Part 6Special purpose schools

Part 6—Special purpose schools 56—Minister may establish special purpose schools (1) The Minister may establish schools (special purpose schools) for the following purposes: (a) the provision of primary or secondary education to children and other persons detained in training centres or prisons; (b) the provision of primary or secondary education to children and other persons in hospitals or other healthcare facilities; (c) the provision of primary or secondary education to particular groups within the community; (d) the provision of education in, or relating to, particular languages; (e) any other purpose prescribed by the regulations for the purposes of this subsection. (2) A special purpose school may consist of such number of campuses or sites as the Minister thinks fit. (3) To avoid doubt, if a special purpose school consists of more than 1 campus or site, an individual campus or site will be taken not to constitute a separate school for the purposes of the Education and Early Childhood Services (Registration and Standards) Act 2011 or any other Act or law. (4) The regulations may make further provision in relation to special purpose schools for the purposes of this Act. 56A—Minister may declare existing school to be special purpose school (1) Despite any other provision of this Act, the Minister may, by notice in the Gazette, declare that, from the date specified in the notice, a specified school will be taken to be a special purpose school. (2) Before making a declaration under this section in relation to a school, the Minister must consult with the governing council of the school. (3) To avoid doubt, a declaration may be made under this section in relation to a school without the need to close the school in accordance with section 52. (4) The regulations may make further provision in relation to declarations under this section. 57—Governing council and constitution (1) For the purposes of this Act, the governing council of a special purpose school consists of— (a) if the constitution of the governing council provides for the composition of the governing council—the person or persons appointed by the Minister from time to time in accordance with the constitution; or (b) if the constitution of the governing council does not provide for the composition of the governing council—the Chief Executive. (2) A governing council of a special purpose school— (b) has, subject to this Act and its constitution, all the powers of a natural person that are capable of being exercised by a body corporate; and (3) For the purposes of this Act, the constitution of the governing council of a special purpose school will be the constitution determined from time to time by the Minister. 58—Closure of special purpose schools (1) The Minister may close a special purpose school for any reason the Minister thinks fit. (2) The Minister must, as soon as reasonably practicable after making a decision to close a special purpose school, give written notice of the decision and the reasons for it to— (a) the principal of the special purpose school; and (b) the persons responsible for students of the special purpose school. (3) However, the Minister need not comply with subsection (2) in relation to the temporary closure of a special purpose school in an emergency or for the purposes of carrying out building work. 59—Modification of operation of Act in relation to special purpose schools (1) Part 5 does not apply to a special purpose school. (2) The regulations may modify the operation of specified provisions of this Act in relation to a special purpose school and the education services provided by or at a special purpose school (including by providing that specified provisions of the Act do not apply in relation to a special purpose school). Part 7—Provision of education in schools Division 1—Enrolment Subdivision 1—Compulsory enrolment in school or approved learning program 60—Children of compulsory school age must be enrolled in school (1) Subject to this Act, a child of compulsory school age must be enrolled in a school in accordance with the requirements set out in the regulations. (2) If a child of compulsory school age is not enrolled as required by subsection (1), each person who is responsible for the child is guilty of an offence. (3) In proceedings for an offence against this section, it is a defence for the defendant to prove that they took such steps as were reasonably practicable to ensure that the child to whom the offence relates was enrolled as required by subsection (1). (4) In proceedings for an offence against this section, it is a defence for the defendant to prove that they believed on reasonable grounds that the child to whom the offence relates was, in fact, enrolled as required by subsection (1). (5) Proceedings for an offence against this section cannot be commenced against a person responsible for a child who is not enrolled as required by subsection (1) unless the Chief Executive, or a person authorised by the Chief Executive, has, in a manner and form determined by the Minister, given the person written notice— (a) outlining the person's obligations in respect of the child's enrolment; and (b) warning the person that they are not in compliance with the Act and may be prosecuted if the child is not enrolled as required by subsection (1). 61—Children of compulsory education age must be enrolled in approved learning program (1) Subject to this Act, a child of compulsory education age must be enrolled in an approved learning program, or in a combination of approved learning programs, in accordance with the requirements set out in the regulations. (2) However, subsection (1) does not apply to a child of compulsory education age who has, in accordance with any requirements set out in the regulations, achieved a qualification under an approved learning program. (3) If a child of compulsory education age is not enrolled in an approved learning program as required by subsection (1), each person who is responsible for the child is guilty of an offence. (4) In proceedings for an offence against this section, it is a defence for the defendant to prove that they took such steps as were reasonably practicable to ensure that the child to whom the offence relates was enrolled as required by subsection (1). (5) In proceedings for an offence against this section, it is a defence for the defendant to prove that they believed on reasonable grounds that the child to whom the offence relates was, in fact, enrolled as required by subsection (1). (6) Proceedings for an offence against this section cannot be commenced against a person responsible for a child who is not enrolled as required by subsection (1) unless the Chief Executive, or a person authorised by the Chief Executive, has, in a manner and form determined by the Minister, given the person written notice— (a) outlining the person's obligations in respect of the child's enrolment; and (b) warning the person that they are not in compliance with the Act and may be prosecuted if the child is not enrolled as required by subsection (1). 62—Chief Executive may direct that child be enrolled in particular school (1) The Chief Executive may, by notice in writing, direct that a specified child be enrolled in a specified school (including a special school) if the Chief Executive is satisfied that— (b) it would, having regard to the child's health, safety or welfare, be appropriate to do so; or (c) it would, having regard to the health, safety or welfare of students and staff at another school, be appropriate to do so, and, if such a direction is given, the child may be refused enrolment in any school other than the specified school. (2) Before giving a direction under this section, the Chief Executive must take reasonable steps to consult with— (a) each person who is responsible for the child; and (b) any other person or body prescribed by the regulations, and may consult with such other persons or bodies as the Chief Executive thinks fit. (3) The Chief Executive may, by notice in writing, vary or revoke a direction under this section. (4) This section does not apply in relation to a child if the child is, or is to be, enrolled in a non-Government school. (5) The regulations may make further provision in relation to a direction under this section for the purposes of this Act (including provisions limiting the circumstances in which a direction may be given). 63—Chief Executive may direct that child be enrolled in another school if improperly enrolled (1) The Chief Executive may, by notice in writing, direct that a specified child who is enrolled in a Government school (including a special school) be instead enrolled at another Government school if the Chief Executive is satisfied that the child was enrolled at the school on the basis of false or misleading information (including, to avoid doubt, information based on the residential address of the child or 1 or more of the persons responsible for the child). (2) If a direction is given under subsection (1)— (a) the enrolment of the child at the school will be taken to be cancelled from the date specified in the notice; and (b) the child may be refused enrolment at any Government school other than the Government school specified in the notice. (3) The Chief Executive may, by notice in writing, vary or revoke a direction under this section. (4) The regulations may make further provision in relation to a direction under this section for the purposes of this Act.