved learning program or part of it; or

(b) in any circumstances specified in the Ministerial instructions.

37 Notification of change of circumstances under approved learning program

(1)  If there is any change of a provider of the approved learning program of a youth, or any other change that is contrary to the approved learning program of a youth, the parent of the youth or, if the youth is living independently from his or her parents, the youth must notify the Secretary of that change in a form approved by the Minister.

Penalty:  In the case of a contravention by a parent, a fine not exceeding 10 penalty units.

(2)  If the change referred to in subsection (1) is a withdrawal from, or cancellation of, enrolment at a registered school, the administrative authority of the school must notify the Secretary of the withdrawal or cancellation within 7 days after the withdrawal or cancellation.

(3)  If the change referred to in subsection (1) is a withdrawal of enrolment from one school and either enrolment at a different school or the commencement of home education, the parent of the youth or, if the youth is living independently from his or her parents, the youth must notify the principal of the school from which the youth is withdrawing, in writing –

(a) of that withdrawal; and

(b) either –

(i) of the school at which the youth is to be enrolled; or

(ii) that the youth is to be home educated.

(4)  If the change referred to in subsection (1) is a withdrawal of enrolment from one school and enrolling in a different school, section 20(4) , (5) and (6) applies, with any necessary modification and adaptation.

(5)  On receiving a notice under subsection (1) , the Secretary is to provide a copy of the amended approved learning program to any new provider under the amended plan or any provider affected by the amendment of the plan.

38 Use of information about approved learning program

(1)  The Secretary may use his or her knowledge of a child's approved learning program, or any information he or she has obtained through a notice of proposed learning program relating to a child provided under section 22 , 25 or 85 or another notice amending that notice, only for the purpose of ensuring that the child is participating in his or her approved learning program.

(2)  For the purpose of ensuring that a youth is participating in his or her approved learning program –

(a) the Secretary may provide his or her knowledge of the approved learning program or the information referred to in subsection (1) to a provider of the approved learning program; and

(b) a provider of the approved learning program is to provide information about the youth to the Secretary.

(3)  Despite subsection (1) , the Secretary may use his or her knowledge of a child's approved learning program, or any information he or she has obtained through a notice of proposed learning program relating to a child provided under section 22 , 25 or 85 or another notice amending that notice, for any of the following purposes if the Secretary, in doing so, does not disclose the identity of the child or his or her parent or information from which the identity of the child or his or her parent could be deduced:

(a) planning the State's educational systems and resources;

(b) reporting on the State's educational systems and resources;

(c) research relating to the State's educational systems and resources;

(d) a purpose prescribed by the regulations.

Division 4 Other matters relating to enrolment and attendance at school or approved learning program

39 Objection to participation in school activities

(1)  A parent of a school-aged child or youth attending a State school may object as a matter of conscience to that child or youth participating in an activity prescribed by the regulations.

(2)  A parent of a school-aged child or youth who objects to the child or youth participating in a particular activity must notify the principal, in writing –

(a) that the child or youth is not to participate in that particular activity; and

(b) of the reasons for the objection.

Penalty:  Fine not exceeding 5 penalty units.

Division 5 Managing unauthorised absences

40 Investigation of unauthorised absence

(1)  In this section –

authorised person means –

(a) in relation to the unauthorised absence of any school-aged child or youth from a school or approved learning program, a person authorised under subsection (2) to investigate any unauthorised absence; or

(b) in relation to the unauthorised absence of any school-aged child or youth from a particular school, a person authorised under subsection (2) or (3) to investigate any unauthorised absence.

(2)  The Secretary may authorise a person to investigate any unauthorised absence of a school-aged child or youth from a State school or an approved learning program.

(3)  The administrative authority of a school may authorise a person to investigate any unauthorised absence of a school-aged child or youth from that school.

(4)  In authorising a person under subsection (3) , the administrative authority of a school is to comply with the Ministerial instructions.

(5)  The Secretary is to issue an authorised person he or she authorises under subsection (2) , and an administrative authority is to issue an authorised person it authorises under subsection (3) , with an identity card bearing the photograph of that person.

(6)  An authorised person authorised by the Secretary under subsection (2) may investigate any unauthorised absence, or suspected unauthorised absence, of a school-aged child or youth from a State school or an approved learning program.

(7)  An authorised person authorised by the administrative authority of a school under subsection (3) may investigate any unauthorised absence, or suspected unauthorised absence, of a school-aged child or youth from the school.

(8)  An authorised person may –

(a) approach any person who appears to him or her to be under the age of 18 years and is apparently not in attendance at a school or an approved learning program; and

(b) request the person approached to provide –

(i) his or her name, age and address; and

(ii) the name and address of the school or the provider of the approved learning program normally attended by the person approached; and

(iii) the reason for being absent from school or the approved learning program.

(9)  An authorised person authorised by the Secretary under subsection (2) may accompany any person approached under subsection (8) to his or her home, or to the school or the relevant provider of the approved learning program specified by the person approached, to verify the information provided by the person approached under subsection (8)(b) .

(10)  An authorised person authorised by the administrative authority of a school under subsection (3) may accompany any person approached under subsection (8) to his or her home, or to that school, to verify the information provided by the person approached under subsection (8)(b) if the person approached stated that he or she is enrolled at that school.

(11)  Before taking any action under subsection (9) or (10) in respect of a person, an authorised person must show the person his or her identification card.

(12)  In investigating an unauthorised absence, or suspected unauthorised absence, of a school-aged child or youth under subsection (6) or (7) , an authorised person may –

(a) approach the parent of the child or youth; and

(b) require the parent to explain the reason that the child or youth is, or was, absent from school or an approved learning program.

(13)  In exercising any powers under this section, an authorised person is to comply with the Ministerial instructions.

41 Ministerial instructions relating to student absence

The Ministerial instructions may –

(a) set out the processes to be followed in managing the absences of school students not authorised by this Part; and

(b) relate to the convening of conferences as part of managing the absences of school students not authorised by this Part, including when, and the circumstances in which, such conferences may be convened; and

(c) set out the process to be followed by authorised persons under section 40 .

42 Referral of absenteeism to Registrar

(1)  If the administrative authority of a school is satisfied that all the requirements for the convening of a compulsory conciliation conference specified in the Ministerial instructions have been met in relation to the unauthorised absences of a school student, the administrative authority may refer the matter to the Registrar for the convening of a compulsory conciliation conference in respect of that student.

(2)  A referral is to be accompanied by the documents, and is to include the information, required by the Ministerial instructions.

(3)  On receipt of a referral, the Registrar is to assess the referral against the requirements for the convening of a compulsory conciliation conference specified in the Ministerial instructions and –

(a) if satisfied that all of those requirements have been met, is to accept the referral; or

(b) if not so satisfied, is to reject the referral.

(4)  For the purposes of assessing a referral, the Registrar may require the administrative authority to provide any documents or information he or she considers may be relevant.

(5)  The Registrar is to notify the administrative authority, in writing –

(a) of his or her determination to accept or reject the referral; and

(b) if he or she rejects the referral, of the reasons for that determination.

43 Process for convening compulsory conciliation conference

(1)  In this section –

Tasmanian public authority means –

(a) an Agency, within the meaning of the State Service Act 2000 , or part of such an Agency; or

(b) the University of Tasmania; or

(c) the Police Service; or

(d) a council; or

(e) a Government Business Enterprise, within the meaning of the Government Business Enterprises Act 1995 ; or

(f) a body or authority, whether incorporated or not, that is established or constituted by or under an Act or under the royal prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another such body or authority but does not include an Agency, within the meaning of the State Service Act 2000 ; or

(g) a body, whether corporate or unincorporate, that is established by or under an Act for a public purpose; or

(h) a company incorporated under the Corporations Act that is controlled by one or more councils or another company that is so controlled; or

(i) a company incorporated under the Corporations Act that is controlled by –

(i) the Crown; or

(ii) a Government Business Enterprise, within the meaning of the Government Business Enterprises Act 1995 ; or

(iii) a body or authority referred to in paragraph (f) ; or

(iv) another company incorporated under the Corporations Act that is so controlled.

(2)  On accepting a referral under section 42(3)(a) , the Registrar –

(a) is to appoint a conciliator to convene and facilitate a compulsory conciliation conference in respect of the school student; and

(b) is to fix a time and place for the compulsory conciliation conference; and

(c) is to issue a notice specifying the time and place at which the compulsory conciliation conference is to be held; and

(d) is to invite the following persons to attend the compulsory conciliation conference:

(i) the parents of the school student;

(ii) the principal of the school;

(iii) any other person who has been involved in managing the absenteeism of the school student; and

(e) may invite the following persons to attend the compulsory conciliation conference:

(i) the school student;

(ii) a teacher or another employee of the governing body of the school;

(iii) any other person the Registrar or conciliator considers may have an input, or interest, in resolving the student's absenteeism.

(3)  A school student who has not been invited to attend the compulsory conciliation conference may notify the Registrar or conciliator, either in writing or orally, that he or she wishes to attend the conference and, if he or she does so, he or she is entitled to attend the conference.

(4)  If a school student who has been invited to attend the compulsory conciliation conference notifies the Registrar or conciliator, either in writing or orally, that he or she does not wish to attend the conference, the student is entitled to make a written submission, or have another person of his or her choice make a written submission on his or her behalf, to the Registrar or conciliator.

(5)  If reasonably practicable, the time fixed for the compulsory conciliation conference must be within 3 weeks after the Registrar accepts the referral under section 42(3)(a) .

(6)  If the Registrar, at his or her own discretion or on the request of the conciliator, considers that a person is relevant to resolving the school student's absenteeism but is unlikely to attend the compulsory conciliation conference unless compelled to attend, the Registrar may require the person, by notice in writing, to attend the conference.

(7)  A parent may give the school student's sickness or incapacity as a reason for the absenteeism only if the parent provides evidence from a medical practitioner that the student was, and continues to be, unable to attend school because of a sickness or incapacity within the meaning of sections 19 and 36 .

(8)  If the Registrar, at his or her own discretion or on the request of the conciliator, considers that any of the following entities has or may have information relevant to a compulsory conciliation conference, the Registrar may require the entity to provide that information to the Registrar for use in the compulsory conciliation conference:

(a) an individual;

(b) an individual occupying a position;

(c) a Tasmanian public authority;

(d) a body of persons, corporate or unincorporate.

(9)  Before making a requirement under subsection (8) , the Registrar is to consider whether the requirement is reasonable after taking into account –

(a) the time and cost involved in complying with the requirement; and

(b) whether the requirement may require the entity, in disclosing the information, to contravene section 16(2) of the Children, Young Persons and Their Families Act 1997 ; and

(c) any other matter specified in the Ministerial instructions.

(10)  An entity specified in subsection (8) is not required to comply with a requirement made under that subsection if to do so would require –

(a) the disclosure of information that is exempt information under section 30 of the Right to Information Act 2009 ; or

(b) the disclosure of information in contravention of any law other than –

(i) the Personal Information Protection Act 2004 ; or

(ii) a law prescribed by the regulations.

44 Conduct of compulsory conciliation conference

(1)  The conciliator may conduct a compulsory conciliation conference in the absence of any person invited to attend, or required by notice under section 43(6) to attend, if the conciliator considers that it is appropriate in the circumstances to do so.

(2)  In conducting a compulsory conciliation conference, the conciliator must ensure that –

(a) all persons attending the conference understand that the purpose of the conference is to –

(i) discuss the issues concerning, and the reasons for, the student's absenteeism; and

(ii) find possible solutions for the student's absenteeism; and

(iii) make recommendations to the Registrar about those solutions and the manner of their implementation; and

(b) all persons attending the conference understand its nature and consequences; and

(c) the conference is conducted in a non-adversarial manner for the purposes of establishing the reasons for the student's absenteeism and exploring and determining solutions to the absenteeism.

(3)  In conducting a compulsory conciliation conference, the conciliator is to comply with this Act, the Ministerial instructions and the regulations.

(4)  With the permission of the conciliator, a person may attend a compulsory conciliation conference for the purpose of providing expert advice or information on matters relevant to the conference.

(5)  If the conciliator considers that a person attending the compulsory conciliation conference is deliberately attempting to disrupt the conference, the conciliator may –

(a) require that person to leave the conference; and

(b) if the person refuses to leave, take such steps as are necessary to remove the person from the conference.

(6)  If the conciliator considers it appropriate, the conciliator may adjourn a compulsory conciliation conference from time to time and from place to place.

(7)  If, at any time during the conduct of a compulsory conciliation conference, the conciliator considers that the conference will not result in any possible solution to the school student's absenteeism, the conciliator may bring the conference to an end.

45 Recommendations of compulsory conciliation conference

The recommendations of a compulsory conciliation conference may be –

(a) that the Registrar issue a requirement implementing a solution to the school student's absenteeism as specified in the recommendation; or

(b) that a Compulsory Schooling Order be made to implement a solution to the school student's absenteeism as specified in the recommendation.

46 Before concluding compulsory conciliation conference

(1)  Before a compulsory conciliation conference ends, the recommendations of the conference or, if no recommendation is made, notice of that failure to make any recommendations must be recorded in writing and signed by each of the following persons:

(a) all parents of the school student present at the conference;

(b) the school student, if present at the conference and able to sign;

(c) the principal of the relevant school;

(d) the conciliator.

(2)  The refusal of a person to sign the recommendations or notice as required under subsection (1) does not affect the recommendations or notice but a note of that refusal may be included in, or attached to, the recommendations or notice by the conciliator.

(3)  The recommendations or notice must include –

(a) the names of the persons who attended the compulsory conciliation conference; and

(b) details of the time and place at which the conference was held.

47 Procedure by conciliator after compulsory conciliation conference

As soon as reasonably practicable after concluding a compulsory conciliation conference, the conciliator is to provide the Registrar with –

(a) the recommendations of the conference or, if no recommendation is made, the notice of the failure to make any recommendations made under section 46 ; and

(b) a report on the conference that contains a summary of the matters discussed.

48 Action by Registrar on report of conciliator

(1)  As soon as reasonably practicable after receiving, under section 47 , the recommendations, or notice, and the report referred to in that section, the Registrar is to assess the report and the recommendations or notice.

(2)  In assessing the report and the recommendations or notice, the Registrar may require the conciliator to provide further information about the compulsory conciliation conference and its recommendations.

(3)  On assessing the report and the recommendations or notice, the Registrar may do any one or more of the following:

(a) issue one or more of the recommended requirements or refuse to issue any of the recommended requirements;

(b) issue one or more other requirements;

(c) refer the report and the recommendations or notice to the Principal Officer, Non-attendance together with –

(i) details of his or her assessment of the report and the recommendations or notice; and

(ii) his or her recommendations in relation to the making of a Compulsory Schooling Order.

(4)  The Registrar may issue any one or more of the following requirements:

(a) that the school principal make the reasonable adjustments specified in the requirement;

(b) that the parent of the school student make the reasonable adjustments specified in the requirement;

(c) that any of the following persons undertake programs, training or development as specified in the requirement:

(i) the parent of the school student;

(ii) the school student;

(iii) the staff of the school who are specified in the requirement;

(d) any other requirement that the Registrar considers appropriate.

(5)  Before issuing a requirement, the Registrar is to take into account –

(a) the likely costs that will be incurred by the person in taking the required action; and

(b) the ability of that person, financially, to comply with the requirement.

(6)  A requirement is to be in writing and a copy of it is to be provided to –

(a) the school student named in the requirement; and

(b) each of the school student's parents named in the requirement or who attended the compulsory conciliation conference; and

(c) the principal of the school; and

(d) any person affected by the requirement; and

(e) if the requirement requires the principal of the school to take any action, the administrative authority of the school; and

(f) if the Registrar considers it appropriate, another person who is, or has been, concerned in the management of the student's absenteeism.

49 Compliance with requirement of Registrar

A person who is required, by a requirement issued by the Registrar under section 48 , to take any action must comply with that requirement within the time specified in the requirement.

50 Report of non-compliance with Registrar's requirement

(1)  A student, the parent of a student or a principal of a school may notify, in writing, the Registrar that the principal of a school, a school student or a parent of a school student has not complied with a requirement issued by the Registrar under section 48 within the time specified in the requirement.

(2)  On receipt of a notice, the Registrar –

(a) may investigate the reported non-compliance with the requirement; and

(b) is to determine to –

(i) re-convene a compulsory conciliation conference for recommendations in relation to the matter or to the student's absenteeism; or

(ii) issue a further requirement under section 48 ; or

(iii) refer the recommendations of the original compulsory conciliation conference or, if no recommendation was made, the notice of the failure to make any recommendations made under section 46 and the report of the conciliator on that conference to the Principal Officer, Non-attendance for the making of a Compulsory Schooling Order; or

(iv) if the reported non-compliance is non-compliance by a principal, notify, in writing, the governing body of the school and, in the case of a registered school, the Registration Board of the non-compliance.

(3)  If the Registrar refers the recommendations of the original compulsory conciliation conference or, if no recommendation was made, the notice of the failure to make any recommendations made under section 46 and the report of the conciliator on that conference to the Principal Officer, Non-attendance, the referral is to be accompanied by –

(a) the notice of the non-compliance with the requirement of the Registrar received under subsection (1) ; and

(b) the results of the investigation conducted under subsection (2)(a) ; and

(c) the recommendation of the Registrar that a Compulsory Schooling Order be made and the reasons for that recommendation.

(4)  If the non-compliance of a person with the requirement of the Registrar is referred to the Principal Officer, Non-attendance, section 51(1) , (3) and (5) applies in relation to the referral, with any necessary modification and adaptation.

(5)  If the non-compliance of a person with the requirement of the Registrar is referred to the Principal Officer, Non-attendance, the Principal Officer, Non-attendance may –

(a) make a Compulsory Schooling Order; or

(b) require the Registrar to reassess the matter and proceed under subsection (2)(b)(i) or (ii) .

Subdivision 5 Actions by Principal Officer, Non-attendance on referral of student absence by Registrar

51 Assessing and determining referral of compulsory conciliation conference's recommendations, &c.

(1)  On receiving under section 48(3)(c) the referral of the recommendations of a compulsory conciliation conference or, if no recommendations were made, the notice of the failure to make any recommendations and the report of the conciliator, the Principal Officer, Non-attendance is to assess all the documents received with that referral.

(2)  In assessing the referral and accompanying documents, the Principal Officer, Non-attendance may require the Registrar or the conciliator to provide further information.

(3)  After assessing the referral and accompanying documents, the Principal Officer, Non-attendance is to –

(a) make a Compulsory Schooling Order; or

(b) require the Registrar to reassess the recommendations of the compulsory conciliation conference or, if no recommendations are made, the notice of the failure to make any recommendations and the report of the conciliator and either –

(i) proceed under section 48(3) , to make one or more requirements or refer the matter back to the Principal Officer, Non-attendance; or

(ii) re-convene the compulsory conciliation conference.

(4)  The Principal Officer, Non-attendance may make a Compulsory Schooling Order only if satisfied that the order is necessary to secure, or is an appropriate method (in the circumstances) of securing, the attendance of the school student at a school.

(5)  On making a Compulsory Schooling Order, the Principal Officer, Non-attendance is to provide a copy of it to –

(a) each of the school student's parents named in the Order; and

(b) if the school student named in the Order participated in the compulsory conciliation conference and the Principal Officer, Non-attendance considers it appropriate, the school student; and

(c) the principal of the school named in the Order; and

(d) if the Principal Officer, Non-attendance considers it appropriate, another person who is, or has been, concerned in the management of the school student's absenteeism.

(6)  On making a Compulsory Schooling Order, the Principal Officer, Non-attendance is to provide a copy of it, and a copy of every document relevant to the making of the Order in his or her possession, to the Registrar.

Subdivision 6 Compulsory Schooling Orders

52 What is a Compulsory Schooling Order?

A Compulsory Schooling Order is an order requiring that –

(a) a school student attend a school as specified in the order; and

(b) the parent of the school student specified in the order ensure that the student attends a school as specified in the order.

53 Compliance with Compulsory Schooling Order

(1)  The school student named in a Compulsory Schooling Order and his or her parent named in the Order must comply with it.

Penalty:  In relation to a contravention by a parent named in the Compulsory Schooling Order, a fine not exceeding 15 penalty units and a further fine not exceeding 2 penalty units for each day during which the offence continues.

(2)  In proceedings for an offence under subsection (1) , a document purporting to be a Compulsory Schooling Order and purporting to be signed by the Principal Officer, Non-attendance or his or her delegate is taken to be evidence, until the contrary is shown –

(a) that the document is a duly made Compulsory Schooling Order; and

(b) of the facts specified in the document; and

(c) that a copy of the document has been provided to the defendant.

(3)  If a court finds a parent guilty of an offence under subsection (1) , the court, instead of or in addition to imposing a fine, may impose a community service order within the meaning of the Sentencing Act 1997 .

54 Application for review of Compulsory Schooling Order

(1)  A parent aggrieved by the making of a Compulsory Schooling Order may apply for a review of the determination of the Principal Officer, Non-attendance to make that Order.

(2)  An application –

(a) is to be in writing; and

(b) is to be lodged with the Registrar within 14 days after the parent is provided with a copy of the Compulsory Schooling Order; and

(c) is to state the reasons why the Order should not have been made.

55 Constituting Review Panel to determine application for review of Compulsory Schooling Order

(1)  On receiving an application for a review of the determination of the Principal Officer, Non-attendance to make a Compulsory Schooling Order, the Registrar is to –

(a) provide a copy of the application to the Minister and to the Principal Officer, Non-attendance; and

(b) request the Minister to appoint a person listed on the register maintained under section 238 as the chairperson of the Review Panel for the purposes of determining the application.

(2)  On appointing the chairperson of the Review Panel, the Minister is to notify the Registrar, in writing, of that appointment.

(3)  On being notified by the Minister of the appointment of the chairperson of the Review Panel, the Registrar is to –

(a) appoint 2 of the persons listed on the register maintained under section 238 as the other members of the Review Panel; and

(b) provide the Review Panel with the application for review and the documents provided by the Principal Officer, Non-attendance to the Registrar under section 51(6) .

56 Review of Compulsory Schooling Order

(1)  In conducting a review of the determination of the Principal Officer, Non-attendance to make a Compulsory Schooling Order, the Review Panel may not hold hearings but is to conduct the review on a consideration of –

(a) the Compulsory Schooling Order; and

(b) the application for the review; and

(c) the written submissions and documents provided by the applicant in support of the application; and

(d) the documents provided by the Principal Officer, Non-attendance to the Registrar under section 51(6) ; and

(e) any further documents provided by the applicant and the Principal Officer, Non-attendance at the written request of the Review Panel.

(2)  In determining the application for review, the Review Panel is to –

(a) if the Panel considers that the making of the Compulsory Schooling Order was appropriate, confirm the Order; or

(b) if the Panel considers that the making of the Compulsory Schooling Order was not appropriate, revoke the Order.

(3)  If the Review Panel revokes the Compulsory Schooling Order, the Panel is also to do one of the following:

(a) require the Principal Officer, Non-attendance to proceed under section 51 and make another determination under that section, taking into account the comments and recommendations of the Panel;

(b) require the Registrar under section 48 to make a requirement, taking into account the comments and recommendations of the Panel;

(c) require the Registrar to reconvene the compulsory conciliation conference and provide the comments and recommendations of the Panel to the conference.

(4)  On determining the application, the Review Panel is to notify each of the following persons of its determination and the reasons for it:

(a) each person who received a copy of the Compulsory Schooling Order under section 51(5) ;

(b) the Registrar.

57 Effect of application for review of Compulsory Schooling Order

If a parent of a school student named in a Compulsory Schooling Order makes an application under section 54 for the review of the making of the Order, proceedings for an offence under section 16(1) , section 33(2) or section 53(1) may not be taken in respect of any absence of the school student from the school specified in the Order during the period commencing on the making of the Order and ending on the day on which the parent named in the Order is provided with notice of the determination by the Review Panel of the application.

Subdivision 7 Miscellaneous

58 Re-convening compulsory conciliation conference

If under this Division a compulsory conciliation conference is re-convened, this Division, other than section 42 , applies in relation to the re-convening of the conference and the conference as if it were a new compulsory conciliation conference.

59 Confidentiality by person attending compulsory conciliation conference

(1)  A conciliator may direct a person who attends a compulsory conciliation conference, other than the student, not to disclose the information, or any information of a kind, specified in the direction.

(2)  The direction is to be in writing provided to the person to whom it relates.

(3)  A person provided with a direction under this section must not disclose the information, or any information of a kind, specified in the direction except as required or allowed by this Act.

Penalty:  Fine not exceeding 50 penalty units.

60 Confidentiality by conciliator

A conciliator must not disclose any information obtained in conducting a compulsory conciliation conference to any person except as required or allowed by this Act.

Penalty:  Fine not exceeding 50 penalty units.

Division 6 Eliminating or ameliorating risks to health and safety of persons at school

61 Requiring information about child

(1)  In this section –

prescribed authority means –

(a) the principal of a school; or

(b) the administrative authority of a school; or

(c) any other person or organisation, or person or organisation that is a member of a class of persons or organisations, determined by the Ministerial instructions referred to in section 66 to be a prescribed authority.

(2)  A prescribed authority may request or require the provision of information, or a consent or authority, under this section in relation to a child for the following purposes:

(a) to assess whether the enrolment or continued enrolment of the child in a school is likely to constitute a risk, because of the behaviour of the child, to the health and safety of the child or any school student, teacher or other person at the school;

(b) to develop and maintain strategies to support the child's access to education and eliminate or ameliorate any risk of the kind specified in paragraph (a) .

(3)  A prescribed authority, in writing, may require the child's parent to provide to the prescribed authority, within the reasonable period specified in the requirement –

(a) the information (not being the child's medical information) specified in the requirement; or

(b) a consent or authority for the person or organisation specified in the consent or authority to provide the information (not being the child's medical information) specified in the consent or authority.

(4)  A prescribed authority, in writing, may require any of the following persons or organisations to provide to the prescribed authority, within the reasonable period specified in the requirement, the information specified in the requirement:

(a) the principal of a school;

(b) the administrative authority of a school;

(c) the Secretary;

(d) the Registrar;

(e) the Commissioner of Police;

(f) a non-government body or organisation, other than a hospital, that provides services to children and is wholly or partly funded by the Tasmanian government or the Commonwealth government;

(g) a non-government body or organisation, other than a hospital, that under a contract entered into with the Tasmanian government or the Commonwealth government, or an agency or instrumentality of the Tasmanian government or the Commonwealth government, performs on behalf of that government, agency or instrumentality functions in relation to children which would otherwise be performed by that government, agency or instrumentality;

(h) the Secretary of the department responsible in relation to the administration of the Public Health Act 1997 ;

(i) the Secretary of the department responsible in relation to the administration of the Criminal Code Act 1924 ;

(j) [Section 61 Subsection (4) amended by No. 32 of 2021, Sched. 4, Applied:01 Jul 2022] the TasTAFE CEO within the meaning of the TasTAFE (Skills and Training Business) Act 2021 ;

(k) a person or organisation prescribed by the regulations.

(5)  In requiring, under subsection (3) , a person or organisation to provide information, a prescribed authority may disclose to the person or organisation as much information about the child as it considers necessary to assist the person or organisation to provide the information sought by the prescribed authority.

(6)  If the child's parent has provided his or her consent or authority for another person to provide information in accordance with a requirement under subsection (3) , a prescribed authority, in writing, may request that other person to provide to the prescribed authority the information specified in the consent or authority.

(7)  Nothing in this section affects the operation of section 12(2) or (3) .

62 Obligation to provide information about child

(1)  A person or organisation has a duty to comply with a requirement made under section 61(4) .

(2)  Despite subsection (1) , a person or organisation is not required to provide information in compliance with a requirement made under section 61(4) if –

(a) that information is exempt information under section 30 of the Right to Information Act 2009 ; or

(b) providing that information would contravene any law other than –

(i) the Personal Information Protection Act 2004 ; or

(ii) a law prescribed by the regulations.

63 Requesting medical information

(1)  In this section –

prescribed authority has the same meaning as in section 61 .

(2)  A prescribed authority may request the parent of a child to provide medical information about the child, or a consent or authority authorising the prescribed authority to have access to that information, for the following purposes:

(a) to assess whether the enrolment or continued enrolment of the child in a school is likely to constitute a risk, because of the behaviour of the child, to the health and safety of the child or any student, teacher or other person at the school;

(b) to develop and maintain strategies to support the child's access to education and eliminate or ameliorate any risk of the kind specified in paragraph (a) .

(3)  A request under subsection (2)  –

(a) is to be in writing; and

(b) may request that the information specified in the request, or the consent or authority, be provided within the reasonable period specified in the request.

(4)  A prescribed authority must not use or disclose any medical information obtained from a child's parent, or by the use of the consent or authority provided by the child's parent, for any purposes other than the purposes for which it was obtained.

Penalty:  Fine not exceeding 50 penalty units.

64 Strategies to eliminate or ameliorate risks to health and safety of persons at school

(1)  [Section 64 Subsection (1) amended by No. 37 of 2017, s. 18, Applied:30 Aug 2017] The principal of a school, in accordance with the Ministerial instructions, is to develop and maintain strategies to eliminate or ameliorate the likelihood of a child who is attending, or will attend, the school posing a risk, because of the child's behaviour, to the health and safety of himself or herself or any school student, teacher or other person at the school.

(2)  In developing and maintaining strategies under subsection (1) , the principal is to consult with, if practicable and subject to the Ministerial instructions –

(a) the parent of the child; and

(b) the child if the principal considers the child mature enough to be included; and

(c) any other person, including a person in the health profession, that the principal considers may be able to aid in the development and maintenance of effective strategies.

(3)  In developing and maintaining strategies under subsection (1) , the principal is to provide the persons consulted under subsection (2) with all relevant information in his or her possession.

(4)  The principal is to ensure that each of the following persons is provided with a copy of the strategies developed and maintained under subsection (1) :

(a) if the principal considers that the child is mature enough to understand the strategies, the child;

(b) each parent of the child, if practicable;

(c) those teachers at the school that the principal considers are relevant to the implementation of the strategies or are likely to come into contact with the child;

(d) all other persons employed at the school who are likely to come into contact with the child attending the school.

(5)  The principal and each person who has received a copy of the strategies developed and maintained under subsection (1) is to comply with them, as far as reasonably practicable and to the best of his or her abilities.

65 Disclosing information obtained under this Division

(1)  In this section –

prescribed authority has the same meaning as in section 61 .

(2)  A prescribed authority that obtains information under this Division, other than information provided to a person or organisation under section 61(5) , may provide that information to –

(a) the principal of a school; and

(b) the administrative authority of a school; and

(c) the Secretary; and

(d) a person prescribed by the regulations.

(3)  Information may be provided under subsection (2) only if –

(a) it is provided for the purposes of this Act; and

(b) it is provided in accordance with any Ministerial instructions.

(4)  Despite subsection (2) , information may be provided under that subsection only if doing so would not contravene the Children, Young Persons and Their Families Act 1997 .

66 Ministerial instructions

(1)  The Minister is to make Ministerial instructions for the purposes of this Division.

(2)  The Ministerial instructions are to include –

(a) the general principles a person is to take into account when performing or exercising a function or power under this Division; and

(b) the matters that are likely to constitute –

(i) a risk to the health and safety of a child if attending a school; or

(ii) a child at a school posing a risk to the health and safety of other school students, teachers or other persons at the school; and

(c) the manner of assessing those risks; and

(d) the structure of strategies developed by a principal to eliminate or ameliorate those risks; and

(e) the circumstances in which the principal of a school is not required to consult with a parent of a child or a child in developing and maintaining strategies to eliminate or ameliorate those risks; and

(f) the kind of information that may be required under this Division in relation to a child by a prescribed authority, within the meaning of section 61 ; and

(g) the manner of keeping information obtained by a prescribed authority under this Division; and

(h) the disposal of information obtained by a prescribed authority under this Division.

(3)  The Ministerial instructions may include –

(a) the persons, or classes of persons, who are prescribed to be prescribed authorities for the purposes of paragraph (c) of the definition of prescribed authority in section 61(1) ; and

(b) the circumstances in which, or the reasons for which, a person or organisation may refuse to comply with a requirement made under section 61(4) ; and

(c) any other matter the Minister considers appropriate.

Division 7 Home education

67 Application for approval of proposed home education program

(1)  A parent who intends to home educate his or her child may apply for approval of a proposed home education program that is to be provided to the child by that parent during the period of one year specified in the application.

(2)  Each home educator who is providing a current approved home education program to a child may apply, separately, and at least 12 weeks, but not more than 15 weeks, before that current program expires, for the approval of a proposed home education program that is to be provided to the child by that home educator during the period of one year that commences immediately after the expiry of that current program.

(3)  If the Registrar considers it appropriate, the Registrar may accept an application under this section made later than the time allowed under subsection (2) .

(4)  Despite subsections (1) and (2) , if 2 or more parents or home educators of a child are to provide a single proposed home education program to the child, they may both apply for approval of the proposed program on the one application.

(5)  An application under this section –

(a) is to be in a form approved by the Minister; and

(b) is to include the proposed home education program; and

(c) if the applicant –

(i) is providing a current approved home education program to a child at the time of making the application; or

(ii) at any time in the immediately preceding period of 12 months provided an approved home education program to a child –

is to include a summary of the activities and learning undertaken in accordance with that approved learning program and the standards prescribed by the regulations for approved home education programs; and

(d) is to include any other information required by the Ministerial instructions.

(6)  A proposed home education program is to specify the name and address of the parent who is to provide the home education and, if the home education is provided by more than one parent, is to indicate which areas of the program are to be provided by which parent.

(7)  A proposed home education program –

(a) may include some education, such as mentoring, tuition, activities and excursions, by persons other than the parent who is to provide the home education but is to ensure that education is provided primarily by the parent; and

(b) may be provided on any days, and during any hours, regardless of the days and hours on or during which other children would normally be required to attend school.

(8)  A proposed home education program may include part-time attendance of the child at one school for the provision of a course for the reasons specified in the proposed program.

(9)  Part-time attendance of a child at a school may be included in the proposed home education program only if the principal of the school has provided to the applicant parent or home educator, in writing, his or her in-principle approval of the future enrolment of the child at the school for part-time attendance and that approval is included in the application under this section.

(10)  The Registrar may require the applicant parent or home educator, in writing, to provide any further information the Registrar considers necessary for the purposes of considering the application.

67A Provisional approval of proposed home education program

[Section 67A Inserted by No. 37 of 2017, s. 19, Applied:30 Aug 2017]

(1)  On receipt of an application for the approval of a proposed home education program, the Registrar may provisionally approve the proposed program if satisfied that the proposed program is likely to meet the standards prescribed by the regulations for approved home education programs.

(2)  Before provisionally approving a proposed home education program under subsection (1) , the Registrar is to –

(a) seek and consider advice from the Tasmanian Home Education Advisory Council in relation to the proposed home education program; and

(b) consider the proposed home education program and assess it against the standards prescribed by the regulations for approved home education programs.

(3)  The provisional approval of a home education program under subsection (1) may be subject to such conditions as the Registrar determines.

(4)  If the Registrar provisionally approves a proposed home education program under subsection (1) , he or she is to provide written evidence of the provisional approval, to the home educator intending to provide home education under the program, that clearly states –

(a) that the approval of the proposed program is provisional; and

(b) the name of each parent who is a home educator providing home education under the program; and

(c) the conditions of the provisional approval, if any.

(5)  The Registrar may revoke provisional approval of a proposed home education program under subsection (1) at any time by written notice to the home educator providing home education under the program.

(6)  The provisional approval of a proposed home education program under this section by the Registrar, or the refusal to provide such provisional approval –

(a) is not to be taken into account as part of the final determination of the Registrar under section 69 in respect of the proposed program; and

(b) does not, of itself, mean that the proposed program will be so approved, or approval will be so refused, under that section.

(7)  The provisional approval of a proposed home education program under this section ceases to have effect once the Registrar has given written notice under section 69 (9) in respect of the proposed program.

68 Report of registration officer

(1)  Before determining an application for approval of a proposed home education program, the Registrar is to obtain a report from a registration officer in relation to the application.

(2)  The report is to include –

(a) a summary of the visit of the registration officer to the applicant; and

(b) an assessment of the application and proposed home education program against the standards prescribed by the regulations for approved home education programs; and

(c) any other information the registration officer considers relevant; and

(d) recommendations relating to whether the application be granted, whether the proposed home education program be amended and then be granted and whether any grant of the application be subject to conditions.

(3)  On completing the report, the registration officer is to provide a copy of it to the Registrar and to the Tasmanian Home Education Advisory Council.

69 Determination of application for approval of proposed home education program

(1)  In this section –

applicant parent means a parent of a school-aged child or youth who has applied for approval of a proposed home education program.

(2)  On receipt of an application for the approval of a proposed home education program, the Registrar is to –

(a) approve the proposed program; or

(b) refuse to approve the proposed program.

(3)  Before making a determination under subsection (2) , the Registrar is to –

(a) seek and consider advice from the Tasmanian Home Education Advisory Council in relation to the proposed home education program; and

(b) consider the report of the registration officer provided under section 68 ; and

(c) consider the proposed home education program and assess it against the standards prescribed by the regulations for approved home education programs.

(4)  The Registrar may approve a proposed home education program only if satisfied that the proposed program meets the standards prescribed by the regulations for approved home education programs.

(5)  The Registrar is to refuse to approve a proposed home education program if the Registrar is not satisfied as specified in subsection (4) .

(6)  The Registrar may refuse to approve a proposed home education program if the child or youth has been absent, without authorisation under this Act, from attendance at a school or an approved learning program, or a combination of both, for more than 20 days during the period of 12 months immediately preceding the making of the application.

(7)  When considering and assessing a proposed home education program, the Registrar may request the applicant parent, in writing, to amend the proposed program for the reasons specified in the request.

(8)  If the applicant parent provides an amended proposed home education program to the Registrar before he or she makes a determination under subsection (2) , that amended proposed program is taken, for the purposes of this section, to be the proposed home education program included in the application.

(9)  On making a determination under subsection (2) , the Registrar is to notify the applicant parent, in writing, of that determination and, if the determination is a refusal to approve the proposed home education program, of the reason for that refusal.

(10)  On approving a proposed home education program, the Registrar is to enter the approval in the register maintained under section 225 .

70 Statement of status as home educator

If the Registrar approves a proposed home education program, he or she is to include in the notice of the approval provided to a parent under section 69(9) the name of each parent who is a home educator providing home education under the program.

71 Approved home education program subject to conditions

(1)  An approved home education program is subject to the conditions determined by the Registrar.

(2)  The Registrar, at any time and if he or she considers it in the best interests of the school-aged child or youth concerned, may –

(a) impose conditions or further conditions on the approved home education program; or

(b) vary the conditions to which the approved home education program is subject; or

(c) remove any, or all, of the conditions to which the approved home education program is subject.

(3)  Before imposing a condition, or varying a condition in a manner that negatively affects the home educator, the Registrar is to seek and consider the advice of the Tasmanian Home Education Advisory Council.

72 Minor amendment of home education program

(1)  In this section –

minor, in relation to an amendment of an approved home education program, means an amendment that –

(a) does not change the outcomes of the program; and

(b) does not significantly vary the pedagogy of the program; and

(c) is not of a class or kind that the Ministerial instructions specify to be a significant amendment.

(2)  A home educator may make a minor amendment of an approved home education program provided by him or her without obtaining the approval of the Registrar to the amendment.

73 Application to amend approved home education program

(1)  At any time, a home educator may apply to the Registrar for approval of a proposed amendment of an approved home education program.

(2)  An application under this section is to –

(a) be in a form approved by the Minister; and

(b) include the proposed amendment of the home education program; and

(c) contain any other information required by the Ministerial instructions.

(3)  A proposed amendment of an approved home education program may include part-time attendance of the child at one school for the provision of a course for the reasons specified in the proposed amendment.

(4)  Part-time attendance of a child at one school may be included in the proposed amendment only if –

(a) the child is not to attend the school for more than 2 full school days, or more than the equivalent of 2 full school days, in any school week; and

(b) the principal of the school to be attended has provided to the applicant home educator, in writing, his or her in-principle approval of the future enrolment of the child for part-time attendance at the school and that in-principle approval is included in the application under this section.

(5)  Despite subsection (4)(a) , enrolment for part-time attendance at one school for more than 2 full school days, or more than the equivalent of 2 full school days, in any school week may be included in the proposed home education program if the principal of the school –

(a) is satisfied that it is intended that the child will not be home educated in the following school year but will be enrolled at a school on a full-time basis; and

(b) has included a statement to that effect in the in-principle approval referred to in subsection (4)(b) .

(6)  The Registrar may require the applicant home educator, in writing, to provide any further information the Registrar considers necessary for the purposes of considering the application.

74 Determination of application to amend approved home education program

(1)  On receipt of an application for the approval of an amendment of an approved home education program, the Registrar is to –

(a) approve the proposed amendment; or

(b) refuse to approve the proposed amendment.

(2)  The Registrar may approve an amendment of an approved home education program only if satisfied that the program, if so amended, would meet the standards prescribed by the regulations for approved home education programs.

(3)  Before making a determination under subsection (1) , the Registrar is to –

(a) seek and consider advice from the Tasmanian Home Education Advisory Council in relation to the application; and

(b) consider the proposed amendment and assess it against the standards prescribed by the regulations for approved home education programs.

(4)  When considering and assessing a proposed amendment, the Registrar may request the applicant parent or home educator, in writing, to amend the proposed amendment for the reasons specified in the request.

(5)  If the applicant parent or home educator provides an amended proposed amendment to the Registrar before he or she makes a determination under subsection (1) , that amended amendment is taken, for the purposes of this section, to be the proposed amendment included in the application.

(6)  On making a determination under subsection (1) , the Registrar is to notify the applicant home educator, in writing, of that determination and, if the determination is a refusal to approve the proposed amendment, of the reason for that refusal.

(7)  On approving an amendment of an approved home education program, the Registrar is to amend the register maintained under section 225 accordingly.

75 Continuing assessment of approved home education program

(1)  At any time during the currency of an approved home education, the Registrar may carry out an assessment of the program and its provision to the school-aged child or youth to ensure that –

(a) the program continues to meet the standards prescribed by the regulations in relation to approved home education programs; and

(b) the program is being provided to a sufficient extent.

(2)  In carrying out the assessment, the Registrar is to obtain a report from a registration officer in relation to the approved home education program and its provision by the home educator.

(3)  The report is to include –

(a) an assessment of the approved home education program and its provision by the home educator against the standards prescribed by the regulations for approved home education programs; and

(b) any other information the registration officer considers relevant; and

(c) recommendations relating to –

(i) whether the approved home education program should continue; and

(ii) if the registration officer considers that the program should be amended, what those amendments should be; and

(iii) whether the approval of the program should be made subject to conditions or the conditions to which the approval is subject should be amended.

(4)  On completing the report, the registration officer is to provide a copy of it to the Registrar and to the Tasmanian Home Education Advisory Council.

(5)  In carrying out an assessment, the Registrar –

(a) in writing, may require the home educator to provide the information and documents that the Registrar considers necessary to complete the assessment; and

(b) may exercise his or her powers under this Act and the regulations.

(6)  A requirement to provide information or documents may require that the information or document be delivered –

(a) at a specified place; and

(b) to the Registrar or a registration officer; and

(c) within a specified period; and

(d) in person, by mail or in another specified manner.

(7)  In carrying out an assessment, the Registrar is to –

(a) seek and consider advice from the Tasmanian Home Education Advisory Council in relation to the assessment; and

(b) consider the report of the registration officer provided under subsection (4) ; and

(c) consider the approved home education program and the manner in which it is being provided and assess it against the standards prescribed by the regulations for approved home education programs.

(8)  In carrying out an assessment, the Registrar is to take into account any relevant Ministerial instructions in determining whether the approved home education program is being provided to a sufficient extent.

76 Amendment of approved home education program by Registrar

(1)  At any time, the Registrar may amend an approved home education program in respect of a school-aged child or youth if he or she considers it necessary because of a change in –

(a) the standards prescribed by the regulations for approved home education programs; or

(b) any other circumstances the Registrar considers relevant.

(2)  The Registrar must consult with all home educators likely to be affected by the proposed amendment before amending the approved home education program.

(3)  On amending an approved home education program, the Registrar is to provide a copy of the amendment or amended approved home education program to each home educator providing home education under the program and, if the Registrar considers it appropriate, to the school-aged child or youth.

(4)  On approving an amendment of an approved home education program, the Registrar is to amend the register maintained under section 225 accordingly.