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(c) the control or management of the campus;
or
(d) the control or management of the regional
State school.
32 Amendment of s 156 (Enrolment)
(1) Section 156(1), from ‘if’—
omit, insert—
if—
(a) the prospective student is entitled under this
Act to be enrolled at the school; and
(b) for a special school, either—
(i) the prospective student is a continuing
special school student and the principal
is satisfied—
(A) the student is a person with a
disability; and
(B) the special school is able to cater
for the educational needs of the
student; or
(ii) the chief executive has referred the
application back to the principal under
section 166(2).
(2) Section 156(3), from ‘must’—
omit, insert—
must refer the application to the chief executive to
be dealt with under division 3 if—
(a) the prospective student is a continuing
special school student but the principal is
not satisfied of either of the matters
mentioned in subsection (1)(b)(i)(A) or (B);
or
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(b) the prospective student is not a continuing
special school student.
(3) Section 156—
insert—
(4) In this section—
continuing special school student means a
prospective student who is, at the time an
application for enrolment at a special school is
made for the student, enrolled at another special
school.
person with a disability see section 165.
33 Amendment of ch 14, hdg (Transfer notes)
Chapter 14, heading, after ‘notes’—
insert—
and related matters
34 Replacement of ch 14, pts 1 and 2
Chapter 14, parts 1 and 2—
omit, insert—
Part 1 Preliminary
383 Definitions for chapter
In this chapter—
former student see sections 385(1)(a) and
386(1)(c).
related document, in relation to a transfer note,
means a document mentioned in the transfer note.
transfer note, for a student or former student of a
State school or non-State school, see section 384.
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384 Meaning of transfer note
(1) A transfer note, for a student or former student of
a State school or non-State school, is a document
in the approved form that includes the following
information, including personal information,
about the student or former student—
(a) information of a type prescribed by
regulation;
(b) any information required to be included
under section 388C(2).
(2) The information included in a transfer note must
be factual, objective and succinct.
(3) In this section—
personal information see section 426(6).
Part 2 Transfer notes and
transfer of records
Division 1 Requests for transfer
notes on cessation of
enrolment
385 Request by parent of former student or former
student
(1) This section applies if—
(a) the enrolment of a student (the former
student) at a State school or non-State
school is ceased at the request of—
(i) if the student is a child—a parent of the
student; or
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(ii) if the student is an adult—the student;
and
(b) when the request to cease the enrolment is
made, the person making the request asks
the principal of the school for a transfer note
for the former student.
(2) The principal of the school must, within 10 school
days after the day the request for a transfer note is
received—
(a) prepare a transfer note for the former
student; and
(b) give the person making the request the
transfer note and a copy of any related
documents.
386 Request by former student in particular
circumstances
(1) This section applies if—
(a) a student of a State school or non-State
school is a child; and
(b) the principal of the school is reasonably
satisfied it would be inappropriate in the
circumstances for a parent of the student
to—
(i) request that the student’s enrolment
cease; or
(ii) receive a transfer note for the student
and a copy of any related documents;
and
Example—
It may be inappropriate for a parent of a student to
request that the student’s enrolment cease, or to
receive a transfer note for the student and a copy
of any related documents, if the student is living
independently of the student’s parents.
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(c) the enrolment of the student (the former
student) is ceased at the request of the
student; and
(d) when the request to cease the enrolment is
made, the former student asks the principal
for a transfer note for the student.
(2) The principal of the school must, within 10 school
days after the day the request for a transfer note is
received—
(a) prepare a transfer note for the former
student; and
(b) give the former student the transfer note and
a copy of any related documents.
Division 2 Requests for transfer
notes after enrolment at
new school
387 Purpose of division
The purpose of giving the principal of a State
school or non-State school a transfer note for a
student mentioned in section 388 is to provide
information to the principal to help the
principal—
(a) ensure continuity of the student’s
educational program; and
(b) meet the principal’s duty of care obligations
in relation to the following persons—
(i) the student;
(ii) the members of the school community.
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388 Application of division
This division applies if—
(a) the enrolment of a student at a State school
or non-State school (the previous school) is
to continue at another State school or
non-State school (in either case the new
school); and
(b) the principal of the new school does not
have information of the type mentioned in
section 384(1)(a) in relation to the student.
388A Definitions for division
In this division—
former school, in relation to a student enrolled at
a new school—
(a) means any State school or non-State school
at which the student was enrolled within the
12-month period before being enrolled at
the new school; but
(b) does not include the student’s previous
school.
new school see section 388(a).
previous school see section 388(a).
388B Principal of new school to ask for transfer
note
(1) Within 90 days after the day the student is
enrolled at the new school, the principal of the
new school—
(a) must ask the principal of the previous school
to prepare a transfer note for the student;
and
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(b) may ask the principal of a former school to
prepare a transfer note for the student.
(2) When making a request under subsection (1), the
principal of the new school must give notice of the
request to—
(a) if the student is a child—a parent of the
student; or
(b) if the student is an adult—the student.
(3) However, if the student is a child and the principal
is reasonably satisfied it would be inappropriate in
the circumstances to give notice of the request to
a parent of the student—
(a) subsection (2)(a) does not apply; and
(b) the principal must give notice of the request
to the student.
Example—
It may be inappropriate to give notice of the request to a
parent of the student if the student is living
independently of the student’s parents.
388C Principal of previous school or former school
to prepare transfer note
(1) The principal of the previous school or former
school must, within 10 school days after the day a
request under section 388B(1) is received—
(a) prepare a transfer note for the student; and
(b) give the principal of the new school the
transfer note and a copy of any related
documents.
(2) The principal of the previous school, or of the
former school, must include in the transfer note
any information about the student that the
principal reasonably believes is necessary to help
the principal of the new school protect the safety
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and wellbeing of the following persons—
(a) the student;
(b) the members of the school community.
388D Principal of new school to give copy of
transfer note
(1) A person who is given notice under section
388B(2) or (3)(b) may ask the principal of the new
school for a copy of any transfer note mentioned
in the notice.
(2) If the principal of the new school receives a
request under subsection (1), the principal must
give the person making the request a copy of the
transfer note and of any related documents within
10 school days after the later of the following
days—
(a) the day the principal of the new school
receives the transfer note and a copy of any
related documents from the principal of the
previous school or former school;
(b) the day the principal of the new school
receives the request under subsection (1).
Division 3 Transfer of records
between State schools
388E Transfer of records not prevented
(1) This section applies if—
(a) the enrolment of a student at a State school
(the first school) has ceased; and
(b) the student is enrolled at another State
school (the second school).
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(2) This part does not prevent the principal of the first
school transferring records relating to the student
to the principal of the second school.
35 Amendment of s 419F (Registration in programs)
(1) Section 419F(3)(b)(i), from ‘centre-based service’—
omit, insert—
relevant kindergarten; or
(2) Section 419F(3)(b)(ii)—
omit, insert—
(ii) has medical grounds for needing distance
education; or
(3) Section 419F—
insert—
(3A) For subsection (3)(b)(ii), the child has medical
grounds for needing distance education only if—
(a) the child has 1 or more medical certificates
stating that the child is unable to attend a
centre-based service for a period during the
child’s registration year due to the child’s
state of health; and
(b) the total period for which the child is unable
to attend a centre-based service under all
medical certificates mentioned in paragraph
(a) is more than 10 weeks.
(4) Section 419F(7)—
insert—
approved kindergarten program, in relation to a
centre-based service, means a program for which
the service receives kindergarten program
funding from the department.
relevant kindergarten means—
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(a) a centre-based service that provides an
approved kindergarten program; or
(b) a prescribed State school that provides a
kindergarten learning program.
(5) Section 419F(3A) to (7)—
renumber as section 419F(4) to (8).
36 Amendment of s 426 (Confidentiality)
(1) Section 426(2), ‘This section also’—
omit, insert—
Also, this section
(2) Section 426(2)(b), ‘contained in a transfer note’—
omit, insert—
included in a transfer note under chapter 14
(3) Section 426(2)(b)(i), ‘continuing’—
omit.
(4) Section 426(3), ‘This section also’—
omit, insert—
Further, this section
(5) Section 426(4)(d), ‘subsection (4A)’—
omit, insert—
subsection (5), section 426A
(6) Section 426(4A) and (5)—
renumber as section 426(5) and (6).
37 Insertion of new s 426A
After section 426—
insert—
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426A Confidentiality—approved online services
(1) For section 426(4)(d), a public service employee
employed in the department may—
(a) disclose, to an entity that provides an
approved online service, personal
information that is relevant information
about a student of a State school; or
(b) make a record of, or use, personal
information about a student of a State school
for the purpose of disclosing relevant
information under paragraph (a).
(2) The chief executive may approve, as an approved
online service, an online service that requires the
disclosure, recording or use of personal
information about a student of a State school if the
chief executive is reasonably satisfied—
(a) a contract or other arrangement entered into
with the entity that provides, or is to
provide, the online service is a service
arrangement and the entity is a bound
contracted service provider in relation to the
contract or arrangement; and
(b) an appropriately qualified public service
employee employed in the department has
assessed the online service according to a
framework for assessing the matters
mentioned in paragraphs (c) and (d); and
(c) the online service is suitable to protect the
privacy and online security of relevant
information about the student that may be
disclosed to, or recorded or used by, the
entity providing the service; and
(d) the entity that provides, or is to provide, the
online service does not, for the purpose of
providing the service, require the disclosure
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to, or recording or use by, the entity of
sensitive information about the student; and
(e) the online service is required for either or
both of the following purposes—
(i) for providing services for the education
or educational support of students of
State schools;
(ii) for the effective management of State
schools.
(3) The chief executive must ensure a list of all
approved online services is made available for
public inspection, without charge—
(a) during normal business hours at the
department’s head office; and
(b) on the department’s website.
(4) In this section—
bound contracted service provider see the
Information Privacy Act 2009, schedule 5.
disclose, information, see section 426(6).
personal information see section 426(6).
relevant information, about a student of a State
school, means personal information, other than
sensitive information, about the student that is
relevant to the provision, or use, of an approved
online service.
sensitive information see the Information
Privacy Act 2009, schedule 5.
service arrangement see the Information Privacy
Act 2009, section 34.
38 Insertion of new ch 20, pt 11, div 3
Chapter 20, part 11, as inserted by this Act—
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insert—
Division 3 Provisions commencing
by proclamation
548 Applications for enrolment—special schools
(1) This section applies if—
(a) before the commencement, an application
for enrolment of a prospective student at a
special school was made and referred to the
chief executive under former section 156(3);
and
(b) immediately before the commencement, the
application had not been—
(i) dealt with under section 167; or
(ii) referred back to the principal under
section 166(2) and decided by the
principal under former section 156; or
(iii) withdrawn.
(2) The application must be decided under former
chapter 8, part 1 as if the amendment Act had not
been enacted.
549 Existing applications for registration in
distance education kindergarten learning
program
(1) This section applies if—
(a) before the commencement, a person made
an application for the registration of a
kindergarten age child in a distance
education kindergarten learning program
under former section 419F; and
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