Education Regulation 2005 (ACT)

This instrument, the Education Regulation 2005 (republished effective 1 January 2025), operationalises multiple parts of the Education Act 2004 by prescribing detail for compulsory education obligations, school governance and registration, home education, student movement record-keeping, and operational standards for government and non-government schools. It is a regulation made under the Education Act 2004 and incorporates amendments up to A2024-39 (see endnotes and front matter). The republication also records the value of a penalty unit for offences under the law as $160 for an individual and $810 for a corporation (Legislation Act 2001 reference in the republication notes).

Mechanically, it does the following (selected, statutory references where the regulation prescribes or requires the item):

Prescribes “reasonable excuses” that may be used under the Act to excuse a child’s non-attendance (see s 2AAA). Those excuses include illness, medical appointments, family violence supports, bereavement, religious and cultural observance, approved extracurricular participation, family holidays that do not adversely affect the course, legal proceedings, and any other circumstance a principal considers reasonable (s 2AAA(a)-(j)).
Specifies the data fields that must be kept in the student movement register under the Act (s 2AA) and the related information the director-general may share with other jurisdictions or collect under the Act (s 2AB). The regulation itemises the prescribed particulars for enrolments, enrolment endings, distance education starts/stops, and home-education registrations (s 2AA(1)-(6); s 2AB).
Requires government schools that provide residential boarding services to meet AS 5725:2015 (s 2B).
Identifies particular government schools required to include two student-elected board members (s 3 and Schedule 1), and requires the director-general to appoint staff nominees from small schools (s 4).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Education Regulation 2005 SL2005-1 made under the Education Act 2004 Republication No 19 Effective: 1 January 2025 Republication date: 1 January 2025 Last amendment made by A2024-39

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Education Regulation 2005, made under the Education Act 2004 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 January 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 January 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R19 01/01/25 Education Regulation 2005 Effective: 01/01/25 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Education Regulation 2005 made under the Education Act 2004 Contents Page Part 1 Preliminary 1 Name of regulation 2 2 Notes 2 2A Dictionary 2 Part 1A Compulsory education 2AAA Reasonable excuses—Act, s 10A (4), def reasonable excuse 3 2AA Student movement register—Act, s 10AA 4 2AB Student movement information—Act, s 10AC (2) 7

Contents Page contents 2 Education Regulation 2005 Effective: 01/01/25 R19 01/01/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Government schools 2B Requirements for provision of residential boarding services— Act, s 21 (3) 9 3 Schools with student board members—Act, s 41 (2) (f) 9 4 Appointment of staff member—Act, s 42 (4) 9 Part 3 Non-government schools 5 Registration standards—Act, s 84 10 6 In-principle approval application—Act, s 86 (2) (c) 10 6A Registration application—Act, s 89 (2) (e) 10 6B Notifiable changes notice—Act, s 96 (4) (d) 11 6C Registration amendment application—Act, s 98 (1) (i) 12 6D Applicant to update information 13 Part 4 Home education 7 Information for registration application—Act, s 131 (2) (b) 14 8 Conditions of registration for home education—Act, s 132 (1) (h) 15 9 Information for renewal of registration application—Act, s 137 (2) (b) 17 10 Home education reports about educational progress of child—Act, s 138 (2) 19 11 Home education register—Act, s 139 (2) 19 Schedule 1 Schools with student board members—Act, s 41 (2) (f) 21 Part 1.1 Schools 21 Part 1.2 Colleges 22 Schedule 2 Non-government schools registration standards 23 Part 2.1 Governance 23 2.1 Incorporation 23 2.2 Not-for-profit 23 2.3 Governance structure 23

Contents Page R19 01/01/25 Education Regulation 2005 Effective: 01/01/25 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 2.4 Financial viability 23 2.5 Policies and procedures 24 2.6 Annual statement 25 2.7 Continuous improvement 25 2.8 Enrolment policy, procedures and contracts 26 2.9 Complaints policy and procedures 26 Part 2.2 Educational programs 28 2.10 Curriculum 28 2.11 Educational program accessibility 29 2.12 Educational performance 30 2.13 Student learning outcomes 30 Part 2.3 Safety and welfare 31 2.14 Protection from harm 31 2.15 Child safe standards 31 2.16 Encouraging attendance 31 2.17 Student movement register 32 2.18 Behaviour management policy and procedures 32 Part 2.4 Other operational requirements 33 2.19 Compliance with territory and Commonwealth laws 33 2.20 Suitability of key individuals for the proprietor 34 2.21 Teaching staff 35 2.22 Compliance with Working with Vulnerable People (Background Checking) Act 2011 35 2.23 Buildings, facilities and grounds 35 2.24 Educational facilities 35 2.25 Residential boarding services 36 2.26 Emergency management plan 36 Dictionary 37 Endnotes 1 About the endnotes 39 2 Abbreviation key 39

Contents Page contents 4 Education Regulation 2005 Effective: 01/01/25 R19 01/01/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history 40 4 Amendment history 43 5 Earlier republications 46

R19 01/01/25 Education Regulation 2005 Effective: 01/01/25 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Education Regulation 2005 made under the Education Act 2004

Part 1 Preliminary Section 1 page 2 Education Regulation 2005 Effective: 01/01/25 R19 01/01/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of regulation This regulation is the Education Regulation 2005. 2 Notes A note included in this regulation is explanatory and is not part of this regulation. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 2A Dictionary The dictionary at the end of this regulation is part of this regulation. Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation. For example, the signpost definition ‘parental responsibility—see the Children and Young People Act 2008, section 15.’ means that the term ‘parental responsibility’ is defined in that section and the definition applies to this regulation. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

Compulsory education Part 1A Section 2AAA R19 01/01/25 Education Regulation 2005 Effective: 01/01/25 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1A Compulsory education 2AAA Reasonable excuses—Act, s 10A (4), def reasonable excuse The following circumstances are prescribed: (a) illness or medical issues, including physical or psychological; (b) recovery from a circumstance mentioned in paragraph (a); (c) attending a medical appointment (including an appointment with a health practitioner in relation to the student’s mental health) where an out of hours appointment is not possible or appropriate; (d) accessing support or assistance in relation to domestic or family violence; (e) bereavement or attending the funeral of a relative or friend of the student; (f) religious or cultural observation; (g) family holidays that do not adversely affect the student’s ability to meet the requirements of their educational course; (h) attending a legal proceeding or meeting associated with a proceeding; (i) participation in any of the following events (whether or not directly arranged by the school), if approved by the principal: (i) debates; (ii) sporting events; (iii) musical or theatrical productions; (iv) academic events;

Part 1A Compulsory education Section 2AA page 4 Education Regulation 2005 Effective: 01/01/25 R19 01/01/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (j) any other circumstance that the principal is satisfied is reasonable to excuse a child’s attendance at the child’s school or an activity of the school. 2AA Student movement register—Act, s 10AA (1) The following information is prescribed for the Act, section 10AA (2) (a): (a) the name of the school; (b) the name of the student; (c) the day the student was enrolled at the school; (d) if the student was previously— (i) enrolled at another education provider—the name of the education provider (if known); or (ii) registered for home education—whether the student was registered for home education in the ACT or another State (if known); Note State includes the Northern Territory (see Legislation Act, dict). (e) the name and contact details of the student’s parents. (2) The following information is prescribed for the Act, section 10AA (2) (b): (a) the name of the school; (b) the name of the student; (c) the day the enrolment ended; (d) the reason the enrolment ended; (e) if the student is, or is to be, enrolled at another education provider—the name of the new education provider (if known);

Compulsory education Part 1A Section 2AA R19 01/01/25 Education Regulation 2005 Effective: 01/01/25 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (f) if the student is, or is to be, registered for home education— whether the registration is in the ACT or another State (if known); (g) if the student is not to be enrolled at another education provider, and is not to be registered for home education—the proposed arrangements for the student’s education after the enrolment ends (if known); (h) the name and contact details of the student’s parents. (3) The following information is prescribed for the Act, section 10AA (2) (c): (a) the name of the school; (b) the name of the student; (c) if the student has started distance education— (i) the day the student started; and (ii) the campus providing the distance education; (d) if the student has stopped distance education— (i) the day the student stopped; and (ii) the campus that the student will be attending in person; (e) the names and contact details of the student’s parents. (4) The following information is prescribed for the Act, section 10AA (3) (a): (a) the name of the student; (b) the day the student was registered for home education; (c) if the student was previously— (i) enrolled at an education provider—the name of the education provider (if known); or

Part 1A Compulsory education Section 2AA page 6 Education Regulation 2005 Effective: 01/01/25 R19 01/01/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) registered for home education in another State—the State where the student was registered for home education (if known); (d) the name and contact details of the student’s parents. (5) The following information is prescribed for the Act, section 10AA (3) (b): (a) the name of the student; (b) the day the registration ended; (c) the reason the registration ended; Note Registration for home education ends if the registration is cancelled under the Act, s 135, or expires and is not renewed under the Act, s 137. (d) if the student is, or is to be, enrolled at an education provider— the name of the education provider (if known); or (e) if the student is, or is to be, registered for home education in another State—the State where the student is to be home educated (if known); (f) if the student is not to be enrolled at an education provider, and is not to be registered for home education in another State—the proposed arrangements for the student’s education after the registration ends (if known); (g) the name and contact details of the student’s parents. (6) The following information is prescribed for the Act, section 10AA (3) (c): (a) the name of the school; (b) the name of the student; (c) if the student has started distance education— (i) the day the student started; and

Compulsory education Part 1A Section 2AB R19 01/01/25 Education Regulation 2005 Effective: 01/01/25 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) the campus providing the distance education; (d) if the student has stopped distance education— (i) the day the student stopped; and (ii) the campus that the student will be attending in person; (e) the names and contact details of the student’s parents. 2AB Student movement information—Act, s 10AC (2) The following information is prescribed: (a) the name of the child; (b) the names and contact details of the child’s parents; (c) the following information about the child’s enrolment or registration ending: (i) the date the child’s enrolment or registration ended; (ii) if the child was previously enrolled at an education provider—the name of the education provider; (iii) if the child was previously registered for home education— (A) the State where the child was registered for home education; and (B) the reason the registration ended; (d) the following information about the child’s subsequent enrolment or registration for home education: (i) for a child subsequently registered for home education— (A) the date the child was registered for home education; and (B) the State where the child is registered for home education;

Part 1A Compulsory education Section 2AB page 8 Education Regulation 2005 Effective: 01/01/25 R19 01/01/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) for a child subsequently enrolled at an education provider— (A) the name of the education provider; and (B) the State where the child is registered for home education. Note State includes the Northern Territory (see Legislation Act, dict, pt 1).

Government schools Part 2 Section 2B R19 01/01/25 Education Regulation 2005 Effective: 01/01/25 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Government schools 2B Requirements for provision of residential boarding services—Act, s 21 (3) A government school that provides residential boarding services must have policies for the provision of the residential boarding services that comply with AS 5725:2015 (Boarding Standard for Australian schools and residences) as in force from time to time. Note AS 5725:2015 may be purchased at www.standards.org.au. 3 Schools with student board members—Act, s 41 (2) (f) The school board of the schools mentioned in schedule 1 must include 2 members elected by the students at the school and appointed by the director-general. 4 Appointment of staff member—Act, s 42 (4) The director-general must appoint the person nominated by the staff of a small school to be the staff member of the school board.

Part 3 Non-government schools Section 5 page 10 Education Regulation 2005 Effective: 01/01/25 R19 01/01/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Non-government schools 5 Registration standards—Act, s 84 The registration standards are set out in schedule 2. 6 In-principle approval application—Act, s 86 (2) (c) The following information is prescribed: (a) the proposed name of the school (if known); (b) the applicant’s name and contact details; (c) the applicant’s ACN or ABN; (d) the name and contact details for the proposed principal of the school (if known); (e) any proposed educational courses, characteristics of the school, or objectives for the school that the applicant believes will assist the Minister’s consideration of the application. 6A Registration application—Act, s 89 (2) (e) The following information is prescribed: (a) the proposed name of the school (if known); (b) the applicant’s name and contact details; (c) the applicant’s ACN or ABN; (d) evidence showing that the applicant is registered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth); (e) evidence showing how the school proposes to comply with the registration standards; (f) if the applicant proposes that the school will provide distance education—evidence of the school’s distance education policy.

Non-government schools Part 3 Section 6B R19 01/01/25 Education Regulation 2005 Effective: 01/01/25 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 6B Notifiable changes notice—Act, s 96 (4) (d) The following information is prescribed: (a) for a change to stop operating the school at a registered campus—the location of the campus; (b) for a change to stop providing a level of education at a registered campus— (i) the level of education to be stopped; and (ii) the location of the campus where the level of education is to be stopped; (c) for a change to stop providing distance education at a registered campus—the campus where distance education is to be stopped; (d) for a change to stop providing residential boarding services at a registered campus—the location of the campus where the residential boarding services are to be stopped; (e) for a change to restart operating at a previously registered campus— (i) the location of the campus; and (ii) the levels of education the proprietor proposes the school provide at the campus; and (iii) whether the proprietor proposes the school provide residential boarding services at the campus; and (iv) if not all proposed levels of education are to be provided at the campus on the proposed change day—the day the proprietor proposes to start providing each level of education at the campus; (f) for a change to restart providing a level of education at a campus— (i) the level of education to be provided; and

Part 3 Non-government schools Section 6C page 12 Education Regulation 2005 Effective: 01/01/25 R19 01/01/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) the location of the campus where the new level of education is to be provided; (g) for a change to restart providing distance education at a registered campus—the campus where distance education is to be provided; (h) for a change to restart providing residential boarding services at a campus—the location of the campus where the new residential boarding services are to be provided. 6C Registration amendment application—Act, s 98 (1) (i) The following information is prescribed: (a) the name of the school; (b) the applicant’s name and contact details; (c) for an amendment to operate at a new campus— (i) information about proximity of the new campus to existing campus grounds (for example, the new campus is adjoining the existing campus, the new campus shares a public transport route with the existing campus); and (ii) any proposed change to the location of the school’s administration office; (d) for an amendment to transfer the school’s registration to a new proprietor— (i) the proposed new proprietor’s name and contact details; and (ii) evidence showing that the new proprietor is a corporation; and (iii) the proposed new proprietor’s ACN or ABN; and

Non-government schools Part 3 Section 6D R19 01/01/25 Education Regulation 2005 Effective: 01/01/25 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (iv) evidence showing that the proposed new proprietor is registered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth); (e) a summary of the reasons for the proposed amendment; (f) for an amendment to start providing distance education at a registered campus—information about the school’s distance education policy; (g) for an amendment to provide new residential boarding services—information about how the school will comply with registration standard 2.25 (Residential boarding services); (h) evidence of consultation with students, parents and staff about the proposed amendment. 6D Applicant to update information If any information in an application mentioned in sections 6 to 6C changes before the application is decided, the applicant must give the Minister written notice of the details of the change.

Part 4 Home education Section 7 page 14 Education Regulation 2005 Effective: 01/01/25 R19 01/01/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Home education 7 Information for registration application—Act, s 131 (2) (b) The following information is prescribed: (a) the full names of the child’s parents; (b) the parents’ contact details; Examples • email address • phone number • postal address (c) a certified copy of a document that shows the parents have parental responsibility for the child; Examples • child’s birth certificate • adoption order under the Adoption Act 1993, pt 3 • parentage declaration under the Parentage Act 2004, s 19 (d) a certified copy of a document that proves the parents’ home address; Note The parents must tell the director-general within 28 days if the child stops living, or usually living, in the ACT (see Act, s 132 (1) (e) (ii)). (e) a certified copy of the child’s— (i) birth certificate; or (ii) if the birth certificate is not available—passport or another document that the director-general is satisfied identifies the child; (f) the full name by which the child is known, if different from the name on the document provided under paragraph (e);

Home education Part 4 Section 8 R19 01/01/25 Education Regulation 2005 Effective: 01/01/25 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (g) the address of the home base from which the home education will be carried out; (h) information about any medical or special needs of the child that may affect the child’s educational needs or progress. 8 Conditions of registration for home education—Act, s 132 (1) (h) (1) The following conditions are prescribed: (a) if registration of a child for home education is new registration—the parents must— (i) within 3 months after the day of the current registration, provide a written statement of intent to the director-general that states— (A) how the parents will provide a high-quality education for the child; and (B) the educational opportunities that will be offered by the parents to their child and the strategies they will use to encourage their child to learn; and (C) how the plan or approach for the child’s home education will deliver an education consistent with the principles mentioned in the Act, section 128 (d); and (ii) within 3 months after the day of the current registration, or at another time approved by the director-general, meet with an authorised person (government) to discuss the home education of the child and, at the meeting, show any home education documents to the authorised person;

Part 4 Home education Section 8 page 16 Education Regulation 2005 Effective: 01/01/25 R19 01/01/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) if registration of a child for home education is registration under the Act, section 131 (3), and the child has been previously registered for home education under that section, but the registration has ended less than 12 months before the current registration begins—within 10 school days from the day of registration, the parents must— (i) provide a written statement of intent that states the matters mentioned in paragraph (a) (i) (A) to (C) to the director-general; and (ii) meet with an authorised person (government) to discuss the home education of the child and, at the meeting, show any home education documents to the authorised person; (c) if registration of a child for home education is renewed under the Act, section 137, and the director-general requests that the parents meet with an authorised person (government)—within 10 school days after the request, or at another time approved by the director-general, the parents must— (i) meet with an authorised person (government) to discuss the home education of the child; and (ii) at the meeting, show any home education documents to the authorised person. (2) In this section: current registration means registration of a child for home education under the Act, section 131 (3), that is in force.

Home education Part 4 Section 9 R19 01/01/25 Education Regulation 2005 Effective: 01/01/25 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au home education documents, in relation to a child’s home education, means the following: (a) programs, materials, and other records for use in the child’s home education; (b) a statement or documents that show the home base for the child’s home education meets the requirements under the Act, section 132 (1) (g). Examples—documents • photographs • video recordings 9 Information for renewal of registration application—Act, s 137 (2) (b) (1) The following information is prescribed: (a) the full names of the child’s parents; (b) the parents’ contact details; Examples • email address • phone number • postal address (c) a certified copy of a document that shows the parents have parental responsibility for the child; Examples • child’s birth certificate • adoption order under the Adoption Act 1993, pt 3 • parentage declaration under the Parentage Act 2004, s 19 (d) the child’s name as shown on the certificate of registration; (e) the child’s date of birth;

Part 4 Home education Section 9 page 18 Education Regulation 2005 Effective: 01/01/25 R19 01/01/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (f) the address of the home base from which the home education will be carried out; (g) the most recent home education report for the child; (h) a written statement in accordance with subsection (2). (2) A written statement under subsection (1) (h) must be completed by the parents of the child who is the subject of the application, and state how— (a) for the most recent period of registration— (i) the parents have provided a high-quality education and educational opportunities for the child; and (ii) the parents have used strategies to encourage their child to learn; and (iii) the plan or approach for the child’s home education has delivered an education consistent with the principles mentioned in the Act, section 128 (d); and (b) the matters mentioned in paragraph (a) will continue to be provided, or delivered, during the period of renewed registration. Note 1 The application for renewal of registration, with the information outlined in this section, must be made not later than 3 months before the end of the registration (see Act, s 137 (2) (c)). Note 2 The parents must tell the director-general within 28 days if information on the register changes or the child stops living, or usually living, in the ACT (see Act, s 132 (1) (e) (ii)).

Home education Part 4 Section 10 R19 01/01/25 Education Regulation 2005 Effective: 01/01/25 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 10 Home education reports about educational progress of child—Act, s 138 (2) (1) A home education report must include examples of the child’s educational progress. (2) Despite subsection (1), if a child only receives part of the child’s education through home education, the report only needs to include examples of the child’s educational progress that are relevant to the home education. (3) In this section: educational progress, of a child, means the child’s— (a) spiritual, emotional, social and physical development; and (b) intellectual development, including development in literacy and numeracy. 11 Home education register—Act, s 139 (2) The following particulars are prescribed: (a) the child’s full name as shown on the document provided under section 7 (e); (b) the full name by which the child is known, if different from the name on the document mentioned in paragraph (a); (c) the child’s date of birth; (d) the child’s gender; (e) a unique identifying number for the child; (f) the full names of the child’s parents;

Part 4 Home education Section 11 page 20 Education Regulation 2005 Effective: 01/01/25 R19 01/01/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (g) the total period for which the child is registered for home education, including the dates on which the period begins and ends; (h) the address of the home base from which the home education will be carried out. Note The parents must tell the director-general within 28 days if the information on the register changes (see Act, s 132 (1) (e) (i)).

Schools with student board members—Act, s 41 (2) (f) Schedule 1 Schools Part 1.1 R19 01/01/25 Education Regulation 2005 Effective: 01/01/25 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Schools with student board members—Act, s 41 (2) (f) (see s 3) Part 1.1 Schools column 1 item column 2 school 1 Agnes Shea High School 2 Alfred Deakin High School 3 Amaroo School 4 Belconnen High School 5 Black Mountain School 6 Calwell High School 7 Campbell High School 8 Canberra High School 9 Caroline Chisholm School 10 Evelyn Scott School 11 Gold Creek School 12 Harrison School 13 Kingsford Smith School 14 Lanyon High School 15 Lyneham High School 16 Melba Copland Secondary School 17 Melrose High School

Schedule 1 Schools with student board members—Act, s 41 (2) (f) Part 1.2 Colleges page 22 Education Regulation 2005 Effective: 01/01/25 R19 01/01/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 school 18 Namadgi School 19 Shirley Smith High School 20 Stromlo High School 21 Telopea Park School 22 The Woden School 23 University of Canberra High School Kaleen 24 Wanniassa School Part 1.2 Colleges column 1 item column 2 school 1 Canberra College 2 Dickson College 3 Erindale College 4 Gungahlin College 5 Hawker College 6 Lake Tuggeranong College 7 Narrabundah College 8 University of Canberra Secondary College Lake Ginninderra

Non-government schools registration standards Schedule 2 Governance Part 2.1 Standard 2.1 R19 01/01/25 Education Regulation 2005 Effective: 01/01/25 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 2 Non-government schools registration standards (see s 5) Part 2.1 Governance 2.1 Incorporation The proprietor of a registered school must be a corporation. 2.2 Not-for-profit The proprietor of a registered school must be registered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth). 2.3 Governance structure (1) The proprietor of a registered school must ensure the governance structure of the school enables the school to— (a) fulfill its legal obligations; and (b) be financially viable; and (c) operate safely. (2) The proprietor must ensure that the governance responsibilities of the governing body of the school are separate from the day-to-day control and management responsibilities of the principal of the school. 2.4 Financial viability (1) The proprietor of a registered school must ensure that the school has access to adequate financial resources for its viable operation.

Schedule 2 Non-government schools registration standards Part 2.1 Governance Standard 2.5 page 24 Education Regulation 2005 Effective: 01/01/25 R19 01/01/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The proprietor must ensure that the school’s funding model enables delivery of the school’s educational programs to the number of students at the school, at the levels of education for which the school is registered. (3) The proprietor must ensure that the school’s— (a) finances are managed in accordance with the requirements of the Corporations Act; and (b) financial records are audited annually; and (c) financial records and audit reports are made available to the registrar on request. 2.5 Policies and procedures (1) The proprietor of a registered school must ensure that the school has policies and procedures in place to ensure the school complies with the registration standards. (2) The proprietor must ensure that students, parents and staff are consulted about the following policies for the school: (a) the enrolment policy under standard 2.8; (b) the complaints policy under standard 2.9; (c) the behaviour management policy under standard 2.18. (3) The proprietor must ensure that— (a) current and prospective students, parents and staff are made aware of the school’s policies and procedures; and (b) the school’s policies and procedures are made available to the public; and Example—made available to the public published on the school’s website

Non-government schools registration standards Schedule 2 Governance Part 2.1 Standard 2.6 R19 01/01/25 Education Regulation 2005 Effective: 01/01/25 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) the school’s policies and procedures are made available to the registrar on request. 2.6 Annual statement (1) The proprietor of a registered school must ensure that a written statement is prepared annually, describing how the school has complied with the registration standards during the year. (2) The proprietor must ensure that the school’s annual statement is made available to the public. Example—made available to the public • included in a publicly available annual report • published on the school’s website 2.7 Continuous improvement (1) The proprietor of a registered school must ensure that the school has processes in place to ensure continuous improvement in the operation of the school. (2) The proprietor must ensure that the school has processes to— (a) consult students, parents and staff about the operation of the school, including its educational programs; and (b) regularly review complaints and safety incidents; and (c) plan, monitor and assess strategies for improving the operation of the school. (3) The proprietor must ensure that the school keeps written records of— (a) the school’s processes for improving its operation; and (b) how the strategies are to be monitored and assessed; and (c) whether the strategies have been successful in improving the operation of the school.

Schedule 2 Non-government schools registration standards Part 2.1 Governance Standard 2.8 page 26 Education Regulation 2005 Effective: 01/01/25 R19 01/01/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 2.8 Enrolment policy, procedures and contracts (1) The proprietor of a registered school must ensure that the school has— (a) a written enrolment policy; and (b) written enrolment procedures; and (c) a written enrolment contract. (2) The proprietor must ensure that the school’s enrolment policy and enrolment contract clearly state the grounds on which a student’s enrolment may be ended. (3) The proprietor must ensure that the school’s enrolment policy and enrolment procedures— (a) have regard to the effect on a student of ending the student’s enrolment; and (b) apply natural justice and procedural fairness. Note A school must consult students, parents and staff about the school’s enrolment policy and ensure it is available to current and prospective students, parents and staff (see standard 2.5). 2.9 Complaints policy and procedures (1) The proprietor of a registered school must ensure that the school has— (a) a written complaints policy; and (b) written complaints procedures.

Non-government schools registration standards Schedule 2 Governance Part 2.1 Standard 2.9 R19 01/01/25 Education Regulation 2005 Effective: 01/01/25 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The proprietor must ensure that the school’s complaints policy and complaints procedures— (a) include procedures for receiving, assessing, investigating and resolving complaints; and (b) take into account the impact of the issues involved in the complaint on all students involved in the complaint; and (c) apply natural justice and procedural fairness. Note A school must consult students, parents and staff about the school’s complaints policy and ensure it is available to current and prospective students, parents and staff (see standard 2.5).

Schedule 2 Non-government schools registration standards Part 2.2 Educational programs Standard 2.10 page 28 Education Regulation 2005 Effective: 01/01/25 R19 01/01/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2.2 Educational programs 2.10 Curriculum (1) The proprietor of a registered school must ensure that the school has a curriculum framework in place for the organisation and implementation of the school’s educational program. (2) The proprietor of a school that is registered to provide a level of education from kindergarten to year 10 must ensure the school’s educational program complies with the requirements of at least 1 of the following: (a) the Australian curriculum; (b) the International Baccalaureate Primary Years Program; (c) the International Baccalaureate Middle Years Program; (d) the Australian Steiner Curriculum Framework; (e) the Montessori National Curriculum Framework; (f) another curriculum recognised by ACARA. (3) The proprietor of a school that is registered to provide a level of education from year 11 to year 12 must ensure the school’s educational program complies with the requirements of at least 1 of the following: (a) the Board of Senior Secondary Studies; (b) a diploma program authorised by the International Baccalaureate; (c) the Education Act 1990 (NSW), section 12 (Curriculum for Higher School Certificate candidates). (4) The proprietor must ensure that the nature and content of its educational courses are appropriate for the levels of education the school is registered to provide.

Non-government schools registration standards Schedule 2 Educational programs Part 2.2 Standard 2.11 R19 01/01/25 Education Regulation 2005 Effective: 01/01/25 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) The proprietor must ensure that the school makes reasonable adjustments to the way the curriculum is delivered for students with disability and students with complex needs. (6) A registered school’s educational program may include, in addition to the courses required under subsection (2) or (3), other courses, programs, studies or subjects decided by the principal of the school. (7) In this section: Australian curriculum means the national curriculum as agreed by the Ministerial Council and administered by ACARA under the Australian Curriculum, Assessment and Reporting Authority Act 2008 (Cwlth). Australian Curriculum, Assessment and Reporting Authority (or ACARA) means the body established under the Australian Curriculum, Assessment and Reporting Authority Act 2008 (Cwlth), section 5 (1). Board of Senior Secondary Studies means the board established under the Board of Senior Secondary Studies Act 1997, section 4 (1). 2.11 Educational program accessibility (1) The proprietor of a registered school must ensure that the school makes information about the school’s educational program available to students, parents and staff. Example—makes available publishes on the school’s website (2) The proprietor must ensure that the school consults students, parents and staff about significant changes to the school’s educational program.

Schedule 2 Non-government schools registration standards Part 2.2 Educational programs Standard 2.12 page 30 Education Regulation 2005 Effective: 01/01/25 R19 01/01/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 2.12 Educational performance The proprietor of a registered school must ensure that— (a) the educational performance of each student at the school is assessed, monitored and recorded; and (b) each student at the school, and their parents, have access to information about the student’s performance; and (c) at least twice each year, the parents of each student at the school are given a written report about the student’s educational performance and social development at the school. 2.13 Student learning outcomes The proprietor of a registered school must ensure that the school— (a) sets learning outcomes for all students at the school; and (b) has processes in place to support all students at the school to achieve their learning outcomes, including processes for making reasonable adjustments to support learning outcomes for students with disability and students with complex needs.

Non-government schools registration standards Schedule 2 Safety and welfare Part 2.3 Standard 2.14 R19 01/01/25 Education Regulation 2005 Effective: 01/01/25 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2.3 Safety and welfare 2.14 Protection from harm (1) The proprietor of a registered school must ensure that the school takes all reasonable steps to protect the following people from harm: (a) students at the school; (b) members of staff of the school; (c) other people involved in the school’s operation. (2) The proprietor must take all reasonable steps to ensure that the school has a safe and effective learning environment. 2.15 Child safe standards The proprietor of a registered school must ensure that the school complies with the child safe standards under the Human Rights Commission Act 2005, part 5A. 2.16 Encouraging attendance (1) The proprietor of a registered school must ensure that the school has procedures in place to— (a) ensure students attend school regularly; and (b) help parents to encourage students to attend school regularly. (2) The procedures must— (a) state that school attendance is compulsory; and (b) state the benefits of a student’s regular school attendance; and (c) include steps that may be taken to support a student’s attendance. Example—par (c) referring a student to a support service

Schedule 2 Non-government schools registration standards Part 2.3 Safety and welfare Standard 2.17 page 32 Education Regulation 2005 Effective: 01/01/25 R19 01/01/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 2.17 Student movement register The proprietor of a registered school must ensure that the school has procedures in place to ensure the principal of the school complies with procedures established by the director-general under the Act, section 10AB (Student movement register—procedures). 2.18 Behaviour management policy and procedures (1) The proprietor of a registered school must ensure that the school has— (a) a written behaviour policy; and (b) written procedures about behaviour. (2) The proprietor must ensure that the school’s behaviour policy— (a) deals with the following: (i) for a catholic system school—suspension, expulsion and exclusion of students at the school; (ii) for an independent school—suspension and expulsion of students at the school; and (b) is consistent with the Act, chapter 2A (Suspension, transfer, expulsion and exclusion of students); and (c) has regard to the best interests of— (i) the student whose behaviour is being considered; and (ii) other students; and (iii) members of staff at the school; and (d) applies natural justice and procedural fairness. Note A school must consult students, parents and staff about the school’s behaviour policy and ensure it is available to current and prospective students, parents and staff (see standard 2.5).

Non-government schools registration standards Schedule 2 Other operational requirements Part 2.4 Standard 2.19 R19 01/01/25 Education Regulation 2005 Effective: 01/01/25 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2.4 Other operational requirements 2.19 Compliance with territory and Commonwealth laws (1) The proprietor of a registered school must ensure that the school complies with all territory and Commonwealth laws that apply to the school. Examples—applicable territory and Commonwealth laws • ACT Teacher Quality Institute Act 2010 • Australian Education Act 2013 (Cwlth) • Children and Young People Act 2008 • Disability Discrimination Act 1992 (Cwlth) • Discrimination Act 1991 • Education Act 2004 • Human Rights Act 2004 • Ombudsman Act 1989 • Privacy Act 1988 (Cwlth) • Senior Practitioner Act 2018 • Work Health and Safety Act 2011 • Working with Vulnerable People (Background Checking) Act 2011 (2) The proprietor must ensure that the proprietor, and the school, comply with the conditions of the school’s registration. (3) The proprietor must tell the registrar within 5 working days, in writing, if any action is taken against the proprietor, or the school, under a territory or Commonwealth law. (4) The proprietor, and each other person involved in the management or operation of the school, must comply with any lawful direction given under a territory or Commonwealth law. (5) The proprietor, and each other person involved in the management or operation of the school, must make any record the school is required to keep under a territory or Commonwealth law available to the registrar on request.

Schedule 2 Non-government schools registration standards Part 2.4 Other operational requirements Standard 2.20 page 34 Education Regulation 2005 Effective: 01/01/25 R19 01/01/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 2.20 Suitability of key individuals for the proprietor (1) The proprietor of a registered school must ensure that each key individual for the proprietor is a suitable person to be involved in the governance or management of the school. (2) A person is not suitable to be involved in the governance or management of a registered school if the person— (a) is not registered under the Working with Vulnerable People (Background Checking) Act 2011 to engage in regulated activities involving children; or (b) has been convicted or found guilty, in the ACT, of an offence punishable by imprisonment for at least 1 year; or Note A conviction does not include a spent conviction or an extinguished conviction (see Spent Convictions Act 2000, s 16 (c) (i) and s 19H (1) (c) (i)). (c) has been convicted or found guilty, outside the ACT, of an offence that, if committed in the ACT, would be punishable by imprisonment for at least 1 year; or (d) is or has been bankrupt or personally insolvent; or (e) has been the subject of an adverse finding or action taken by a court, tribunal, commission of inquiry, professional disciplinary body or regulatory authority (in the Territory or elsewhere), if the adverse finding or action relates to— (i) dishonest, misleading or deceptive conduct; or (ii) non-compliance with a legal obligation relating to the provision of education; or (iii) a breach of a duty (including a duty of disclosure).

Non-government schools registration standards Schedule 2 Other operational requirements Part 2.4 Standard 2.21 R19 01/01/25 Education Regulation 2005 Effective: 01/01/25 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 2.21 Teaching staff The proprietor of a registered school must ensure that each person employed to teach at the school is an approved teacher under the ACT Teacher Quality Institute Act 2010. Note Approved teachers include registered teachers and people with a permit to teach, but not if the registration or permit is suspended (see ACT Teacher Quality Institute Act 2010, s 9). 2.22 Compliance with Working with Vulnerable People (Background Checking) Act 2011 The proprietor of a registered school must ensure that each person carrying out a regulated activity for the school complies with the requirements of the Working with Vulnerable People (Background Checking) Act 2011. 2.23 Buildings, facilities and grounds The proprietor of a registered school must ensure that the school’s buildings, facilities and grounds comply with all territory and Commonwealth laws that apply to the buildings, facilities or grounds, including laws about planning, sustainability, building and work health and safety. 2.24 Educational facilities The proprietor of a registered school must ensure that the school’s educational facilities are— (a) sufficient to enable the school to effectively provide the educational program offered by the school; and (b) suitable for the ages of the students attending the school.

Schedule 2 Non-government schools registration standards Part 2.4 Other operational requirements Standard 2.25 page 36 Education Regulation 2005 Effective: 01/01/25 R19 01/01/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 2.25 Residential boarding services The proprietor of a registered school that provides residential boarding services must ensure that the residential boarding services comply with AS 5725:2015 (Boarding Standard for Australian schools and residences) as in force from time to time. Note AS 5725:2015 may be purchased at www.standards.org.au. 2.26 Emergency management plan (1) The proprietor of a registered school must ensure that the school has an emergency management plan. (2) The proprietor must ensure that, in developing the emergency management plan, the school has regard to AS 3745-2010 (Planning for emergencies in facilities) as in force from time to time. Note AS 3745-2010 may be purchased at www.standards.org.au.

Dictionary R19 01/01/25 Education Regulation 2005 Effective: 01/01/25 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 2A) Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • child • Commonwealth • corporation • Corporations Act • director-general (see s 163) • external territory • foreign country • home address • may (see s 146) • must (see s 146) • State • the Territory. Note 3 Terms used in this regulation have the same meaning that they have in the Education Act 2004 (see Legislation Act, s 148). For example, the following terms are defined in the Education Act 2004, dict: • approved educational course (non-government) (see s 125D (1)) • authorised person (government) • Catholic system school • distance education (see s 127BA) • distance education policy (see s 127BC) • educational course • education provider (see s 9A) • governing body • home education • home education report (see s 127C) • independent school • key individual • new registration (see s 127C)

Dictionary page 38 Education Regulation 2005 Effective: 01/01/25 R19 01/01/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au • parent (see s 6) • proprietor • registrar • regulated activity • school board • staff • staff member • student. adjustment—see the Disability Standards for Education 2005 (Cwlth), section 3.3. birth certificate, for a child, means the child’s birth certificate, or a certified extract about the child’s birth from the register, under the Births, Deaths and Marriages Registration Act 1997 or a corresponding law of a State, external territory or foreign country. parental responsibility—see the Children and Young People Act 2008, section 15. reasonable, in relation to an adjustment—see the Disability Standards for Education 2005 (Cwlth), section 3.4.

Endnotes About the endnotes 1 R19 01/01/25 Education Regulation 2005 Effective: 01/01/25 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes 3 Legislation history page 40 Education Regulation 2005 Effective: 01/01/25 R19 01/01/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Education Regulation 2005 SL2005-1 notified LR 10 February 2005 s 1, s 2 commenced 10 February 2005 (LA s 75 (1)) remainder commenced 11 February 2005 (s 2) as amended by Education Amendment Regulation 2005 (No 1) SL2005-40 notified LR 15 December 2005 s 1, s 2 commenced 15 December 2005 (LA s 75 (1)) remainder commenced 31 December 2005 (s 2) Education Amendment Act 2006 (No 2) A2006-57 ss 56-58 notified LR 19 December 2006 s 1, s 2 commenced 19 December 2006 (LA s 75 (1)) ss 56-58 commenced 20 December 2006 (s 2) Education Amendment Regulation 2008 (No 1) SL2008-22 notified LR 22 May 2008 s 1, s 2 commenced 22 May 2008 (LA s 75 (1)) remainder commenced 23 May 2008 (s 2) Education Amendment Regulation 2009 (No 1) SL2009-42 notified LR 10 August 2009 s 1, s 2 commenced 10 August 2009 (LA s 75 (1)) remainder commenced 11 August 2009 (s 2) Education Amendment Regulation 2011 (No 1) SL2011-3 notified LR 17 February 2011 s 1, s 2 commenced 17 February 2011 (LA s 75 (1)) remainder commenced 18 February 2011 (s 2) Education Amendment Regulation 2011 (No 2) SL2011-16 notified LR 20 June 2011 s 1, s 2 commenced 20 June 2011 (LA s 75 (1)) remainder commenced 21 June 2011 (s 2)

Endnotes Legislation history 3 R19 01/01/25 Education Regulation 2005 Effective: 01/01/25 page 41 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.58 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.58 commenced 1 July 2011 (s 2 (1)) Education (Child Safety in Schools) Legislation Amendment Act 2019 A2019-4 pt 4 notified LR 4 March 2019 s 1, s 2 commenced 4 March 2019 (LA s 75 (1)) pt 4 commenced 5 March 2019 (s 2 (2)) Education Amendment Act 2019 A2019-47 sch 1 notified LR 9 December 2019 s 1, s 2 commenced 9 December 2019 (LA s 75 (1)) sch 1 commenced 9 June 2020 (s 2 and LA s 79) Education Amendment Regulation 2020 (No 1) SL2020-29 notified LR 17 August 2020 s 1, s 2 commenced 17 August 2020 (LA s 75 (1)) sch 1 commenced 1 February 2021 (s 2 (2)) remainder commenced 18 August 2020 (s 2 (1)) Education Amendment Act 2020 A2022-38 pt 3 notified LR 20 August 2020 s 1, s 2 commenced 20 August 2020 (LA s 75 (1)) pt 3 commenced 1 January 2021 (s 2) Education Amendment Act 2022 A2022-10 pt 4 notified LR 17 June 2022 s 1, s 2 commenced 17 June 2022 (LA s 75 (1)) pt 4 commenced 20 December 2022 (s 2) Education Amendment Regulation 2024 (No 1) SL2024-4 notified LR 28 March 2024 s 1, s 2 commenced 28 March 2024 (LA s 75 (1)) remainder commenced 29 March 2024 (s 2)

Endnotes 3 Legislation history page 42 Education Regulation 2005 Effective: 01/01/25 R19 01/01/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Human Rights Commission (Child Safe Standards) Amendment Act 2024 A2024-22 sch 1 notified LR 24 May 2024 s 1, s 2 commenced 24 May 2024 (LA s 75 (1)) sch 1 commenced 1 August 2024 (s 2 (a)) Education Amendment Regulation 2024 (No 2) SL2024-19 notified LR 26 August 2024 s 1, s 2 commenced 26 August 2024 (LA s 75 (1)) remainder commenced 27 August 2024 (s 2) Education Amendment Act 2024 A2024-39 pt 3 notified LR 12 September 2024 s 1, s 2 commenced 12 September 2024 (LA s 75 (1)) pt 3 commenced 1 January 2025 (s 2)

Endnotes Amendment history 4 R19 01/01/25 Education Regulation 2005 Effective: 01/01/25 page 43 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Notes s 2 orig s 2 om LA s 89 (4) (prev s 3) renum SL2005-40 s 4 Compulsory education pt 1A hdg ins A2022-10 s 61 Reasonable excuses—Act, s 10A (4), def reasonable excuse s 2AAA ins A2024-39 s 56 Student movement register—Act, s 10AA s 2AA ins A2022-10 s 61 am A2024-39 s 57, s 58; ss renum R19 LA Student movement information—Act, s 10AC (2) s 2AB ins A2024-39 s 59 Government schools pt 2 hdg sub SL2005-40 s 5 Dictionary s 2A ins A2019-47 amdt 1.1 Requirements for provision of residential boarding services—Act, s 21 (3) s 2B ins A2020-38 s 23 sub A2022-10 s 62 Schools with student board members—Act, s 41 (2) (f) s 3 orig s 3 renum as s 2 ins SL2005-40 s 5 am A2011-22amdt 1.185 Appointment of staff member—Act, s 42 (4) s 4 sub SL2005-40 s 5 am A2011-22 amdt 1.185 Non-government schools pt 3 hdg orig pt 3 hdg renum as pt 4 hdg ins SL2005-40 s 5 sub A2022-10 s 63 Requirements for provision of boarding facilities—Act, s 86 (6) (h), s 88 (6) (h), s 88B (7) (f), s 90 (7) (f), s 91 (h) and s 97 (6) (h) s 4A ins A2020-38 s 24 om A2022-10 s 63 Registration standards—Act, s 84 s 5 orig s 5 renum as s 7 ins SL2005-40 s 5 am A2006-57 s 56 sub A2022-10 s 63

Endnotes 4 Amendment history page 44 Education Regulation 2005 Effective: 01/01/25 R19 01/01/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Criteria for provisional registration and registration—Act, s 86 (6) (i) and s 88 (6) (i) s 5A ins A2019-4 s 15 om A2022-10 s 63 Conditions of provisional registration and registration—Act, s 91 (i) s 5B ins A2019-4 s 15 om A2022-10 s 63 Criteria for renewal of registration—Act, s 97 (6) (i) s 5C ins A2019-4 s 15 om A2022-10 s 63 In-principle approval application—Act, s 86 (2) (c) s 6 ins SL2005-40 s 5 sub A2022-10 s 63 Registration application—Act, s 89 (2) (e) s 6A ins A2022-10 s 63 am A2024-39 s 60 Notifiable changes notice—Act, s 96 (4) (d) s 6B ins A2022-10 s 63 am SL2024-4 s 4; A2024-39 s 61, s 62; pars renum R19 LA Registration amendment application—Act, s 98 (1) (i) s 6C ins A2022-10 s 63 am SL2024-4 s 5; pars renum R16 LA; A2024-39 s 63; pars renum R19 LA Applicant to update information s 6D ins A2022-10 s 63 Home education pt 4 hdg (prev pt 3 hdg) renum SL2005-40 s 6 sub A2019-47 amdt 1.2 Information for registration application—Act, s 131 (2) (b) s 7 hdg sub A2006-57 s 57 s 7 (prev s 5) renum SL2005-40 s 7 am A2006-57 s 58; A2011-22 amdt 1.185 sub A2019-47 amdt 1.2 Conditions of registration for home education—Act, s 132 (1) (h) s 8 ins A2019-47 amdt 1.2 om SL2020-29 s 4 ins SL2020-29 sch 1 Information for renewal of registration application—Act, s 137 (2) (b) s 9 ins A2019-47 amdt 1.2

Endnotes Amendment history 4 R19 01/01/25 Education Regulation 2005 Effective: 01/01/25 page 45 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Home education reports about educational progress of child—Act, s 138 (2) s 10 ins A2019-47 amdt 1.2 Home education register—Act, s 139 (2) s 11 ins A2019-47 amdt 1.2 Schools with student board members—Act, s 41 (2) (f) sch 1 ins SL2005-40 s 8 sch 1 pt 1.1 sub SL2008-22 s 4 am SL2009-42 s 4; items renum R5 LA; SL2011-3 s 4; items renum R6 LA; SL2011-16 ss 4-6; items renum R7 LA; SL2012-32 s 4; items renum R9 LA; SL2024-4 s 6, s 7; items renum R16 LA; SL2024-19 s 4; items renum R18 LA sch 1 pt 1.2 am SL2008-22 s 5; items renum R4 LA; SL2011-3 s 5; items renum R6 LA; SL2011-16 s 7, s 8; items renum R7 LA Non-government schools registration standards sch 2 ins A2022-10 s 64 Child safe standards sch 2 s 2.15 sub A2024-22 amdt 1.1 Encouraging attendance sch 2 s 2.16 am A2024-39 s 64 Compliance with Working with Vulnerable People (Background Checking) Act 2011 sch 2 s 2.22 am A2024-39 s 65 Dictionary dict ins A2019-47 amdt 1.3 am A2022-10 s 65, s 66; A2024-39 s 66 def adjustment ins A2022-10 s 67 def birth certificate ins A2019-47 amdt 1.3 def parental responsibility ins A2019-47 amdt 1.3 def reasonable ins A2022-10 s 67

Endnotes 5 Earlier republications page 46 Education Regulation 2005 Effective: 01/01/25 R19 01/01/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 11 Feb 2005 11 Feb 2005– 30 Dec 2005 not amended new regulation R2 31 Dec 2005 31 Dec 2005– 19 Dec 2006 SL2005-40 amendments by SL2005-40 R3 20 Dec 2006 20 Dec 2006– 22 May 2008 A2006-57 amendments by A2006-57 R4 23 May 2008 23 May 2008– 10 Aug 2009 SL2008-22 amendments by SL2008-22 R5 11 Aug 2009 11 Aug 2009– 17 Feb 2011 SL2009-42 amendments by SL2009-42 R6 18 Feb 2011 18 Feb 2011– 20 June 2011 SL2011-3 amendments by SL2011-3 R7 21 June 2011 21 June 2011– 30 June 2011 SL2011-16 amendments by SL2011-16 R8 1 July 2011 1 July 2011– 31 January 2013 A2011-22 amendments by A2011-22 R9 1 Feb 2013 1 Feb 2013– 4 Mar 2019 SL2012-32 amendments by SL2012-32 R10 5 Mar 2019 5 Mar 2019– 8 June 2020 A2019-4 amendments by A2019-4 R11 9 June 2020 9 June 2020– 17 Aug 2020 A2019-47 amendments by A2019-47 R12 18 Aug 2020 18 Aug 2020– 31 Dec 2020 SL2020-29 amendments by SL2020-29

Endnotes Earlier republications 5 R19 01/01/25 Education Regulation 2005 Effective: 01/01/25 page 47 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Republication No and date Effective Last amendment made by Republication for R13 1 Jan 2021 1 Jan 2021– 31 Jan 2021 A2020-38 amendments by A2020-38 R14 1 Feb 2021 1 Feb 2021– 19 Dec 2022 A2020-38 amendments by SL2020-29 R15 20 Dec 2022 20 Dec 2022– 28 Mar 2024 A2022-10 amendments by A2022-10 R16 29 Mar 2024 29 Mar 2024– 31 July 2024 SL2024-4 amendments by SL2024-4 R17 1 Aug 2024 1 Aug 2024– 26 Aug 2024 A2024-22 amendments by A2024-22 R18 27 Aug 2024 27 Aug 2024– 31 Dec 2024 SL2024-19 amendments by SL2024-19 © Australian Capital Territory 2025

The regulation is structured around a set of operational concepts that give effect to the Education Act 2004. The principal concepts are compulsory education and its exceptions; student movement and related registers; governance and registration standards for non-government schools; home‑education registration, reporting and renewal; and safety and operational standards for schools (including boarding and emergency planning).

Compulsory education and excuses: s 2AAA lists the circumstances the regulation prescribes as reasonable excuses for absence under the Act (for example illness, recovery, medical appointments, family violence supports, bereavement, religious observance, certain approved events, family holidays that do not adversely affect course requirements, and legal proceedings). The regulation also explicitly preserves a catch-all that allows a principal to accept “any other circumstance” as reasonable (s 2AAA(j)). The mechanics therefore allocate day-to-day discretion to principals to accept exceptions, while standardising common categories.

Student movement: the Act requires a student movement register; the regulation prescribes the exact data elements required for different movement events (enrolment, ending enrolment, commencing/stopping distance education) in s 2AA(1)-(6). Section 2AB prescribes the information for transfers between jurisdictions or between registered home education and school enrolment, including parents’ contact details and the reason a registration ended. The required fields include identifiers (student name, school name, dates), prior status (previous provider or home-education jurisdiction), and future arrangements where known (s 2AA(2)(g); s 2AB(c)-(d)).

Governance and registration standards for non‑government schools: Schedule 2 contains the registration standards that proprietors must meet (s 5). Key themes in the standards are legal form and accountability (proprietor must be a corporation and ACNC-registered, standards 2.1-2.2), governance separation (2.3(2)), financial viability and audit (2.4), policies and transparency (2.5-2.6), continuous improvement and consultation (2.7), enrolment and complaints processes that observe natural justice (2.8-2.9), curriculum frameworks and learning outcomes (2.10-2.13), child safety and attendance (2.14-2.17), staff suitability and compliance with teacher registration and working-with-children checks (2.20-2.22), facilities and emergency planning (2.23-2.26), and residential boarding services aligned with AS 5725:2015 (2.25).

Home education: Parts 4 and ss 7-11 prescribe documentary requirements for initial registration and renewals (s 7 and s 9), the conditions that may attach (s 8), the content of home-education reports (s 10), and the particulars to be included on the home‑education register (s 11). The regulation requires certifying documents proving parental responsibility and identity (s 7(c)-(f)), sets deadlines for statements of intent for new registrations (s 8(1)(a)), prescribes meetings with an authorised government person (s 8(1)(a)(ii)), and specifies what must be in renewal statements (s 9(2)).

Standards cross-refer to other statutory regimes and instruments: child-safe standards are defined as those under the Human Rights Commission Act 2005, part 5A (Schedule 2, s 2.15). Teaching staff must be approved under the ACT Teacher Quality Institute Act 2010 (Schedule 2, s 2.21). Working with Vulnerable People obligations appear in Schedule 2, s 2.22. AS 5725:2015 and AS 3745-2010 are referenced as technical standards for boarding and emergency management (s 2B; Schedule 2, ss 2.25-2.26). The dictionary also imports definitions and cross-references the Disability Standards for Education 2005 for adjustments.

Overall, the regulation converts the Act’s broad powers into prescriptive data fields, governance and operational standards, documentary evidence requirements, and time-sensitive procedural duties, while anchoring many substantive obligations to external standards (Australian Standards) and other statutes.

The regulation allocates obligations and creates information flows that affect several discrete groups. Identify who pays, who decides and whose behaviour will change under the prescribed mechanics.

Primary affected parties

Students and parents: the regulation affects parents who must supply certified identity and parental-responsibility documents for home-education registration (s 7(c)-(f)), provide contact details (s 7(b)), supply statements of intent and home-education reports (s 8(1)(a)(i); s 10), and notify the director-general of changes in residence within specified timeframes (notes to s 7 and s 9; also Act cross-references). Parents bear the burden of documentation and of meeting timeline obligations for registration and renewal.
Government schools: principals and school boards of government schools must maintain student movement registers consistent with the prescribed fields (s 2AA), ensure boarding services meet AS 5725:2015 if provided (s 2B), and include student-elected board members where their school is listed in Schedule 1 (s 3). Directors-general make appointments (s 4).
Non-government schools and proprietors: proprietors must be corporations and ACNC-registered (Schedule 2, ss 2.1-2.2), comply with extensive governance, financial, curriculum, staffing and safety standards (Schedule 2, standards 2.3-2.26), provide documentary evidence when applying for registration or amendments (ss 6-6C), and keep registers and processes that enable compliance. Proprietors pay for compliance costs (incorporation, audits, insurance, staffing checks, AS compliance).
Principals and authorised persons: principals have day-to-day discretion (for example, to decide whether a circumstance is a “reasonable excuse” under s 2AAA(j)). Authorised government persons are the contact points for home‑education meetings and reviews (s 8(1)(a)(ii); s 8(1)(b)(ii); s 9(2)(a)(i)-(ii)). These roles involve administrative decision-making and enforcement support.
Registrar and director-general: the registrar is the central compliance and registration authority for non-government schools and home-education registers (s 5 and ss 7-11; dictionary references). The director-general establishes student movement register procedures and appoints particular board members (s 2AA; s 3-4). They hold responsibilities for receiving notices and records, and for exercising decision-making functions provided in the Education Act 2004 that the regulation supports.
Third-party service providers and auditors: external auditors, architects, emergency-planning consultants, and boarding-service auditors will be engaged to deliver compliance with AS 5725:2015 and AS 3745-2010 and to prepare financial audits (Schedule 2, ss 2.4, 2.25-2.26).

Secondary or incidental impacts

Interstate authorities: the regulation prescribes fields for interstate transfer information and for identification of home-education registrations in other States (s 2AA(1)(d)(ii); s 2AB(c)-(d)), enabling cross-jurisdictional enrolment and movement data sharing.
Systems and IT providers: schools and the director-general will need IT systems to capture the student movement fields defined in s 2AA and s 2AB and to meet data-retention and disclosure obligations (s 11 and Schedule 2, s 2.6).

Who decides and how behaviour changes

Principals and proprietors decide compliance design: principals decide on reasonable excuses (s 2AAA(j)), and proprietors decide governance structures, policies and how to meet curriculum and safety standards (Schedule 2, ss 2.3-2.11).
Registrar and director-general decide registration, approvals and whether registration conditions are met, relying on the documentation and standards this regulation prescribes (ss 6-6D; ss 7-11).
Parents decide whether to choose home education or school enrolment; the information and procedural burdens (documentation, meetings) are designed to influence the ease or cost of choosing home education versus enrolling in a school (ss 7-9).

Concentrated burdens: proprietors and parents bear concentrated compliance burdens (incorporation, ACNC registration for proprietors; documentary and meeting obligations for parents). Diffuse benefits: the public interest in student safety and consistent record-keeping is the diffuse objective the regulation seeks to advance (e.g. Schedule 2, ss 2.14-2.17).

This section summarises statutory duties imposed directly by the regulation, the rights it recognises or preserves, and where it allocates discretion.

Duties (selected and cross-referenced)

Principals must keep student movement information in the forms prescribed by s 2AA and must provide information consistent with s 2AB where relevant. The regulation prescribes the data fields the principal must record for enrolments, enrolment endings, distance education starts/stops, and home-education registrations (s 2AA(1)-(6)).
Government schools providing boarding must adopt policies that comply with AS 5725:2015 (s 2B). Non-government schools providing boarding must meet the same standard (Schedule 2, s 2.25).
The proprietor of a registered non-government school must:
- be a corporation (Schedule 2, s 2.1);
- be registered under the Australian Charities and Not-for-profits Commission Act 2012 (s 2.2);
- ensure governance structures separate governing-body responsibilities from day-to-day principal duties (s 2.3(2));
- ensure adequate financial resources, audited financial records, and make those records available to the registrar on request (s 2.4(1)-(3));
- ensure specific written policies and procedures are in place, published and consulted on (s 2.5-2.6);
- ensure curriculum frameworks appropriate to the registered levels of education and reasonable adjustments for students with disability (s 2.10(1), (5));
- assess, monitor and report educational performance at least twice yearly (s 2.12);
- comply with child-safe standards under the Human Rights Commission Act 2005, part 5A (s 2.15);
- have procedures to encourage attendance, including stating that attendance is compulsory (s 2.16);
- ensure staff suitability, including registration under the ACT Teacher Quality Institute Act 2010 and compliance with Working with Vulnerable People checks (s 2.21-2.22);
- ensure buildings, facilities and grounds comply with applicable law and have emergency management plans developed with regard to AS 3745-2010 (s 2.23; s 2.26).
Non-government school applicants must provide specified information at stages of approval, registration and amendment (ss 6-6C), and must update any changed application information in writing before decision (s 6D).
Parents registering a child for home education must supply certified identity and parental-responsibility documents, a home‑base address, and information on medical or special needs (s 7(a)-(h)). New registrants must provide a written statement of intent within three months and meet with an authorised government person (s 8(1)(a)(i)-(ii)). Renewals must include a written statement describing past and future educational provision (s 9(1)-(2)). Home-education reports must include examples of educational progress (s 10).
Proprietors (and those involved in management) must comply with any lawful direction given under territory or Commonwealth law and make records required under those laws available to the registrar on request (Schedule 2, s 2.19(4)-(5)). They must notify the registrar within 5 working days if action is taken against the proprietor or school under territory or Commonwealth law (s 2.19(3)).

Discretion and rights

Principal discretion: the regulation explicitly preserves principal discretion to accept other circumstances as reasonable excuses for non-attendance (s 2AAA(j)).
Procedural fairness: the regulation repeatedly requires that enrolment, complaints and behaviour policies apply natural justice and procedural fairness (Schedule 2, ss 2.8(3)(b), 2.9(2)(c), 2.18(2)(d)). Those provisions bind schools’ procedural design and provide a right to fair process for students and parents within the school’s internal procedures.
Data subject and privacy considerations: the regulation requires capture of personal data (parents’ contact details, unique identifying numbers for home-education registers, s 11(e)-(f)). Rights under privacy laws are therefore implicated; the regulation cross-references the Privacy Act 1988 as an applicable law to which proprietors must have regard (Schedule 2, s 2.19(1)). The regulation does not itself create privacy exceptions but requires data to be kept and disclosed to the registrar on request.

Temporal and documentary obligations

Home education: statements of intent, meetings and reports have strict timeframes (e.g. within three months after registration for new registration, s 8(1)(a); within 10 school days for some re-registrations, s 8(1)(b)).
Update obligations: applicants must update changed information before a decision (s 6D); parents must notify the director-general within 28 days if the child stops living in the ACT (note to s 7 and s 9).
Notification to registrar: proprietors must advise the registrar within 5 working days if action is taken under another law (s 2.19(3)).

Rights to public information and transparency

The proprietor must make the annual statement describing compliance with registration standards publicly available (s 2.6(2)). Policies and procedures must be made available to the public (s 2.5(3)(b)), which creates expectations of transparency and public accountability.

Enforcement levers are largely administrative (registration, conditions, registrar review) and procedural (meetings, documentation). The regulation sets the contours of duties and procedural rights and places practical burdens,documentary, consultative, reporting and record-keeping,on parents, proprietors and principals.

The regulation itself primarily prescribes operational duties and does not contain an extensive schedule of fines within its text. Enforcement is provided by the Education Act 2004 mechanisms the regulation supports and by general penalty-unit values noted in the republication front matter.

Penalty unit baseline: the republication front matter states the value of a penalty unit for offences against this law at the republication date: $160 for an individual and $810 for a corporation (Legislation Act 2001 reference included in the republication notes). The regulation does not elsewhere list specific monetary penalties in the text; enforcement therefore depends on the Act’s sanctioning framework and any offences created or referred to by the Act.

Administrative enforcement and compliance tools present in the regulation

Registrar and director-general powers: the regulation prescribes records, documentary evidence and timelines that the registrar and director-general will rely on to exercise registration and compliance functions (ss 6-6D; ss 7-11; Schedule 2). The registrar has the power to request financial records and audit reports (Schedule 2, s 2.4(3)), and to be supplied documents and records the school must keep under other laws (s 2.19(5)).
Conditions and registration consequences: the registration standards (Schedule 2) operate as enforceable conditions of registration through the Act. The proprietor must comply with the conditions of registration (Schedule 2, s 2.19(2)). Non-compliance can be expected to engage administrative remedies in the Act (for example, conditions, suspension or cancellation under the Act), although the regulation itself does not specify Act remedies.
Time-sensitive reporting obligations: proprietors and applicants must notify the registrar within prescribed timeframes of actions under other laws (5 working days, Schedule 2, s 2.19(3)) or of changes during an application (s 6D). For home education, parents must notify the director-general within 28 days if the child stops usually living in the ACT (notes to ss 7 and 9). Failure to meet those notifications may trigger Act-based review or enforcement.
Procedural bases for decision review: the regulation embeds procedural fairness obligations (for enrolment policies, complaints, behaviour policies,Schedule 2, ss 2.8, 2.9, 2.18), which creates rights that can be reviewed administratively or judicially under general administrative law principles if the Act or a decision-maker acts unlawfully.

Data and inter-jurisdictional enforcement

Student movement registers include interstate fields (s 2AA(1)(d)(ii) and s 2AB), enabling cross-border tracking of enrolment and home-education status. That data feed can trigger compliance activity in other jurisdictions or support enforcement of compulsory attendance rules across borders.

Practical enforcement mechanics and burdens

The regulation frontloads enforcement by making compliance documentary and processual: applicants must produce ACNC registration evidence and evidence of compliance with registration standards (s 6A(d)-(e); s 6C(d)(ii)-(iv)), schools must hold and make available policies and audits (Schedule 2, ss 2.4-2.6), and parents must produce certified identification and statements (s 7 and s 9). These documentary requirements make non-compliance detectable and administratively actionable.

Risks and limits of enforcement

The regulation vests significant discretion in principals (s 2AAA(j)) and in authorised persons (ss 8 and 9 meetings): enforcement often depends on administrative judgement rather than prescriptive rules. The regulation therefore introduces administrative enforcement risk: outcomes may vary by decision-maker, and legal challenges could arise around the exercise of discretion or procedural fairness in specific instances.

In short, enforcement is largely administrative, driven by registration conditions, documentary requirements and notification timeframes, with the prospect of penalty-unit fines for offences under the broader legislative scheme and statutory remedies available under the Education Act 2004 and other applicable laws.

The regulation is expressly designed to function alongside and require compliance with a number of Territory and Commonwealth laws and recognised technical standards. It both imports and references external statutory regimes and standards.

Direct statutory interactions (prescribed in the regulation)

Human Rights Commission Act 2005: Schedule 2, s 2.15 requires compliance with child safe standards under that Act, part 5A. The regulation therefore explicitly imports child-safe obligations from the Human Rights Commission Act into school registration standards.
ACT Teacher Quality Institute Act 2010: Schedule 2, s 2.21 requires that persons employed to teach be approved teachers under that Act (the regulation notes that approved teachers include registered teachers and permitted teachers under the Institute Act).
Working with Vulnerable People (Background Checking) Act 2011: Schedule 2, s 2.22 requires compliance with the background checking regime for anyone carrying out a regulated activity for the school.
Corporations Act and ACNC framework: Schedule 2, ss 2.1-2.4 require that proprietors be corporations and be registered under the Australian Charities and Not‑for‑profits Commission Act 2012 (Cwlth). The proprietor’s financial management obligations must accord with the Corporations Act and the proprietor must make financial records available to the registrar on request (s 2.4(3)). The regulation therefore ties registration eligibility and governance to corporations law and charity regulation.
Privacy Act 1988 (Cwlth) and other Commonwealth laws: Schedule 2, s 2.19(1) lists the Privacy Act 1988 among applicable laws that schools must comply with. The regulation also lists the Australian Education Act 2013 (Cwlth), Disability Discrimination Act 1992 (Cwlth), and other Commonwealth instruments that interact with school obligations.
Disability Standards for Education 2005 (Cwlth): the dictionary defines “adjustment” by reference to the Disability Standards for Education 2005 (section 3.3) and the concept of “reasonable” in relation to an adjustment by section 3.4 of that instrument. Schedule 2, s 2.10(5) requires reasonable adjustments for students with disability; these concepts link to the federal Standards.

Technical standards referenced

AS 5725:2015 (Boarding Standard for Australian schools and residences) is referenced for boarding services for both government and non-government schools (s 2B; Schedule 2, s 2.25). Compliance requires meeting an external Australian Standard that is not reproduced in the regulation.
AS 3745-2010 (Planning for emergencies in facilities) is cited as a standard schools must have regard to in developing emergency management plans (Schedule 2, s 2.26).

Administrative and intergovernmental interactions

Student movement registers and interjurisdictional data: ss 2AA and 2AB expressly include fields for whether a child was previously registered for home education “in the ACT or another State (if known)” and for the State where the child is registered for home education. This design anticipates data sharing or at least harmonised records across jurisdictions and interacts with interstate approaches to compulsory attendance and home-education oversight.
Interaction with the Legislation Act 2001: the regulation’s dictionary and notes invoke definitions and interpretive provisions from the Legislation Act (see s 2A and dictionary notes), shaping how terms in the regulation are understood.

Practical consequences of these interactions

Multiple compliance regimes: proprietors and schools must navigate charity regulation (ACNC), corporations law accounting/audit requirements, teacher registration, working-with-children checks, child safety obligations under the Human Rights Commission Act, and privacy law obligations. Schedule 2, s 2.19(1) makes compliance with these regimes an explicit duty.
Evidence and registration interlocks: the regulation requires ACNC registration evidence for registration and transfer of registration (s 6A(d); s 6C(d)(iii)-(iv)), meaning that changes in one regulatory regime (ACNC status, corporate solvency, or a teacher’s registration) can directly affect school registration status.
Standards-based compliance costs: referencing AS 5725:2015 and AS 3745-2010 imports technical obligations that typically require specialist audits, documentation and possibly capital expenditure.

Where the regulation is silent

The regulation imports other Acts and standards but does not itself set out enforcement mechanisms that those other regimes provide; for enforcement detail and criminal or civil sanctions, the reader must consult the Education Act 2004 and the other statutes referenced.

In summary, the regulation is an integrative instrument: it prescribes the specific data, documentary and procedural elements necessary to coordinate compliance across a matrix of Territory and Commonwealth laws and external standards, thereby embedding multi‑regime compliance responsibilities in the day‑to‑day operation of schools and home‑education arrangements.

The republication is annotated with a detailed amendment history in the endnotes. The regulation has been repeatedly amended since its original notification in 2005. The republication effective 1 January 2025 incorporates amendments through A2024-39. Key recent insertions and changes to note (references are to the amendment instruments and the sections inserted or amended as recorded in the endnotes and amendment history):

Part 1A (Compulsory education) was inserted by Education Amendment Act 2022 (A2022-10), s 61. This created s 2AAA and ss 2AA-2AB materialising compulsory-education-related prescriptions (endnotes summary).
s 2AAA (Reasonable excuses) was inserted by Education Amendment Act 2024 (A2024-39), s 56; A2024-39 further amended ss 2AA and 2AB (A2024-39, ss 57-59) to refine student movement data (see amendment history at endnotes 4).
Student movement register provisions in s 2AA were newly inserted by A2022-10 s 61 and subsequently amended by A2024-39 (s 57-58).
Schedule 2 (Non-government schools registration standards) was inserted by A2022-10 (s 64). This is a substantive consolidation of registration requirements for independent and system schools, covering governance, finance, curriculum, safety, staffing and facilities (endnotes 4).
Child safe standards were amended to reflect the Human Rights Commission (Child Safe Standards) Amendment Act 2024 (A2024-22), which commenced on 1 August 2024 and is reflected in Schedule 2, s 2.15 (endnotes 3-4).
Residential boarding standards (s 2B and Schedule 2, s 2.25) requiring compliance with AS 5725:2015 were inserted by Education Amendment Act 2020 A2020-38 (s 23) and carried forward in later consolidations (endnotes 4).
Home-education requirements, including prescribed documentation, statements of intent, meeting requirements and the home-education register particulars (ss 7-11), were inserted or significantly amended by Education Amendment Act 2019 A2019-47 and subsequent regulation amendments (see endnotes 3-4). The regulation now details identity documents, home-base requirements, reporting obligations and renewal statement content (ss 7-11).
The regulation’s amendment history shows frequent technical and structural changes, with a sequence of subordinate instruments and Acts (SL2024-4, SL2024-19, A2024-39, A2024-22, A2022-10, SL2020-29, A2020-38, A2019-47, A2019-4, and earlier SLs and Acts) reflected in the endnotes.

The endnotes include a full chronology of amendments and prior republications (see endnotes 3-5). Practitioners should consult those endnotes to trace when specific provisions were inserted, amended or renumbered and to confirm commencement dates; for example, A2024-39 (the most recent Act listed) was notified LR 12 September 2024 and part 3 of that Act commenced on 1 January 2025 (endnotes 3-4).

Implementation timing: the republication front matter shows the regulation as in force on 1 January 2025 and includes editorial changes authorised by the Legislation Act 2001, part 11.3. That republication therefore reflects the consolidated position as of that date, including the incorporation of the recent amendments described above.

The regulation’s republication and endnotes do not record any cases or litigation decisions that interpret this regulation. The text and its endnotes name other statutes and external standards but do not cite judicial authorities or administrative appeals concerning the operation of particular sections of this regulation.

Implication for practitioners: because the regulation itself does not contain litigation history, authoritative interpretation of ambiguous or discretionary provisions (for example principal discretion under s 2AAA(j) or the application of “reasonable adjustments” as referenced to the Disability Standards for Education) will be developed in administrative decisions or court cases over time. At present, practitioners must rely on the text, the Education Act 2004, and administrative guidance from the director-general or registrar for operational interpretation. Where statutory discretion is broad, expect decisions to be tested in the usual review channels under administrative law rather than under precedents specifically cited in the regulation.

If litigation arises, the most probable litigation points (based on the text) would include:

challenges to a principal’s exercise of discretion on “reasonable excuses” (s 2AAA) where parents dispute non-acceptance or the treatment of attendance;
procedural fairness challenges to school enrolment, suspension or expulsion decisions where schools’ policies (required by Schedule 2, ss 2.8 and 2.18) are alleged not to have been followed or are inconsistent with the Act;
disputes about registration decisions for non-government schools where evidence of compliance with Schedule 2 is contested (ss 6A-6C and Schedule 2 standards);
privacy or data-sharing disputes arising from the student movement register fields (s 2AA and s 2AB) if the director-general shares information with other jurisdictions.

Until decisions are reported or appeals pursued, the regulation stands as the controlling administrative detail; litigation history remains absent from the republished text.

This section flags specific operational traps, substitution effects, compliance frictions and interlocking obligations that the text creates. Each point refers to the relevant provision(s) so the reader can verify the rule.

Principal discretion plus prescribed lists may create inconsistent outcomes

s 2AAA prescribes detailed categories of “reasonable excuses” but finishes with a general power for the principal to accept “any other circumstance” the principal is satisfied is reasonable. That combination can produce inconsistent outcomes between schools and decision-makers. The discretion is lawful but creates administrative risk and potential fairness-based challenges.

Student movement data fields are prescriptive and cross-jurisdictional

s 2AA and s 2AB specify many required fields (names, dates, previous registration state, parents’ contact details). This requires systems that capture and retain identifiable information (including a unique identifying number on the home-education register, s 11(e)). There is a data-collection and privacy compliance burden; failure to design secure IT or to understand interjurisdictional disclosure obligations may expose the school or registrar to privacy complaints.

Corporate and ACNC requirements bar some proprietors from registration

Schedule 2, s 2.1 and s 2.2 require the proprietor to be a corporation and ACNC-registered. That excludes sole traders or unincorporated associations and may prevent for-profit organisational forms from registering unless they meet the charity requirements. Prospective school operators must plan the corporate and charity- registration steps before applying (ss 6A(d), 6C(d)(ii)-(iv) require ACNC evidence).

Financial and audit obligations are ongoing and require resource planning

Schedule 2, s 2.4 requires audited financial records annually and availability to the registrar on request. Smaller schools must budget for audit expenses, implement accounting systems consistent with the Corporations Act, and be prepared to disclose sensitive financial information to the registrar.

Child-safe standards and WWVP obligations are strict and multi-layered

Schedule 2, ss 2.15 and 2.22 require compliance with the Human Rights Commission Act child-safe standards and the Working with Vulnerable People Act. These are separate regimes with their own compliance and review mechanisms; proprietors must manage both, aligning staff background checks with child-safe policies, and maintaining careful records.

Boarding and emergency standards reference external Australian Standards

Government and non-government boarding services must comply with AS 5725:2015 (s 2B; Schedule 2, s 2.25). Emergency planning must have regard to AS 3745-2010 (Schedule 2, s 2.26). Procuring compliance may require external consultants, capital investment, and periodic review. The regulation does not provide transitional relief for operators unfamiliar with these standards; compliance is expected as in force.

Home education timelines and evidentiary requirements create narrow windows

New home‑education registrations require a written statement of intent and meeting with an authorised person within three months (s 8(1)(a)). Renewals require application information up to three months before expiry (s 9 note) and responses to director-general requests within 10 school days (s 8(1)(c)). Missing these deadlines could lead to administrative consequences under the Act. Parents must also notify the director‑general within 28 days of moving out of the ACT (note to s 7 and s 9).

Public transparency requirements carry reputational and operational implications

Schedule 2, s 2.6 obliges the proprietor to make an annual compliance statement publicly available and to publish policies and procedures (s 2.5(3)(b)). This requires careful drafting and approval processes to ensure public materials align with internal policies and do not expose the school to misinterpretation or litigation.

Consultation requirements are specific and potentially burdensome

Schedule 2, s 2.5(2) requires consultation with students, parents and staff about enrolment, complaints and behaviour policies. The regulation requires documented consultation processes and records (s 2.7(3)). Non-compliance with consultation obligations can be used as evidence in registration reviews or challenges to school policy decisions.

Applicant update obligation before decision may require active monitoring

s 6D requires applicants to notify the Minister in writing of changes to application information before the application is decided. This creates an ongoing duty during the application period; commercial transactions or personnel changes during that window must be proactively reported.

Interaction with Commonwealth law can create mixed compliance triggers

Schedule 2, s 2.19(1) lists several Commonwealth laws that apply. For proprietor trustees, a change in ACNC status or a Commonwealth compliance action may trigger the five‑working‑day notification obligation (s 2.19(3)), with subsequent registration consequences. Proprietors should maintain an internal compliance calendar and escalation processes.

Small-school staffing board rule can create practical vacancies

s 4 requires the director-general to appoint the staff nominee of a small school to the board. In schools with very small staff complements, identifying an eligible nominee who meets other suitability checks (Schedule 2, s 2.20) could be operationally difficult.

These “gotchas” are mechanical consequences of the prescriptive obligations in the regulation. They create compliance costs, administrative design choices and decision‑making discretion that school operators and parents must manage actively.

This section provides a practical, source‑grounded checklist and stepwise approach to compliance for the principal actors: non‑government school proprietors, government schools/principals, and parents choosing home education. Each item cites the relevant provision(s) so the reader can follow the statutory text.

Non‑government school proprietor checklist

Corporate and charitable status
- Ensure the proprietor is a corporation (Schedule 2, s 2.1) and is registered with the Australian Charities and Not-for‑profits Commission (s 2.2). Obtain and retain documentary evidence of ACNC registration for registration applications (s 6A(d); s 6C(d)(iii)-(iv)).
Governance and policies
- Establish a governance structure that separates governing-body responsibilities from the principal’s operational role (s 2.3(2)).
- Draft and adopt written policies and procedures required by Schedule 2, including enrolment, complaints, behaviour management, continuous improvement and emergency management (s 2.5; s 2.8; s 2.9; s 2.7; s 2.26).
- Ensure policies apply natural justice and procedural fairness where required (s 2.8(3)(b); s 2.9(2)(c); s 2.18(2)(d)).
- Publish policies and make them available to prospective parents, students and staff; keep versions available for the registrar on request (s 2.5(3)(a)-(c)).
Finance and audit
- Implement accounting systems consistent with Corporations Act obligations and arrange annual audits; be ready to produce financial records and audit reports on request (s 2.4(3)).
Curriculum and educational delivery
- Prepare a curriculum framework and decide which recognised curricula the school will use depending on the registered levels (s 2.10(1)-(4)).
- Implement processes for assessment, monitoring, reporting to parents at least twice yearly and setting learning outcomes (ss 2.12-2.13).
Staffing and suitability
- Ensure teachers are approved under the ACT Teacher Quality Institute Act 2010 and that all persons in regulated activities have WWVP checks (ss 2.21-2.22).
- Assess key individuals for suitability (Schedule 2, s 2.20) and keep records to demonstrate suitability checks.
Safety and facilities
- Ensure child-safe standards compliance under the Human Rights Commission Act 2005 (s 2.15).
- Ensure buildings, grounds and facilities comply with planning, building and WHS laws (s 2.23).
- If providing boarding, ensure practices, policies and facilities comply with AS 5725:2015, and document compliance (s 2.25).
- Prepare an emergency management plan having regard to AS 3745-2010 (s 2.26).
Registration application and amendments
- For in-principle approval and registration applications, include the specified details in ss 6-6C: applicant contact details, ACN/ABN, ACNC evidence, proposed principal, evidence of compliance with registration standards, distance-education policy if applicable, consultation evidence for amendments, and summary reasons for proposed amendments.
- If circumstances change while an application is pending, notify the Minister in writing (s 6D).

Government schools and principals

Student movement registers
- Ensure the school records the student movement details prescribed in s 2AA and that principals implement director-general procedures established under the Act (s 2AA; Schedule 2, s 2.17).
Board composition and staff appointment
- If listed in Schedule 1, include two student-elected board members and coordinate elections and appointments with the director-general (s 3; Schedule 1).
- For small schools, nominate a staff member for appointment and liaise with the director-general for the appointment (s 4).
Boarding and safety
- For government boarding services, adopt policies complying with AS 5725:2015 (s 2B).
Record-keeping and data sharing
- Ensure systems capture the data fields required under ss 2AA and 2AB to enable transfers and accurate reporting.
Adjudicative discretion
- Apply s 2AAA categories when assessing “reasonable excuses” for attendance and document reasons where the principal exercises the catch‑all discretion (s 2AAA(j)).

Parents choosing home education

Documents to prepare and certify on initial application
- Provide full names and contact details of the child’s parents, certified proof of parental responsibility (birth certificate, adoption order or parentage declaration), proof of home address and certified proof of the child’s identity (s 7(a)-(f)).
Statement of intent and meeting obligations
- For new registrations, within three months provide a written statement of intent describing how parents will provide a high-quality education, the educational opportunities and strategies for encouraging learning, and how their approach is consistent with the principles in the Act, s 128(d) (s 8(1)(a)(i)).
- Arrange and attend the meeting with an authorised person within three months (s 8(1)(a)(ii)); where a registration is restarted within 12 months, meet within 10 school days (s 8(1)(b)).
Renewal requirements
- Provide renewal applications with the required particulars (s 9(1)) and include a written statement about past and prospective educational provision (s 9(2)). Apply at least three months before registration expiry (note to s 9 and Act cross-reference).
Reports and register particulars
- Prepare home-education reports that include examples of educational progress across development domains (s 10). Expect the registrar to record particulars on the home-education register including unique identifying numbers and home-base addresses (s 11(a)-(h)).
Time-limited notifications
- Notify the director-general within 28 days if the child stops living (or usually living) in the ACT (noted to ss 7 and 9).

Data protection and record retention (applies to all)

Design IT and records systems that capture the prescribed fields (ss 2AA and 2AB; s 11) and that implement privacy and security measures in line with the Privacy Act 1988 and other applicable law (Schedule 2, s 2.19(1)). Maintain records to demonstrate compliance for registrar review.

Practical implementation steps

Conduct a compliance gap analysis against Schedule 2 (for non‑government schools) and ss 7-11 (for home education).
Prepare or update written policies (enrolment, complaints, behaviour) and publish them; document consultation with students, parents and staff as required by s 2.5(2) and s 2.7.
Implement an annual statement process that documents compliance with registration standards and arrange for publication (s 2.6).
Maintain a compliance register of statutory timelines (home‑education deadlines, notification timeframes, audit deadlines) to avoid inadvertent breaches (s 6D; s 8; s 9; s 2.19(3)).
Budget for external compliance costs (audits, AS compliance assessments, legal review of policies, WWVP checks).
Train decision-makers (principals and authorised persons) on the exercise of discretion under s 2AAA and on consistent application of the school policies that must comply with natural justice requirements.

Record and evidentiary discipline

When exercising discretion (for example, accepting a “reasonable excuse” under s 2AAA), document the decision and the factual basis. Where a school modifies enrolment levels, distance education offerings or residential boarding services, notify as a notifiable change per s 6B and provide the specified particulars.

In short, compliance requires a combined legal, governance and administrative programme: incorporation and ACNC registration for proprietors; documented policies and consultation processes; data systems that meet the student movement and home‑education register fields; staff suitability checks and teacher registrations; and documented proof of compliance with referenced Australian Standards and other statutes. The regulation prescribes the documentary checkpoints and timelines that the registrar and director-general will use to assess compliance; build processes to deliver those documents on demand.

Education Regulation 2005

Plain English Summary

Deep Dive

What it does

Current sections

Education Regulation 2005

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply