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[s 35]
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Part 3 Amendment of Education (Capital Assistance) Act 1993
Part 3 Amendment of Education
(Capital Assistance) Act 1993
35 Act amended
This part amends the Education (Capital Assistance) Act
1993.
36 Amendment of s 14 (Certain projects must not be funded)
Section 14(1)(c), ‘special assistance’—
omit, insert—
accredited education
Part 4 Amendment of Education
(General Provisions) Act 2006
37 Act amended
This part amends the Education (General Provisions) Act
2006.
38 Amendment of s 12 (Provision of State education)
Section 12(1), after ‘institution’—
insert—
or an education and training centre
39 Amendment of s 15 (Power to establish other educational
institutions)
Section 15—
insert—
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Part 4 Amendment of Education (General Provisions) Act 2006
(c) centres for the education and training of
detainees in a detention centre.
40 Insertion of new s 15A
After section 15—
insert—
15A Interaction with Youth Justice Act 1992
The establishment of an education and training
centre does not limit the operation of the Youth
Justice Act 1992.
41 Amendment of ch 2, pt 4, hdg (Bases for education
provided, and testing, at State instructional institutions)
Chapter 2, part 4, heading, ‘State instructional institutions’—
omit, insert—
certain State educational institutions
42 Amendment of s 21 (Curriculum framework for State
instructional institutions)
(1) Section 21, heading, after ‘institutions’—
insert—
and education and training centres
(2) Section 21(1), after ‘institution’—
insert—
or an education and training centre
(3) Section 21(2), definition curriculum framework, from
‘institution’s’—
omit, insert—
principal of a State instructional institution or an
education and training centre may decide the
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Part 4 Amendment of Education (General Provisions) Act 2006
range of learning experiences to be offered to
students attending the institution or centre.
43 Amendment of s 45 (Inspection of State educational
institution’s premises)
Section 45—
insert—
(2) However, if the State educational institution is an
education and training centre, the inspection of
the premises is subject to the Youth Justice Act
1992, section 272.
44 Amendment of s 155B (Additional requirements for
application for enrolment as mature age student)
(1) Section 155B(1)(b)—
omit, insert—
(b) be accompanied by the actual fee payable,
on behalf of the applicant, to the police
commissioner for obtaining information
about the criminal history of the applicant.
(2) Section 155B—
insert—
(5) The chief executive must publish the fee
mentioned in subsection (1)(b) on the
department’s website.
45 Insertion of new s 156A
After section 156—
insert—
156A Enrolment of overseas students
(1) This section applies if—
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Part 4 Amendment of Education (General Provisions) Act 2006
(a) a registered provider for a course for a
location gives an overseas student a
confirmation of enrolment in relation to the
student’s acceptance for enrolment in the
course; and
(b) the course is located at a State school.
(2) Despite sections 155 to 156, the overseas student
is enrolled at the State school for the period stated
in the confirmation of enrolment given to the
student.
(3) Section 168(2) and (3) and chapter 8A do not
apply in relation to the enrolment of the overseas
student.
(4) In this section—
course see the Education Services for Overseas
Students Act 2000 (Cwlth), section 5AA.
overseas student see the Education Services for
Overseas Students Act 2000 (Cwlth), section 5.
registered provider, for a course for a location,
see the Education Services for Overseas Students
Act 2000 (Cwlth), section 5.
46 Insertion of new s 204A
After section 204—
insert—
204A Child participating in education re-entry and
transition service program
Section 176(1) does not apply to a child who is
participating in an education re-entry and
transition service program.
47 Amendment of s 240 (Exceptions to obligation)
Section 240—
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Part 4 Amendment of Education (General Provisions) Act 2006
insert—
(6) Section 239(1) does not apply if the young person
is participating in an education re-entry and
transition service program.
48 Omission of s 251C (Transitional)
Section 251C—
omit.
49 Amendment of ch 12, pt 4, hdg (Wilful disturbance and
trespass at State educational institutions)
Chapter 12, part 4, heading, before ‘State’—
insert—
certain
50 Amendment of s 333 (Wilful disturbance)
(1) Section 333, ‘State educational institution’—
omit, insert—
relevant State educational institution
(2) Section 333(4)—
insert—
relevant State educational institution means a
State educational institution, other than an
education and training centre.
51 Amendment of s 334 (Trespass)
(1) Section 334, ‘State educational institution’—
omit, insert—
relevant State educational institution
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Part 4 Amendment of Education (General Provisions) Act 2006
(2) Section 334—
insert—
(2) In this section—
relevant State educational institution means a
State educational institution, other than an
education and training centre.
52 Insertion of new ch 19, pt 2A
Chapter 19—
insert—
Part 2A Education re-entry and
transition service
programs
420B Definitions for part
In this part—
education re-entry and transition service
program means a program that is—
(a) designed to support a child to re-engage in
an educational program provided by a State
school or non-State school; or
(b) designed to support a young person to
re-engage full-time in an eligible option.
employee, of an entity, includes—
(a) a person appointed to a position with the
entity; and
(b) a person engaged by the entity under a
contract for services; and
(c) a volunteer who performs a task for the
entity.
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Part 4 Amendment of Education (General Provisions) Act 2006
prescribed education re-entry and transition
service program means a type of education
re-entry and transition service program that is
prescribed by regulation.
prescribed provider, of a prescribed education
re-entry and transition service program, means an
entity prescribed by regulation as eligible to
provide the program.
420C References to child or young person
In this part—
(a) a reference to a child means a child who is
of compulsory school age; and
(b) a reference to a young person means a
young person in the compulsory
participation phase.
420D Participation in education re-entry and
transition service programs
(1) The chief executive may decide that a child or
young person is suitable to participate in an
education re-entry and transition service program
if—
(a) in relation to a child—the child is not
enrolled in, or attending, a State school or a
non-State school; or
(b) in relation to a young person—the young
person is not participating full-time in an
eligible option.
(2) If the chief executive decides a child or young
person is suitable to participate in an education
re-entry and transition service program, the chief
executive must decide the details of the program
to be provided to the child or young person,
including, for example, whether the program is to
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Part 4 Amendment of Education (General Provisions) Act 2006
be provided by the chief executive or a particular
prescribed provider of the program.
420E Disclosure to support arrangement of
education re-entry and transition service
program
(1) To help in arranging for a child or young person
to participate in an education re-entry and
transition service program, the chief executive
may disclose the following information about the
child or young person to an entity the chief
executive considers appropriate—
(a) name and any previous names;
(b) address;
(c) date of birth;
(d) information relevant to the education and
re-engagement of the child or young person
with an educational program provided by a
State school, non-State school or eligible
option;
(e) if applicable, the State school or non-State
school that the child last attended or the
relevant education that the child was last
provided, so far as the chief executive is
aware;
(f) if applicable, the eligible option or relevant
education in which the young person last
participated, so far as the chief executive is
aware;
(g) other information prescribed by regulation.
Examples of entities that may be appropriate—
• a prescribed provider of a prescribed education
re-entry and transition service program
• a youth support entity
• a human services entity
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Part 4 Amendment of Education (General Provisions) Act 2006
(2) In this section—
relevant education means—
(a) for a child—home education under chapter
9, part 5; or
(b) education and training at an education and
training centre.
420F Disclosure relating to participation in
prescribed education re-entry and transition
service program
(1) This section applies if the chief executive
arranges for a child or young person to participate
in a prescribed education re-entry and transition
service program provided by a prescribed
provider.
(2) The chief executive may, by notice given to the
prescribed provider, ask the provider for any of
the following information about the child or
young person—
(a) name and any previous names;
(b) date of birth;
(c) information about the participation of the
child or young person in the prescribed
education re-entry and transition service
program;
(d) information to support continuity of
education—
(i) for the child enrolling in, or attending,
a State school or non-State school; or
(ii) for the young person participating in an
eligible option;
(e) information that the chief executive
reasonably believes is necessary to help a
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Part 4 Amendment of Education (General Provisions) Act 2006
principal of a State school or non-State
school protect the safety or wellbeing of—
(i) the child or young person; or
(ii) other members of the school
community.
(3) The prescribed provider must, if given notice
under subsection (2), give the chief executive the
information requested in the way stated in the
notice.
(4) The chief executive may give information
provided to the chief executive under subsection
(3) to—
(a) for a child enrolling in, or attending, a State
school or non-State school—the principal of
the State school or non-State school; or
(b) for a young person enrolling in, or
participating in, an eligible option that is a
State school or non-State school—the
principal of the State school or non-State
school; or
(c) for information mentioned in subsection
(2)(a) to (d) about a young person
participating in another eligible option—the
provider for the eligible option.
420G Protection from liability
(1) This section applies to a prescribed provider of a
prescribed education re-entry and transition
service program, or an employee of the provider,
complying with a request of the chief executive
under section 420F.
(2) The prescribed provider or employee is not civilly
liable for an act done, or omission made, honestly
and without negligence for complying with the
request.
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Education and Other Legislation Amendment Bill 2026
Part 4 Amendment of Education (General Provisions) Act 2006
420H Confidentiality
(1) This section applies to a person (the relevant
person) who—
(a) is or has been—
(i) the chief executive or a public service
employee in the department; or
(ii) a prescribed provider or an employee
of a prescribed provider; or
(iii) an entity, or an employee of an entity,
to whom the chief executive has given
information under section 420E; or
(iv) an employee of a State school,
non-State school or provider for an
eligible option to whom the chief
executive has given information under
section 420F(4); and
(b) in that capacity, has gained or has access to
personal information about a child or young
person under this part.
(2) The relevant person must not make a record of the
personal information or disclose the information
to anyone else, other than—
(a) for a purpose of this part; or
(b) with the consent of a parent of the child or
young person to whom the information
relates; or
(c) in compliance with a lawful process
requiring the production of documents or
giving of evidence before a court or tribunal;
or
(d) as permitted or required under this Act or
another law.
Maximum penalty—50 penalty units.
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Education and Other Legislation Amendment Bill 2026
Part 4 Amendment of Education (General Provisions) Act 2006
(3) Subsection (2) continues to apply to personal
information—
(a) about a child of compulsory school age after
the child is no longer of compulsory school
age; and
(b) about a young person in the compulsory
participation phase after the phase ends.
(4) In this section—
disclose, information, includes give access to the
information.
personal information means information or an
opinion, whether true or not, about an individual
whose identity is apparent, or can reasonably be
ascertained, from the information or opinion.
53 Amendment of s 434 (Regulation-making power)
Section 434(2)(a), ‘, including the refunding of fees,’—
omit.
54 Amendment of sch 4 (Dictionary)
(1) Schedule 4—
insert—
detainee see the Youth Justice Act 1992, schedule
4.
detention centre means a detention centre
established under the Youth Justice Act 1992,
section 262.
education and training centre means an
educational institution established under section
15 as a centre for the education and training of
detainees in a detention centre.
education re-entry and transition service
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Authorised by the Parliamentary Counsel
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Education and Other Legislation Amendment Bill 2026
Part 5 Amendment of Education (General Provisions) Regulation 2017
program see section 420B.
prescribed education re-entry and transition
service program, for chapter 19, part 2A, see
section 420B.
prescribed provider, of a prescribed education
re-entry and transition service program, for
chapter 19, part 2A, see section 420B.
(2) Schedule 4, definition employee—
insert—
(d) of an entity, for chapter 19, part 2A—see
section 420B.
Part 5 Amendment of Education
(General Provisions)
Regulation 2017
55 Regulation amended
This part amends the Education (General Provisions)
Regulation 2017.
56 Omission of s 63 (Overseas students—enrolment at State
school)
Section 63—
omit.
57 Insertion of new s 75
After section 74—
insert—
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