Subdiv 1AEnrolment of children or students with disability

Subdivision 1A—Enrolment of children or students with disability 63A—Enrolment of children with disability (1) A child must not be refused enrolment at a school on the basis that the child has a disability unless the enrolment of the child would impose an unjustifiable hardship on the school. (2) For the purposes of subsection (1), in determining whether a hardship that would be imposed on a school would be an unjustifiable hardship, all relevant circumstances of the particular case must be taken into account, including— (a) the matters referred to in section 11 of the Disability Discrimination Act 1992 of the Commonwealth; and (b) any relevant provisions of the Disability Standards for Education 2005 made under the Disability Discrimination Act 1992 of the Commonwealth. 63B—Reporting in relation to refusal or cancellation of enrolment of children or students with disability (1) The principal of a school must, on or before 31 May in each year, in the manner and form determined by the Minister, provide a report, or cause a report to be provided, to the Minister, setting out the following information (the required information) in relation to the preceding calendar year: (a) the number of children with a disability that were refused enrolment at the school on the ground that it would impose an unjustifiable hardship on the school (including if there were no such children); (b) the number of students with a disability whose enrolment at the school was cancelled (including if there were no such students); (c) any measures taken by the school to reduce the number of refusals or cancellations of enrolments of children or students with a disability; (d) any other information prescribed by the regulations for the purposes of this subsection. (2) For the purposes of subsection (1), and without limiting that subsection, a principal of a school will be taken to have provided a report, or caused a report to be provided, to the Minister, if— (a) the school records the required information on a record management system (however described); and (b) on or before 31 May in each year—a report consisting of an extract of the record management system containing the required information is provided to the Minister, in the manner and form determined by the Minister. (3) To avoid doubt, a report referred to in subsection (2)(b) may include required information that relates to more than 1 school. (4) A principal of a school must not, without reasonable excuse, refuse or fail to comply with subsection (1). (5) The Minister must, on or before 31 August in each year, in the manner and form determined by the Minister, publish a report setting out the following information in relation to the preceding calendar year: (a) the number of times children with a disability were refused enrolment at Government schools on the ground that it would impose an unjustifiable hardship on the school; (b) the number of times children with a disability were refused enrolment at non‑Government schools on the ground that it would impose an unjustifiable hardship on the school; (c) the number of times the enrolment of students with a disability at Government schools was cancelled; (d) the number of times the enrolment of students with a disability at non‑Government schools was cancelled; (e) information regarding any trends identified in relation to— (i) the refusal or cancellation of the enrolment of children or students with a disability; and (ii) measures taken to reduce the number of refusals or cancellations of enrolments of children or students with a disability by— (A) Government schools; and (B) non‑Government schools; (f) any other information prescribed by the regulations for the purposes of this subsection. (6) Information provided for the purposes of this section must not identify (either directly or indirectly) any individual to whom the information relates. (7) Information provided under subsection (1) is not liable to disclosure under the Freedom of Information Act 1991. Editorial note— Section 63B will come into operation on 1 September 2027. Subdivision 2—Enrolment of adult students 64—Special provisions relating to enrolment of adult students (1) An adult person must not be enrolled in a school if they are a prohibited person under the Child Safety (Prohibited Persons) Act 2016. (2) Without limiting subsection (1), an adult person must not be enrolled at a school unless a working with children check has been conducted in relation to the person within the preceding 5 years. (3) Subsections (1) and (2) do not apply to— (a) the continuing enrolment in a school of a student who attains 18 years of age while enrolled in the school; or (b) the enrolment of an adult student in a special purpose school providing education to persons detained in training centres or prisons; or (c) any other enrolments of a kind declared by the regulations to be included within the ambit of this subsection. (4) The principal of a school may refuse to enrol an adult student if the principal believes on reasonable grounds that— (a) it would, having regard to the results of the person's working with children check or any other information relating to the person of which the principal is aware, be inappropriate to enrol the person in the school; or (b) it would otherwise not be in the interests of the students or staff at the school to enrol the person in the school. (5) The principal of a school may, with the approval of the Chief Executive, refuse to enrol an adult student for any other reason the principal thinks fit. (6) The regulations may make further provision in relation to the enrolment of adult students in schools for the purposes of this Act. (7) Without limiting the generality of subsection (6), the regulations may provide for— (a) the provision of information by adult students; or (b) the cancellation of the enrolments of adult students. Subdivision 3—Information gathering 65—Certain information to be provided on enrolment (1) A person who is responsible for a child who is to be enrolled in a school or an approved learning program must provide to the principal of the school or the head of the approved learning program (as the case requires)— (a) the full name and each residential address of the child; and (b) the date of birth of the child; and (c) details of any school or approved learning program in which the child was previously, or is currently, enrolled; and (d) information relating to the academic progress of the child in a school or approved learning program in which the child was previously, or is currently, enrolled; and (e) any other information or documents prescribed by the regulations for the purposes of this subsection. (2) The information or documents required under subsection (1) must be provided in a manner and form determined by the principal of the school or head of the approved learning program (as the case requires). (3) A person who, without reasonable excuse, refuses or fails to comply with a requirement under this section is guilty of an offence. 66—Chief Executive may require further information relating to child (1) The Chief Executive may, by notice in writing, require a person who is responsible for a child to provide to the Chief Executive such information or documents relating to the child as may be specified in the notice (being information or documents in the possession of the person that is reasonably required in the administration, operation or enforcement of this Act). (2) To avoid doubt, the information or documents that may be required under subsection (1) may include, but is not limited to, any of the following: (a) medical certificates, reports or advice relating to a child; (b) reports relating to the mental, emotional and social wellbeing of a child; (c) referrals for a medical, psychological or allied health service relating to a child; (d) any other personal information relating to a child. (3) The information or documents required under subsection (1) must be provided to the Chief Executive in the manner and form, and within the period, specified in the notice. (4) A person who, without reasonable excuse, refuses or fails to comply with a requirement under this section is guilty of an offence. 67—Principal may require other principal to provide report in respect of specified child (1) The principal of a school, or the head of an approved learning program, in which it is proposed a specified child be enrolled may, by notice in writing, require the principal of a specified school or the head of a specified approved learning program (being a school or approved learning program in which the child is, or was previously, enrolled) to prepare and provide a report relating to the child setting out the information specified in the notice. (2) A notice under subsection (1)— (a) may, subject to the regulations, require the following information to be provided: (i) information relating to any previous or current enrolment of the child in the specified school or approved learning program; (ii) information relating to the academic progress of the specified child in the specified school or approved learning program; (iii) information that relates to the safety or wellbeing of the specified child or that may be relevant to the safety or wellbeing of other children or persons at the school or the premises at which an approved learning program is conducted; (iv) any other information of a specified kind relating to the child that the principal of the school or head of the approved learning program (as the case requires) considers necessary or appropriate in relation to the child's education; and (b) must comply with any requirements set out in the regulations. (3) A report under subsection (1)— (a) must be provided in a manner and form determined by the Minister; and (b) must be provided within the period specified in the notice (being not less than the period determined by the Minister for the purposes of this paragraph); and (c) must be accompanied by copies of such records or documents as may be specified in the notice; and (d) must contain such information as may be specified in the notice. (4) A principal of a school or head of an approved learning program must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (1). Maximum penalty: $2 500. (5) A principal of a school, or the head of an approved learning program to whom a report is provided under this section must not disclose personal information contained in the report to any other person or body unless the disclosure— (a) is required in the proper performance of official functions or duties relating to the education, health, safety, welfare or wellbeing of a child; or (b) is with the consent of— (i) in the case of information that relates to a child—a person responsible for the child to whom it relates; or (ii) in any other case—the person to whom the information relates; or (c) is reasonably required to lessen or prevent a serious threat to the life, health, or safety of a child or other persons; or (d) is required or authorised under this Act or any other Act or law; or (e) is required or authorised by an order of a court or tribunal; or (f) is in circumstances or for a purpose prescribed by the regulations. (6) Information that has been disclosed in a report under this section for a particular purpose must not be used for any other purpose by— (a) the person to whom the information was disclosed; or (b) any other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure, Division 2—Attendance at school and participation in approved learning programs Subdivision 1—Compulsory attendance at school and participation in approved learning program 68—Child of compulsory school age must attend school (1) Subject to this Act, a child of compulsory school age must attend at the school in which they are enrolled on every day, and for such parts of every day, that instruction is provided for the child at the school. (2) If a child of compulsory school age fails to attend school as required by subsection (1), each person who is responsible for the child is guilty of an offence. (3) However, subsection (2) does not apply to a particular failure to attend school if— (a) the reason for the failure is— (i) the child was sick or infirm; or (iii) any other reason prescribed by the regulations; and (b) a person who is responsible for the child advises the principal of the school within 3 school days after the failure of the reason for the child's failure to attend school. (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 attended school as required by subsection (1). (5) Proceedings for an offence against this section cannot be commenced against a person responsible for a child who has failed to attend school 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 attendance at school; and (b) warning the person that they have failed to comply with the requirements of the Act and may be prosecuted if the child does not attend school as required by subsection (1). 69—Child of compulsory education age must participate in approved learning program (1) Subject to this Act, a child of compulsory education age must participate in an approved learning program in which they are enrolled on every day, and for such parts of every day, that instruction is provided in relation to the program. (2) If a child of compulsory education age fails to participate in an approved learning program as required by subsection (1), each person who is responsible for the child is guilty of an offence. (3) However, subsection (2) does not apply to a particular failure to participate in an approved learning program if— (a) the reason for the failure is— (i) the child was sick or infirm; or (iii) the child was reasonably required to care for a member of the child's family; or (iv) any other reason prescribed by the regulations; and (b) a person who is responsible for the child advises the head of the approved learning program within 3 business days of the failure of the reason for the child's failure to participate in the approved learning program. (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 participated in an approved learning program as required by subsection (1). (5) Proceedings for an offence against this section cannot be commenced against a person responsible for a child who has failed to participate in an approved learning program 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 participation in an approved learning program; and (b) warning the person that they have failed to comply with the requirements of the Act and may be prosecuted if the child does not participate in an approved learning program as required by subsection (1). Subdivision 2—Family conferences 70—Purpose of family conferences The purpose of a family conference under this Subdivision is to provide an opportunity for a student and their family, in conjunction with the principal of a school or head of an approved learning program (as the case requires) and a family conference coordinator, to make voluntary arrangements to ensure the attendance of the student at the school, or the participation of the student in the approved learning program, in which they are enrolled (as the case requires). 71—Chief Executive may convene family conference (1) If the Chief Executive is of the opinion that— (a) a student— (i) is a child of compulsory school age and is regularly absent from the school in which they are enrolled; or (ii) is a child of compulsory education age and regularly fails to participate in the approved learning program in which they are enrolled; and (b) arrangements should be made to attempt to improve their attendance or participation; and (c) it would be appropriate in all of the circumstances to make those arrangements by means of a family conference, then the Chief Executive may (after consulting with the principal of the school or the head of the approved learning program in which the student is enrolled) convene a family conference under this Subdivision. (2) A family conference is to be conducted by a family conference coordinator (the coordinator) nominated by the Chief Executive. (3) Subject to subsection (4), the following people are entitled to attend a family conference convened in respect of a particular student: (a) the student; (b) each person who is responsible for the student; (c) the principal of the school or the head of the approved learning program in which the student is enrolled (as the case requires) or a nominee of the principal or head; (d) an employee of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act; (e) any other person (not being a legal practitioner) who the student, or a person who is responsible for the student, wishes to support them at the conference and who, in the opinion of the coordinator, would be of assistance in that role; (f) any other person, or person of a class, prescribed by the regulations for the purposes of this subsection, and the coordinator may allow such other persons as the coordinator thinks appropriate to attend a conference. (4) The coordinator of a family conference may exclude a person (including, to avoid doubt, the student to whom the conference relates) from attending a family conference if the coordinator is satisfied that to do so would be in the best interests of the student. 72—Procedures at family conference (1) The coordinator of a family conference must ensure that information relating to the student's level of attendance at the school, or participation in the approved learning program, in which they are enrolled, including any reasons for their non-attendance or non-participation, is presented to the conference. (2) The coordinator of a family conference must allow the persons who are responsible for the student, and the student if the coordinator thinks it appropriate to do so, an opportunity to hold discussions in private for the purpose of formulating recommendations to improve the student's attendance or participation. (3) The following provisions relate to the making of decisions at a family conference: (a) decisions should, if possible, be made by consensus of those present at the conference; (b) a written record must be prepared of the decisions made at the conference; (c) a decision will only be valid for the purposes of this Act if each of the following persons (being persons who are present at the conference) accept the decision in accordance with any requirements set out in the regulations: (i) the student; (ii) each person responsible for the student; (iii) the principal of the school or head of the approved learning program (as the case requires) in which the student is enrolled; (iv) an employee of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act; (d) the decisions must comply with any other requirements set out in the regulations. (4) The coordinator of the family conference must cause a copy of the written record of any valid decisions made at a family conference to be provided to each person present at the conference (and may provide a copy of the written record to any other person the coordinator thinks fit). (5) Subject to this Act, the coordinator of a family conference may determine the procedures of the conference. 73—Chief Executive and principal etc to give effect to decisions of family conference (1) Subject to this Act, the Chief Executive and the principal of the school or head of the approved learning program in which a student is enrolled (as the case requires) should, to the extent that it is consistent with this Act to do so, exercise their powers and perform their functions so as to give effect to valid decisions made at a family conference. (2) Nothing in this section— (a) requires or authorises the Chief Executive, a principal of a school or head of an approved learning program or any other person to do something that is unlawful; or (b) requires or authorises the Chief Executive, a principal of a school or head of an approved learning program or any other person to not do something that is required to be done under this or any other Act or law; or (c) creates legally enforceable rights or obligations on the part of the Chief Executive, the Crown, the student or any other person. Subdivision 3—Limitations on employment of certain children of compulsory school age or compulsory education age 74—Employment of children of compulsory school age or compulsory education age (1) A person must not employ a child of compulsory school age or compulsory education age— (a) during the hours that the child is required to attend school or to participate in an approved learning program (as the case requires); or (b) in any labour or occupation that renders, or is likely to render, the child— (i) unfit to attend school or participate in an approved learning program (as the case requires) as required by this Act; or (ii) unable to obtain the proper benefit from such attendance or participation. (2) Subsection (1) does not apply in relation to— (a) employment that forms a part of an approved learning program; or (b) any other kind of employment prescribed by the regulations for the purposes of this subsection. (3) To avoid doubt, subsection (1) applies to a person who is responsible for a child. (4) In proceedings for an offence against subsection (1), it is a defence for the defendant to prove that the alleged offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence. Subdivision 4—Reporting of persistent non-attendance or non-participation 75—Principal etc to report persistent non-attendance or non-participation (1) The principal of a school or head of an approved learning program must notify the Chief Executive, or cause the Chief Executive to be notified, if a student of the school or approved learning program is persistently failing to attend school, or participate in the approved learning program, (as the case requires) as required under this Act. (2) A notice under subsection (1)— (a) must be given in a manner and form determined by the Chief Executive; and (b) must be given as soon as is reasonably practicable after the principal of the school or head of the approved learning program (as the case requires) becomes aware of the relevant matter; and (c) must contain the information required by the regulations. (2a) However, a principal of a school or head of an approved learning program (as the case requires) will be taken to have notified the Chief Executive under subsection (1) if— (a) the school or approved learning program records information relating to the persistent non‑attendance or non‑participation of students on a record management system (however described); and (b) a report relating to persistent non‑attendance or non‑participation of students at the school or approved learning program containing any information required by the regulations is provided to the Chief Executive at least once in each school term. (2b) To avoid doubt, a report under subsection (2a)(b)— (a) may relate to more than 1 school or approved learning program; and (b) without limiting that paragraph, may consist of an extract of the record management system. (3) A person must not, without reasonable excuse, refuse or fail to comply with subsection (1). (4) For the purposes of this section, a student will be taken to be persistently failing to attend school, or failing to participate in an approved learning program, if the student fails to attend school, or participate in the approved learning program, for 10 or more days in a particular term (disregarding any failure to which section 68(3) or 69(3) applies). Division 3—Suspension, exclusion and expulsion of students 76—Suspension of students (1) Subject to this Act, the principal of a school may suspend a student from attendance at the school for a specified period (not exceeding 5 school days) if the principal believes on reasonable grounds that— (b) the student has acted in a manner that threatens the safety or wellbeing of a student or member of staff of, or other person associated with, the school (including by sexually harassing, racially vilifying, verbally abusing or bullying that person); or (d) the student has interfered with the ability of a teacher to instruct students or of a student to benefit from that instruction; or (e) the student has acted in a manner that threatens the good order of the school by persistently contravening or failing to comply with rules applying within the school with respect to behaviour; or (f) the student shows persistent and wilful inattention or indifference to school work. (2) In determining whether to suspend a student from attendance at a school, a principal must have regard to the matters (if any) specified by the regulations. (3) A student cannot (except with the authorisation of the Chief Executive) be suspended from attendance at the school under this section— (a) for more than 15 school days in a calendar year; or (b) on more than 4 separate occasions in a calendar year. 77—Exclusion of students (1) Subject to this Act, the principal of a school may exclude a student from attendance at the school for a specified period if the principal believes on reasonable grounds that— (b) the student has acted in a manner that threatens the safety or wellbeing of a student or member of staff of, or other person associated with, the school (including by sexually harassing, racially vilifying, verbally abusing or bullying that person); or (d) the student has persistently interfered with the ability of a teacher to instruct students or of a student to benefit from that instruction; or (e) the student has acted in a manner that threatens the good order of the school by persistently contravening or failing to comply with rules applying within the school with respect to behaviour. (2) In determining whether to exclude a student from attendance at a school, a principal must have regard to the matters (if any) specified by the regulations. (3) The period of an exclusion under this section must be— (a) not less than— (i) if the exclusion is for the remainder of the school term during which the student is excluded—that period; or (ii) in any other case—4 consecutive weeks; and (b) not more than— (i) if the period remaining in the school term in which the exclusion occurs is more than 10 weeks—that period; or (ii) 10 consecutive weeks, whichever is the greater. (4) The principal of a school may, if the principal considers it appropriate to do so, extend the exclusion of a student from attendance at the school under this section for a further period not exceeding the limits fixed by subsection (3). (5) A student cannot (except with the authorisation of the Chief Executive) be excluded from attendance at the school under this section for more than 20 weeks in a calendar year. (6) A principal cannot exclude a student from attendance at a school unless the student has first been suspended from attendance at the school for a period not exceeding 5 consecutive school days under this Act or a repealed Act. (7) The Chief Executive may, by notice in writing, give such directions as the Chief Executive thinks appropriate to a student excluded from attendance at a school under this section in relation to the student undertaking education, work or other relevant activity during the period of the exclusion. (8) A student must not refuse or fail to comply with a direction under subsection (7). Maximum penalty: $1 250. 78—Expulsion of certain students from particular school (1) Subject to this Act, the principal of a school may expel a student who is above the compulsory school age from a school for a specified period if the principal believes on reasonable grounds that— (b) the student has acted in a manner that threatens the safety or wellbeing of a student or member of staff of, or other person associated with, the school (including by sexually harassing, racially vilifying, verbally abusing or bullying that person); or (d) the student has persistently interfered with the ability of a teacher to instruct students or of a student to benefit from that instruction. (2) In determining whether to expel a student from a school under this section, a principal must have regard to the matters (if any) specified by the regulations. (3) The period of an expulsion from a school under this section must be— (a) not less than— (i) if the expulsion is for the remainder of the semester or year during which the student is expelled—that period; or (ii) in any other case—6 consecutive months; and (b) not more than 18 consecutive months. (4) A principal cannot expel a student from a school under this section unless the student has first been suspended from attendance at the school for a period not exceeding 20 consecutive school days under this Act or a repealed Act. 79—Expulsion of certain students from all Government schools (1) Subject to this Act, the Chief Executive may, on the recommendation of the principal of the school in which the student is enrolled, expel a student who is above the compulsory school age from all Government schools for a specified period if the Chief Executive believes on reasonable grounds that— (b) the student has acted in a manner that threatens the safety or wellbeing of a student or member of staff of, or other person associated with, the school (including by sexually harassing, racially vilifying, verbally abusing or bullying that person); or (c) the student has acted illegally. (2) In determining whether to expel a student from all Government schools under this section, the Chief Executive must have regard to the matters (if any) specified by the regulations. (3) The period of an expulsion under this section must (unless the expulsion is for the remainder of the school year during which the student is expelled) be— (a) not less than 12 consecutive months; and (b) not more than 5 consecutive years. (4) A principal cannot make a recommendation under subsection (1) unless the student has first been suspended from attendance at the school for a period not exceeding 30 consecutive school days. 80—Appeal against decision to exclude or expel student (1) A prescribed person in relation to a student may appeal to the relevant authority against— (a) an exclusion of the student from attendance at school under section 77; or (b) an expulsion of the student from a school under section 78; or (c) an expulsion of the student from all Government schools under section 79. (2) An appeal must be instituted— (a) in the case of an appeal against a decision to exclude a student from attendance at a school—within 5 school days after the student is notified of the decision; or (b) in any other case—within 10 school days after the student is notified of the decision, (or such longer period as may be allowed by the relevant authority). (3) An appeal must be instituted by lodging a notice in a form approved by the Chief Executive— (a) in the case of an appeal to a panel established under subsection (7)—with a person or body specified by the Chief Executive; or (b) in any other case—with the relevant authority. (4) An appeal must be heard within 2 weeks after it is instituted. (5) The person who made the original decision being appealed against, or the relevant authority, may stay the operation of the decision until the appeal is determined, withdrawn or struck out. (6) A stay cannot be granted if its effect would be to create a danger to person or property or to allow a danger to person or property to continue. (7) The Chief Executive must, for the purposes of hearing an appeal under this section, from time to time establish a panel consisting of the following persons nominated by the Chief Executive: (a) an employee of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act; (b) a principal of a school (not being the principal who made the decision to exclude or expel the student to whom the appeal relates); (c) a person with experience in the administration of equal opportunity matters. (8) A decision carried by a majority of the votes of the members of the panel is a decision of the panel (and, subject to this Act and any direction of the Chief Executive, the panel may determine its own procedures). (9) The relevant authority may, on the hearing of an appeal— (a) affirm, vary or quash the decision appealed against or substitute, or make in addition, any decision that the relevant authority thinks appropriate; and (b) make recommendations as to actions to be taken in relation to the student. (10) In this section— prescribed person, in relation to a student, means— (a) the student; or (b) a person responsible for the student; or (c) an adult acting at the request of the student or a person responsible for the student; relevant authority means— (a) in relation to a decision of the principal of a school to exclude a student from attendance at a school under section 77—the panel established under subsection (7); (b) in relation to a decision of the principal of a school to expel a student from the school under section 78—the Chief Executive; (c) in relation to a decision of the Chief Executive to expel a student from all Government schools under section 79—the Minister. 81—Regulations in relation to operation, administration and enforcement of suspension, exclusion or expulsion of student The regulations may make provision for or in relation to the operation, administration and enforcement of the suspension, exclusion or expulsion of a student under this Division. Division 4—Religious and cultural activities 82—Religious and cultural activities (1) The principal of a school may set aside time for the conduct of religious or cultural activities (or both) by a person, or a person of a class, prescribed by the regulations for the purposes of this section. (2) The principal of a school must give notice in writing to a person who is responsible for a student enrolled at the school who is a child, of the intended conduct of a specified religious or cultural activity involving the student. (3) The regulations may— (a) make provision for procedures and requirements relating to obtaining the consent of persons who are responsible for students at the school for the student's participation in religious or cultural activities; and (b) make provision in relation to the exemption of students from participation in religious or cultural activities. (4) A student who does not participate in a religious or cultural activity under this section— (a) cannot be made to suffer any detriment for not participating in the activity; and (b) must be offered an alternative activity related to the curriculum determined by the Chief Executive during the period in which the activity is conducted. (5) Religious and cultural activities may be conducted on school premises or elsewhere. (6) Neither religious or cultural activities form part of the curriculum determined by the Chief Executive for the purposes of this Act. (7) Nothing in this section limits the operation of the Child Safety (Prohibited Persons) Act 2016 or any other Act that imposes requirements or limitations on working with children. detriment includes— (a) intimidation or harassment; and (b) discrimination, disadvantage or adverse treatment. Division 5—Discipline 83—Corporal punishment prohibited (1) Corporal punishment (however described) must not be imposed on a student enrolled or attending at a Government or a non‑Government school. (2) The Chief Executive must take all reasonable steps to ensure that principals, officers of the teaching service and all other persons employed in, or in relation to, Government schools comply with subsection (1). (3) For the purposes of the Criminal Law Consolidation Act 1935, corporal punishment will be taken not to amount to conduct that lies within limits of what would be generally accepted in the community as normal incidents of social interaction or community life. Division 6—Registration of student exchange programs 84—Interpretation In this Division— Board means the Education and Early Childhood Services Registration and Standards Board of South Australia established under the Education and Early Childhood Services (Registration and Standards) Act 2011; student exchange program means a program in which students undertaking secondary education undertake a part of their studies in a country other than Australia and, in return, students from other countries undertake a part of their studies in this State. 85—Registration of student exchange organisations (1) The Board may, on application, register a person or body as a student exchange organisation. (2) An application for registration under subsection (1) must— (a) be made in the manner and form determined by the Board; and (b) be accompanied by such documents or information as may be required by the Board; and (c) be accompanied by the prescribed fee. (3) In deciding whether to register a person or body under subsection (1), the Board may have regard to the following matters: (a) the suitability of the person or body to operate a student exchange program; (b) the organisational and financial structure of the person or body; (c) any relevant guidelines under this or any other Act; (d) the aims of the proposed student exchange program; (e) any reciprocal arrangements between the State and the other country under the proposed student exchange program; (f) the support offered under the proposed student exchange program to students in the program and the families accommodating those students; (g) the arrangements for health insurance for students in the proposed student exchange program; (h) the processes established by the proposed student exchange program for resolution of problems; (i) any other matter the Board considers relevant. (4) Registration under subsection (1) may be conditional or unconditional. (5) The Board may, by notice in writing, vary, substitute or revoke a condition of registration. (6) Registration under subsection (1) remains in force— (a) for the period specified in the instrument of registration (not exceeding 5 years from the date of registration); or (b) until it is revoked under this Act, whichever is the sooner (and may be renewed in accordance with the regulations). 86—Annual registration fee (1) A registered student exchange organisation must, in respect of each calendar year, pay an annual registration fee determined in accordance with the regulations. (2) A registered student exchange organisation must pay the annual registration fee for each year— (a) in the manner determined by the Board; and (b) on or before the day specified by the Board in relation to that year. 87—Guidelines (1) The Board may publish or adopt guidelines in relation to the registration of student exchange organisations and the operation of student exchange programs. (2) The Board may, from time to time, vary, substitute or revoke guidelines published or adopted under subsection (1). 88—Board may give directions to registered student exchange organisation (1) The Board may, by notice in writing, direct a registered student exchange organisation to take, or to not take, such action as may be specified in the notice if the Board is satisfied that— (a) the registered student exchange organisation has contravened, or is likely to contravene, this Act or guidelines published or adopted under section 87; or (b) the direction is necessary or desirable to protect the interests of students engaged in the student exchange program operated by the registered student exchange organisation. (2) A registered student exchange organisation must comply with a direction given under subsection (1). 89—Suspension and revocation of registration (1) The Board may, by notice in writing, suspend or revoke the registration of a registered student exchange organisation if the Board is satisfied that— (a) the organisation has contravened this Act; or (b) the organisation has not paid the annual registration fee under section 86; or (c) the organisation has contravened guidelines issued under section 87; or (d) the organisation has not complied with a direction under section 88; or (e) it is otherwise in the public interest to suspend or revoke the registration. (2) A suspension of registration has effect for the period specified in the notice. (3) The Board must revoke the registration of a registered student exchange organisation on the request of the organisation. 89A—Delegation (1) The Board may delegate a function or power under this Division (other than a prescribed function or power) to a specified body or person (including a person for the time being holding or acting in a specified office or position). (2) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the ability of the Board to act in any matter; and (d) is revocable at will. (3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.