6Definition of *school*—exempted bodies

6 Definition of *school*—exempted bodies

(1) The following bodies are exempted from the definition of school for the purposes of the Act and these Regulations—

(a) an adult education institution;

(b) a post-secondary education institution established under Division 2 of Part 3.2 of the Act;

(c) a body that is an employer if it would be a school solely by reason of—

(i) providing work experience to a student under a work experience arrangement or training under a structured workplace learning arrangement made under Division 1 of Part 5.4 of the Act; or

(ii) providing work experience or training to a student under a practical placement agreement entered into under Division 2 of Part 5.4 of the Act; or

(iii) providing training under a training contract approved under Division 4 of Part 5.5 of the Act;

(d) subject to subregulation (2), any of the following education providers that has at least 85% of its students or those receiving its education or training programs above the compulsory school age—

(i) an RTO that is established for the main purpose of providing education or training to students above the compulsory school age;

(ii) a body that is approved in writing by the Adult, Community and Further Education Board or a Regional Council within the meaning of Part 3.3 of the Act to provide adult education in the community;

(iii) any body that the Authority is satisfied has been established for the main purpose of providing education or training to students above the compulsory school age.

(2) Subregulation (1)(d)(i) and (ii) do not exempt a body that is established for the main purpose of providing education to students in years 11 and 12.