This regulation sets detailed administrative rules for State and non‑State schools: principals’ and staff duties, student enrolment and attendance, temporary removal and return of student property, use of school premises (including liquor permissions), parents-and-citizens associations, fees, reports and processes for closing school amenities or dissolving school councils. It matters because it allocates decision‑making authority (principal, chief executive, Minister), creates record‑keeping and fee obligations, and prescribes procedural safeguards and review rights for affected staff, students, parents and community associations.
This Regulation (Education (General Provisions) Regulation 2017) prescribes operational rules for State instructional institutions and related bodies, and replaces the 2006 Regulation (s 77). It commenced 1 September 2017 (s 2). Mechanically, it does the following.
Places clear statutory management duties on principals, including resource stewardship, student supervision, and educational performance monitoring (s 4). It requires principals to promote continuous evaluation and staff development, set and monitor behaviour standards, and provide effective student administration (s 4(2)-(3)).
Allocates staff management responsibilities to principals, including work allocation and reporting of known or suspected staff misconduct to the chief executive in writing (s 5). It allows principals to require staff to work outside allocated instruction periods where necessary and reasonable, including supervising students and attending meetings (s 6).
Establishes teacher duties, including performing principal‑allocated duties, engaging with extracurricular activities and undertaking professional development (s 7).
Authorises principals and staff to temporarily remove property from students for specified school‑management reasons, and prescribes return rules and exceptions where police seizure, ownership doubts or other circumstances apply (s 11-12).
Creates an administrative permission regime for use of State educational premises, including written applications to the chief executive, and special approval and conditions where liquor is to be taken onto premises (s 13-15). It cross‑references the Liquor Act 1992 and dry place rules under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 (s 13, s 15).
Current sections
Direct links to the current provisions in Education (General Provisions) Regulation 2017.
96
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This regulation may be cited as the Education (General Provisions) Regulation 2017 .
sec.2
Commencement
sec.2 Commencement
This regulation commences on 1 September 2017.
sec.3
Definitions
sec.3 Definitions
The dictionary in schedule 6 defines particular words used in this regulation.
pt.2
Management of State instructional institutions
Management of State instructional institutions
pt.2-div.1
Management generally
Management generally
sec.4
Management of State instructional institution
sec.4 Management of State instructional institution
The person in charge of a State instructional institution is its principal.
The principal must manage the institution in a way that—
ensures effective, efficient and appropriate management of public resources; and
promotes a caring, safe and supportive learning environment; and
supports and monitors the academic progress of all students of the institution.
Without limiting subsection (2) , the principal must—
promote educational practices at the institution that lead to the improvement of student learning outcomes; and
provide for the effective administration of matters relating to the students of the institution; and
promote organisational and staffing structures at the institution that encourage each staff member of the institution to become, and continue to be, skilled, confident and responsible in performing his or her role as the staff member; and
promote continuous evaluation and improvement of the institution’s operations and delivery of services; and
ensure the students of the school are effectively supervised; and
while the students of the school are under the principal’s care and control, take reasonable steps to ensure—
the required standard of behaviour of the students is clearly defined; and
the standard of behaviour of the students is monitored.
(sec.4-ssec.1) The person in charge of a State instructional institution is its principal.
(sec.4-ssec.2) The principal must manage the institution in a way that— ensures effective, efficient and appropriate management of public resources; and promotes a caring, safe and supportive learning environment; and supports and monitors the academic progress of all students of the institution.
(sec.4-ssec.3) Without limiting subsection (2) , the principal must— promote educational practices at the institution that lead to the improvement of student learning outcomes; and provide for the effective administration of matters relating to the students of the institution; and promote organisational and staffing structures at the institution that encourage each staff member of the institution to become, and continue to be, skilled, confident and responsible in performing his or her role as the staff member; and promote continuous evaluation and improvement of the institution’s operations and delivery of services; and ensure the students of the school are effectively supervised; and while the students of the school are under the principal’s care and control, take reasonable steps to ensure— the required standard of behaviour of the students is clearly defined; and the standard of behaviour of the students is monitored.
(a) ensures effective, efficient and appropriate management of public resources; and
(b) promotes a caring, safe and supportive learning environment; and
(c) supports and monitors the academic progress of all students of the institution.
(a) promote educational practices at the institution that lead to the improvement of student learning outcomes; and
(b) provide for the effective administration of matters relating to the students of the institution; and
(c) promote organisational and staffing structures at the institution that encourage each staff member of the institution to become, and continue to be, skilled, confident and responsible in performing his or her role as the staff member; and
(d) promote continuous evaluation and improvement of the institution’s operations and delivery of services; and
(e) ensure the students of the school are effectively supervised; and
(f) while the students of the school are under the principal’s care and control, take reasonable steps to ensure— (i) the required standard of behaviour of the students is clearly defined; and (ii) the standard of behaviour of the students is monitored.
(i) the required standard of behaviour of the students is clearly defined; and
(ii) the standard of behaviour of the students is monitored.
(i) the required standard of behaviour of the students is clearly defined; and
(ii) the standard of behaviour of the students is monitored.
sec.5
Management of staff members
sec.5 Management of staff members
The principal of a State instructional institution must—
allocate and supervise the work of each staff member of the institution; and
promptly report to the chief executive, in writing, known or suspected misconduct by a staff member of the institution; and
encourage teachers of the institution to use appropriate teaching techniques.
(a) allocate and supervise the work of each staff member of the institution; and
(b) promptly report to the chief executive, in writing, known or suspected misconduct by a staff member of the institution; and
(c) encourage teachers of the institution to use appropriate teaching techniques.
sec.6
Work of staff members outside period allocated for instruction
sec.6 Work of staff members outside period allocated for instruction
The principal of a State instructional institution may require a staff member of the institution to work, on a school day, outside the period allocated by the principal for instruction at the institution on the day, if the principal considers it necessary and reasonable in the circumstances.
Without limiting subsection (1) , the principal may require the staff member—
to attend a staff meeting, on a school day, outside that period; and
if the staff member is a teacher or teacher aide—to supervise the activities of students of the institution.
(sec.6-ssec.1) The principal of a State instructional institution may require a staff member of the institution to work, on a school day, outside the period allocated by the principal for instruction at the institution on the day, if the principal considers it necessary and reasonable in the circumstances.
(sec.6-ssec.2) Without limiting subsection (1) , the principal may require the staff member— to attend a staff meeting, on a school day, outside that period; and if the staff member is a teacher or teacher aide—to supervise the activities of students of the institution.
(a) to attend a staff meeting, on a school day, outside that period; and
(b) if the staff member is a teacher or teacher aide—to supervise the activities of students of the institution.
sec.7
Teachers to perform allocated duties
sec.7 Teachers to perform allocated duties
A teacher at a State instructional institution must—
perform the duties allocated to the teacher by the institution’s principal; and
take an active interest in extracurricular activities at the institution; and
engage in professional development activities.
(a) perform the duties allocated to the teacher by the institution’s principal; and
(b) take an active interest in extracurricular activities at the institution; and
(c) engage in professional development activities.
sec.8
Who is to assume functions and responsibilities of principal if principal absent
sec.8 Who is to assume functions and responsibilities of principal if principal absent
If the principal of a State instructional institution is absent from the institution, 1 of the following persons must assume the functions and responsibilities of the principal during the principal’s absence, until otherwise directed by the chief executive—
a deputy principal of the institution;
if the principal or the principal’s supervisor nominates another staff member of the institution to assume the functions and responsibilities—the other staff member.
(a) a deputy principal of the institution;
(b) if the principal or the principal’s supervisor nominates another staff member of the institution to assume the functions and responsibilities—the other staff member.
sec.9
Chief executive may give direction or guideline
sec.9 Chief executive may give direction or guideline
The chief executive may give a direction or guideline to a principal, teacher or other person about a function or power given to the principal, teacher or other person under this regulation.
The principal, teacher or other person must comply with the direction or guideline.
(sec.9-ssec.1) The chief executive may give a direction or guideline to a principal, teacher or other person about a function or power given to the principal, teacher or other person under this regulation.
(sec.9-ssec.2) The principal, teacher or other person must comply with the direction or guideline.
pt.2-div.2
Temporary removal of student’s property
Temporary removal of student’s property
sec.10
Definition for division
sec.10 Definition for division
In this division—
staff member , of a State school, means anyone employed by the department at the school.
sec.11
Power to remove property from student
sec.11 Power to remove property from student
The principal or a staff member of a State school may remove from a student at the school any property in the student’s possession if the principal or staff member is satisfied the removal is necessary—
to promote the caring, safe and supportive learning environment of the school; or
to maintain and foster mutual respect between staff members and students at the school; or
to encourage all students attending the school to take responsibility for their own behaviour and the consequences of their actions; or
to provide for the effective administration of matters relating to students of the school.
Under subsection (1) , the property may, for example, be removed from a student to ensure compliance with—
a policy or procedure for school discipline made under section 276 of the Act ; or
a direction or guideline given by the chief executive under the Act ; or
a policy approved, and implemented, by the chief executive under the Act .
(sec.11-ssec.1) The principal or a staff member of a State school may remove from a student at the school any property in the student’s possession if the principal or staff member is satisfied the removal is necessary— to promote the caring, safe and supportive learning environment of the school; or to maintain and foster mutual respect between staff members and students at the school; or to encourage all students attending the school to take responsibility for their own behaviour and the consequences of their actions; or to provide for the effective administration of matters relating to students of the school.
(sec.11-ssec.2) Under subsection (1) , the property may, for example, be removed from a student to ensure compliance with— a policy or procedure for school discipline made under section 276 of the Act ; or a direction or guideline given by the chief executive under the Act ; or a policy approved, and implemented, by the chief executive under the Act .
(a) to promote the caring, safe and supportive learning environment of the school; or
(b) to maintain and foster mutual respect between staff members and students at the school; or
(c) to encourage all students attending the school to take responsibility for their own behaviour and the consequences of their actions; or
(d) to provide for the effective administration of matters relating to students of the school.
(a) a policy or procedure for school discipline made under section 276 of the Act ; or
(b) a direction or guideline given by the chief executive under the Act ; or
(c) a policy approved, and implemented, by the chief executive under the Act .
sec.12
Return of removed property
sec.12 Return of removed property
The principal or staff member must, within a reasonable time after the property was removed from the student, make the property available for collection by—
the student; or
a parent of the student, if—
the student is a child; and
the principal considers it would be appropriate to make the property available for collection only by the parent considering—
the condition, nature and value of the property; and
the safety of the student, other students of the school and staff members of the school; and
the good management, administration and control of the school.
Subsection (1) (b) does not apply if the principal is satisfied it would be inappropriate in the circumstances to make the property available for collection by a parent of the student.
It may be inappropriate for the property to be made available for collection by a parent of the student if the student is living independently of his or her parents.
The principal or other staff member is not required to make the property available for collection under subsection (1) if—
a police officer has seized the property under the Police Powers and Responsibilities Act 2000 ; or
a police officer has indicated to a staff member of the school that a police officer will come to the school to investigate matters relating to the property, but no police officer has done so; or
the principal or other staff member knows, or suspects, the student is not the owner of the property; or
the principal or other staff member has made reasonable efforts to notify the student or a parent of the student that the property is available for collection, and has not been able to contact the student or a parent.
If the principal or staff member knows, or suspects, the student is not the owner of the property, the principal or staff member must make reasonable efforts to return the property to the owner.
In deciding what is a reasonable time for subsection (1) , the student or staff member must consider—
the condition, nature and value of the property; and
the circumstances in which the property was removed from the student; and
the safety of the student, other students of the school and staff members of the school; and
the good management, administration and control of the school.
The principal or other staff member must take reasonable care to ensure that property made available for collection under subsection (1) is in the same condition as it was in when the property was removed from the student.
(sec.12-ssec.1) The principal or staff member must, within a reasonable time after the property was removed from the student, make the property available for collection by— the student; or a parent of the student, if— the student is a child; and the principal considers it would be appropriate to make the property available for collection only by the parent considering— the condition, nature and value of the property; and the safety of the student, other students of the school and staff members of the school; and the good management, administration and control of the school.
(sec.12-ssec.2) Subsection (1) (b) does not apply if the principal is satisfied it would be inappropriate in the circumstances to make the property available for collection by a parent of the student. It may be inappropriate for the property to be made available for collection by a parent of the student if the student is living independently of his or her parents.
(sec.12-ssec.3) The principal or other staff member is not required to make the property available for collection under subsection (1) if— a police officer has seized the property under the Police Powers and Responsibilities Act 2000 ; or a police officer has indicated to a staff member of the school that a police officer will come to the school to investigate matters relating to the property, but no police officer has done so; or the principal or other staff member knows, or suspects, the student is not the owner of the property; or the principal or other staff member has made reasonable efforts to notify the student or a parent of the student that the property is available for collection, and has not been able to contact the student or a parent.
(sec.12-ssec.4) If the principal or staff member knows, or suspects, the student is not the owner of the property, the principal or staff member must make reasonable efforts to return the property to the owner.
(sec.12-ssec.5) In deciding what is a reasonable time for subsection (1) , the student or staff member must consider— the condition, nature and value of the property; and the circumstances in which the property was removed from the student; and the safety of the student, other students of the school and staff members of the school; and the good management, administration and control of the school.
(sec.12-ssec.6) The principal or other staff member must take reasonable care to ensure that property made available for collection under subsection (1) is in the same condition as it was in when the property was removed from the student.
(a) the student; or
(b) a parent of the student, if— (i) the student is a child; and (ii) the principal considers it would be appropriate to make the property available for collection only by the parent considering— (A) the condition, nature and value of the property; and (B) the safety of the student, other students of the school and staff members of the school; and (C) the good management, administration and control of the school.
(i) the student is a child; and
(ii) the principal considers it would be appropriate to make the property available for collection only by the parent considering— (A) the condition, nature and value of the property; and (B) the safety of the student, other students of the school and staff members of the school; and (C) the good management, administration and control of the school.
(A) the condition, nature and value of the property; and
(B) the safety of the student, other students of the school and staff members of the school; and
(C) the good management, administration and control of the school.
(i) the student is a child; and
(ii) the principal considers it would be appropriate to make the property available for collection only by the parent considering— (A) the condition, nature and value of the property; and (B) the safety of the student, other students of the school and staff members of the school; and (C) the good management, administration and control of the school.
(A) the condition, nature and value of the property; and
(B) the safety of the student, other students of the school and staff members of the school; and
(C) the good management, administration and control of the school.
(A) the condition, nature and value of the property; and
(B) the safety of the student, other students of the school and staff members of the school; and
(C) the good management, administration and control of the school.
(a) a police officer has seized the property under the Police Powers and Responsibilities Act 2000 ; or
(b) a police officer has indicated to a staff member of the school that a police officer will come to the school to investigate matters relating to the property, but no police officer has done so; or
(c) the principal or other staff member knows, or suspects, the student is not the owner of the property; or
(d) the principal or other staff member has made reasonable efforts to notify the student or a parent of the student that the property is available for collection, and has not been able to contact the student or a parent.
(a) the condition, nature and value of the property; and
(b) the circumstances in which the property was removed from the student; and
(c) the safety of the student, other students of the school and staff members of the school; and
(d) the good management, administration and control of the school.
pt.3
Property management
Property management
sec.13
Permission to use premises
sec.13 Permission to use premises
A person may apply to the chief executive for permission to use the premises of a State educational institution.
The application must—
be in writing; and
if the proposed use of the premises is for a social function at which liquor is to be consumed—include a request for permission to take liquor onto the premises.
The chief executive must, as soon as practicable after receiving the application, give the applicant notice of—
the chief executive’s decision on the application; and
if the application includes a request for permission to take liquor onto the premises—the chief executive’s decision on the request.
The chief executive can not give permission, under subsection (3) , to take liquor onto the premises if the premises are a dry place or a part of a dry place.
The permission may be subject to the conditions the chief executive considers appropriate.
This section applies subject to sections 14 and 15 .
In this section—
dry place see the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , section 27 .
(sec.13-ssec.1) A person may apply to the chief executive for permission to use the premises of a State educational institution.
(sec.13-ssec.2) The application must— be in writing; and if the proposed use of the premises is for a social function at which liquor is to be consumed—include a request for permission to take liquor onto the premises.
(sec.13-ssec.3) The chief executive must, as soon as practicable after receiving the application, give the applicant notice of— the chief executive’s decision on the application; and if the application includes a request for permission to take liquor onto the premises—the chief executive’s decision on the request.
(sec.13-ssec.4) The chief executive can not give permission, under subsection (3) , to take liquor onto the premises if the premises are a dry place or a part of a dry place.
(sec.13-ssec.5) The permission may be subject to the conditions the chief executive considers appropriate.
(sec.13-ssec.6) This section applies subject to sections 14 and 15 .
(sec.13-ssec.7) In this section— dry place see the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , section 27 .
(a) be in writing; and
(b) if the proposed use of the premises is for a social function at which liquor is to be consumed—include a request for permission to take liquor onto the premises.
(a) the chief executive’s decision on the application; and
(b) if the application includes a request for permission to take liquor onto the premises—the chief executive’s decision on the request.
sec.14
Agreement of association required
sec.14 Agreement of association required
This section applies if—
a person makes an application under section 13 (1) for permission to use the premises of a State instructional institution; and
the application includes a request, under section 13 (2) (b) , for permission to take liquor onto the premises; and
an association has been formed for the institution.
The chief executive may give permission, under section 13 (3) , to take liquor onto the premises only if the association has agreed to—
liquor being taken onto the premises for consumption during the social function; and
any conditions the chief executive proposes to impose under section 13 (5) .
(sec.14-ssec.1) This section applies if— a person makes an application under section 13 (1) for permission to use the premises of a State instructional institution; and the application includes a request, under section 13 (2) (b) , for permission to take liquor onto the premises; and an association has been formed for the institution.
(sec.14-ssec.2) The chief executive may give permission, under section 13 (3) , to take liquor onto the premises only if the association has agreed to— liquor being taken onto the premises for consumption during the social function; and any conditions the chief executive proposes to impose under section 13 (5) .
(a) a person makes an application under section 13 (1) for permission to use the premises of a State instructional institution; and
(b) the application includes a request, under section 13 (2) (b) , for permission to take liquor onto the premises; and
(c) an association has been formed for the institution.
(a) liquor being taken onto the premises for consumption during the social function; and
(b) any conditions the chief executive proposes to impose under section 13 (5) .
sec.15
Permission to take liquor of a particular type onto particular premises that are in restricted area
sec.15 Permission to take liquor of a particular type onto particular premises that are in restricted area
The chief executive may give permission, under section 13 (3) , for a person to take liquor of a particular type onto particular premises, in a restricted area, only if—
the person holds a restricted area permit authorising the person to possess in the restricted area, for the purpose of the social function for which the permission is requested, more than the prescribed quantity of that type of liquor for the area; or
otherwise—the permission is subject to the condition that the quantity of that type of liquor the person may take onto the premises is not more than the prescribed quantity of that type of liquor for the restricted area.
If the chief executive gives a person permission under section 13 (3) , and subsection (1) (a) applies to the person, the permission applies—
only for the times, and on the day or days, stated in the restricted area permit; and
only during the period stated in the restricted area permit; and
subject to the Liquor Act 1992 and any conditions on which the restricted area permit is held by the person.
In this section—
prescribed quantity of type of liquor , for a restricted area, means the quantity of that type of liquor stated in a regulation made under the Liquor Act 1992 , section 173H that a person may have in possession in the area without a restricted area permit.
restricted area means an area declared under the Liquor Act 1992 , section 173G (1) to be a restricted area.
restricted area permit means a restricted area permit granted under the Liquor Act 1992 .
(sec.15-ssec.1) The chief executive may give permission, under section 13 (3) , for a person to take liquor of a particular type onto particular premises, in a restricted area, only if— the person holds a restricted area permit authorising the person to possess in the restricted area, for the purpose of the social function for which the permission is requested, more than the prescribed quantity of that type of liquor for the area; or otherwise—the permission is subject to the condition that the quantity of that type of liquor the person may take onto the premises is not more than the prescribed quantity of that type of liquor for the restricted area.
(sec.15-ssec.2) If the chief executive gives a person permission under section 13 (3) , and subsection (1) (a) applies to the person, the permission applies— only for the times, and on the day or days, stated in the restricted area permit; and only during the period stated in the restricted area permit; and subject to the Liquor Act 1992 and any conditions on which the restricted area permit is held by the person.
(sec.15-ssec.3) In this section— prescribed quantity of type of liquor , for a restricted area, means the quantity of that type of liquor stated in a regulation made under the Liquor Act 1992 , section 173H that a person may have in possession in the area without a restricted area permit. restricted area means an area declared under the Liquor Act 1992 , section 173G (1) to be a restricted area. restricted area permit means a restricted area permit granted under the Liquor Act 1992 .
(a) the person holds a restricted area permit authorising the person to possess in the restricted area, for the purpose of the social function for which the permission is requested, more than the prescribed quantity of that type of liquor for the area; or
(b) otherwise—the permission is subject to the condition that the quantity of that type of liquor the person may take onto the premises is not more than the prescribed quantity of that type of liquor for the restricted area.
(a) only for the times, and on the day or days, stated in the restricted area permit; and
(b) only during the period stated in the restricted area permit; and
(c) subject to the Liquor Act 1992 and any conditions on which the restricted area permit is held by the person.
sec.16
Care for property
sec.16 Care for property
This section applies to the following persons—
the principal, or a deputy principal or staff member, of a State instructional institution;
a person who is in control of, or responsible for managing, a State educational institution’s property.
A person to whom this section applies must take reasonable steps to care for the institution’s property.
In this section—
property means property that is, or forms part of, the premises or equipment of the institution.
(sec.16-ssec.1) This section applies to the following persons— the principal, or a deputy principal or staff member, of a State instructional institution; a person who is in control of, or responsible for managing, a State educational institution’s property.
(sec.16-ssec.2) A person to whom this section applies must take reasonable steps to care for the institution’s property.
(sec.16-ssec.3) In this section— property means property that is, or forms part of, the premises or equipment of the institution.
(a) the principal, or a deputy principal or staff member, of a State instructional institution;
(b) a person who is in control of, or responsible for managing, a State educational institution’s property.
pt.4
Administration of students
Administration of students
sec.17
Age for enrolment in preparatory year
sec.17 Age for enrolment in preparatory year
The principal of a State school, or non-State school, may enrol a child in the preparatory year at the school only if the child will be at least 5 years and 6 months on 31 December in the proposed year of attendance at the school.
A child who turns 5 on or before 30 June in a year will be at least 5 years and 6 months on 31 December in that year.
However, the principal may enrol a child in the preparatory year at the school if—
the child will be at least 5 years and 5 months on 31 December in the proposed year of attendance at the school; and
A child who turns 5 on or before 31 July in a year will be at least 5 years and 5 months on 31 December in that year.
the principal is satisfied the child is ready for education in the preparatory year, considering the child’s attributes.
Also, the principal may enrol a child in the preparatory year at the school, regardless of the child’s age, if the principal is satisfied the child—
had started education in another State or country that is equivalent to the preparatory year; and
is ready for education in the preparatory year, considering the child’s attributes.
This section applies subject to chapter 8 of the Act .
(sec.17-ssec.1) The principal of a State school, or non-State school, may enrol a child in the preparatory year at the school only if the child will be at least 5 years and 6 months on 31 December in the proposed year of attendance at the school. A child who turns 5 on or before 30 June in a year will be at least 5 years and 6 months on 31 December in that year.
(sec.17-ssec.2) However, the principal may enrol a child in the preparatory year at the school if— the child will be at least 5 years and 5 months on 31 December in the proposed year of attendance at the school; and A child who turns 5 on or before 31 July in a year will be at least 5 years and 5 months on 31 December in that year. the principal is satisfied the child is ready for education in the preparatory year, considering the child’s attributes.
(sec.17-ssec.3) Also, the principal may enrol a child in the preparatory year at the school, regardless of the child’s age, if the principal is satisfied the child— had started education in another State or country that is equivalent to the preparatory year; and is ready for education in the preparatory year, considering the child’s attributes.
(sec.17-ssec.4) This section applies subject to chapter 8 of the Act .
(a) the child will be at least 5 years and 5 months on 31 December in the proposed year of attendance at the school; and Example— A child who turns 5 on or before 31 July in a year will be at least 5 years and 5 months on 31 December in that year.
(b) the principal is satisfied the child is ready for education in the preparatory year, considering the child’s attributes.
(a) had started education in another State or country that is equivalent to the preparatory year; and
(b) is ready for education in the preparatory year, considering the child’s attributes.
sec.18
Age for enrolment in years 1 to 6
sec.18 Age for enrolment in years 1 to 6
The principal of a State school, or non-State school, may enrol a child in a year of schooling from years 1 to 6 at the school only if the child will be at least 6 years and 6 months on 31 December in the proposed year of attendance at the school.
A child who turns 6 on or before 30 June in a year will be at least 6 years and 6 months on 31 December in that year.
However, the principal may enrol a child in a year of schooling from years 1 to 6 at the school, regardless of the child’s age, if the principal is satisfied the child is ready for education in the year of schooling, considering the child’s attributes.
This section applies subject to chapter 8 of the Act .
(sec.18-ssec.1) The principal of a State school, or non-State school, may enrol a child in a year of schooling from years 1 to 6 at the school only if the child will be at least 6 years and 6 months on 31 December in the proposed year of attendance at the school. A child who turns 6 on or before 30 June in a year will be at least 6 years and 6 months on 31 December in that year.
(sec.18-ssec.2) However, the principal may enrol a child in a year of schooling from years 1 to 6 at the school, regardless of the child’s age, if the principal is satisfied the child is ready for education in the year of schooling, considering the child’s attributes.
(sec.18-ssec.3) This section applies subject to chapter 8 of the Act .
sec.19
Documentary evidence of date of birth or parentage
sec.19 Documentary evidence of date of birth or parentage
If asked by the principal of a State school, documentary evidence of the date of birth of a student of the school must be given to the principal by—
if the student is a child—a parent of the student; or
if the student is an adult—the student.
Despite subsection (1) (a) , if the student is a child, the principal may ask the student for the documentary evidence if the principal is satisfied it would be inappropriate in the circumstances for a parent of the student to give the evidence.
It may be inappropriate for a parent of the student to give the evidence if the student is living independently of his or her parents.
If the principal asks the student for the documentary evidence, the student must give the evidence to the principal.
If asked by the principal of a State school, a person who claims to be a parent of a student, who is a child, of the school must give the principal documentary evidence of the person’s parentage of the student.
In this section—
student includes prospective student.
(sec.19-ssec.1) If asked by the principal of a State school, documentary evidence of the date of birth of a student of the school must be given to the principal by— if the student is a child—a parent of the student; or if the student is an adult—the student.
(sec.19-ssec.2) Despite subsection (1) (a) , if the student is a child, the principal may ask the student for the documentary evidence if the principal is satisfied it would be inappropriate in the circumstances for a parent of the student to give the evidence. It may be inappropriate for a parent of the student to give the evidence if the student is living independently of his or her parents.
(sec.19-ssec.3) If the principal asks the student for the documentary evidence, the student must give the evidence to the principal.
(sec.19-ssec.4) If asked by the principal of a State school, a person who claims to be a parent of a student, who is a child, of the school must give the principal documentary evidence of the person’s parentage of the student.
(sec.19-ssec.5) In this section— student includes prospective student.
(a) if the student is a child—a parent of the student; or
(b) if the student is an adult—the student.
sec.20
Absences to be recorded
sec.20 Absences to be recorded
If a student of a State school is absent from school, the school’s principal must record the absence in the way decided by the chief executive.
sec.21
Meaning of unexplained absence
sec.21 Meaning of unexplained absence
If a student of a State school is absent from school, the absence is an unexplained absence if the principal, or a staff member, of the school has not been informed that the student will be absent and the reason for the absence, or the reason the student is or was absent, by—
if the student is a child—a parent of the student; or
if the student is an adult—the student.
Despite subsection (1) (a) , if the student is a child, the student may inform the principal or a staff member of the school about the absence if the principal is satisfied it would be inappropriate in the circumstances for a parent of the student to inform the principal or a staff member of the school about the absence.
It may be inappropriate for a parent of the student to inform the principal or a staff member of the school about the absence if the student is living independently of his or her parents.
(sec.21-ssec.1) If a student of a State school is absent from school, the absence is an unexplained absence if the principal, or a staff member, of the school has not been informed that the student will be absent and the reason for the absence, or the reason the student is or was absent, by— if the student is a child—a parent of the student; or if the student is an adult—the student.
(sec.21-ssec.2) Despite subsection (1) (a) , if the student is a child, the student may inform the principal or a staff member of the school about the absence if the principal is satisfied it would be inappropriate in the circumstances for a parent of the student to inform the principal or a staff member of the school about the absence. It may be inappropriate for a parent of the student to inform the principal or a staff member of the school about the absence if the student is living independently of his or her parents.
(a) if the student is a child—a parent of the student; or
(b) if the student is an adult—the student.
sec.22
Reporting unexplained absences
sec.22 Reporting unexplained absences
This section applies if—
a student of a State school is absent from school; and
the absence is an unexplained absence.
If the student is a child, the school’s principal must inform a parent of the student about the absence and ask the parent the reason for the absence.
Subsection (2) does not apply to the student if the principal is satisfied it would be inappropriate in the circumstances to inform a parent of the student about the absence.
It may be inappropriate to inform a parent of the student about the absence if the student is living independently of his or her parents.
The principal must ask the student the reason for the unexplained absence if—
the student is a child and subsection (2) does not apply to the student; or
the student is an adult.
The principal may report an absence to a relevant authority if—
either—
the absence is an unexplained absence; or
the absence was an unexplained absence and the principal asked the reason for the absence under subsection (2) or (4) ; and
the principal considers it is appropriate to do so.
In this section—
relevant authority means an entity of the State to whom it is appropriate to report an unexplained absence, including, for example, a police officer and the department in which the Child Protection Act 1999 is administered.
(sec.22-ssec.1) This section applies if— a student of a State school is absent from school; and the absence is an unexplained absence.
(sec.22-ssec.2) If the student is a child, the school’s principal must inform a parent of the student about the absence and ask the parent the reason for the absence.
(sec.22-ssec.3) Subsection (2) does not apply to the student if the principal is satisfied it would be inappropriate in the circumstances to inform a parent of the student about the absence. It may be inappropriate to inform a parent of the student about the absence if the student is living independently of his or her parents.
(sec.22-ssec.4) The principal must ask the student the reason for the unexplained absence if— the student is a child and subsection (2) does not apply to the student; or the student is an adult.
(sec.22-ssec.5) The principal may report an absence to a relevant authority if— either— the absence is an unexplained absence; or the absence was an unexplained absence and the principal asked the reason for the absence under subsection (2) or (4) ; and the principal considers it is appropriate to do so.
(sec.22-ssec.6) In this section— relevant authority means an entity of the State to whom it is appropriate to report an unexplained absence, including, for example, a police officer and the department in which the Child Protection Act 1999 is administered.
(a) a student of a State school is absent from school; and
(b) the absence is an unexplained absence.
(a) the student is a child and subsection (2) does not apply to the student; or
(b) the student is an adult.
(a) either— (i) the absence is an unexplained absence; or (ii) the absence was an unexplained absence and the principal asked the reason for the absence under subsection (2) or (4) ; and
(i) the absence is an unexplained absence; or
(ii) the absence was an unexplained absence and the principal asked the reason for the absence under subsection (2) or (4) ; and
(b) the principal considers it is appropriate to do so.
(i) the absence is an unexplained absence; or
(ii) the absence was an unexplained absence and the principal asked the reason for the absence under subsection (2) or (4) ; and
sec.23
Other absences—principal may ask for clarification of reason for absence
sec.23 Other absences—principal may ask for clarification of reason for absence
This section applies if—
a student of a State school is absent from school; and
the absence is not an unexplained absence; and
the principal of the school is not satisfied about the reason for the absence.
If the student is a child, the principal may ask a parent of the student the reason for the absence.
Subsection (2) does not apply to the student if the principal is satisfied it would be inappropriate in the circumstances to ask a parent of the student the reason for the absence.
It may be inappropriate to ask a parent of the student the reason for the student’s absence if the student is living independently of his or her parents.
The principal may ask the student the reason for the absence if—
the student is a child and subsection (2) does not apply to the student; or
the student is an adult.
(sec.23-ssec.1) This section applies if— a student of a State school is absent from school; and the absence is not an unexplained absence; and the principal of the school is not satisfied about the reason for the absence.
(sec.23-ssec.2) If the student is a child, the principal may ask a parent of the student the reason for the absence.
(sec.23-ssec.3) Subsection (2) does not apply to the student if the principal is satisfied it would be inappropriate in the circumstances to ask a parent of the student the reason for the absence. It may be inappropriate to ask a parent of the student the reason for the student’s absence if the student is living independently of his or her parents.
(sec.23-ssec.4) The principal may ask the student the reason for the absence if— the student is a child and subsection (2) does not apply to the student; or the student is an adult.
(a) a student of a State school is absent from school; and
(b) the absence is not an unexplained absence; and
(c) the principal of the school is not satisfied about the reason for the absence.
(a) the student is a child and subsection (2) does not apply to the student; or
(b) the student is an adult.
sec.24
Homework
sec.24 Homework
A teacher at a State school may require a student of the school to complete homework.
The school’s principal may decide what is a reasonable amount of homework to be completed by a student of the school for each year of schooling offered at the school.
In deciding what is a reasonable amount of homework under subsection (2) , the principal must have regard to any homework policy developed and implemented by the principal under section 427 (2) (f) of the Act .
(sec.24-ssec.1) A teacher at a State school may require a student of the school to complete homework.
(sec.24-ssec.2) The school’s principal may decide what is a reasonable amount of homework to be completed by a student of the school for each year of schooling offered at the school.
(sec.24-ssec.3) In deciding what is a reasonable amount of homework under subsection (2) , the principal must have regard to any homework policy developed and implemented by the principal under section 427 (2) (f) of the Act .
sec.25
Transfer note— Act , s 384
sec.25 Transfer note— Act , s 384
For section 384 (1) of the Act , each type of information as follows about a former student or continuing student of a State school or non-State school is prescribed—
student-identifying information;
medical details;
school details;
level of schooling;
allocation of State education;
school attendance;
educational performance;
educational support;
behavioural issues;
any of the following made under a law of a State, the Commonwealth or a place outside Australia—
an order about the person with whom the student is to live, including, for example, a custody order or residence order;
a guardianship order, including, for example, an order appointing a guardian for the student or an order appointing a guardian for a matter for the student.
(a) student-identifying information;
(b) medical details;
(c) school details;
(d) level of schooling;
(e) allocation of State education;
(f) school attendance;
(g) educational performance;
(h) educational support;
(i) behavioural issues;
(j) any of the following made under a law of a State, the Commonwealth or a place outside Australia— (i) an order about the person with whom the student is to live, including, for example, a custody order or residence order; (ii) a guardianship order, including, for example, an order appointing a guardian for the student or an order appointing a guardian for a matter for the student.
(i) an order about the person with whom the student is to live, including, for example, a custody order or residence order;
(ii) a guardianship order, including, for example, an order appointing a guardian for the student or an order appointing a guardian for a matter for the student.
(i) an order about the person with whom the student is to live, including, for example, a custody order or residence order;
(ii) a guardianship order, including, for example, an order appointing a guardian for the student or an order appointing a guardian for a matter for the student.
pt.5
Religious instruction
Religious instruction
sec.26
Application for approval as accredited representative
sec.26 Application for approval as accredited representative
An application under section 76 (1) of the Act for approval as an accredited representative of a religious denomination or society must be in writing.
sec.27
Approval to be produced
sec.27 Approval to be produced
If asked by the principal of a State school, an approved accredited representative at the State school must produce to the principal an approval given to the representative under section 76 (1) of the Act .
sec.28
Authorised religious instruction
sec.28 Authorised religious instruction
A religious instructor may give only religious instruction approved by the religious denomination or society the instructor represents.
sec.29
Period for religious instruction
sec.29 Period for religious instruction
The principal of a State school must fix the period, during school hours, in which religious instruction at the school may be given each week.
sec.30
Attendance by students at religious instruction
sec.30 Attendance by students at religious instruction
The principal of a State school must not allow a student of the school to attend religious instruction given by a religious instructor, other than of a religious denomination or society of which the student is a member, unless a parent of the student has given written consent.
However, students may attend classes arranged for students of more than 1 religious denomination or society by agreement of the ministers of those denominations or societies.
(sec.30-ssec.1) The principal of a State school must not allow a student of the school to attend religious instruction given by a religious instructor, other than of a religious denomination or society of which the student is a member, unless a parent of the student has given written consent.
(sec.30-ssec.2) However, students may attend classes arranged for students of more than 1 religious denomination or society by agreement of the ministers of those denominations or societies.
sec.31
Students withdrawn from all religious instruction
sec.31 Students withdrawn from all religious instruction
The principal of a State school must arrange for a student who, under section 76 (5) of the Act , has been withdrawn by a parent of the student from all religious instruction in the school to receive other instruction in a separate location during the period arranged for religious instruction.
sec.32
Register of religious instructors
sec.32 Register of religious instructors
The principal of a State school must keep a register of each religious instructor who attends the school and the dates and times of each attendance.
sec.33
Selected Bible lessons— Act , s 76
sec.33 Selected Bible lessons— Act , s 76
The principal of a State primary school or State special school may arrange a period of one-half hour in each week, during school hours, for religious instruction in selected Bible lessons.
sec.34
Prohibition on bringing onto, using on or leaving at premises of State school particular documents
sec.34 Prohibition on bringing onto, using on or leaving at premises of State school particular documents
A person, other than a religious instructor, must not bring onto, use on or leave at the premises of a State school a publication of a religious denomination or society.
A religious instructor must not leave at the premises of a State school a publication of a religious denomination or society.
(sec.34-ssec.1) A person, other than a religious instructor, must not bring onto, use on or leave at the premises of a State school a publication of a religious denomination or society.
(sec.34-ssec.2) A religious instructor must not leave at the premises of a State school a publication of a religious denomination or society.
pt.6
Parents and citizens associations
Parents and citizens associations
sec.35
Formation of parents and citizens association— Act , s 118
sec.35 Formation of parents and citizens association— Act , s 118
The principal of a State instructional institution may call a meeting of eligible persons to consider the formation of a parents and citizens association for the institution.
If the eligible persons present at the meeting decide a parents and citizens association should be formed for the institution, the parents and citizens association must be formed by the election, from among the eligible persons, of the following officers—
a president;
at least 1 vice-president;
a secretary;
a treasurer;
any additional officers, as decided by the eligible persons present at the meeting.
The meeting may be held, and eligible persons may take part in the meeting by, using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meeting.
teleconferencing, videoconferencing
A person who takes part in the meeting under subsection (3) is taken to be present at the meeting.
In this section—
eligible person , in relation to a State instructional institution, means a person who under section 118 of the Act is eligible to be a member of a parents and citizens association formed for the institution.
s 35 amd 2022 SL No. 135 s 6
(sec.35-ssec.1) The principal of a State instructional institution may call a meeting of eligible persons to consider the formation of a parents and citizens association for the institution.
(sec.35-ssec.2) If the eligible persons present at the meeting decide a parents and citizens association should be formed for the institution, the parents and citizens association must be formed by the election, from among the eligible persons, of the following officers— a president; at least 1 vice-president; a secretary; a treasurer; any additional officers, as decided by the eligible persons present at the meeting.
(sec.35-ssec.3) The meeting may be held, and eligible persons may take part in the meeting by, using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meeting. teleconferencing, videoconferencing
(sec.35-ssec.4) A person who takes part in the meeting under subsection (3) is taken to be present at the meeting.
(sec.35-ssec.5) In this section— eligible person , in relation to a State instructional institution, means a person who under section 118 of the Act is eligible to be a member of a parents and citizens association formed for the institution.
(a) a president;
(b) at least 1 vice-president;
(c) a secretary;
(d) a treasurer;
(e) any additional officers, as decided by the eligible persons present at the meeting.
sec.36
Formation of interim parents and citizens association— Act , s 119
sec.36 Formation of interim parents and citizens association— Act , s 119
If an interim parents and citizens association is to be formed for a proposed State instructional institution, it must be formed in the way a parents and citizen association must be formed under section 35 , as if it were a parents and citizens association.
However—
the meeting of eligible persons to consider the formation of the interim parents and citizens association may be called by the chief executive; and
for subsection (1) , eligible person , in relation to a proposed State instructional institution, means a person who under section 119 of the Act is eligible to be a member of an interim parents and citizens association formed for the proposed State instructional institution.
(sec.36-ssec.1) If an interim parents and citizens association is to be formed for a proposed State instructional institution, it must be formed in the way a parents and citizen association must be formed under section 35 , as if it were a parents and citizens association.
(sec.36-ssec.2) However— the meeting of eligible persons to consider the formation of the interim parents and citizens association may be called by the chief executive; and for subsection (1) , eligible person , in relation to a proposed State instructional institution, means a person who under section 119 of the Act is eligible to be a member of an interim parents and citizens association formed for the proposed State instructional institution.
(a) the meeting of eligible persons to consider the formation of the interim parents and citizens association may be called by the chief executive; and
(b) for subsection (1) , eligible person , in relation to a proposed State instructional institution, means a person who under section 119 of the Act is eligible to be a member of an interim parents and citizens association formed for the proposed State instructional institution.
sec.37
Name of association
sec.37 Name of association
A parents and citizens association must be known by the name the (name of State instructional institution) Parents and Citizens Association.
An interim parents and citizens association must be known by the name the (name of proposed State instructional institution) Interim Parents and Citizens Association.
(sec.37-ssec.1) A parents and citizens association must be known by the name the (name of State instructional institution) Parents and Citizens Association.
(sec.37-ssec.2) An interim parents and citizens association must be known by the name the (name of proposed State instructional institution) Interim Parents and Citizens Association.
sec.38
Adoption of constitution— Act , s 131
sec.38 Adoption of constitution— Act , s 131
The members of an association must adopt a constitution for the association as soon as practicable after the association is formed.
The association’s constitution must include provisions about the following—
the conduct of annual general meetings, general meetings, and special meetings, of the association;
the functions of the association’s officers;
the procedures about the association’s accounts.
The chief executive may prepare a model constitution for associations.
In adopting a constitution for an association, the members of the association must consider the model constitution for associations, if any, prepared under subsection (3) .
(sec.38-ssec.1) The members of an association must adopt a constitution for the association as soon as practicable after the association is formed.
(sec.38-ssec.2) The association’s constitution must include provisions about the following— the conduct of annual general meetings, general meetings, and special meetings, of the association; the functions of the association’s officers; the procedures about the association’s accounts.
(sec.38-ssec.3) The chief executive may prepare a model constitution for associations.
(sec.38-ssec.4) In adopting a constitution for an association, the members of the association must consider the model constitution for associations, if any, prepared under subsection (3) .
(a) the conduct of annual general meetings, general meetings, and special meetings, of the association;
(b) the functions of the association’s officers;
(c) the procedures about the association’s accounts.
sec.39
Amendment of constitution— Act , s 131
sec.39 Amendment of constitution— Act , s 131
An association may resolve to amend its constitution by a resolution passed by a majority of its members present at an annual general meeting, or special meeting, of the association.
In preparing a proposed amendment of its constitution, an association must consider the model constitution for associations, if any, prepared under section 38 (3) .
(sec.39-ssec.1) An association may resolve to amend its constitution by a resolution passed by a majority of its members present at an annual general meeting, or special meeting, of the association.
(sec.39-ssec.2) In preparing a proposed amendment of its constitution, an association must consider the model constitution for associations, if any, prepared under section 38 (3) .
sec.40
Membership of association
sec.40 Membership of association
A person who applies for membership of an association is taken to be a member if membership is not refused by the association within 2 months after the person applies for membership.
A person is refused membership of an association if the association gives the person notice of the refusal and the reasons for the refusal within 2 months after the person applies for membership.
However, membership is not refused if the person receives notice of the association’s refusal of the application, but does not receive notice of the reasons for the refusal, within 2 months after the person applies for membership.
(sec.40-ssec.1) A person who applies for membership of an association is taken to be a member if membership is not refused by the association within 2 months after the person applies for membership.
(sec.40-ssec.2) A person is refused membership of an association if the association gives the person notice of the refusal and the reasons for the refusal within 2 months after the person applies for membership.
(sec.40-ssec.3) However, membership is not refused if the person receives notice of the association’s refusal of the application, but does not receive notice of the reasons for the refusal, within 2 months after the person applies for membership.
sec.41
Register of members— Act , s 140
sec.41 Register of members— Act , s 140
The register of members of an association must contain the following information—
the name and postal address or email address of each member of the association;
the date each member of the association became a member;
for a person who stops being a member of the association—the date the person stopped being a member.
If an association has been formed for a State school, the register of members of the association must also contain 1 of the following for each member of the association who is not a parent of a student attending the school—
the member’s date of birth;
a record that the member has stated the member is 18 years or more;
a record by the association’s secretary, or any other person responsible for making entries in the register of members, that the member appears to be 18 years or more.
If an association has been formed for an educational institution established under section 14 of the Act , the register of members of the association must also contain 1 of the following for each member of the association who is not a staff member of the institution—
the member’s date of birth;
a record that the member has stated the member is 18 years or more;
a record by the association’s secretary, or another person responsible for making entries in the register of members, that the member appears to be 18 years or more.
The register of members of an association, other than an interim parents and citizens association, must also contain the following information about a person who is an honorary life member of the association—
the date the person was awarded honorary life membership of the association;
the basis for the award.
(sec.41-ssec.1) The register of members of an association must contain the following information— the name and postal address or email address of each member of the association; the date each member of the association became a member; for a person who stops being a member of the association—the date the person stopped being a member.
(sec.41-ssec.2) If an association has been formed for a State school, the register of members of the association must also contain 1 of the following for each member of the association who is not a parent of a student attending the school— the member’s date of birth; a record that the member has stated the member is 18 years or more; a record by the association’s secretary, or any other person responsible for making entries in the register of members, that the member appears to be 18 years or more.
(sec.41-ssec.3) If an association has been formed for an educational institution established under section 14 of the Act , the register of members of the association must also contain 1 of the following for each member of the association who is not a staff member of the institution— the member’s date of birth; a record that the member has stated the member is 18 years or more; a record by the association’s secretary, or another person responsible for making entries in the register of members, that the member appears to be 18 years or more.
(sec.41-ssec.4) The register of members of an association, other than an interim parents and citizens association, must also contain the following information about a person who is an honorary life member of the association— the date the person was awarded honorary life membership of the association; the basis for the award.
(a) the name and postal address or email address of each member of the association;
(b) the date each member of the association became a member;
(c) for a person who stops being a member of the association—the date the person stopped being a member.
(a) the member’s date of birth;
(b) a record that the member has stated the member is 18 years or more;
(c) a record by the association’s secretary, or any other person responsible for making entries in the register of members, that the member appears to be 18 years or more.
(a) the member’s date of birth;
(b) a record that the member has stated the member is 18 years or more;
(c) a record by the association’s secretary, or another person responsible for making entries in the register of members, that the member appears to be 18 years or more.
(a) the date the person was awarded honorary life membership of the association;
(b) the basis for the award.
sec.42
Election of officers— Act , s 123
sec.42 Election of officers— Act , s 123
At each annual general meeting of an association, members of the association at the meeting must elect officers of the association.
An officer may only be elected as follows—
any 2 members (the nominating members ) may nominate any other member (the candidate ) to be the officer;
the nomination may be made—
at the annual general meeting; or
if the candidate can not be at the annual general meeting, by giving the secretary, before the meeting, a nomination in writing signed by the nominating members and the candidate;
if there is only 1 nomination for the office—the candidate is elected to the office if the candidate receives the votes of a majority of the members at the meeting;
if there is more than 1 nomination for the office—
if 1 candidate receives the most votes, the candidate is elected to the office; or
if 2 or more candidates each receive an equal number of votes, that are more than those received by any other single candidate, the candidate elected to the office must be decided, at the meeting, by lot between the 2 or more candidates; or
if each candidate receives an equal number of votes, the candidate elected to the office must be decided, at the meeting, by lot between all candidates.
A retiring officer of the association is eligible for re-election.
An election to fill a casual vacancy in the office of an officer of an association may be held at a general meeting of the association.
(sec.42-ssec.1) At each annual general meeting of an association, members of the association at the meeting must elect officers of the association.
(sec.42-ssec.2) An officer may only be elected as follows— any 2 members (the nominating members ) may nominate any other member (the candidate ) to be the officer; the nomination may be made— at the annual general meeting; or if the candidate can not be at the annual general meeting, by giving the secretary, before the meeting, a nomination in writing signed by the nominating members and the candidate; if there is only 1 nomination for the office—the candidate is elected to the office if the candidate receives the votes of a majority of the members at the meeting; if there is more than 1 nomination for the office— if 1 candidate receives the most votes, the candidate is elected to the office; or if 2 or more candidates each receive an equal number of votes, that are more than those received by any other single candidate, the candidate elected to the office must be decided, at the meeting, by lot between the 2 or more candidates; or if each candidate receives an equal number of votes, the candidate elected to the office must be decided, at the meeting, by lot between all candidates.
(sec.42-ssec.3) A retiring officer of the association is eligible for re-election.
(sec.42-ssec.4) An election to fill a casual vacancy in the office of an officer of an association may be held at a general meeting of the association.
(a) any 2 members (the nominating members ) may nominate any other member (the candidate ) to be the officer;
(b) the nomination may be made— (i) at the annual general meeting; or (ii) if the candidate can not be at the annual general meeting, by giving the secretary, before the meeting, a nomination in writing signed by the nominating members and the candidate;
(i) at the annual general meeting; or
(ii) if the candidate can not be at the annual general meeting, by giving the secretary, before the meeting, a nomination in writing signed by the nominating members and the candidate;
(c) if there is only 1 nomination for the office—the candidate is elected to the office if the candidate receives the votes of a majority of the members at the meeting;
(d) if there is more than 1 nomination for the office— (i) if 1 candidate receives the most votes, the candidate is elected to the office; or (ii) if 2 or more candidates each receive an equal number of votes, that are more than those received by any other single candidate, the candidate elected to the office must be decided, at the meeting, by lot between the 2 or more candidates; or (iii) if each candidate receives an equal number of votes, the candidate elected to the office must be decided, at the meeting, by lot between all candidates.
(i) if 1 candidate receives the most votes, the candidate is elected to the office; or
(ii) if 2 or more candidates each receive an equal number of votes, that are more than those received by any other single candidate, the candidate elected to the office must be decided, at the meeting, by lot between the 2 or more candidates; or
(iii) if each candidate receives an equal number of votes, the candidate elected to the office must be decided, at the meeting, by lot between all candidates.
(i) at the annual general meeting; or
(ii) if the candidate can not be at the annual general meeting, by giving the secretary, before the meeting, a nomination in writing signed by the nominating members and the candidate;
(i) if 1 candidate receives the most votes, the candidate is elected to the office; or
(ii) if 2 or more candidates each receive an equal number of votes, that are more than those received by any other single candidate, the candidate elected to the office must be decided, at the meeting, by lot between the 2 or more candidates; or
(iii) if each candidate receives an equal number of votes, the candidate elected to the office must be decided, at the meeting, by lot between all candidates.
sec.43
Notice of officers
sec.43 Notice of officers
An association’s secretary must give the chief executive notice of the name and postal address or email address of each officer of the association elected—
on formation of the association; or
at an annual general meeting of the association.
A notice under subsection (1) must be given as soon as practicable after the day of the election.
(sec.43-ssec.1) An association’s secretary must give the chief executive notice of the name and postal address or email address of each officer of the association elected— on formation of the association; or at an annual general meeting of the association.
(sec.43-ssec.2) A notice under subsection (1) must be given as soon as practicable after the day of the election.
(a) on formation of the association; or
(b) at an annual general meeting of the association.
sec.44
Annual general meeting
sec.44 Annual general meeting
The annual general meeting of an association for a year must be held within 3 months after the end of the preceding financial year of the association.
Under section 134 of the Act , an association must have a financial year starting on 1 January in a year and ending on 31 December in the year.
A quorum for an annual general meeting of an association is—
if the association’s constitution has the effect that less than 10 association members is a quorum for an annual general meeting of the association—the lesser number of association members; or
otherwise—10 association members.
An association must follow the order of business stated in the association’s constitution for the conduct of an annual general meeting of the association.
(sec.44-ssec.1) The annual general meeting of an association for a year must be held within 3 months after the end of the preceding financial year of the association. Under section 134 of the Act , an association must have a financial year starting on 1 January in a year and ending on 31 December in the year.
(sec.44-ssec.2) A quorum for an annual general meeting of an association is— if the association’s constitution has the effect that less than 10 association members is a quorum for an annual general meeting of the association—the lesser number of association members; or otherwise—10 association members.
(sec.44-ssec.3) An association must follow the order of business stated in the association’s constitution for the conduct of an annual general meeting of the association.
(a) if the association’s constitution has the effect that less than 10 association members is a quorum for an annual general meeting of the association—the lesser number of association members; or
(b) otherwise—10 association members.
sec.45
Other meetings
sec.45 Other meetings
General meetings of an association must be held at least 3 times a semester at the times the association decides.
Subsection (1) does not apply to an association during the year in which it is formed.
A quorum for a general meeting of an association is—
if the association’s constitution has the effect that less than 7 association members is a quorum for a general meeting of the association—the lesser number of association members; or
otherwise—7 association members.
A quorum for a special meeting of an association is—
if the association’s constitution has the effect that less than 7 association members is a quorum for a special meeting of the association—the lesser number of association members; or
otherwise—7 association members.
(sec.45-ssec.1) General meetings of an association must be held at least 3 times a semester at the times the association decides.
(sec.45-ssec.2) Subsection (1) does not apply to an association during the year in which it is formed.
(sec.45-ssec.3) A quorum for a general meeting of an association is— if the association’s constitution has the effect that less than 7 association members is a quorum for a general meeting of the association—the lesser number of association members; or otherwise—7 association members.
(sec.45-ssec.4) A quorum for a special meeting of an association is— if the association’s constitution has the effect that less than 7 association members is a quorum for a special meeting of the association—the lesser number of association members; or otherwise—7 association members.
(a) if the association’s constitution has the effect that less than 7 association members is a quorum for a general meeting of the association—the lesser number of association members; or
(b) otherwise—7 association members.
(a) if the association’s constitution has the effect that less than 7 association members is a quorum for a special meeting of the association—the lesser number of association members; or
(b) otherwise—7 association members.
sec.46
Notice of meetings
sec.46 Notice of meetings
Notice of an annual general meeting, or special meeting, of an association must be given by the association personally or by post or email to each member of the association—
for an annual general meeting—at least 14 days before the day for the meeting; or
for a special meeting—at least 7 days before the day for the meeting.
A resolution passed at an association meeting is not invalid merely because a member of the association did not receive notice of the meeting.
(sec.46-ssec.1) Notice of an annual general meeting, or special meeting, of an association must be given by the association personally or by post or email to each member of the association— for an annual general meeting—at least 14 days before the day for the meeting; or for a special meeting—at least 7 days before the day for the meeting.
(sec.46-ssec.2) A resolution passed at an association meeting is not invalid merely because a member of the association did not receive notice of the meeting.
(a) for an annual general meeting—at least 14 days before the day for the meeting; or
(b) for a special meeting—at least 7 days before the day for the meeting.
sec.47
Audit of association’s accounts— Act , s 135
sec.47 Audit of association’s accounts— Act , s 135
For section 135 (1) of the Act , the person auditing the accounts of an association must be—
appointed to carry out the audit by the association at an annual general meeting or special meeting of the association; and
a suitably qualified person; and
to the extent practicable, a member of the local community aware of the activities of the association.
However, if the person is a member of the association, the person may audit the association’s accounts only with the approval of the chief executive.
The person must examine records of collections and payments, cashbooks, minutes of meetings and other records of the association the person considers appropriate.
Also, the person must verify with financial institutions with which the association has accounts (the financial accounts ) the financial balance held or owing at the end of the relevant financial year, so as to be able to certify whether or not in the person’s opinion—
the association’s financial statements are—
in agreement with the financial accounts; and
in a form that complies with the chief executive’s requirements for the keeping of accounts by an association; and
the financial statements have been prepared to present a true and fair view of the association’s transactions for the relevant financial year, and the association’s financial position at the end of that year, on a basis consistent with the basis for preparing the association’s financial statements for the preceding financial year.
In this section—
public sector entity see the Auditor-General Act 2009 , schedule .
suitably qualified person means any of the following persons—
a member of CPA Australia Ltd ACN 008 392 452 entitled to use the letters ‘CPA’ or ‘FCPA’;
a member of Chartered Accountants Australia and New Zealand ARBN 084 642 571 entitled to use the letters ‘CA’ or ‘FCA’;
a member of the Institute of Public Accountants Ltd ACN 004 130 643 entitled to use the letters ‘MIPA’ or ‘FIPA’;
an employee of a public sector entity who has the commercial skills and experience to audit the accounts of an association;
an employee of an insurance company, financial institution or other financial or commercial organisation who has the commercial skills and experience to audit the accounts of an association.
s 47 amd 2019 SL No. 170 s 4
(sec.47-ssec.1) For section 135 (1) of the Act , the person auditing the accounts of an association must be— appointed to carry out the audit by the association at an annual general meeting or special meeting of the association; and a suitably qualified person; and to the extent practicable, a member of the local community aware of the activities of the association.
(sec.47-ssec.2) However, if the person is a member of the association, the person may audit the association’s accounts only with the approval of the chief executive.
(sec.47-ssec.3) The person must examine records of collections and payments, cashbooks, minutes of meetings and other records of the association the person considers appropriate.
(sec.47-ssec.4) Also, the person must verify with financial institutions with which the association has accounts (the financial accounts ) the financial balance held or owing at the end of the relevant financial year, so as to be able to certify whether or not in the person’s opinion— the association’s financial statements are— in agreement with the financial accounts; and in a form that complies with the chief executive’s requirements for the keeping of accounts by an association; and the financial statements have been prepared to present a true and fair view of the association’s transactions for the relevant financial year, and the association’s financial position at the end of that year, on a basis consistent with the basis for preparing the association’s financial statements for the preceding financial year.
(sec.47-ssec.5) In this section— public sector entity see the Auditor-General Act 2009 , schedule . suitably qualified person means any of the following persons— a member of CPA Australia Ltd ACN 008 392 452 entitled to use the letters ‘CPA’ or ‘FCPA’; a member of Chartered Accountants Australia and New Zealand ARBN 084 642 571 entitled to use the letters ‘CA’ or ‘FCA’; a member of the Institute of Public Accountants Ltd ACN 004 130 643 entitled to use the letters ‘MIPA’ or ‘FIPA’; an employee of a public sector entity who has the commercial skills and experience to audit the accounts of an association; an employee of an insurance company, financial institution or other financial or commercial organisation who has the commercial skills and experience to audit the accounts of an association.
(a) appointed to carry out the audit by the association at an annual general meeting or special meeting of the association; and
(b) a suitably qualified person; and
(c) to the extent practicable, a member of the local community aware of the activities of the association.
(a) the association’s financial statements are— (i) in agreement with the financial accounts; and (ii) in a form that complies with the chief executive’s requirements for the keeping of accounts by an association; and
(i) in agreement with the financial accounts; and
(ii) in a form that complies with the chief executive’s requirements for the keeping of accounts by an association; and
(b) the financial statements have been prepared to present a true and fair view of the association’s transactions for the relevant financial year, and the association’s financial position at the end of that year, on a basis consistent with the basis for preparing the association’s financial statements for the preceding financial year.
(i) in agreement with the financial accounts; and
(ii) in a form that complies with the chief executive’s requirements for the keeping of accounts by an association; and
(a) a member of CPA Australia Ltd ACN 008 392 452 entitled to use the letters ‘CPA’ or ‘FCPA’;
(b) a member of Chartered Accountants Australia and New Zealand ARBN 084 642 571 entitled to use the letters ‘CA’ or ‘FCA’;
(c) a member of the Institute of Public Accountants Ltd ACN 004 130 643 entitled to use the letters ‘MIPA’ or ‘FIPA’;
(d) an employee of a public sector entity who has the commercial skills and experience to audit the accounts of an association;
(e) an employee of an insurance company, financial institution or other financial or commercial organisation who has the commercial skills and experience to audit the accounts of an association.
sec.48
Subcommittees
sec.48 Subcommittees
An association may establish the subcommittees it considers appropriate for purposes consistent with the objectives and functions of the association.
Without limiting subsection (1) , the association may establish subcommittees for special purposes, including, for example, a swimming club or tuckshop.
If an association establishes a subcommittee, the association must appoint particular members of the association to be the chairperson, secretary and, if funds are to be raised or spent by the subcommittee, treasurer of the subcommittee.
However, the chairperson or secretary of a subcommittee established by an association can not be the subcommittee’s treasurer.
An association may impose on a subcommittee established by the association the conditions the association considers appropriate.
A subcommittee established by an association—
may only act within the scope of the authority given to the subcommittee by the association; and
must follow any direction given by the association to the subcommittee.
Any funds raised by a subcommittee established by an association are the association’s funds and under the association’s control.
(sec.48-ssec.1) An association may establish the subcommittees it considers appropriate for purposes consistent with the objectives and functions of the association.
(sec.48-ssec.2) Without limiting subsection (1) , the association may establish subcommittees for special purposes, including, for example, a swimming club or tuckshop.
(sec.48-ssec.3) If an association establishes a subcommittee, the association must appoint particular members of the association to be the chairperson, secretary and, if funds are to be raised or spent by the subcommittee, treasurer of the subcommittee.
(sec.48-ssec.4) However, the chairperson or secretary of a subcommittee established by an association can not be the subcommittee’s treasurer.
(sec.48-ssec.5) An association may impose on a subcommittee established by the association the conditions the association considers appropriate.
(sec.48-ssec.6) A subcommittee established by an association— may only act within the scope of the authority given to the subcommittee by the association; and must follow any direction given by the association to the subcommittee.
(sec.48-ssec.7) Any funds raised by a subcommittee established by an association are the association’s funds and under the association’s control.
(a) may only act within the scope of the authority given to the subcommittee by the association; and
(b) must follow any direction given by the association to the subcommittee.
sec.49
Dissolution— Act , s 122
sec.49 Dissolution— Act , s 122
For section 122 (c) of the Act , an association is dissolved if the question of dissolution is put and resolved in the affirmative on a three-fourths majority vote of its members present and entitled to vote at a special meeting called to consider the question.
On the dissolution of an association formed for a State instructional institution, the following must be dealt with by the supervisor of the institution’s principal, as directed by the Minister—
any property in the name of the association;
any funds of the association, after payment of any expenses lawfully incurred by the association.
(sec.49-ssec.1) For section 122 (c) of the Act , an association is dissolved if the question of dissolution is put and resolved in the affirmative on a three-fourths majority vote of its members present and entitled to vote at a special meeting called to consider the question.
(sec.49-ssec.2) On the dissolution of an association formed for a State instructional institution, the following must be dealt with by the supervisor of the institution’s principal, as directed by the Minister— any property in the name of the association; any funds of the association, after payment of any expenses lawfully incurred by the association.
(a) any property in the name of the association;
(b) any funds of the association, after payment of any expenses lawfully incurred by the association.
sec.50
Activities
sec.50 Activities
If the object of an activity of an association formed for a State instructional institution is, or includes, 1 or more of the following matters, the consent of the chief executive of a department that deals with the matter must be obtained before the activity is carried out—
the construction of improvements to the institution’s premises;
the addition of a fixture to the institution’s premises;
the purchase of furniture for the institution.
(a) the construction of improvements to the institution’s premises;
(b) the addition of a fixture to the institution’s premises;
(c) the purchase of furniture for the institution.
sec.51
Conduct of tuckshop or other amenity
sec.51 Conduct of tuckshop or other amenity
An association formed for a State instructional institution may conduct at the institution’s premises a tuckshop or other amenity if the association believes the amenity is likely—
to help staff members of the institution in their professional duties; or
to help students of the institution in their studies.
The chief executive may, by notice to an association formed for a State instructional institution, order—
closure of an amenity conducted by the association, if the chief executive believes the amenity—
is not helping, or is hindering, staff members of the institution in their professional duties; or
is not helping, or is hindering, students of the institution in their studies; or
immediate closure of an amenity conducted by the association, if the chief executive believes—
the amenity is not helping, or is hindering, staff members or students of the institution in the way mentioned in paragraph (a) (i) or (ii) ; and
it is necessary, in the interests of the health or safety of staff members or students of the institution, to immediately close the amenity.
A notice ordering closure of an amenity under subsection (2) (a) must state—
the day, not less than 28 days after the association receives the notice, on which the amenity must be closed; and
the reasons the chief executive believes the amenity is not helping, or is hindering, staff members or students of the institution in the way mentioned in subsection (2) (a) (i) or (ii) ; and
that the association may, under section 52 , within 28 days after receiving the notice, ask the Minister to review the chief executive’s decision to order closure of the amenity.
A notice ordering immediate closure of an amenity under subsection (2) (b) must state—
that the amenity must be immediately closed; and
the reasons the chief executive believes the amenity is not helping, or is hindering, staff members or students of the institution in the way mentioned in subsection (2) (b) (i) or (ii) ; and
the reasons the chief executive believes it is necessary, in the interests of the health or safety of staff members or students of the institution, to immediately close the amenity; and
that the association may, under section 52 , within 28 days after receiving the notice, ask the Minister to review the chief executive’s decision to order immediate closure of the amenity.
An association that receives a notice under subsection (2) (a) or (b) must comply with the order in the notice.
Despite subsection (5) , if an association receives a notice ordering closure of an amenity under subsection (2) (a) and asks the Minister under section 52 to review the chief executive’s decision to order closure of the amenity, the association may continue to conduct the amenity until it receives notice of the Minister’s decision on the review.
(sec.51-ssec.1) An association formed for a State instructional institution may conduct at the institution’s premises a tuckshop or other amenity if the association believes the amenity is likely— to help staff members of the institution in their professional duties; or to help students of the institution in their studies.
(sec.51-ssec.2) The chief executive may, by notice to an association formed for a State instructional institution, order— closure of an amenity conducted by the association, if the chief executive believes the amenity— is not helping, or is hindering, staff members of the institution in their professional duties; or is not helping, or is hindering, students of the institution in their studies; or immediate closure of an amenity conducted by the association, if the chief executive believes— the amenity is not helping, or is hindering, staff members or students of the institution in the way mentioned in paragraph (a) (i) or (ii) ; and it is necessary, in the interests of the health or safety of staff members or students of the institution, to immediately close the amenity.
(sec.51-ssec.3) A notice ordering closure of an amenity under subsection (2) (a) must state— the day, not less than 28 days after the association receives the notice, on which the amenity must be closed; and the reasons the chief executive believes the amenity is not helping, or is hindering, staff members or students of the institution in the way mentioned in subsection (2) (a) (i) or (ii) ; and that the association may, under section 52 , within 28 days after receiving the notice, ask the Minister to review the chief executive’s decision to order closure of the amenity.
(sec.51-ssec.4) A notice ordering immediate closure of an amenity under subsection (2) (b) must state— that the amenity must be immediately closed; and the reasons the chief executive believes the amenity is not helping, or is hindering, staff members or students of the institution in the way mentioned in subsection (2) (b) (i) or (ii) ; and the reasons the chief executive believes it is necessary, in the interests of the health or safety of staff members or students of the institution, to immediately close the amenity; and that the association may, under section 52 , within 28 days after receiving the notice, ask the Minister to review the chief executive’s decision to order immediate closure of the amenity.
(sec.51-ssec.5) An association that receives a notice under subsection (2) (a) or (b) must comply with the order in the notice.
(sec.51-ssec.6) Despite subsection (5) , if an association receives a notice ordering closure of an amenity under subsection (2) (a) and asks the Minister under section 52 to review the chief executive’s decision to order closure of the amenity, the association may continue to conduct the amenity until it receives notice of the Minister’s decision on the review.
(a) to help staff members of the institution in their professional duties; or
(b) to help students of the institution in their studies.
(a) closure of an amenity conducted by the association, if the chief executive believes the amenity— (i) is not helping, or is hindering, staff members of the institution in their professional duties; or (ii) is not helping, or is hindering, students of the institution in their studies; or
(i) is not helping, or is hindering, staff members of the institution in their professional duties; or
(ii) is not helping, or is hindering, students of the institution in their studies; or
(b) immediate closure of an amenity conducted by the association, if the chief executive believes— (i) the amenity is not helping, or is hindering, staff members or students of the institution in the way mentioned in paragraph (a) (i) or (ii) ; and (ii) it is necessary, in the interests of the health or safety of staff members or students of the institution, to immediately close the amenity.
(i) the amenity is not helping, or is hindering, staff members or students of the institution in the way mentioned in paragraph (a) (i) or (ii) ; and
(ii) it is necessary, in the interests of the health or safety of staff members or students of the institution, to immediately close the amenity.
(i) is not helping, or is hindering, staff members of the institution in their professional duties; or
(ii) is not helping, or is hindering, students of the institution in their studies; or
(i) the amenity is not helping, or is hindering, staff members or students of the institution in the way mentioned in paragraph (a) (i) or (ii) ; and
(ii) it is necessary, in the interests of the health or safety of staff members or students of the institution, to immediately close the amenity.
(a) the day, not less than 28 days after the association receives the notice, on which the amenity must be closed; and
(b) the reasons the chief executive believes the amenity is not helping, or is hindering, staff members or students of the institution in the way mentioned in subsection (2) (a) (i) or (ii) ; and
(c) that the association may, under section 52 , within 28 days after receiving the notice, ask the Minister to review the chief executive’s decision to order closure of the amenity.
(a) that the amenity must be immediately closed; and
(b) the reasons the chief executive believes the amenity is not helping, or is hindering, staff members or students of the institution in the way mentioned in subsection (2) (b) (i) or (ii) ; and
(c) the reasons the chief executive believes it is necessary, in the interests of the health or safety of staff members or students of the institution, to immediately close the amenity; and
(d) that the association may, under section 52 , within 28 days after receiving the notice, ask the Minister to review the chief executive’s decision to order immediate closure of the amenity.
sec.52
Minister to review decision to order closure of amenity or order immediate closure of amenity
sec.52 Minister to review decision to order closure of amenity or order immediate closure of amenity
This section applies if the chief executive gives an association a notice—
under section 51 (2) (a) ordering closure of an amenity conducted by the association; or
under section 51 (2) (b) ordering immediate closure of an amenity conducted by the association.
The association may, within 28 days after receiving the notice, ask the Minister to review the chief executive’s decision to order closure of the amenity, or order immediate closure of the amenity, by giving the Minister a notice stating the grounds for the review.
If the association asks under subsection (2) for a review of the chief executive’s decision, the Minister must as soon as practicable—
review the decision; and
decide to affirm or set aside the decision; and
give a notice to the association stating—
the Minister’s decision and the reasons for it; and
if the chief executive’s notice was given under section 51 (2) (a) and the Minister affirms the chief executive’s decision and the amenity has not been closed—a reasonable time (the stated time ) within which the amenity must be closed.
An association that receives a notice under subsection (3) (c) (ii) must comply with the notice.
(sec.52-ssec.1) This section applies if the chief executive gives an association a notice— under section 51 (2) (a) ordering closure of an amenity conducted by the association; or under section 51 (2) (b) ordering immediate closure of an amenity conducted by the association.
(sec.52-ssec.2) The association may, within 28 days after receiving the notice, ask the Minister to review the chief executive’s decision to order closure of the amenity, or order immediate closure of the amenity, by giving the Minister a notice stating the grounds for the review.
(sec.52-ssec.3) If the association asks under subsection (2) for a review of the chief executive’s decision, the Minister must as soon as practicable— review the decision; and decide to affirm or set aside the decision; and give a notice to the association stating— the Minister’s decision and the reasons for it; and if the chief executive’s notice was given under section 51 (2) (a) and the Minister affirms the chief executive’s decision and the amenity has not been closed—a reasonable time (the stated time ) within which the amenity must be closed.
(sec.52-ssec.4) An association that receives a notice under subsection (3) (c) (ii) must comply with the notice.
(a) under section 51 (2) (a) ordering closure of an amenity conducted by the association; or
(b) under section 51 (2) (b) ordering immediate closure of an amenity conducted by the association.
(a) review the decision; and
(b) decide to affirm or set aside the decision; and
(c) give a notice to the association stating— (i) the Minister’s decision and the reasons for it; and (ii) if the chief executive’s notice was given under section 51 (2) (a) and the Minister affirms the chief executive’s decision and the amenity has not been closed—a reasonable time (the stated time ) within which the amenity must be closed.
(i) the Minister’s decision and the reasons for it; and
(ii) if the chief executive’s notice was given under section 51 (2) (a) and the Minister affirms the chief executive’s decision and the amenity has not been closed—a reasonable time (the stated time ) within which the amenity must be closed.
(i) the Minister’s decision and the reasons for it; and
(ii) if the chief executive’s notice was given under section 51 (2) (a) and the Minister affirms the chief executive’s decision and the amenity has not been closed—a reasonable time (the stated time ) within which the amenity must be closed.
pt.7
Dissolution of school council for a State school
Dissolution of school council for a State school
pt.7-div.1
Preliminary
Preliminary
sec.53
Purpose of part— Act , s 112
sec.53 Purpose of part— Act , s 112
This part prescribes circumstances in which a school council for a State school is dissolved under section 112 (1) (b) of the Act .
pt.7-div.2
Dissolution for noncompliance with a public interest direction
Dissolution for noncompliance with a public interest direction
sec.54
Minister to give school council a show cause notice
sec.54 Minister to give school council a show cause notice
This section applies if the Minister has given a school council a direction under section 116 of the Act (a public interest direction ) and believes the council has not complied with the direction.
The Minister must give the council a notice (a show cause notice ) stating the following—
the reasons for the Minister’s belief that the council has not complied with the public interest direction;
if the council does not comply with the public interest direction within a stated period (the show cause period ), the council is liable to be dissolved;
the council may make written representations to the Minister within the show cause period to show ( properly made representations )—
that the council has complied with the public interest direction; or
why the council should not be dissolved for not complying with the direction.
The show cause period must end not less than 28 days after the show cause notice is given to the council.
(sec.54-ssec.1) This section applies if the Minister has given a school council a direction under section 116 of the Act (a public interest direction ) and believes the council has not complied with the direction.
(sec.54-ssec.2) The Minister must give the council a notice (a show cause notice ) stating the following— the reasons for the Minister’s belief that the council has not complied with the public interest direction; if the council does not comply with the public interest direction within a stated period (the show cause period ), the council is liable to be dissolved; the council may make written representations to the Minister within the show cause period to show ( properly made representations )— that the council has complied with the public interest direction; or why the council should not be dissolved for not complying with the direction.
(sec.54-ssec.3) The show cause period must end not less than 28 days after the show cause notice is given to the council.
(a) the reasons for the Minister’s belief that the council has not complied with the public interest direction;
(b) if the council does not comply with the public interest direction within a stated period (the show cause period ), the council is liable to be dissolved;
(c) the council may make written representations to the Minister within the show cause period to show ( properly made representations )— (i) that the council has complied with the public interest direction; or (ii) why the council should not be dissolved for not complying with the direction.
(i) that the council has complied with the public interest direction; or
(ii) why the council should not be dissolved for not complying with the direction.
(i) that the council has complied with the public interest direction; or
(ii) why the council should not be dissolved for not complying with the direction.
sec.55
Minister must consider representations
sec.55 Minister must consider representations
The Minister must consider any properly made representations about the show cause notice as soon as practicable after receiving the representations.
sec.56
Ending show cause process without further action
sec.56 Ending show cause process without further action
This section applies if, after considering any properly made representations, the Minister is satisfied—
the council has complied with the public interest direction; or
the council should not be dissolved for not complying with the direction.
The Minister must immediately give the council a notice stating that no further action is to be taken under the show cause notice.
(sec.56-ssec.1) This section applies if, after considering any properly made representations, the Minister is satisfied— the council has complied with the public interest direction; or the council should not be dissolved for not complying with the direction.
(sec.56-ssec.2) The Minister must immediately give the council a notice stating that no further action is to be taken under the show cause notice.
(a) the council has complied with the public interest direction; or
(b) the council should not be dissolved for not complying with the direction.
sec.57
Dissolution of school council
sec.57 Dissolution of school council
Subsection (2) applies if—
no properly made representations were made; or
after considering any properly made representations, the Minister is satisfied the council should be dissolved for not complying with the public interest direction.
The Minister must give the council a notice stating the council is dissolved.
The council is dissolved from—
the day the council receives the notice; or
if a later day is stated in the notice—the later day.
(sec.57-ssec.1) Subsection (2) applies if— no properly made representations were made; or after considering any properly made representations, the Minister is satisfied the council should be dissolved for not complying with the public interest direction.
(sec.57-ssec.2) The Minister must give the council a notice stating the council is dissolved.
(sec.57-ssec.3) The council is dissolved from— the day the council receives the notice; or if a later day is stated in the notice—the later day.
(a) no properly made representations were made; or
(b) after considering any properly made representations, the Minister is satisfied the council should be dissolved for not complying with the public interest direction.
(a) the day the council receives the notice; or
(b) if a later day is stated in the notice—the later day.
pt.7-div.3
When chief executive may dissolve school council
When chief executive may dissolve school council
sec.58
Dissolution by chief executive
sec.58 Dissolution by chief executive
Subject to section 59 , a school council is dissolved if—
the chief executive considers—
the council is not satisfactorily fulfilling its functions; or
the school community generally supports the dissolution of the council; and
the chief executive publishes a notice in the gazette stating that the council is dissolved.
The council is dissolved from—
the day the notice is published in the gazette; or
if a later day is stated in the notice—the later day.
(sec.58-ssec.1) Subject to section 59 , a school council is dissolved if— the chief executive considers— the council is not satisfactorily fulfilling its functions; or the school community generally supports the dissolution of the council; and the chief executive publishes a notice in the gazette stating that the council is dissolved.
(sec.58-ssec.2) The council is dissolved from— the day the notice is published in the gazette; or if a later day is stated in the notice—the later day.
(a) the chief executive considers— (i) the council is not satisfactorily fulfilling its functions; or (ii) the school community generally supports the dissolution of the council; and
(i) the council is not satisfactorily fulfilling its functions; or
(ii) the school community generally supports the dissolution of the council; and
(b) the chief executive publishes a notice in the gazette stating that the council is dissolved.
(i) the council is not satisfactorily fulfilling its functions; or
(ii) the school community generally supports the dissolution of the council; and
(a) the day the notice is published in the gazette; or
(b) if a later day is stated in the notice—the later day.
sec.59
Chief executive to consult and invite representations
sec.59 Chief executive to consult and invite representations
Before the chief executive may dissolve, under section 58 , a school council for a State school, the chief executive must comply with this section.
The chief executive must consult with each of the following about the proposed dissolution—
the council;
the school’s principal;
the school’s other staff members;
if there is an association for the school—the association;
if the school has secondary education students—the secondary education students;
any other entities the chief executive considers have an interest in the council or its dissolution.
For subsection (2) , the chief executive may consult in any way the chief executive considers appropriate, including, for example, by holding a formal meeting.
The chief executive must publish in the school’s newsletter a notice—
stating that the chief executive is considering dissolving the council; and
stating the reasons for the proposed dissolution; and
inviting members of the school community to make written representations to the chief executive about the proposed dissolution within a stated time of at least 28 days after the day the notice is published in the school’s newsletter.
A member of the school community may make written representations to the chief executive about the proposed dissolution within the stated time.
Before making a decision about dissolving the school council, the chief executive must consider the chief executive’s consultations under subsection (2) , and any written representations made to the chief executive under subsection (4) (c) , about the proposed dissolution.
(sec.59-ssec.1) Before the chief executive may dissolve, under section 58 , a school council for a State school, the chief executive must comply with this section.
(sec.59-ssec.2) The chief executive must consult with each of the following about the proposed dissolution— the council; the school’s principal; the school’s other staff members; if there is an association for the school—the association; if the school has secondary education students—the secondary education students; any other entities the chief executive considers have an interest in the council or its dissolution.
(sec.59-ssec.3) For subsection (2) , the chief executive may consult in any way the chief executive considers appropriate, including, for example, by holding a formal meeting.
(sec.59-ssec.4) The chief executive must publish in the school’s newsletter a notice— stating that the chief executive is considering dissolving the council; and stating the reasons for the proposed dissolution; and inviting members of the school community to make written representations to the chief executive about the proposed dissolution within a stated time of at least 28 days after the day the notice is published in the school’s newsletter.
(sec.59-ssec.5) A member of the school community may make written representations to the chief executive about the proposed dissolution within the stated time.
(sec.59-ssec.6) Before making a decision about dissolving the school council, the chief executive must consider the chief executive’s consultations under subsection (2) , and any written representations made to the chief executive under subsection (4) (c) , about the proposed dissolution.
(a) the council;
(b) the school’s principal;
(c) the school’s other staff members;
(d) if there is an association for the school—the association;
(e) if the school has secondary education students—the secondary education students;
(f) any other entities the chief executive considers have an interest in the council or its dissolution.
(a) stating that the chief executive is considering dissolving the council; and
(b) stating the reasons for the proposed dissolution; and
(c) inviting members of the school community to make written representations to the chief executive about the proposed dissolution within a stated time of at least 28 days after the day the notice is published in the school’s newsletter.
sec.60
Minister to review decision to dissolve
sec.60 Minister to review decision to dissolve
This section applies to a member of the school community (an aggrieved person ) who made written representations, under section 59 (4) (c) , against a proposal to dissolve a school council.
If the council is dissolved under section 58 , the aggrieved person may ask the Minister to review the chief executive’s decision that led to the dissolution.
The aggrieved person must give the Minister a notice stating the grounds for the review within 28 days after notice of the council’s dissolution is published in the gazette under section 58 (1) (b) .
The Minister must as soon as practicable after receiving the notice—
review the chief executive’s decision; and
decide to affirm or set aside the chief executive’s decision; and
give notice to the aggrieved person about the Minister’s decision and the reasons for it.
If the Minister decides to set aside the chief executive’s decision—
the council is taken not to have been dissolved; and
the Minister must, as soon as practicable after making the decision, publish a notice in the gazette stating—
the decision to dissolve the council has been set aside; and
the council is taken not to have been dissolved.
(sec.60-ssec.1) This section applies to a member of the school community (an aggrieved person ) who made written representations, under section 59 (4) (c) , against a proposal to dissolve a school council.
(sec.60-ssec.2) If the council is dissolved under section 58 , the aggrieved person may ask the Minister to review the chief executive’s decision that led to the dissolution.
(sec.60-ssec.3) The aggrieved person must give the Minister a notice stating the grounds for the review within 28 days after notice of the council’s dissolution is published in the gazette under section 58 (1) (b) .
(sec.60-ssec.4) The Minister must as soon as practicable after receiving the notice— review the chief executive’s decision; and decide to affirm or set aside the chief executive’s decision; and give notice to the aggrieved person about the Minister’s decision and the reasons for it.
(sec.60-ssec.5) If the Minister decides to set aside the chief executive’s decision— the council is taken not to have been dissolved; and the Minister must, as soon as practicable after making the decision, publish a notice in the gazette stating— the decision to dissolve the council has been set aside; and the council is taken not to have been dissolved.
(a) review the chief executive’s decision; and
(b) decide to affirm or set aside the chief executive’s decision; and
(c) give notice to the aggrieved person about the Minister’s decision and the reasons for it.
(a) the council is taken not to have been dissolved; and
(b) the Minister must, as soon as practicable after making the decision, publish a notice in the gazette stating— (i) the decision to dissolve the council has been set aside; and (ii) the council is taken not to have been dissolved.
(i) the decision to dissolve the council has been set aside; and
(ii) the council is taken not to have been dissolved.
(i) the decision to dissolve the council has been set aside; and
(ii) the council is taken not to have been dissolved.
pt.8
Miscellaneous
Miscellaneous
sec.61
Financial data for non-State school— Act , s 370
sec.61 Financial data for non-State school— Act , s 370
For section 370 (2) of the Act , the day prescribed is 30 June of each year.
sec.62
Report about State school student, or former State school student, for particular proceedings or in particular circumstances
sec.62 Report about State school student, or former State school student, for particular proceedings or in particular circumstances
The chief executive may give a person a report about a State school student, or former State school student, only—
if authorised by a court or tribunal for particular proceedings; or
if the student is a child, with the consent of a parent of the child; or
if the student is an adult, with the consent of the student; or
if required or permitted by an Act or another law.
However, the chief executive may give a person a report about a State school student, or former State school student, without the consent required under subsection (1) (b) or (c) if the chief executive is satisfied—
either—
the person requesting the report has a sufficient interest in the subject matter of the proposed report; or
if the person requesting the report is a professional person acting for a client of the professional person—the client has a sufficient interest in the subject matter of the proposed report; and
either—
the proposed report is not detrimental to the student; or
despite the proposed report being detrimental to the student, on balance, the public interest is better served by the report being given.
Subsection (1) does not apply to the giving of a report about a State school student, or former State school student, in the course of the administration of the school.
On giving a person a report under subsection (1) (b) , (c) or (d) , the person must pay the fee mentioned in schedule 1 for preparation of the report.
However, the chief executive may waive, entirely or partly, payment of the fee if the chief executive is satisfied payment of the fee would cause financial hardship to the person.
(sec.62-ssec.1) The chief executive may give a person a report about a State school student, or former State school student, only— if authorised by a court or tribunal for particular proceedings; or if the student is a child, with the consent of a parent of the child; or if the student is an adult, with the consent of the student; or if required or permitted by an Act or another law.
(sec.62-ssec.2) However, the chief executive may give a person a report about a State school student, or former State school student, without the consent required under subsection (1) (b) or (c) if the chief executive is satisfied— either— the person requesting the report has a sufficient interest in the subject matter of the proposed report; or if the person requesting the report is a professional person acting for a client of the professional person—the client has a sufficient interest in the subject matter of the proposed report; and either— the proposed report is not detrimental to the student; or despite the proposed report being detrimental to the student, on balance, the public interest is better served by the report being given.
(sec.62-ssec.3) Subsection (1) does not apply to the giving of a report about a State school student, or former State school student, in the course of the administration of the school.
(sec.62-ssec.4) On giving a person a report under subsection (1) (b) , (c) or (d) , the person must pay the fee mentioned in schedule 1 for preparation of the report.
(sec.62-ssec.5) However, the chief executive may waive, entirely or partly, payment of the fee if the chief executive is satisfied payment of the fee would cause financial hardship to the person.
(a) if authorised by a court or tribunal for particular proceedings; or
(b) if the student is a child, with the consent of a parent of the child; or
(c) if the student is an adult, with the consent of the student; or
(d) if required or permitted by an Act or another law.
(a) either— (i) the person requesting the report has a sufficient interest in the subject matter of the proposed report; or (ii) if the person requesting the report is a professional person acting for a client of the professional person—the client has a sufficient interest in the subject matter of the proposed report; and
(i) the person requesting the report has a sufficient interest in the subject matter of the proposed report; or
(ii) if the person requesting the report is a professional person acting for a client of the professional person—the client has a sufficient interest in the subject matter of the proposed report; and
(b) either— (i) the proposed report is not detrimental to the student; or (ii) despite the proposed report being detrimental to the student, on balance, the public interest is better served by the report being given.
(i) the proposed report is not detrimental to the student; or
(ii) despite the proposed report being detrimental to the student, on balance, the public interest is better served by the report being given.
(i) the person requesting the report has a sufficient interest in the subject matter of the proposed report; or
(ii) if the person requesting the report is a professional person acting for a client of the professional person—the client has a sufficient interest in the subject matter of the proposed report; and
(i) the proposed report is not detrimental to the student; or
(ii) despite the proposed report being detrimental to the student, on balance, the public interest is better served by the report being given.
sec.63
Overseas students—enrolment at State school
sec.63 Overseas students—enrolment at State school
This section applies if, under the Education Services for Overseas Students Act 2000 (Cwlth) —
a registered provider for a course for a location that is a State school gives an overseas student a confirmation of enrolment in relation to the course; and
the confirmation of enrolment is given in relation to the overseas student’s acceptance for enrolment in the course.
The overseas student is taken to be—
enrolled in the State school; and
a student of the State school.
To remove any doubt, it is declared that—
this section states the entire process to obtain the enrolment in the State school; and
this section, not chapter 8 of the Act , must be used to obtain the enrolment in the State school.
Each of the following terms used in subsection (1) has the meaning it has under the Education Services for Overseas Students Act 2000 (Cwlth) —
confirmation of enrolment
course
overseas student
registered provider
Under the Acts Interpretation Act 1954 , section 7 a reference to a provision of a law, including a law of the Commonwealth, includes a reference to the statutory instruments made or in force under the provision.
(sec.63-ssec.1) This section applies if, under the Education Services for Overseas Students Act 2000 (Cwlth) — a registered provider for a course for a location that is a State school gives an overseas student a confirmation of enrolment in relation to the course; and the confirmation of enrolment is given in relation to the overseas student’s acceptance for enrolment in the course.
(sec.63-ssec.2) The overseas student is taken to be— enrolled in the State school; and a student of the State school.
(sec.63-ssec.3) To remove any doubt, it is declared that— this section states the entire process to obtain the enrolment in the State school; and this section, not chapter 8 of the Act , must be used to obtain the enrolment in the State school.
(sec.63-ssec.4) Each of the following terms used in subsection (1) has the meaning it has under the Education Services for Overseas Students Act 2000 (Cwlth) — confirmation of enrolment course overseas student registered provider Under the Acts Interpretation Act 1954 , section 7 a reference to a provision of a law, including a law of the Commonwealth, includes a reference to the statutory instruments made or in force under the provision.
(a) a registered provider for a course for a location that is a State school gives an overseas student a confirmation of enrolment in relation to the course; and
(b) the confirmation of enrolment is given in relation to the overseas student’s acceptance for enrolment in the course.
(a) enrolled in the State school; and
(b) a student of the State school.
(a) this section states the entire process to obtain the enrolment in the State school; and
(b) this section, not chapter 8 of the Act , must be used to obtain the enrolment in the State school.
• confirmation of enrolment
• course
• overseas student
• registered provider Note— Under the Acts Interpretation Act 1954 , section 7 a reference to a provision of a law, including a law of the Commonwealth, includes a reference to the statutory instruments made or in force under the provision.
sec.64
Student vacations
sec.64 Student vacations
The Minister must approve the days for student vacations for State schools.
The days approved by the Minister must be published on the department’s website.
(sec.64-ssec.1) The Minister must approve the days for student vacations for State schools.
(sec.64-ssec.2) The days approved by the Minister must be published on the department’s website.
sec.65
Holidays
sec.65 Holidays
A student of a State school is not required to attend the school on the following days—
a public holiday;
an appointed student holiday for the school.
In this section—
appointed student holiday , for a State school, means—
a day designated by the Minister as being a holiday for students of the school; or
a day designated by the Minister as being a holiday for students of all State schools; or
a day designated by the Minister as being a holiday for students of all State schools whose premises are located within a particular region of Queensland if the school’s premises are located within the region.
(sec.65-ssec.1) A student of a State school is not required to attend the school on the following days— a public holiday; an appointed student holiday for the school.
(sec.65-ssec.2) In this section— appointed student holiday , for a State school, means— a day designated by the Minister as being a holiday for students of the school; or a day designated by the Minister as being a holiday for students of all State schools; or a day designated by the Minister as being a holiday for students of all State schools whose premises are located within a particular region of Queensland if the school’s premises are located within the region.
(a) a public holiday;
(b) an appointed student holiday for the school.
(a) a day designated by the Minister as being a holiday for students of the school; or
(b) a day designated by the Minister as being a holiday for students of all State schools; or
(c) a day designated by the Minister as being a holiday for students of all State schools whose premises are located within a particular region of Queensland if the school’s premises are located within the region.
sec.66
Policy about sale of particular items at premises of State instructional institution
sec.66 Policy about sale of particular items at premises of State instructional institution
The chief executive may make a policy about the sale of particular items, including, for example, food and drink, at the premises of a State instructional institution.
The principal of a State instructional institution must comply with the policy.
The chief executive must—
publish the policy on the department’s website; and
keep a copy of the policy available for inspection by the public at the head office of the department during ordinary office hours on business days.
A person may, without payment of a fee, obtain a copy of the policy from the chief executive.
In this section—
sale includes offering for sale.
(sec.66-ssec.1) The chief executive may make a policy about the sale of particular items, including, for example, food and drink, at the premises of a State instructional institution.
(sec.66-ssec.2) The principal of a State instructional institution must comply with the policy.
(sec.66-ssec.3) The chief executive must— publish the policy on the department’s website; and keep a copy of the policy available for inspection by the public at the head office of the department during ordinary office hours on business days.
(sec.66-ssec.4) A person may, without payment of a fee, obtain a copy of the policy from the chief executive.
(sec.66-ssec.5) In this section— sale includes offering for sale.
(a) publish the policy on the department’s website; and
(b) keep a copy of the policy available for inspection by the public at the head office of the department during ordinary office hours on business days.
sec.67
Prohibition relating to distributing non-education documents at premises of State instructional institution
sec.67 Prohibition relating to distributing non-education documents at premises of State instructional institution
A person must not distribute a non-education document at the premises of a State instructional institution without the permission of the institution’s principal.
Maximum penalty—10 penalty units.
Subsection (1) does not apply to a religious instructor if the document is a publication of a religious denomination or society distributed by the instructor as part of religious instruction.
In this section—
non-education document means a document other than a document used in delivering an educational program to students of a State instructional institution.
(sec.67-ssec.1) A person must not distribute a non-education document at the premises of a State instructional institution without the permission of the institution’s principal. Maximum penalty—10 penalty units.
(sec.67-ssec.2) Subsection (1) does not apply to a religious instructor if the document is a publication of a religious denomination or society distributed by the instructor as part of religious instruction.
(sec.67-ssec.3) In this section— non-education document means a document other than a document used in delivering an educational program to students of a State instructional institution.
sec.68
Report about sexual abuse— Act , ss 365 and 366
sec.68 Report about sexual abuse— Act , ss 365 and 366
A report under section 365 (3) or 366 (3) of the Act must include the following particulars—
the name of the person giving the report (the first person );
the student’s name and sex;
details of the basis for the first person becoming aware, or reasonably suspecting, that the student has been sexually abused by another person;
details of the abuse or suspected abuse;
any of the following information of which the first person is aware—
the student’s age;
the identity of the person who has sexually abused, or is suspected to have sexually abused, the student;
the identity of anyone else who may have information about the abuse or suspected abuse.
(a) the name of the person giving the report (the first person );
(b) the student’s name and sex;
(c) details of the basis for the first person becoming aware, or reasonably suspecting, that the student has been sexually abused by another person;
(d) details of the abuse or suspected abuse;
(e) any of the following information of which the first person is aware— (i) the student’s age; (ii) the identity of the person who has sexually abused, or is suspected to have sexually abused, the student; (iii) the identity of anyone else who may have information about the abuse or suspected abuse.
(i) the student’s age;
(ii) the identity of the person who has sexually abused, or is suspected to have sexually abused, the student;
(iii) the identity of anyone else who may have information about the abuse or suspected abuse.
(i) the student’s age;
(ii) the identity of the person who has sexually abused, or is suspected to have sexually abused, the student;
(iii) the identity of anyone else who may have information about the abuse or suspected abuse.
sec.69
Report about suspicion of likely sexual abuse— Act , ss 365A and 366A
sec.69 Report about suspicion of likely sexual abuse— Act , ss 365A and 366A
A report under section 365A (4) or 366A (5) of the Act must include the following particulars—
the name of the person giving the report (the first person );
the student’s name and sex;
details of the basis for the first person reasonably suspecting that the student is likely to be sexually abused by another person;
any of the following information of which the first person is aware—
the student’s age;
the identity of the person who is suspected to be likely to sexually abuse the student;
the identity of anyone else who may have information about the suspected likelihood of abuse.
(a) the name of the person giving the report (the first person );
(b) the student’s name and sex;
(c) details of the basis for the first person reasonably suspecting that the student is likely to be sexually abused by another person;
(d) any of the following information of which the first person is aware— (i) the student’s age; (ii) the identity of the person who is suspected to be likely to sexually abuse the student; (iii) the identity of anyone else who may have information about the suspected likelihood of abuse.
(i) the student’s age;
(ii) the identity of the person who is suspected to be likely to sexually abuse the student;
(iii) the identity of anyone else who may have information about the suspected likelihood of abuse.
(i) the student’s age;
(ii) the identity of the person who is suspected to be likely to sexually abuse the student;
(iii) the identity of anyone else who may have information about the suspected likelihood of abuse.
sec.70
Fee for distance education— Act , s 52
sec.70 Fee for distance education— Act , s 52
The fee mentioned in schedule 2 for the provision of distance education to a person mentioned in schedule 2 is prescribed for section 52 (2) of the Act .
sec.71
Refund of part of fee paid for distance education— Act , s 434
sec.71 Refund of part of fee paid for distance education— Act , s 434
This section applies if, because of a change in the personal circumstances of a person for whom a fee mentioned in section 52 (2) of the Act was paid in relation to the person’s enrolment for a school year, the person is—
no longer enrolled in a program of distance education at a State school; or
no longer enrolled to undertake a component of a program of distance education at a State school.
The person or, if another person paid the fee, the other person, may apply to the chief executive for a refund of part of the fee.
The application is not for a stated amount of refund. See subsections (5) and (6) for how to calculate a refund payable under this section.
The application must—
be made in writing before the end of semester 1 of the school year to which the fee relates; and
give details of the change in the person’s personal circumstances.
a change in the person’s residence because of a transfer in the employment of a parent of the person
The chief executive may refund part of the fee if the chief executive is satisfied it is appropriate and reasonable to do so because of the change in the person’s personal circumstances.
If the chief executive decides to refund part of the fee, the chief executive must calculate the refund payable in accordance with the departmental policy for calculating the refund published on the department’s website.
For calculating the refund, the person’s enrolment in, or enrolment to undertake a component of, the program of distance education is taken to have ended on the day the application was made.
(sec.71-ssec.1) This section applies if, because of a change in the personal circumstances of a person for whom a fee mentioned in section 52 (2) of the Act was paid in relation to the person’s enrolment for a school year, the person is— no longer enrolled in a program of distance education at a State school; or no longer enrolled to undertake a component of a program of distance education at a State school.
(sec.71-ssec.2) The person or, if another person paid the fee, the other person, may apply to the chief executive for a refund of part of the fee. The application is not for a stated amount of refund. See subsections (5) and (6) for how to calculate a refund payable under this section.
(sec.71-ssec.3) The application must— be made in writing before the end of semester 1 of the school year to which the fee relates; and give details of the change in the person’s personal circumstances. a change in the person’s residence because of a transfer in the employment of a parent of the person
(sec.71-ssec.4) The chief executive may refund part of the fee if the chief executive is satisfied it is appropriate and reasonable to do so because of the change in the person’s personal circumstances.
(sec.71-ssec.5) If the chief executive decides to refund part of the fee, the chief executive must calculate the refund payable in accordance with the departmental policy for calculating the refund published on the department’s website.
(sec.71-ssec.6) For calculating the refund, the person’s enrolment in, or enrolment to undertake a component of, the program of distance education is taken to have ended on the day the application was made.
(a) no longer enrolled in a program of distance education at a State school; or
(b) no longer enrolled to undertake a component of a program of distance education at a State school.
(a) be made in writing before the end of semester 1 of the school year to which the fee relates; and
(b) give details of the change in the person’s personal circumstances. Example of a change in personal circumstances— a change in the person’s residence because of a transfer in the employment of a parent of the person
sec.72
Refused application for refund of part of fee for distance education
sec.72 Refused application for refund of part of fee for distance education
If the chief executive decides not to grant an application made under section 71 , the chief executive must give the applicant notice of the decision and the reasons for it.
The applicant may, within 14 days after the notice is given, apply to the chief executive for a reconsideration of the decision.
Unless the chief executive made the decision personally, the chief executive must ensure the decision is not reconsidered by—
the person who made the decision; or
a person in a less senior office in the department than the person who made the decision.
(sec.72-ssec.1) If the chief executive decides not to grant an application made under section 71 , the chief executive must give the applicant notice of the decision and the reasons for it.
(sec.72-ssec.2) The applicant may, within 14 days after the notice is given, apply to the chief executive for a reconsideration of the decision.
(sec.72-ssec.3) Unless the chief executive made the decision personally, the chief executive must ensure the decision is not reconsidered by— the person who made the decision; or a person in a less senior office in the department than the person who made the decision.
(a) the person who made the decision; or
(b) a person in a less senior office in the department than the person who made the decision.
sec.73
Fee for specialised educational programs— Act , s 55
sec.73 Fee for specialised educational programs— Act , s 55
For section 55 (1) of the Act , each specialised educational program mentioned in schedule 3 , column 1 is prescribed.
For section 55 (2) of the Act , the fee prescribed for a specialised educational program is the fee mentioned in schedule 3 , column 2 for the program.
(sec.73-ssec.1) For section 55 (1) of the Act , each specialised educational program mentioned in schedule 3 , column 1 is prescribed.
(sec.73-ssec.2) For section 55 (2) of the Act , the fee prescribed for a specialised educational program is the fee mentioned in schedule 3 , column 2 for the program.
sec.74
Prescribed State schools— Act , s 419A
sec.74 Prescribed State schools— Act , s 419A
Each State school mentioned in schedule 4 is prescribed for section 419A (5) of the Act , definition prescribed State school , paragraph (b) .
sec.75
Section sec.75
s 75 om 2018 SL No. 141 s 6
sec.76
Fee for criminal history check for application for enrolment as mature age student— Act , s 155B
sec.76 Fee for criminal history check for application for enrolment as mature age student— Act , s 155B
For section 155B (1) (b) of the Act , the fee mentioned in schedule 5 is prescribed.
However, the chief executive may waive, entirely or partly, payment of the fee if the chief executive is satisfied payment of the fee would cause financial hardship to the person liable to pay the fee.
(sec.76-ssec.1) For section 155B (1) (b) of the Act , the fee mentioned in schedule 5 is prescribed.
(sec.76-ssec.2) However, the chief executive may waive, entirely or partly, payment of the fee if the chief executive is satisfied payment of the fee would cause financial hardship to the person liable to pay the fee.
pt.9
Repeal and transitional provisions
Repeal and transitional provisions
pt.9-div.1
Repeal
Repeal
sec.77
Repeal
sec.77 Repeal
The Education (General Provisions) Regulation 2006 , SL No. 246 is repealed.
(sec.77-ssec) The Education (General Provisions) Regulation 2006 , SL No. 246 is repealed.
pt.9-div.2
Transitional provision for SL No. 161 of 2017
Transitional provision for SL No. 161 of 2017
sec.78
Undecided application by overseas student or intending overseas student for approval to enrol in particular course
sec.78 Undecided application by overseas student or intending overseas student for approval to enrol in particular course
This section applies to an application—
made, before the commencement, under section 63 of the repealed regulation, by an overseas student, or intending overseas student, for approval to enrol in an approved course offered at a State school; and
not decided before the commencement.
Section 63 of the repealed regulation continues to apply in relation to the application as if this regulation had not been made and the repealed regulation were still in force.
In this section—
repealed regulation means the repealed Education (General Provisions) Regulation 2006 as in force immediately before the commencement.
(sec.78-ssec.1) This section applies to an application— made, before the commencement, under section 63 of the repealed regulation, by an overseas student, or intending overseas student, for approval to enrol in an approved course offered at a State school; and not decided before the commencement.
(sec.78-ssec.2) Section 63 of the repealed regulation continues to apply in relation to the application as if this regulation had not been made and the repealed regulation were still in force.
(sec.78-ssec.3) In this section— repealed regulation means the repealed Education (General Provisions) Regulation 2006 as in force immediately before the commencement.
(a) made, before the commencement, under section 63 of the repealed regulation, by an overseas student, or intending overseas student, for approval to enrol in an approved course offered at a State school; and
This section applies in relation to a person auditing the accounts of an association under section 47 from the commencement.
It does not matter that the person was appointed before the commencement if the person otherwise satisfies the requirements mentioned in section 47(1).
s 79 ins 2019 SL No. 170 s 8
(sec.79-ssec.1) This section applies in relation to a person auditing the accounts of an association under section 47 from the commencement.
(sec.79-ssec.2) It does not matter that the person was appointed before the commencement if the person otherwise satisfies the requirements mentioned in section 47(1).
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This regulation may be cited as the Education (General Provisions) Regulation 2017 .
sec.2 Commencement
sec.2 Commencement
This regulation commences on 1 September 2017.
sec.3 Definitions
sec.3 Definitions
The dictionary in schedule 6 defines particular words used in this regulation.
pt.2 Management of State instructional institutions
Management of State instructional institutions
pt.2-div.1 Management generally
Management generally
sec.4 Management of State instructional institution
sec.4 Management of State instructional institution
The person in charge of a State instructional institution is its principal.
The principal must manage the institution in a way that—
ensures effective, efficient and appropriate management of public resources; and
promotes a caring, safe and supportive learning environment; and
supports and monitors the academic progress of all students of the institution.
Without limiting subsection (2) , the principal must—
promote educational practices at the institution that lead to the improvement of student learning outcomes; and
provide for the effective administration of matters relating to the students of the institution; and
promote organisational and staffing structures at the institution that encourage each staff member of the institution to become, and continue to be, skilled, confident and responsible in performing his or her role as the staff member; and
promote continuous evaluation and improvement of the institution’s operations and delivery of services; and
ensure the students of the school are effectively supervised; and
while the students of the school are under the principal’s care and control, take reasonable steps to ensure—
the required standard of behaviour of the students is clearly defined; and
the standard of behaviour of the students is monitored.
(sec.4-ssec.1) The person in charge of a State instructional institution is its principal.
(sec.4-ssec.2) The principal must manage the institution in a way that— ensures effective, efficient and appropriate management of public resources; and promotes a caring, safe and supportive learning environment; and supports and monitors the academic progress of all students of the institution.
(sec.4-ssec.3) Without limiting subsection (2) , the principal must— promote educational practices at the institution that lead to the improvement of student learning outcomes; and provide for the effective administration of matters relating to the students of the institution; and promote organisational and staffing structures at the institution that encourage each staff member of the institution to become, and continue to be, skilled, confident and responsible in performing his or her role as the staff member; and promote continuous evaluation and improvement of the institution’s operations and delivery of services; and ensure the students of the school are effectively supervised; and while the students of the school are under the principal’s care and control, take reasonable steps to ensure— the required standard of behaviour of the students is clearly defined; and the standard of behaviour of the students is monitored.
Imposes a duty to take reasonable steps to care for institutional property on principals, deputy principals, staff and property managers (s 16).
Prescribes enrolment age rules for preparatory year and years 1-6, with limited principal discretion to admit younger children where readiness or prior equivalent education exists (s 17-18). It also empowers principals to request documentary evidence of date of birth and parentage (s 19).
Requires principals to record absences in a manner determined by the chief executive, defines "unexplained absence", and creates duties to notify parents and report to relevant State authorities where appropriate (s 20-23).
Permits teachers to set homework and gives principals responsibility for deciding reasonable amounts, with regard to the school’s homework policy (s 24).
Prescribes the contents of transfer notes under the Act, covering student identity, medical, attendance, performance and legal orders such as custody or guardianship orders (s 25).
Regulates religious instruction in State schools, including approval and production of accreditation, limits on what religious instructors may teach, consent requirements for students to attend denominations other than their own, weekly time allocation, a register of religious instructors and prohibitions on leaving publications at schools (s 26-34).
Sets out formation, governance and administrative requirements for parents and citizens associations, including constitution requirements, member registers, election processes, audit standards, subcommittee rules and processes for dissolution and disposal of assets (s 35-51, s 47 in particular for audit standards).
Provides administrative powers for the chief executive and Minister to close amenities or dissolve school councils, with show‑cause, consultation and review processes (s 51-60). The chief executive may issue directions or guidelines to principals and staff that must be complied with (s 9).
Controls access to student reports, permitting release only in limited circumstances, such as court authorisation, parental or student consent, or where the chief executive is satisfied the requester has sufficient interest and the public interest or non‑detriment test is met; fees for preparation may apply and the chief executive may waive fees on grounds of hardship (s 62).
Prescribes processes for overseas student enrolment at State schools under the Commonwealth ESOS Act, taking a registered provider’s confirmation of enrolment to be the State school enrolment (s 63).
Entrusts the Minister and department with rule‑making or policy publication duties on student vacations and sale of particular items at State institutions, and requires the policies be published and publicly accessible (s 64, s 66).
Creates limited offences and penalties, for example a 10 penalty unit maximum for distributing non‑education documents at school premises without principal permission (s 67).
Prescribes fees or references schedules for distance education, specialised programs and criminal history checks for mature age students, and provides for refund mechanics and reconsideration rights in some circumstances (s 70-73, s 76, s 71-72).
The Regulation contains transitional provisions preserving existing applications under the repealed 2006 Regulation and transitional audit appointment rules (s 78-79). Several provisions refer to schedules for fees and lists, which are not reproduced in the text supplied (for example schedules 1-5, and schedules 2-4 referred to in ss 70, 73 and 74).
Where the instrument references other statutory schemes, the referenced statutes govern specific limits and interaction, for example the Liquor Act 1992 in respect of restricted areas and prescribed quantities (s 15), the Police Powers and Responsibilities Act 2000 in relation to police seizure (s 12(3)(a)), and the Education Services for Overseas Students Act 2000 for overseas student definitions (s 63). Overall, the Regulation operationalises school governance, staff and student administration, property and premises use, associations governance and specified reporting, audit and fee procedures across Queensland State instructional institutions.
Main concepts
The Regulation organises the school system’s routine legal mechanics around a small set of recurring institutional actors and concepts, and places many duties on those actors.
Principal and chief executive roles
Principal is the person in charge of a State instructional institution and is the primary operational decision‑maker on site, with explicit statutory duties to manage resources, the learning environment and student progress, and to ensure supervision and behavioural standards (s 4). The principal can allocate work to staff, require attendance at meetings and supervise student activities (s 5-7).
Chief executive appears as the departmental official with delegated authority to issue directions or guidelines that are binding on principals, teachers and other persons under the Regulation, to decide permission requests to use premises, to approve policies (for example about sale of items, s 66), and to take enforcement actions such as ordering the closure of an amenity (s 9, s 13, s 51). The chief executive also receives notices of association officers (s 43) and oversees audit approvals for association auditors where the auditor is a member (s 47).
Discretion versus mandatory duties
The text frequently distinguishes mandatory duties, expressed as "must", from discretionary choices expressed as "may". For example, principals must record absences in the way the chief executive decides (s 20), but the chief executive may give directions or guidelines (s 9). Principals may require staff to work outside allocated instruction periods if the principal considers it necessary and reasonable (s 6). Many administrative powers therefore turn on subjective or objective assessments such as "satisfied", "necessary and reasonable", "appropriate", or "reasonable time", which embed administrative discretion into daily decision‑making (s 11, s 12, s 6).
Property and premises governance
The Regulation deals with both temporary removal of student property and external use of school premises. Principals and staff may remove property from students for listed reasons related to safety, respect and administration (s 11). Removed property must be made available for collection in a "reasonable time" and the principal must take reasonable care to ensure the property is in the same condition as when removed, subject to specified exceptions including police seizure and ownership doubts (s 12).
Use of school premises by third parties is regulated through written applications to the chief executive, with special provisions where liquor is involved, including association agreement requirements and compliance with the Liquor Act and restricted area rules (s 13-15).
Associations and financial controls
Parents and Citizens associations are given detailed formation, membership, governance, meeting, notice, auditing, subcommittee and dissolution rules (s 35-51). The Regulation prescribes audit standards for associations, including who is a suitably qualified person and verification of financial accounts to certify that financial statements are true and fair and in accord with chief executive requirements (s 47).
Student administrative concepts
Age criteria for enrolment, with principal discretion for readiness or prior equivalent education, are specified for preparatory year and years 1-6 (s 17-18).
Attendance, "unexplained absence", reporting of absences to parents and to relevant authorities where appropriate, and principal powers to ask for clarification of reasons, are defined and operationalised (s 20-23).
Religious instruction is regulated separately with accredited representative approval, consent requirements, limits on instruction, registers of instructors and prohibitions on distribution of denominational publications except in authorised ways (s 26-34).
Accountability and review processes
The Regulation establishes administrative review and internal appeal processes. Associations can ask the Minister to review chief executive decisions ordering closure of amenities (s 52). School councils subject to public interest directions receive show‑cause notices and may make written representations (s 54-57). The chief executive may dissolve a school council after consultation and upon publication in the gazette, and aggrieved members of the school community who made representations may request Ministerial review (s 58-60).
Cross‑statutory references and limits
The Regulation deliberately defers on some technical limits to separate statutes, for example the Liquor Act 1992 for restricted areas and prescribed quantities (s 15), the Police Powers and Responsibilities Act 2000 for police seizures (s 12(3)(a)), the ESOS regime for overseas students (s 63), and the Auditor‑General Act for what constitutes a public sector entity in the audit context (s 47). It also preserves the primacy of certain Act chapters and sections, for example stating that some provisions apply subject to chapter 8 of the Act (s 17, s 18).
Fees, waivers and refunds
Fees are prescribed by schedules referenced in the Regulation for reports, distance education, specialised programs and criminal history checks (s 62, s 70-73, s 76). The chief executive is given power to waive fees in defined hardship circumstances (s 62(5), s 76(2)). Refund mechanics for distance education are tied to departmental policy and specific timeframes for applications (s 71-72).
Terminology anchors
Terms such as "staff member", "student", "student holiday", "non‑education document", "association", "restricted area" and definitions for schedules are used throughout and either defined within the Regulation or referenced to the Act or other statutes (for example s 10, s 13, s 15, s 67).
These core concepts structure the Regulation’s incentives and administrative flows, embedding principal‑level decision‑making, central departmental oversight and ministerial review. The Regulation prescribes processes and records that create administrative costs, and it centralises significant discretionary power in the chief executive and principals while providing limited statutory review routes for associations, councils and aggrieved community members.
Who it affects
The Regulation identifies and affects several distinct categories of actors. For each, the text assigns duties, rights or procedural entitlements. Below is a practical mapping of who is affected and in what statutory ways.
Principals (State instructional institutions)
Principals are the person in charge of a State instructional institution and bear primary operational responsibility, including managing resources, ensuring a safe learning environment, supporting student progress, supervising students and establishing behaviour standards (s 4). They must allocate and supervise staff work, report known or suspected staff misconduct in writing to the chief executive, and encourage appropriate teaching techniques (s 5). Principals make decisions on enrolment age exceptions (s 17-18), manage removal and return of student property (s 11-12), record and respond to absences (s 20-23), set reasonable homework amounts in line with school policy (s 24), fix the period for religious instruction (s 29), keep a register of religious instructors (s 32), and comply with chief executive policies such as sale of particular items (s 66).
Teachers and other staff members
Teachers must perform duties allocated by the principal, take an active interest in extracurricular activities and engage in professional development (s 7). Staff may be required by the principal to work outside allocated instruction periods where necessary and reasonable, including supervising students and attending staff meetings (s 6). Under s 11 and s 12, staff members of State schools may remove property from students and must follow return protocols and exceptions.
Students and parents
Students are affected by enrolment age rules (s 17-18), attendance recording and unexplained absence regimes (s 20-23), property removal policies (s 11-12), religious instruction consent rules (s 30), and homework expectations (s 24). Parents of children are specifically implicated: they must provide documentary evidence of birth when requested by the principal unless the principal is satisfied it is inappropriate for the parent to do so (s 19); they must be informed about and asked reasons for unexplained absences (s 22); parents may withdraw students from religious instruction and the principal must arrange alternate instruction in a separate location (s 31). Parents may be members of parents and citizens associations and participate in formation, elections and governance (s 35-46).
Parents and Citizens associations, interim associations, and subcommittees
The Regulation provides a detailed statutory framework for formation, membership, constitutions, elections, meetings, audits and dissolution of associations (s 35-51). Associations must adopt constitutions (s 38), keep member registers with specified information (s 41), elect officers at AGMs under prescribed nomination and voting rules (s 42), provide notice of officers to the chief executive (s 43), hold AGMs and other meetings to specified quorum rules (s 44-46), and appoint suitably qualified auditors to audit accounts (s 47). Associations conducting amenities such as tuckshops must comply with the chief executive and may be ordered closed (s 51).
School councils and school community
School councils are subject to the regulatory dissolution regime in Part 7. The Minister may give a show‑cause notice where a council is believed not to have complied with a public interest direction (s 54). The chief executive can dissolve a council after consultation and after publishing a gazette notice (s 58-59), and affected school community members who made representations may ask the Minister to review the chief executive’s decision (s 60). School councils therefore face both supervisory oversight and defined procedural protections.
Chief executive and Minister
The chief executive wields multiple administrative powers, including issuing binding directions or guidelines under the Regulation (s 9), deciding permission to use premises and conditions for liquor (s 13-15), ordering closure of amenities (s 51), prescribing policies (s 66), keeping departmental registers and approving auditors (s 47, s 43), and supervising dissolution processes in concert with the Minister (s 58-60). The Minister has higher‑level functions relating to dissolve decisions and review of chief executive actions, and must approve student vacation days and publish those days on the department website (s 64).
Religious instructors and accredited representatives
Religious instructors must be accredited representatives approved under the Act, produce approvals when asked by the principal (s 26-27), may only give religious instruction approved by their denomination or society (s 28), and attendance of students of other denominations requires parental written consent with some exceptions for ecumenical arrangements (s 30). Religious instructors may distribute denominational publications only as part of religious instruction; non‑instructors are prohibited from using or leaving those publications on school premises (s 34).
Auditors and suitably qualified persons
Persons auditing association accounts must be appointed by the association at an AGM or special meeting, be suitably qualified, and where practicable be a member of the local community aware of association activities (s 47). The Regulation prescribes who counts as a suitably qualified person, including members of CPA Australia, Chartered Accountants Australia and New Zealand, Institute of Public Accountants, or suitably experienced employees of public sector entities or relevant private organisations (s 47).
Overseas students and registered providers
The Regulation adopts ESOS Act terminology and treats a registered provider’s confirmation of enrolment for a State school location as enrolment in the State school for State law purposes (s 63). The Regulation states that this section contains the entire process to obtain State school enrolment for such students and displaces chapter 8 of the Act for these cases (s 63(3)).
Persons distributing documents and organisers of events
A person must not distribute a non‑education document at State instructional institution premises without principal permission; an offence attracts a maximum penalty of 10 penalty units (s 67). Persons wishing to use premises for social functions including liquor must apply in writing to the chief executive and, where an association exists, obtain association agreement for liquor to be taken onto premises (s 13-14).
Entities with a role in child protection, police and courts
The Regulation contemplates interaction with police and child protection departments. Principals are permitted to report unexplained absences to a "relevant authority" which includes police and the department administering the Child Protection Act 1999 (s 22). The return of property is subject to police seizure under the Police Powers and Responsibilities Act 2000 (s 12(3)(a)).
Persons paying fees and applicants for refunds
The chief executive may charge fees for preparation of student reports, distance education, specialised programmes and criminal history checks under schedule references (s 62, s 70, s 73, s 76). The Regulation gives the chief executive discretion to waive fees for financial hardship (s 62(5), s 76(2)). It also sets application timeframes and reconsideration rights for refunds of distance education fees (s 71-72).
In short, the Regulation affects the entire school ecosystem, concentrating operational authority at principal level for daily management and at the chief executive and Minister for system‑level permissions, policy, compliance and review, while allocating governance and financial responsibilities to parents and citizens associations and school councils.
Key duties and rights
This section sets out the principal statutory duties and rights the Regulation creates, with references to the controlling provisions. The focus is on obligation allocation, timeframes, and review or appeal hooks embedded in the instrument.
Principal duties and decision powers
Management duties, supervision and educational outcomes: Principals must manage their State instructional institution to ensure effective resource management, promote a caring, safe and supportive learning environment, and support and monitor academic progress of all students. They must promote practices to improve learning outcomes, administer student matters, encourage capable staffing structures, promote continuous improvement, supervise students and, when students are under their care, take reasonable steps to define and monitor required standards of behaviour (s 4(2)-(3)).
Staff allocation and misconduct reporting: Principals must allocate and supervise staff work, promptly report known or suspected staff misconduct to the chief executive in writing, and encourage appropriate teaching techniques (s 5).
Work outside allocated instruction periods: Principals may require staff to work outside instruction periods on a school day if necessary and reasonable, including attending staff meetings and supervision tasks (s 6).
Property removal and return: Principals and staff may remove student property when satisfied removal is necessary to promote safety, respect, responsibility or administration. They must make removed property available for collection within a reasonable time by the student or, in prescribed circumstances, a parent. Exceptions to return obligations include police seizure, ownership doubts and inability to contact the student or parent; the principal must take reasonable care to ensure returned property is in the same condition (s 11-12).
Attendance and absence management: Principals must record absences in the manner decided by the chief executive (s 20). For unexplained absences, a principal must inform a parent where the student is a child and ask for the reason, unless it is inappropriate in the circumstances; principals must ask students for reasons where applicable and may report unexplained absences to a relevant authority if considered appropriate (s 21-22).
Religious instruction duties: Principals must fix the period for religious instruction during school hours (s 29), maintain a register of religious instructors and ensure students do not attend instruction by instructors of denominations other than their own without written parental consent (s 30-32). Principals must arrange alternate separate instruction where a student has been withdrawn from all religious instruction (s 31).
Reporting and evidence powers: Principals can request documentary evidence of date of birth or parentage (s 19). Where appropriate, they can ask students directly for such evidence, for example where a student is living independently (s 19).
Compliance with chief executive policies: Principals must comply with departmental policies, such as a sale‑of‑items policy published on the department’s website, and with directions or guidelines given by the chief executive under the Regulation (s 9, s 66).
Teacher and staff duties and rights
Perform allocated duties, participate in extracurricular activities, and undertake professional development (s 7).
May be required to perform duties outside allocated instruction periods as directed by the principal when considered necessary and reasonable (s 6).
Association duties and rights
Formation and governance obligations: Principals may call meetings to form P&C associations. Associations must adopt a constitution that includes procedures for meetings, officers’ functions and account procedures (s 35, s 38). Associations may resolve constitution amendments by majority at AGMs or special meetings, considering any chief executive model constitution (s 39).
Membership and registers: Applicants for membership are members unless refused within two months. Associations must keep registers of members with specified information, including additional age or status information where members are not parents or staff (s 40-41).
Election and notice obligations: Officers are elected at AGMs with nominated procedures, including lot as tie‑breaker; the association secretary must notify the chief executive of officer names and contact details as soon as practicable (s 42-43).
Financial accountability: Associations must hold AGMs within set timeframes, meet quorum requirements, and appoint suitably qualified auditors at AGMs or special meetings. Auditors must verify financial accounts and certify whether financial statements agree with the accounts and present a true and fair view consistent with the chief executive’s requirements (s 44-47). Associations may establish subcommittees, but funds raised by subcommittees are association funds and remain under association control (s 48).
Conduct of amenities and closure process: Associations may conduct tuckshops or amenities but must meet the chief executive’s tests for usefulness to staff or students. The chief executive may order closure or immediate closure, must provide reasons and notice periods, and associations have 28 days to request Ministerial review (s 51-52).
School council procedural rights and obligations
Show cause and review process for public interest directions: If a council is believed not to have complied with a public interest direction given by the Minister, the Minister must give a show‑cause notice allowing at least 28 days for written representations which the Minister must consider (s 54-56). Following consideration, the Minister may end the process or dissolve the council by notice (s 57).
Chief executive dissolution and consultation: The chief executive may dissolve a school council if the chief executive considers the council is not satisfactorily fulfilling its functions or the school community generally supports dissolution, subject to consultation requirements (s 58-59). The chief executive must consult with the council, the principal, staff, associations, students and any other interested entities, and publish a notice in the school newsletter inviting written representations for at least 28 days (s 59). Aggrieved persons who made representations may ask the Minister to review a dissolution decision, with the Minister required to review and give reasons, and to set aside the decision where appropriate (s 60).
Fees, refunds and waiver rights
Fees for reports, distance education, specialised programs and criminal history checks are prescribed by schedules referenced in the Regulation. The chief executive may waive fees in part or whole on financial hardship grounds for student reports and for criminal history check fees for mature age students (s 62(5), s 76(2)). For distance education refunds due to changed personal circumstances, an application in writing must be made before the end of semester 1, and any refund is calculated in line with departmental policy (s 71).
Limited offences and penalties
A person who distributes a non‑education document at State instructional institution premises without principal permission commits an offence with a maximum penalty of 10 penalty units, with a specific exception for religious instructors distributing denominational publications as part of religious instruction (s 67).
Administrative direction powers and mandatory compliance
The chief executive may give binding directions or guidelines to principals, teachers and other persons under the Regulation, and those persons must comply (s 9). This creates a mandatory compliance duty to follow departmental directions.
Rights to information and registers
The chief executive must publish policies on the department’s website and keep copies available for public inspection at the head office, and persons may obtain copies without payment for some policies (s 66). Associations must ensure records of members and officers are properly kept and reported to the chief executive (s 41, s 43).
Overall, the Regulation concentrates day‑to‑day operational duties on principals and assigns governance and financial accountability duties to associations, while conferring supervisory, policy and enforcement powers on the chief executive and Minister. Several statutory rights for review and reconsideration are provided to associations, school councils and aggrieved school community members, subject to the Regulation’s prescribed timeframes and procedural requirements.
Penalties and enforcement
The Regulation is primarily administrative, embedding compliance through mandatory duties, enforcement notices and limited statutory offences. This section describes enforcement tools, penalty provisions, review mechanisms and practical enforcement risks established by the text.
Express offences and penalties
Distribution of non‑education documents: A person must not distribute a non‑education document at a State instructional institution’s premises without the principal’s permission. The maximum penalty is 10 penalty units. The provision exempts a religious instructor distributing a denominational publication as part of religious instruction (s 67). No other specific criminal offences are created within the Regulation text provided.
Administrative orders and directions
Chief executive directions and guidelines: The chief executive may issue directions or guidelines to principals, teachers and other persons about functions and powers given under the Regulation, and those persons must comply (s 9). The directions are enforceable in that compliance is mandatory by the text.
Closure of amenities: The chief executive may, by notice, order the closure of an amenity run by an association if the chief executive believes the amenity is not helping or is hindering staff or students in their duties or studies. The chief executive may order immediate closure where it is necessary for health or safety. Notices must set out reasons and the day of closure, with at least 28 days for non‑immediate closures and an immediate order requiring immediate compliance (s 51(2)-(5)). Associations may request Ministerial review of closure or immediate closure within 28 days (s 52).
Dissolution of school councils: Two pathways exist. The Minister may give a show‑cause notice where there is believed non‑compliance with a public interest direction (s 54-57). Separately, subject to s 59 consultation, the chief executive may dissolve a school council if the chief executive considers the council is not satisfactorily fulfilling its functions or the school community supports dissolution, with dissolution effected by publication of a gazette notice (s 58). Aggrieved school community members who made written representations to the chief executive may request Ministerial review within 28 days of gazette notice publication (s 60). The Minister must review, decide to affirm or set aside, and publish notice if setting aside (s 60).
Requirement to comply with chief executive policy: Principals must comply with chief executive policies such as the policy about sale of particular items at a State instructional institution’s premises; the chief executive must publish the policy on the department’s website and make it available for public inspection (s 66). Non‑compliance would be a matter for the department and could trigger administrative action under s 9 powers.
Procedural enforcement and timeframes
Notice and representation periods are central to administrative fairness. Show‑cause notices must provide a show cause period of not less than 28 days (s 54(3)). Closure orders allow a 28‑day window for review requests (s 51(3), s 51(4), s 52(2)). Chief executive consultation over proposed dissolution must include publication in the school newsletter and a written representations window of at least 28 days (s 59(4)). For applicants refused distance education refunds, a reconsideration application to the chief executive must be made within 14 days (s 72(2)).
The Regulation makes express requirements about timing for AGMs and meetings of associations. Associations must hold annual general meetings within three months after the end of the preceding financial year (s 44(1)), and general meetings must be held at least three times a semester (s 45(1)). Failure to comply may attract departmental scrutiny or administrative consequences under the Act.
Audit and financial scrutiny
The Regulation prescribes audit requirements for associations: the person appointed to audit must be suitably qualified, appointed at an AGM or special meeting, and, to the extent practicable, a local community member familiar with the association’s activities. If the auditor is a member of the association, chief executive approval is required (s 47(1)-(2)). The auditor must examine collection and payment records, cashbooks, minutes and other relevant records, and verify financial balances with financial institutions to certify whether financial statements agree with financial accounts and present a true and fair view in accordance with chief executive requirements (s 47(3)-(4)). These audit standards enable departmental review of association finances and support administrative enforcement.
Discretionary waivers and conditionality
Fee waivers for reports and criminal history check fees are discretionary and exercisable by the chief executive on grounds of financial hardship (s 62(5), s 76(2)). This provides an administrative remedy but also concentrates discretion at the chief executive level.
The chief executive’s powers under s 9 to issue directions and guidelines, and the requirement that principals and staff must comply, create a centralised enforcement mechanism largely dependent on departmental administrative processes rather than criminal prosecution, except for the specific offence in s 67.
Interaction with police and courts
The Regulation acknowledges external enforcement actors. For example, return of removed property is subject to police seizure under the Police Powers and Responsibilities Act 2000 (s 12(3)(a)). The chief executive may release student reports only if authorised by a court or tribunal for particular proceedings, or in specified other circumstances (s 62). Principals may report unexplained absences to relevant State entities such as police or the department administering the Child Protection Act 1999 (s 22).
Practical enforcement risks and implementation burdens
The Regulation creates many "must" obligations that require record keeping, timely notices and procedural documentation (for example recording absences, member registers, audit reports, closure notices and show‑cause responses). Enforcement thus relies heavily on administrative process compliance and on the chief executive’s capacity to supervise and enforce compliance across many institutions.
Several enforcement powers hinge on subjective standards, such as "satisfied", "necessary and reasonable", "appropriate", "satisfactory fulfilment" and "school community generally supports". That subjectivity broadens administrative discretion and raises potential for disputes about whether the statutory standard was met; procedural protections (notice periods, review rights) partially mitigate but do not eliminate that risk (s 4, s 6, s 11-12, s 58-60).
In sum, enforcement under the Regulation is predominantly administrative, using mandatory duties, departmental direction and review mechanisms, audit and financial scrutiny, and limited criminal penalties. The chief executive occupies a central enforcement role, with statutory hooks for Ministerial oversight and limited review rights for affected associations, councils and aggrieved persons.
How it interacts with other laws
The Regulation operates as a subordinate instrument to the Education Act and interacts with multiple other statutes by cross‑reference. The text explicitly integrates external legal regimes for liquor control, policing, overseas student regulation and auditing. This section identifies those cross‑links and explains the legal dependency and practical implications.
Relationship to the Education Act and departmental Act structure
The Regulation is framed as subordinate to and complementary to the Education Act, with multiple direct references. For example, s 11 refers to policies or procedures for school discipline made under s 276 of the Act; s 25 prescribes the type of information required for transfer notes for the purposes of s 384(1) of the Act; and various provisions state they apply subject to chapters of the Act, for example the enrolment rules in ss 17-18 apply subject to chapter 8 of the Act (ss 17(4), 18(3)). The Regulation therefore operationalises and fleshes out administrative detail enabling compliance with Act provisions.
Liquor regulation
Permission to take liquor onto State educational premises is governed by the chief executive’s permission process under s 13, but s 13(4) disallows permission where premises are a "dry place" as defined in the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 s 27. Section 15 explicitly ties permission for liquor in restricted areas to the Liquor Act 1992, requiring a restricted area permit under that Act to possess in excess of the prescribed quantity, or otherwise imposing a condition limiting quantity to the prescribed amount (s 15(1)). If a person holds a restricted area permit, permissions granted under the Regulation are subject to the Liquor Act and the permit conditions (s 15(2)). Practically, event organisers must navigate both departmental permission and Liquor Act permit regimes.
Police powers and child protection
Return of removed property is constrained where a police officer has seized the property under the Police Powers and Responsibilities Act 2000, or has indicated investigation at the school but not yet attended (s 12(3)(a)-(b)). Reporting unexplained absences contemplates reporting to a "relevant authority" including police and the department administering the Child Protection Act 1999 (s 22(5)-(6)). These cross‑references create procedural dependencies where police or child protection investigations take precedence or limit school actions concerning property, disclosure and reporting.
Education Services for Overseas Students Act (ESOS)
Section 63 adopts ESOS Act terminology and treats a registered provider’s confirmation of enrolment for a State school location as enrolment in the State school and as making the person a student of the State school (s 63(1)-(2)). The Regulation further declares that this section states the entire process for obtaining State school enrolment in those cases and displaces chapter 8 of the Act for this specific process (s 63(3)). The provision therefore places ESOS processes at the centre for overseas student enrolment and precludes duplicate State administrative processes under chapter 8 for these cases.
Auditing and public sector oversight
The audit requirements for association accounts cross‑reference the Auditor‑General Act 2009 by incorporating the definition of "public sector entity" from that Act’s schedule (s 47(5)). The Regulation prescribes who is a "suitably qualified person" for audit purposes, including recognised accounting body members and employees with relevant commercial skills, and requires verification with financial institutions to certify true and fair presentation in accordance with chief executive requirements (s 47(1), (3)-(4)). These arrangements situate association finances within accepted auditing norms and enable departmental oversight consistent with public sector standards.
Aboriginal and Torres Strait Islander Communities Act
Section 13 refers to the definition of "dry place" in the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 s 27, disallowing permission to take liquor onto premises that are dry places. This intersection introduces culturally and legally defined limitations on liquor permissions for events at schools located in such communities (s 13(7)).
Police Powers and Responsibilities Act and criminal process
The text recognises that a police officer’s seizure under the Police Powers and Responsibilities Act 2000 can preclude return of removed property by the principal or staff (s 12(3)(a)). The Regulation therefore defers to police investigative powers and criminal process when evidence or property is relevant to an external investigation.
Other Act references
The Regulation refers to the Child Protection Act 1999 as an example of a department to which unexplained absences may be reported (s 22(6)). It also refers to the Acts Interpretation Act 1954 to clarify that references to provisions of another law include instruments made under those provisions, in the context of the ESOS Act reference (s 63(4)).
Practical legal implications of interaction
Compliance for certain activities requires multi‑statute approvals. For example, an external group wishing to hold a social function with alcohol on school premises must secure chief executive permission under s 13, obtain association agreement where an association exists (s 14), and ensure any necessary restricted area permit under the Liquor Act 1992 if the premises are within a restricted area or subject to prescribed quantities (s 15). The combined set of approvals increases administrative transaction costs and requires applicants to be aware of requirements under multiple legal regimes.
Where police or child protection processes intersect with school discipline or property, the Regulation defers to those external processes, which may delay school actions such as returning property or handling investigations (s 12, s 22). Schools thus must integrate internal procedures with external statutory timelines and obligations.
The Regulation’s reliance on chief executive directions and policy means that operational detail can be shifted to departmental policy instruments which are to be published on the department’s website or made available for inspection (s 66). Legal compliance therefore includes both statutory obligations and compliance with departmentally prescribed policy instruments, whose content can change administratively.
Overall, the Regulation is tightly integrated with other statutory frameworks and embeds a coordinate system where departmental administrative rules and external statute constraints determine the full set of lawful options for principals, associations and other affected parties.
Amendment history
The Regulation text supplied contains internal notes and marginal references to amendment instruments and dates. This section summarises the amendment metadata present in the text and the transitional provisions included within the Regulation. Where the text explicitly records an amendment or insertion, it is reported below.
Commencement and repeal
The Regulation commenced on 1 September 2017 (s 2). It repealed the Education (General Provisions) Regulation 2006, SL No. 246 (s 77).
Recorded amendments and insertions
Section 35 bears an amendment note: "s 35 amd 2022 SL No. 135 s 6". This indicates that s 35 (Formation of parents and citizens association) was amended by subordinate legislation SL No. 135 of 2022, section 6. The visible effect in the text includes an express allowance for meetings and participation by technology, for example teleconferencing and videoconferencing, and an explicit note that a person participating via such technology is taken to be present (s 35(3)-(4).
Section 47 carries the note "s 47 amd 2019 SL No. 170 s 4". That amendment is reflected in the detailed drafting of the audit provisions prescribing suitability criteria for auditors and the verification duties auditors must perform (s 47).
Section 79 is noted as inserted by "s 79 ins 2019 SL No. 170 s 8". Section 79 provides a transitional rule that auditors appointed before the commencement continue to be valid where they otherwise satisfy the requirements in s 47(1). This is a transitional accommodation to avoid disruption to existing audit appointments.
Section 75 is marked "s 75 om 2018 SL No. 141 s 6", indicating section 75 was omitted by SL No. 141 of 2018, section 6. The text marking indicates that s 75 is no longer part of the Regulation.
The repealing provision itself is s 77, which repeals the 2006 Regulation, and transitional provisions are contained in pt 9 divs 2 and 3.
Transitional provisions
Section 78 provides a transitional rule preserving undecided applications made under s 63 of the repealed 2006 Regulation, stating that the repealed s 63 continues to apply to those undecided applications as if the new Regulation had not been made (s 78(1)-(2)). This preserves applicant expectations for a transitional cohort of overseas students or intending overseas students.
Section 79 addresses auditors appointed before the commencement of a later amendment (presumably the Audit Requirements Amendment Regulation 2019), allowing them to continue if they meet the s 47(1) requirements despite the appointment being made earlier (s 79).
Schedules and fee updates
The Regulation contains numerous references to Schedules (for example schedules 1-5, and schedules 2-4). The text supplied does not include the schedules, and fee amounts or lists are therefore not visible. The fees and lists would be subject to amendment by the making or revision of schedules attached to the Regulation, or by later amendment instruments that update those schedules.
Limits on recorded amendment history
The supplied Regulation text includes only the marginal amendment notes cited above. It does not reproduce the full history of subordinate legislation beyond the cited SL numbers and years. Where the text shows "s 35 amd 2022 SL No. 135 s 6" or similar, that identifies the instrument and section that amended the Regulation but not the full content of the amendment instrument. Where the Regulation refers to the Act or other statutes, later amendments to those statutes are not recorded in this text.
Practical point
Several operational provisions rely on departmental policy or schedules (for example fees and specialised program lists). Such policies and schedules can change without amendment of the core Regulation through administrative processes or by amending schedules by regulation. Therefore, checking the latest published schedules and departmental policies is necessary to determine current fee levels and prescribed lists implicated by ss 70, 73 and 74.
In short, the provided text shows the Regulation was brought into force in 2017, replaced the 2006 Regulation, and has since been amended at least in part by subordinate legislation in 2018, 2019 and 2022 with transitional accommodations for auditors and undecided applications. The Regulation also relies on schedules and departmental policies that are not reproduced here and which may have been or may be amended separately.
Litigation history
The Regulation text provided contains no judicial decisions, case citations or litigation history. It does not name any court decisions nor record any litigation brought under its provisions. The instrument instead establishes internal administrative processes, including internal review and Ministerial review routes for certain decisions (for example closures of amenities and dissolution of school councils, ss 51-52, ss 54-60), but it does not provide a record of any litigation or judicial interpretation.
Practical consequences of the absence of litigation history in the text
Because the Regulation contains no embedded case law or judicial clarifications, implementation risks and interpretive uncertainties will fall to departmental practice and to potential judicial review or declaratory proceedings in the future. The Regulation uses many standards such as "satisfied", "reasonable", "satisfactory fulfilment", and "school community generally supports", which are inherently fact‑sensitive and may be the subject of future legal challenge about the standard of assessment, procedural fairness or reasonableness in exercise of administrative powers (see ss 4, 6, 11, 12, 58).
Where an affected person seeks legal redress, the likely routes would be external merits review (where available under the Act or other administrative review mechanisms), internal reconsideration (for example, the 14‑day reconsideration window for refused refunds under s 72), or judicial review on administrative law grounds such as jurisdictional error, failure to afford procedural fairness, or unreasonableness. The Regulation itself provides internal review rights for some actions (Ministerial review for associations and aggrieved community members, ss 52, 60), but judicial review remains a common pathway for challenging the lawfulness of administrative actions if internal remedies are exhausted or not available.
In the absence of reported litigation in the instrument, practitioners must rely on the plain statutory drafting in advising clients and should be alert to the potential for future case law to clarify subjective standards and procedural requirements.
For practitioners, the lack of litigation history in the Regulation means contemporary departmental policies, practice directions and administrative precedent will often determine day‑to‑day interpretation until case law develops. Administrative decision‑makers should document reasons and follow the procedural steps in the Regulation carefully to reduce the risk of successful legal challenge.
Gotchas
This Regulation contains a number of operational traps and sources of discretionary risk that will matter in practice. The following "gotchas" identify practical pitfalls grounded in the text, with references to the relevant provisions.
Wide administrative discretion with limited objective standards
Many powers hinge on standards like "satisfied", "necessary and reasonable", "reasonable time", "appropriate" and "satisfactory fulfilment". Examples include the principal’s decision to remove property (s 11), the chief executive’s directions (s 9), principals requiring staff to work outside instruction periods if "necessary and reasonable" (s 6), and the chief executive’s view that a school council is not "satisfactorily fulfilling its functions" (s 58). These subjective standards increase litigation and governance risk if decision‑makers do not document factual bases and reasoning.
Property removal and return timing uncertainty
Principals or staff must make removed property available "within a reasonable time" (s 12(1)), but the Regulation leaves "reasonable time" fact‑sensitive and without a fixed timeframe. The principal must consider condition, nature and value of property, circumstances of removal, safety and good management (s 12(5)). Failure to document these assessments could create disputes or claims for damage or loss, particularly where police involvement delays return (s 12(3)(a)-(b)).
Police seizure and ownership doubts block return obligations
The Regulation exempts principals from returning property where a police officer has seized it or where the principal suspects the student is not the owner (s 12(3)). Principals must make reasonable efforts to return property where they suspect it belongs to someone else (s 12(4)). Not adequately recording communication with police or attempts to contact owners can create reputational and liability issues.
Chief executive centralisation
Directions or guidelines from the chief executive are binding on principals, teachers and other persons under the Regulation (s 9). This centralised command structure can shift operational rules from Parliament to departmental policy or direction, creating compliance risk if departments change policy without wide stakeholder consultation.
Liquor permissions require multiple approvals
Event organisers must apply in writing to the chief executive for permission to use premises and for permission to take liquor onto premises (s 13). If an association exists, the association must agree to liquor being taken onto premises and to any proposed chief executive conditions (s 14). If the premises are in a restricted area, Liquor Act restricted area permits or prescribed quantity conditions apply (s 15). Event organisers must navigate a multi‑layered approvals process and check for dry place limitations under the Aboriginal and Torres Strait Islander Communities Act (s 13(7)).
Reporting and disclosure rules are constrained and discretionary
The chief executive may provide a report about a State school student only in limited circumstances (court authorisation, parental or student consent or where an Act permits), yet the chief executive may also release without consent if satisfied the requester has sufficient interest and the report is not detrimental or the public interest outweighs detriment (s 62(1)-(2)). Those tests are highly discretionary and administratively burdensome to apply; the Regulation also requires fees for preparation subject to waiver for hardship (s 62(4)-(5)).
Association membership automatic if no refusal within 2 months
A person who applies for membership is taken to be a member unless the association refuses within two months and gives reasons (s 40). Associations must maintain registers and account for members’ status and ages (s 41). Failing to respond to membership applications timely may involuntarily admit members with voting rights and obligations.
Audit appointment pitfalls
The Regulation requires the auditor to be appointed at an AGM or special meeting, to be suitably qualified and preferably a local community member (s 47(1)). If the auditor is a member of the association, chief executive approval is required (s 47(2)). Associations must ensure auditors verify financial balances with financial institutions to certify that financial statements agree with accounts and are true and fair in a form complying with the chief executive’s requirements (s 47(3)-(4)). Appointing an auditor who later does not satisfy these conditions can lead to audit invalidity and further compliance exposure.
Quick deadlines for refund and reconsideration
Refund applications for distance education must be made in writing before the end of semester 1 for the relevant school year (s 71(3)). If an application is refused, the applicant has only 14 days to ask the chief executive for reconsideration (s 72(2)). Missing these windows forfeits review rights.
Penalty for distributing non‑education documents
Distributing non‑education documents at school without principal permission attracts a maximum penalty of 10 penalty units (s 67). The definition of "non‑education document" is broad and covers any document not used in delivering an educational program, so campaigners, fundraisers or community groups should seek principal permission or risk penalty exposure.
Dissolution of school council process complexity
The chief executive may dissolve a council after consultation and public notice of consideration in the school newsletter, with at least 28 days for written representations (s 59). However, if a council is dissolved under the chief executive’s gazette notice, aggrieved persons who made representations have only 28 days from gazette publication to seek Ministerial review (s 60(3)). The chain of procedural steps is complex and subject to strict time limits and publication rules.
Missing schedules and reliance on departmental policy
The Regulation refers to multiple schedules for fees and lists (s 70, s 73, s 74), and requires chief executive policies to be published (s 66). Practitioners must check the schedules and departmental website for live policy content, since the statutory text alone does not show fee amounts or lists.
These practical “gotchas” emphasise the need for documented decision‑making, careful adherence to notice and timeframe requirements, procedural transparency when exercising discretionary powers, and active monitoring of chief executive policies and schedules that operationalise many of the Regulation’s obligations.
How to comply
This section provides actionable checklists and compliance steps for the principal actors identified in the Regulation: principals and school leadership, teachers and staff, parents and citizens associations, school councils, event organisers and associations, auditors, and persons dealing with student reports, fees and overseas student enrolment. Each checklist references the controlling provisions so readers can map tasks to statutory duties.
For principals and school leadership (primary on‑site duty holders)
Establish and document management systems to satisfy s 4:
Document resource management plans and budgeting processes to show effective, efficient and appropriate management of public resources (s 4(2)(a)).
Maintain documented student supervision rosters and behaviour standards, including processes showing how standards are defined and monitored (s 4(3)(e), s 4(3)(f)(i)-(ii)).
Maintain records of interventions and monitoring of student academic progress, and continuous improvement reviews (s 4(3)(a), s 4(3)(d)).
Staff management (s 5-7):
Keep written records of staff allocations and supervision decisions, and a process for allocating extracurricular duties (s 5(1)(a), s 7).
Establish a clear reporting pathway for suspected misconduct and ensure prompt written reporting to the chief executive as required (s 5(1)(b)).
Document expectations for teachers’ professional development and extracurricular engagement (s 7).
Property removal and return (s 11-12):
Before removing property, document factual justification mapped to the permitted reasons (s 11(1)(a)-(d)).
Record chain‑of‑custody and storage arrangements and the date/time of removal.
Document efforts to notify the student and parent when making property available for collection, and reasons if returning only to a parent is required or inappropriate (s 12(1)-(2)).
Where police involvement is indicated, record communications with police and rely on police instructions where applicable (s 12(3)(a)-(b)).
Ensure safe storage to preserve condition and sign‑off on return to demonstrate reasonable care (s 12(6)).
Absence recording and reporting (s 20-23):
Implement the chief executive’s prescribed absence recording system and train staff on how to use it (s 20).
For unexplained absences, follow the script and timing to inform parents and ask reasons, and document the interactions and any reports to relevant authorities (s 22).
If not satisfied about reasons for other absences, record inquiries to parent or student per s 23 and the basis for conclusions.
Religious instruction and registration (s 26-33):
Keep a register of accredited religious instructors and the dates/times of attendance (s 32).
Confirm accredited representative approvals are produced on request (s 27).
Ensure written parental consent for students attending denominational instruction other than their own, and provide alternative instruction for students withdrawn from all religious instruction (s 30-31).
Compliance with chief executive policies (s 9, s 66):
Subscribe to departmental policy updates and publish locally any applicable school policies derived from chief executive policy, for example sale policies (s 66).
Implement procedures to comply with binding directions or guidelines from the chief executive (s 9).
For teachers and other staff
Understand and document allocated duties, maintain records of professional development participation, and comply with principal directions for work outside allocated instruction periods if deemed necessary and reasonable (s 6-7).
When removing property under s 11, ensure written justification and contemporaneous records of the removal and chain of custody, and follow return procedures in s 12.
For parents and citizens associations
Formation and constitution (s 35-38):
Follow the formation provisions and, once formed, adopt a constitution promptly that covers AGMs, functions of officers and account procedures (s 35(2), s 38(1)-(2)).
Consider the chief executive model constitution when drafting the association constitution (s 38(3)-(4)).
Membership, registers and officers (s 40-43):
Respond to membership applications within the two‑month window; if refusing, give written reasons within two months to avoid unintended admission (s 40).
Maintain the association’s register with required information, including age/status details for non‑parent members and honorary life member records (s 41).
Conduct officer elections as required at AGMs and notify the chief executive of elected officers as soon as practicable (s 42, s 43).
Meetings, audit and financial management (s 44-47):
Hold the annual general meeting within three months after the financial year end, comply with quorum requirements and follow constitutional order of business (s 44).
Appoint a suitably qualified auditor at the AGM or a special meeting, ensure the auditor performs the verification duties with financial institutions, and keep audit documentation consistent with chief executive requirements (s 47).
Retain minutes, cashbooks and collection/payment records for audit examination (s 47(3)).
Conduct of amenities and closure process (s 51-52):
If running amenities such as tuckshops, document the amenity’s educational or staff support rationale and ensure compliance with health and safety requirements.
In the event of a chief executive closure notice, seek Ministerial review within 28 days if the association wishes to challenge the closure (s 51(3), s 52(2)).
For school councils and school community members
Show cause and consultation procedures (s 54-60):
If served with a show‑cause notice under s 54, prepare properly made written representations within the show cause period of at least 28 days.
If the chief executive is consulting about possible dissolution under s 59, ensure membership is aware of newsletter notices and submit written representations within the minimum 28‑day window.
If a council is dissolved and you are an aggrieved person who made representations, the Ministerial review request must be filed within 28 days of gazette notice publication (s 60(3)); prepare detailed grounds that map to the show cause or dissolution issues.
For event organisers seeking to use premises and permit liquor
Apply in writing to the chief executive for permission to use premises, and include the requested permission to take liquor where applicable (s 13(1)-(2)).
If an association exists, obtain the association’s agreement to liquor being taken onto the premises and to any proposed conditions from the chief executive (s 14).
If premises lie within a restricted area, either hold the relevant restricted area permit under the Liquor Act or accept a condition limiting the quantity to the prescribed quantity for the area (s 15(1)).
For auditors and suitably qualified persons
Ensure an appointment is made at an AGM or special meeting and that you meet the "suitably qualified person" definition in s 47. If you are a member of the association you will need chief executive approval to audit (s 47(1)-(2)).
Verify financial balances with banks and other financial institutions, examine records and certify conformity with chief executive requirements and true and fair presentation (s 47(3)-(4)).
For persons requesting student reports, refunds and fee waivers
Student reports: Obtain court or tribunal authorisation for access where required, or secure parental or student consent, or persuade the chief executive you have sufficient interest and that the report is not detrimental or that the public interest outweighs detriment (s 62(1)-(2)). Be prepared to pay the schedule 1 fee, unless a chief executive waiver for financial hardship is granted (s 62(4)-(5)).
Distance education fee refunds: File the refund application in writing before the end of semester 1 for the year the fee relates, set out the change in personal circumstances, and follow departmental policy for calculation of refunds (s 71(3)-(5)). If refused, use the 14‑day reconsideration process under s 72(2).
Criminal history check fee for mature age students: Check schedule 5 for prescribed amounts and apply for waiver from the chief executive on hardship grounds where appropriate (s 76).
General compliance documentation and record keeping
Maintain contemporaneous records for all statutory actions: property removals, absence notifications, membership applications and refusals, AGM minutes, officer notices to the chief executive, audit files, correspondence with police or child protection agencies, and any written representations to the chief executive or Minister (see ss 11-12, 20-23, 40-43, 47, 51-60).
Monitor the department’s website for the chief executive’s published policies and for the Minister’s student vacation approvals and publish school‑level notices where required (s 64, s 66).
Where the Regulation uses discretionary language, explicitly record the factual basis for decisions and the consideration of statutory factors to reduce legal risk.
Practical compliance governance
Adopt a compliance calendar to track deadlines such as AGMs, semester 1 refund deadlines, membership refusal windows, show cause and review periods, and publication or notice requirements.
Train staff on the proper chain of custody for removed property, absence reporting protocols, consent requirements for religious instruction, and the process to request permission for distribution of non‑education documents or to hold events with liquor.
Establish a secure document repository for audits, minutes and items needed to demonstrate that decisions were made in accordance with the Regulation and any applicable chief executive policies.
Following these steps and documenting the factual bases for discretionary choices will position schools, associations and individuals to meet the Regulation’s procedural requirements and to preserve internal review and external legal defences if challenged.
(a) ensures effective, efficient and appropriate management of public resources; and
(b) promotes a caring, safe and supportive learning environment; and
(c) supports and monitors the academic progress of all students of the institution.
(a) promote educational practices at the institution that lead to the improvement of student learning outcomes; and
(b) provide for the effective administration of matters relating to the students of the institution; and
(c) promote organisational and staffing structures at the institution that encourage each staff member of the institution to become, and continue to be, skilled, confident and responsible in performing his or her role as the staff member; and
(d) promote continuous evaluation and improvement of the institution’s operations and delivery of services; and
(e) ensure the students of the school are effectively supervised; and
(f) while the students of the school are under the principal’s care and control, take reasonable steps to ensure— (i) the required standard of behaviour of the students is clearly defined; and (ii) the standard of behaviour of the students is monitored.
(i) the required standard of behaviour of the students is clearly defined; and
(ii) the standard of behaviour of the students is monitored.
(i) the required standard of behaviour of the students is clearly defined; and
(ii) the standard of behaviour of the students is monitored.
sec.5 Management of staff members
sec.5 Management of staff members
The principal of a State instructional institution must—
allocate and supervise the work of each staff member of the institution; and
promptly report to the chief executive, in writing, known or suspected misconduct by a staff member of the institution; and
encourage teachers of the institution to use appropriate teaching techniques.
(a) allocate and supervise the work of each staff member of the institution; and
(b) promptly report to the chief executive, in writing, known or suspected misconduct by a staff member of the institution; and
(c) encourage teachers of the institution to use appropriate teaching techniques.
sec.6 Work of staff members outside period allocated for instruction
sec.6 Work of staff members outside period allocated for instruction
The principal of a State instructional institution may require a staff member of the institution to work, on a school day, outside the period allocated by the principal for instruction at the institution on the day, if the principal considers it necessary and reasonable in the circumstances.
Without limiting subsection (1) , the principal may require the staff member—
to attend a staff meeting, on a school day, outside that period; and
if the staff member is a teacher or teacher aide—to supervise the activities of students of the institution.
(sec.6-ssec.1) The principal of a State instructional institution may require a staff member of the institution to work, on a school day, outside the period allocated by the principal for instruction at the institution on the day, if the principal considers it necessary and reasonable in the circumstances.
(sec.6-ssec.2) Without limiting subsection (1) , the principal may require the staff member— to attend a staff meeting, on a school day, outside that period; and if the staff member is a teacher or teacher aide—to supervise the activities of students of the institution.
(a) to attend a staff meeting, on a school day, outside that period; and
(b) if the staff member is a teacher or teacher aide—to supervise the activities of students of the institution.
sec.7 Teachers to perform allocated duties
sec.7 Teachers to perform allocated duties
A teacher at a State instructional institution must—
perform the duties allocated to the teacher by the institution’s principal; and
take an active interest in extracurricular activities at the institution; and
engage in professional development activities.
(a) perform the duties allocated to the teacher by the institution’s principal; and
(b) take an active interest in extracurricular activities at the institution; and
(c) engage in professional development activities.
sec.8 Who is to assume functions and responsibilities of principal if principal absent
sec.8 Who is to assume functions and responsibilities of principal if principal absent
If the principal of a State instructional institution is absent from the institution, 1 of the following persons must assume the functions and responsibilities of the principal during the principal’s absence, until otherwise directed by the chief executive—
a deputy principal of the institution;
if the principal or the principal’s supervisor nominates another staff member of the institution to assume the functions and responsibilities—the other staff member.
(a) a deputy principal of the institution;
(b) if the principal or the principal’s supervisor nominates another staff member of the institution to assume the functions and responsibilities—the other staff member.
sec.9 Chief executive may give direction or guideline
sec.9 Chief executive may give direction or guideline
The chief executive may give a direction or guideline to a principal, teacher or other person about a function or power given to the principal, teacher or other person under this regulation.
The principal, teacher or other person must comply with the direction or guideline.
(sec.9-ssec.1) The chief executive may give a direction or guideline to a principal, teacher or other person about a function or power given to the principal, teacher or other person under this regulation.
(sec.9-ssec.2) The principal, teacher or other person must comply with the direction or guideline.
pt.2-div.2 Temporary removal of student’s property
Temporary removal of student’s property
sec.10 Definition for division
sec.10 Definition for division
In this division—
staff member , of a State school, means anyone employed by the department at the school.
sec.11 Power to remove property from student
sec.11 Power to remove property from student
The principal or a staff member of a State school may remove from a student at the school any property in the student’s possession if the principal or staff member is satisfied the removal is necessary—
to promote the caring, safe and supportive learning environment of the school; or
to maintain and foster mutual respect between staff members and students at the school; or
to encourage all students attending the school to take responsibility for their own behaviour and the consequences of their actions; or
to provide for the effective administration of matters relating to students of the school.
Under subsection (1) , the property may, for example, be removed from a student to ensure compliance with—
a policy or procedure for school discipline made under section 276 of the Act ; or
a direction or guideline given by the chief executive under the Act ; or
a policy approved, and implemented, by the chief executive under the Act .
(sec.11-ssec.1) The principal or a staff member of a State school may remove from a student at the school any property in the student’s possession if the principal or staff member is satisfied the removal is necessary— to promote the caring, safe and supportive learning environment of the school; or to maintain and foster mutual respect between staff members and students at the school; or to encourage all students attending the school to take responsibility for their own behaviour and the consequences of their actions; or to provide for the effective administration of matters relating to students of the school.
(sec.11-ssec.2) Under subsection (1) , the property may, for example, be removed from a student to ensure compliance with— a policy or procedure for school discipline made under section 276 of the Act ; or a direction or guideline given by the chief executive under the Act ; or a policy approved, and implemented, by the chief executive under the Act .
(a) to promote the caring, safe and supportive learning environment of the school; or
(b) to maintain and foster mutual respect between staff members and students at the school; or
(c) to encourage all students attending the school to take responsibility for their own behaviour and the consequences of their actions; or
(d) to provide for the effective administration of matters relating to students of the school.
(a) a policy or procedure for school discipline made under section 276 of the Act ; or
(b) a direction or guideline given by the chief executive under the Act ; or
(c) a policy approved, and implemented, by the chief executive under the Act .
sec.12 Return of removed property
sec.12 Return of removed property
The principal or staff member must, within a reasonable time after the property was removed from the student, make the property available for collection by—
the student; or
a parent of the student, if—
the student is a child; and
the principal considers it would be appropriate to make the property available for collection only by the parent considering—
the condition, nature and value of the property; and
the safety of the student, other students of the school and staff members of the school; and
the good management, administration and control of the school.
Subsection (1) (b) does not apply if the principal is satisfied it would be inappropriate in the circumstances to make the property available for collection by a parent of the student.
It may be inappropriate for the property to be made available for collection by a parent of the student if the student is living independently of his or her parents.
The principal or other staff member is not required to make the property available for collection under subsection (1) if—
a police officer has seized the property under the Police Powers and Responsibilities Act 2000 ; or
a police officer has indicated to a staff member of the school that a police officer will come to the school to investigate matters relating to the property, but no police officer has done so; or
the principal or other staff member knows, or suspects, the student is not the owner of the property; or
the principal or other staff member has made reasonable efforts to notify the student or a parent of the student that the property is available for collection, and has not been able to contact the student or a parent.
If the principal or staff member knows, or suspects, the student is not the owner of the property, the principal or staff member must make reasonable efforts to return the property to the owner.
In deciding what is a reasonable time for subsection (1) , the student or staff member must consider—
the condition, nature and value of the property; and
the circumstances in which the property was removed from the student; and
the safety of the student, other students of the school and staff members of the school; and
the good management, administration and control of the school.
The principal or other staff member must take reasonable care to ensure that property made available for collection under subsection (1) is in the same condition as it was in when the property was removed from the student.
(sec.12-ssec.1) The principal or staff member must, within a reasonable time after the property was removed from the student, make the property available for collection by— the student; or a parent of the student, if— the student is a child; and the principal considers it would be appropriate to make the property available for collection only by the parent considering— the condition, nature and value of the property; and the safety of the student, other students of the school and staff members of the school; and the good management, administration and control of the school.
(sec.12-ssec.2) Subsection (1) (b) does not apply if the principal is satisfied it would be inappropriate in the circumstances to make the property available for collection by a parent of the student. It may be inappropriate for the property to be made available for collection by a parent of the student if the student is living independently of his or her parents.
(sec.12-ssec.3) The principal or other staff member is not required to make the property available for collection under subsection (1) if— a police officer has seized the property under the Police Powers and Responsibilities Act 2000 ; or a police officer has indicated to a staff member of the school that a police officer will come to the school to investigate matters relating to the property, but no police officer has done so; or t
This is an opening excerpt, not the complete document.