EDUCATION REGULATIONS 2015 (Northern Territory)

These Regulations fill out operational, administrative and procedural detail required by the Education Act 2015. They prescribe definitions, processes and limits that convert high level Act provisions into enforceable, day-to-day rules for Government and non-Government schools, school representative bodies and the Territory education administration. Mechanically the Regulations do the following (citations refer to regulation numbers and Schedules in the instrument you provided):

Prescribe particular offences for the Act’s definition of disqualifying offence and the qualifications that attach to some entries, by reference to specified provisions of the Criminal Code, Commonwealth criminal statutes, the Misuse of Drugs Act and the Customs Act, in Schedule 1 and regulation 4.
Specify what counts as an approved education program for attendance purposes under the Act, including performances, excursions and off-campus learning, at regulation 5.
Define fields that qualify as an expert for the Northern Territory Board of Studies, and set processes for seeking nominations and eligibility criteria for the Board chair, at regulations 6-8.
Set meeting frequency, quorum, voting rules, remote participation and record-keeping rules for the Board, and limit committee appointment terms to 12 months, at regulations 9-10.
Specify precise enrolment and attendance data required in Government school registers, at regulation 11.
Set the particulars to be provided to the CEO for approval of home education arrangements, at regulation 12.
Prescribe eligibility criteria for enrolment of international students and authorise the Minister to fix fees for international enrolments and distance education by Gazette notice, at regulations 13-14.

NORTHERN TERRITORY OF AUSTRALIA EDUCATION REGULATIONS 2015 As in force at 25 March 2024 Table of provisions Part 1 Preliminary matters 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 4 Disqualifying offences ...................................................................... 1 5 Attending school .............................................................................. 2 Part 2 Northern Territory Board of Studies 6 Expert .............................................................................................. 2 7 Nomination of Board members ........................................................ 3 8 Eligibility criteria for Board chairperson ........................................... 4 9 Meetings of Board ........................................................................... 4 10 Committees of the Board ................................................................. 4 Part 3 Enrolment, attendance and participation 11 Register of enrolments and attendances ......................................... 5 12 Home education .............................................................................. 5 13 Enrolment of international students ................................................. 6 14 Fees ................................................................................................ 6 Part 4 Government schools 15 Standard curriculum program .......................................................... 6 16 Fees payable by non-Government schools ..................................... 7 17 School enrolment management plan ............................................... 7 18 Additional allocation of semesters of Government school education ......................................................................................... 7 19 Review of exclusion by CEO ........................................................... 7 20 Review of expulsion by Minister ...................................................... 8 Part 5 Parent and community involvement in Government schools 21 Definitions ........................................................................................ 8 22 Composition of school representative bodies .................................. 8 23 Term of office................................................................................. 10 24 Chairperson of school representative body ................................... 11 25 Casual vacancies .......................................................................... 12

Education Regulations 2015 ii 26 General meetings .......................................................................... 12 27 Meetings ........................................................................................ 12 28 Independent public school boards ................................................. 13 29 Limit on power to enter into agreements ....................................... 15 30 Prescribed services ....................................................................... 15 31 Optional extras .............................................................................. 15 32 Voluntary contributions .................................................................. 16 33 Ownership of materials and property ............................................. 16 34 Accounts ........................................................................................ 17 35 Expenditure of money .................................................................... 18 36 General accounting requirements.................................................. 18 37 Secretary and treasurer to school body ......................................... 19 38 Powers of CEO with respect to school representative body .......... 20 Part 6 Non-Government schools 39 Registrar of non-Government schools ........................................... 20 40 Application fee for registration ....................................................... 20 41 Code of conduct for assessors ...................................................... 20 41A Student records ............................................................................. 20 42 Application fee for variation of registration ..................................... 21 42A Register of non-Government schools ............................................ 21 Part 7 Infringement notice offences 43 Infringement notice offence and prescribed amount payable ........ 21 44 When infringement notice may be given ........................................ 22 45 Contents of infringement notice ..................................................... 22 46 Electronic payment and payment by cheque ................................. 23 47 Expiation of offence ....................................................................... 23 48 Withdrawal of infringement notice.................................................. 23 49 Application of Part ......................................................................... 23 Schedule 1 Disqualifying offences Schedule 2 Code of conduct for assessors 2 Purpose of code ............................................................................ 27 3 Requirements ................................................................................ 27 Schedule 3 Infringement notice offences and prescribed amounts ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 25 March 2024

EDUCATION REGULATIONS 2015 Regulations under the Education Act 2015 Part 1 Preliminary matters 1 Citation These Regulations may be cited as the Education Regulations 2015. 2 Commencement These Regulations commence on the commencement of Part 1 of the Education Act 2015. 3 Definitions In these Regulations: deductible gift recipient, for Part 5, see regulation 21. infringement notice, for Part 7, see regulation 44. infringement notice offence, for Part 7, see regulation 43(1). prescribed amount, for Part 7, see regulation 43(2). school body, for Part 5, see regulation 21. school representative body, for Part 5, see regulation 21. 4 Disqualifying offences For the definition disqualifying offence in section 5 of the Act, the following offences are prescribed: (a) an offence against a provision of an Act, or of an Act of the Commonwealth, specified in Schedule 1 subject to any qualification relating to the provision specified opposite it;

Part 2 Northern Territory Board of Studies Education Regulations 2015 2 (b) an offence of counselling or procuring the commission of an offence mentioned in paragraph (a); (c) an offence of attempting, or of conspiracy or incitement, to commit an offence mentioned in paragraph (a); (d) an offence that has, as an element, intention to commit an offence mentioned in paragraph (a); (e) an offence committed before the commencement of a provision mentioned in paragraph (a) that would, if committed after that commencement, have constituted an offence mentioned in that paragraph; (f) an offence under a law of a State, other Territory or foreign country that, if it had been committed in the Territory, would have constituted an offence mentioned in paragraphs (a) to (e). 5 Attending school For section 9(2) of the Act, any of the following, approved by the principal of the school, in which a child participates is a prescribed education program: (a) a performance, sporting or school representative activity, whether on-campus or off-campus; (b) a school excursion; (c) an off campus learning activity. Examples for regulation 5(a) Singing in a school choir, playing an instrument in a school band, taking part in a sporting event and representing the school in a debate. Examples for regulation 5(b) A school camp and a visit to an off-campus venue. Examples for regulation 5(c) Participation in flexible education arrangements, graduated return to school arrangements and vocational education and training in schools. Part 2 Northern Territory Board of Studies 6 Expert For section 23 of the Act, definition expert, the following fields are prescribed: (a) early childhood education and care;

Part 2 Northern Territory Board of Studies Education Regulations 2015 3 (b) primary school education; (c) secondary school education; (d) special learning needs; (e) vocational education and training in schools; (f) either: (i) distance education and online education; or (ii) international education; (g) education of Aboriginal and Torres Strait Islander children and young persons. 7 Nomination of Board members For section 28(2) of the Act, the following is the process by which nominations for, or expressions of interest in, membership of the Board may be sought: (a) for section 28(1)(b) and (c) of the Act, the Minister must notify, in any way that the Minister considers appropriate, the bodies mentioned in those paragraphs that nominations are being sought; (b) for section 28(1)(d), (e), (f) and (g) of the Act, the Minister must seek expressions of interest in appointment to the Board by: (i) publishing a notice for that purpose in a newspaper circulating in the Territory; and (ii) if the Minister considers it appropriate to do so, notifying any group or body, in any way that the Minister considers appropriate, that expressions of interest are being sought; (c) for section 28(1)(h) of the Act, the Minister may, in any way that the Minister considers appropriate (which may include publishing a notice in a newspaper circulating generally in Australia), seek expressions of interest from appropriate persons.

Part 2 Northern Territory Board of Studies Education Regulations 2015 4 8 Eligibility criteria for Board chairperson For section 28(5) of the Act, the prescribed eligibility criteria for appointment as chairperson of the Board are knowledge and experience of educational policy and practice in the Territory and nationally. 9 Meetings of Board (1) For section 33 of the Act: (a) the Board must meet at least once in each term; and (b) the chairperson may call additional meetings as the chairperson considers necessary; and (c) the Board may hold meetings, or allow members to take part in meetings, by telephone, video conference or another form of communication; and (d) 6 members constitute a quorum at a meeting; and (e) questions arising at a meeting are to be determined by a majority of the votes of the members present and voting; and (f) in the event of an equal number of votes on any question arising at a meeting, the chairperson has a casting vote; and (g) subject to the Act and these Regulations, the Board may determine its own meeting procedure; and (h) the Board must keep records of its meetings in any way that it considers appropriate. (2) A member taking part in a meeting as mentioned in subregulation (1)(c) is taken to be present at the meeting. 10 Committees of the Board For section 34(3) of the Act, a member of a committee must not be appointed for a term of more than 12 months but is eligible for reappointment.

Part 3 Enrolment, attendance and participation Education Regulations 2015 5 Part 3 Enrolment, attendance and participation 11 Register of enrolments and attendances For section 45(1) of the Act, the following is prescribed information about enrolment and attendance of a student required to be shown in a register: (a) the student's name; (b) the student's residential address; (c) the student's date of birth; (d) whether the student has siblings at the same Government school; (e) whether the student is an Australian citizen or a permanent resident of Australia; (f) whether the student is living independently; (g) the name and residential address of each of the student's parents (if known); (h) the name of any parent who has daily care and control of the student; (i) a record of the student's attendance at the Government school on each school day, or each part of a school day, on which instruction is provided for the student. 12 Home education For section 46(1)(b) of the Act, the following are prescribed details of the proposed home education that are required to be given to the CEO: (a) the curriculum proposed to be used for the home education; (b) the proposed program of work in each subject covered by the curriculum, including the resources to be used in support; (c) the average period of time that the child will receive instruction on each school day; (d) the number of days on which instruction will be given to the child;

Part 4 Government schools Education Regulations 2015 6 (e) where the instruction will be given and what facilities are available at that place for that purpose; (f) how learning activities will be recorded and how the child's educational progress and achievement will be measured; (g) the name of the person who is to give the instruction and that person's relationship to the child. 13 Enrolment of international students For section 66(1) of the Act, the prescribed eligibility criteria for an applicant for enrolment as an international student are: (a) the applicant is under 18 years of age; and (b) the applicant has adequate arrangements in place for their accommodation, welfare and supervision for the duration of their proposed course of study. 14 Fees (1) For section 67(1) of the Act, the Minister may, by Gazette notice, determine the fees payable by international students enrolled in Government schools. (2) For section 69(1) of the Act, the Minister may, by Gazette notice, determine the fees payable for the provision of education services by distance education centres to the classes of students mentioned in that section. Part 4 Government schools 15 Standard curriculum program For section 75(2)(a) of the Act, the prescribed standard curriculum program is the provision of teaching and learning activities, instructional support and instructional materials for delivery of the following: (a) the Early Years Learning Framework; (b) the Australian Curriculum; (c) the senior secondary Northern Territory Certificate of Education and Training; (d) Vocational Education and Training.

Part 4 Government schools Education Regulations 2015 7 16 Fees payable by non-Government schools For section 76(2) of the Act, the Minister may, by Gazette notice, determine the fees payable by non-Government schools for the participation of students enrolled in those schools in education programs offered at Government schools. 17 School enrolment management plan For section 79(3) of the Act, the prescribed proportion of enrolment capacity of a Government school is 85%. 18 Additional allocation of semesters of Government school education (1) The matters to which the CEO must have regard in determining an application under section 83(1) of the Act are: (a) the likely educational outcome of the student attending school for the additional semester or semesters; and (b) the student's attendance, participation and educational progress during any period of schooling before the application; and (c) the suitability of other education, training or employment options. (2) Before determining an application under section 83(1) of the Act, the CEO: (a) may seek advice from any person involved in the education of the student; and (b) must have regard to that advice. (3) For section 83(5)(b) of the Act, conditions that the CEO may impose on the grant of an application include ongoing monitoring and review of the student's educational progress and attendance. 19 Review of exclusion by CEO For section 92(5) of the Act, an application by a student or parent for the CEO to review a decision to exclude the student must: (a) be in writing; and (b) state an address to which notices may be sent by the CEO; and

Part 5 Parent and community involvement in Government schools Education Regulations 2015 8 (c) be made within 14 days after the student receives a notice under section 92(2) of the Act; and (d) state the reasons for the application. 20 Review of expulsion by Minister For section 93(3) of the Act, an application by a student or parent for the Minister to review a decision to expel the student must: (a) be in writing; and (b) state an address to which notices may be sent by the Minister; and (c) be made within 14 days after the student receives a notice under section 93(1) of the Act; and (d) state the reasons for the application. Part 5 Parent and community involvement in Government schools 21 Definitions In this Part: deductible gift recipient, see section 30.227(2) of the Income Tax Assessment Act 1997 (Cth). school body means: (a) a school representative body; or (b) a school management council; or (c) a multi-school management council. school representative body includes joint school representative body. 22 Composition of school representative bodies (1) For section 103(5) of the Act, the composition of a school representative body must be in accordance with this regulation. (2) A school representative body must consist of not less than 5, but not more than 19, members.

Part 5 Parent and community involvement in Government schools Education Regulations 2015 9 (3) The number of members of a school representative body must be specified in the constitution of the body. (4) A school representative body (other than a joint school representative body) must consist of members in the following classes: (a) parents of students enrolled in the Government school for which the body is established, including parents of preschool students, elected to office by the parents of students enrolled in that school; (b) at least one teacher (other than the principal) who teaches at the Government school for which the body is established, who may be a preschool teacher, elected to office by the teachers who teach at that school; (c) the principal of the Government school for which the body is established. (5) A joint school representative body must consist of members in the following classes: (a) at least one parent of a student enrolled in each of the Government schools for which the body is established, who may be a parent of a preschool student, elected to office by the parents of students enrolled in that school; (b) at least one teacher (other than the principal) who teaches at any of the schools for which the body is established, who may be a preschool teacher, elected to office by the teachers who teach at those schools; (c) the principal of each school for which the body is established. (6) A school representative body (including a joint school representative body) may also include as members: (a) subject to subregulations (7) and (8), one or more persons invited to be a member; and (b) if the Government school, or any of the Government schools, for which the body is established provides secondary education, up to 2 students.

Part 5 Parent and community involvement in Government schools Education Regulations 2015 10 (7) A person invited to be a member of a school representative body may be: (a) a person whom the body considers to have special qualifications, knowledge or experience that will be able to assist it in the performance of its functions by the giving of information or advice; or (b) the member of the Legislative Assembly for the electoral division in which the Government school, or any of the Government schools, for which the body is established is located; or (c) a person nominated by the local government council for the area in which the Government school, or any of the Government schools, for which the body is established is located. (8) However, a teacher at a Government school, including the Government school, or any of the Government schools, for which a school representative body is established must not be invited to be a member of the body. (9) A person may only be a member of a school representative body in one capacity, that is, as a parent, teacher, principal or, where relevant, invited member or student. (9A) A parent member of a joint school representative body may only represent one of the schools for which the body is established. (10) Subregulation (11) applies if: (a) a parent of a student enrolled in the Government school, or one of the Government schools, for which a school representative body is established is a member of that body; and (b) the student ceases to be enrolled in that Government school. (11) The parent may continue as a member until the end of their term of office. 23 Term of office (1) For section 103(6) of the Act, the prescribed term of office of a member of a school representative body is 2 years. (2) However, the term of office of a person who is invited to be a member under regulation 22(6)(a) may be a shorter period than 2 years.

Part 5 Parent and community involvement in Government schools Education Regulations 2015 11 (3) A person may not hold office as a member of a school representative body in the same capacity for more than 3 consecutive terms other than as: (a) a principal; or (b) a member of the Legislative Assembly, or person nominated by a local government council, who is invited to be a member under regulation 22(6)(a). (4) Despite subregulation (1), on a school representative body being first established, one-half of its members (or the whole number nearest to, but not more than, one-half if the total number of members is an uneven number) must retire at the end of their first year of office. (5) The office of a member of a school representative body becomes vacant if: (a) the member is removed from office by the CEO under section 103(7) of the Act; or (b) the member is no longer eligible to hold office; or (c) the member resigns by notice in writing given to the chairperson of the school representative body or, for the chairperson, to the CEO. 24 Chairperson of school representative body (1) For section 103(8)(a) of the Act, a school representative body must appoint one of its members mentioned in regulation 22(4)(a) (other than a member who is a teacher or principal at any Government school) to be its chairperson. (2) Subject to this regulation, a member appointed under subregulation (1) holds office as chairperson for the remainder of the person's term of office as a member. (3) A member appointed under subregulation (1) may resign as chairperson by giving written notice to the CEO. (4) A member appointed under subregulation (1) who ceases to hold office as a member of the school representative body also ceases to hold office as chairperson. (5) A member is eligible to be reappointed as chairperson.

Part 5 Parent and community involvement in Government schools Education Regulations 2015 12 25 Casual vacancies (1) For section 103(8)(b) of the Act, a casual vacancy in the membership of a school representative body, other than a member in the capacity of principal, is to be filled as determined by the body. (2) A person elected or appointed to fill a casual vacancy: (a) must be eligible to hold office; and (b) holds office for the balance of the term of the member who created the vacancy by ceasing to be a member. (3) A person who ceases to be a member of a school representative body or to hold a particular office on a school representative body must, as soon as practicable, give to their successor any money, books, records or property of the body in their possession. 26 General meetings (1) Subject to subregulation (2), in each year the principal as a member of a school representative body or each of the principals who is a member of a joint school representative body must: (a) give notice to parents of students enrolled in the Government school of which they are the principal of the vacancies, if any, in the membership of the body for the year; and (b) ensure that, as soon as practicable after giving notice, an annual general meeting and one or more general meetings are held at which members are elected to fill vacancies and such other business is conducted as is required by the Act, these Regulations or the Minister. (2) An annual general meeting to be held as mentioned in subregulation (1)(b) must not be held later than 15 March. 27 Meetings (1) The chairperson of a school representative body or, if for any reason the chairperson is not available, the principal of the Government school, or any of the Government schools, for which the body is established, may call a meeting of the body. (2) The Minister, the CEO or not less than 3 members of a school representative body may, by written notice given to the chairperson of the body, request that a meeting of the body be called for the purpose of considering any matter specified in the notice.

Part 5 Parent and community involvement in Government schools Education Regulations 2015 13 (3) Without limiting the manner in which a notice may be given under subregulation (2), it may be given to the chairperson by delivering it, addressed to the chairperson, to the principal of the Government school, or any of the Government schools, for which the school representative body is established. (4) On being given a notice under subregulation (2), the chairperson must call a meeting of the school representative body by giving to each member of that body not less than 3 days' written notice of: (a) the date, time and place of the meeting; and (b) any matter specified in the notice under subregulation (2). (5) A meeting called under subregulation (2) must not deal with any business other than that specified in the notice under that subregulation. (6) The chairperson of a school representative body must preside at any meeting of the body at which the chairperson is present. (7) If the chairperson is not present at a meeting, the members present must elect one of their number to preside at the meeting. (8) A quorum at a meeting of a school representative body is one-half of the members for the time being in office. (9) Questions arising at a meeting of a school representative body must be determined by a majority of the votes of the members present and voting. (10) The person presiding at a meeting of a school representative body only has a deliberative vote and not a casting vote. (11) If there is a vacancy in the office of chairperson of a school representative body and, but for this subregulation, the body would not be able to meet to appoint a member to be chairperson of the body, the CEO may convene a meeting of the body for that purpose. 28 Independent public school boards (1) An application under section 104(2) of the Act must: (a) have had its making supported by a motion passed at a general meeting of the independent public school board before it is made; and (b) be made in writing; and

Part 5 Parent and community involvement in Government schools Education Regulations 2015 14 (c) state the reasons for the application; and (d) show how the views and interests of parents will be adequately represented on the board. (2) In determining an application under section 104(2) of the Act, the Minister: (a) must have regard to: (i) whether the views and interests of parents will be adequately represented on the independent public school board; and (ii) whether the community in which the school is located supports the application; and (b) must be satisfied that the board can comply with the requirements of Part 6 of the Act relevant to the board. (3) The Minister must make a decision on an application under section 104(2) of the Act as soon as practicable after receiving it and, in any event, not later than 30 days after receiving it. (4) The Minister may, in respect of an application under section 104(2) of the Act, decide: (a) to approve the application; or (b) to refuse the application; or (c) to vary the application and approve it as varied. (5) As soon as practicable after making a decision on an application under section 104(2) of the Act, the Minister must give written notice of the decision to the board. (6) If the Minister approves an application under section 104(2) of the Act (whether with or without variation), the independent public school board must, as soon as practicable after being notified under subregulation (5), publish on the school's website the information mentioned in subregulation (1)(d) as included in the application. (7) An approval of an application under section 104(2) of the Act has effect for the period (not exceeding 2 years) determined by the Minister and specified in the notice under subregulation (5). (8) On an approval ceasing to have effect, section 103(5) of the Act applies to the independent public school board without modification.

Part 5 Parent and community involvement in Government schools Education Regulations 2015 15 (9) An independent public school board may make a fresh application under section 104(2) of the Act at any time, whether or not an approval of an earlier application under that section then has effect. (10) However, if an independent public school board decides not to make a fresh application as mentioned in subregulation (9), it must notify the Minister of that fact and of the date on which the current approval will expire. 29 Limit on power to enter into agreements (1) This regulation applies to a school body (other than a joint school representative body) for section 106(1)(b) of the Act. (2) A school body must not: (b) enter into a derivative transaction; or (c) subscribe for, or otherwise acquire, or dispose of, shares in, or debentures or other securities of, a corporation. 30 Prescribed services For sections 107(1)(h) and 119(1)(f) of the Act, the services of maintenance and general upkeep are prescribed. 31 Optional extras (1) This regulation applies to a school body other than a joint school representative body. (2) For sections 107(1)(m) and 119(1)(i) of the Act, the following are prescribed materials, services or facilities not covered by section 75(2) of the Act for which a fee may be charged: (a) the provision of instructional support or instructional resources; (b) extra-curricular programs or activities; (c) entry costs associated with performances, productions or events; (d) the provision of materials or services that are a higher cost alternative to those required for the standard curriculum program;

Part 5 Parent and community involvement in Government schools Education Regulations 2015 16 (e) the provision of equipment or of other materials, services or facilities. Examples for subregulation (2)(a) Printing for personal use and internet access for recreational purposes. Example for subregulation (2)(b) Instrumental music tuition. Example for subregulation (2)(d) The use of mahogany in woodwork instead of standard pine. Example for subregulation (2)(e) Hire of a notebook computer or musical instrument. 32 Voluntary contributions (1) This regulation applies to a school body other than a joint school representative body. (2) For sections 107(1)(n) and 119(1)(j) of the Act, the following are the prescribed purposes for which voluntary contributions may be sought from parents: (a) donations to a building or a library trust fund, if the school body is a deductible gift recipient; (b) financial contributions for a specific purpose designated by the Government school, or any of the Government schools, for which the school body is established; (c) financial contributions or donations of any kind to the Government school, or any of the Government schools, for which the school body is established. 33 Ownership of materials and property (1) If a school body (other than a joint school representative body) purchases materials or other property wholly or partly from money mentioned in section 110(1)(a) of the Act, the materials or other property belong to the Minister. (2) If a school body (other than a joint school representative body) purchases materials or other property wholly from money mentioned in section 110(1)(b) or (c) of the Act, the materials or other property belong to the school body. (3) Subregulation (4) applies if a school management council purchases materials or other property on behalf of a joint school representative body wholly from money mentioned in section 110(1)(b) of the Act.

Part 5 Parent and community involvement in Government schools Education Regulations 2015 17 (4) The materials or other property belong to whichever school management council (established for one of the Government schools for which the joint school representative body is established) is nominated by the joint school representative body. 34 Accounts (1) A school body (other than a joint school representative body) must open an official bank account under the name of the school body with an ADI and may open other bank accounts with an ADI. (2) A school management council may, on behalf of a joint school representative body, open a bank account with an ADI. (3) A school body must obtain the approval of the CEO before opening a bank account, including an official bank account. (4) A school body must deposit in an official bank account opened under subregulation (1) all of its money mentioned in section 110(1)(a) or (c) of the Act. (5) Money in an official bank account opened under subregulation (1) is held on behalf of the Minister. (6) A school body may deposit in a bank account (other than an official bank account opened under subregulation (1)) money mentioned in section 110(1)(b) of the Act. (7) A joint school representative body may determine the use of money in a bank account opened under subregulation (2) for the purpose of joint projects for the benefit of the Government schools for which the body is established. (8) An account mentioned in subregulation (7) is to be managed by one of the Government schools for which the joint school representative body is established as nominated by that body for that purpose. (9) A school body must keep separate records of transactions for each account held by it. (10) A school representative body must nominate the persons who are to be signatories to withdrawals from an account held by the body. (11) A school management council or multi-school management council must nominate at least 2 persons, who must be approved by the CEO, who are to be signatories to withdrawals from an account held by the council. (12) A withdrawal as mentioned in subregulation (10) or (11) must be authorised by at least 2 of the nominated signatories.

Part 5 Parent and community involvement in Government schools Education Regulations 2015 18 35 Expenditure of money (1) A school representative body or school management council must not, except with the written approval of the CEO, use money in a bank account opened by it other than on, or in relation to, the Government school for which it is established. (2) A joint school representative body or multi-school management council must not, except with the written approval of the CEO, use money in a bank account opened by it other than on, or in relation to, any of the Government schools for which it is established. 36 General accounting requirements A school body must ensure that: (a) interest earned on money in an account is credited to the account; and (b) an instrument authorising the withdrawal of money from an account in favour of a person specified in the instrument is only capable of authorising a direct payment from the account to that person; and (c) there is a record made of all money received by the school body, except as otherwise determined by the CEO by instrument given to the body; and (d) each account of the school body is audited by a person who is: (i) a member of the Institute of Chartered Accountants, Institute of Public Accountants ACN 004 130 643 or CPA Australia; and (ii) appointed to audit the account by the school body or the CEO; and (e) an auditor or a firm of auditors is not appointed to audit the accounts of the school body for a term of more than 3 years; and (f) the person who audits an account of the school body prepares a written report that includes: (i) a statement of receipts, payments and balance on hand with respect to the account; and (ii) any other information that is directed in writing by the CEO to be included; and

Part 5 Parent and community involvement in Government schools Education Regulations 2015 19 (g) the report mentioned in paragraph (f) is presented to the next annual general meeting held in accordance with regulation 26(1)(b); and (h) a copy of a report mentioned in paragraph (f) is sent to the CEO as soon as practicable after the annual general meeting to which it is presented; and (i) a person is appointed, whether or not a member of the school body, with the duty of: (i) maintaining books of each account of the school body; and (ii) banking all money received for an account of the school body; and (iii) subject to regulation 34(10) to (12), making payments out of the account as authorised by the school body. 37 Secretary and treasurer to school body (1) For section 111(4) of the Act, a school body may request the principal of the Government school, or of any of the Government schools, for which it is established to direct the registrar of that Government school to act as either the secretary or treasurer, or as both secretary and treasurer, to the school body. (2) On receiving a request under subregulation (1), the principal may, subject to subregulation (3), give, or refuse to give, the direction sought by the request. (3) The principal must not give a direction that would require the registrar to work, or attend meetings of the school body, outside the registrar's normal working hours unless: (a) the registrar agrees to comply with the direction; and (b) the Agency has made arrangements under which the registrar will be paid for doing such work or attending such meetings. (4) The registrar must comply with a direction given by the principal. (5) In this regulation: registrar, in relation to a Government school, means the person holding the position of registrar of the school.

Part 6 Non-Government schools Education Regulations 2015 20 38 Powers of CEO with respect to school representative body For section 113(6)(a) of the Act, the prescribed period is 12 months. Part 6 Non-Government schools 39 Registrar of non-Government schools For section 123(2) of the Act, to be appointed as the registrar a person is required to be employed under an Executive Contract of Employment as defined by section 3(1) of the Public Sector Employment and Management Act 1993. 40 Application fee for registration For section 129(2) of the Act, the prescribed fee for an application for the registration of a non-Government school is 1 500 revenue units. 41 Code of conduct for assessors For section 123C of the Act, the code of conduct for assessors is set out in Schedule 2. 41A Student records For section 142(1) of the Act, the following information is prescribed as information of a kind about which records must be kept about each student enrolled at a registered non-Government school for the period of the student's attendance at that school: (a) the student's name; (b) the student's residential address; (c) the student's age and date of birth; (d) the student's unique pupil number given by the governing body; (e) the name and contact details of a parent of the student; (f) the date the student was enrolled in the school; (g) the name of the person who enrolled the student in the school; (h) the student's level of education when the student was enrolled in the school;

Part 7 Infringement notice offences Education Regulations 2015 21 (i) the name and address of the last school in which the student was enrolled; (j) the student's attendance at the school; (k) the student's educational performance (including a comparison with any national standards of education that are the subject of an intergovernmental agreement to which the Territory is a party); (l) any known medical conditions or allergies suffered by the student and any medication taken by the student; (m) the student's immunisation record; (n) any injuries or illnesses suffered by the student at the school. 42 Application fee for variation of registration For section 154(1) of the Act, the prescribed fee for an application for the variation of the registration of a non-Government school is 200 revenue units. 42A Register of non-Government schools For section 157(3) of the Act, the following information is required to be contained in the register of non-Government schools: (a) the name and address of the school; (b) the name and address of the governing body of the school; (c) the date the school was registered under Part 7 of the Act; (d) any religious or other affiliation of the school; (e) the year levels of the school's students; (f) the conditions of registration imposed on the school under section 138 of the Act. Part 7 Infringement notice offences 43 Infringement notice offence and prescribed amount payable (1) An infringement notice offence is an offence against a provision specified in Schedule 3.

Part 7 Infringement notice offences Education Regulations 2015 22 (2) The prescribed amount for an infringement notice offence is the amount equal to the monetary value of the number of penalty units specified for the offence in Schedule 3. 44 When infringement notice may be given If an authorised person believes on reasonable grounds that a person has committed an infringement notice offence, the authorised person may give an infringement notice to the person. 45 Contents of infringement notice (1) The infringement notice must specify the following: (a) the name and address of the person to whom it is issued, if known; (b) the date the infringement notice is given to the person; (c) the date and time of the infringement notice offence and the place at which the infringement notice offence occurred; (d) a description of the offence; (e) the prescribed amount payable for the offence; (f) the enforcement agency to which the prescribed amount is payable. (2) The infringement notice must include a statement to the effect of the following: (a) the person may expiate the infringement notice offence and avoid any further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after the notice is given; (b) the person may elect to have the offence dealt with by a court by: (i) completing a statement of election and giving it to the specified enforcement agency; and (ii) not paying the prescribed amount; (c) if the Fines and Penalties (Recovery) Act 2001 applies to the infringement notice offence – enforcement action may be taken under that Act if the person does nothing in response to the notice.

Part 7 Infringement notice offences Education Regulations 2015 23 (3) The infringement notice must include an appropriate form for making the statement of election mentioned in subregulation (2)(b)(i). 46 Electronic payment and payment by cheque (1) If the person uses electronic means to pay the prescribed amount, payment is not effected until the amount is credited to the payee's bank account. (2) If the person tenders a cheque in payment of the prescribed amount, payment is not effected unless the cheque is cleared on first presentation. 47 Expiation of offence If the prescribed amount for the infringement notice offence is paid in accordance with the infringement notice, the alleged offence is expiated and no further proceedings can be taken in relation to the offence. 48 Withdrawal of infringement notice (1) The CEO may withdraw the infringement notice by written notice given to the person. (2) The notice must be given: (a) within 28 days after the infringement notice is given to the person; and (b) before payment of the prescribed amount. 49 Application of Part (1) This Part does not prejudice or affect the start or continuation of proceedings for an infringement notice offence for which an infringement notice has been given unless the offence is expiated. (2) This Part does not: (a) require an infringement notice to be given; or (b) affect the liability of a person to be prosecuted in a court for an offence for which an infringement notice has not been given; or (c) prevent more than one infringement notice for the same offence being given to a person.

Part 7 Infringement notice offences Education Regulations 2015 24 (3) If more than one infringement notice for the same offence has been given to a person, the person may expiate the offence by paying the prescribed amount in accordance with any of the notices.

Schedule 1 Disqualifying offences Education Regulations 2015 25 Schedule 1 Disqualifying offences regulation 4 1 Criminal Code Provision of Act Qualification Section 125B or 125D Section 156 or 165 If the victim is a child Section 194 If the person kidnapped is a child Section 195 If the victim is a child Section 201 or 202 Section 202C If the business involves the sexual servitude of a child Section 202D, 208H, 208HA or 208HB If the victim is a child Section 208J, 208JA, 208JB, 208JC, 208JD, 208JE, 208JF, 208JG, 208JH, 208JI, 208K, 208KA or 208KB Section 208LB, 208LC or 208LD If the victim is a child 2 Misuse of Drugs Act 1990 Provision of Act Qualification Section 5B(1) 3 Criminal Code (Cth) Provision of Act Qualification Sections 268.8 to 268.68 and 268.70 to 268.101 Sections 270.3, 270.5(1) and (2) and 270.7 If the victim is a child

Schedule 1 Disqualifying offences Education Regulations 2015 26 Sections 271.4, 271.7, 272.8 to 272.15, 272.19, 273.5, 273.6, 309.2 to 309.4, 309.7, 309.8, 309.10 to 309.15, 471.16, 471.17, 471.19, 471.20, 471.24, 471.25, 471.26, 474.19, 474.20, 474.22, 474.23, 474.25A, 474.25B, 474.26, 474.27 and 474.27A 4 Customs Act 1901 (Cth) Provision of Act Qualification Section 233BAB If the tier 2 goods were items of child pornography or child abuse material

Schedule 2 Code of conduct for assessors Education Regulations 2015 27 Schedule 2 Code of conduct for assessors regulation 41 2 Purpose of code The purpose of this code of conduct is to: (a) set out the high standards of honesty, integrity and ethical behaviour expected of assessors in performing functions under the Act; and (b) guide assessors as to the practices necessary for confidence to be maintained in their integrity and for assessors to comply with their legal obligations in performing functions under the Act. 3 Requirements Assessors must: (a) act with honesty and integrity, that is: (i) be open and transparent in their dealings; and (ii) use power responsibly; and (iii) not place themselves in a position of conflict of interest; and (iv) declare any conflict of interest that should arise; and (v) strive to earn and retain public trust of a high level; and (b) act in good faith, that is: (i) demonstrate accountability for their actions; and (ii) accept responsibility for their decisions; and (iii) make all decisions in the best interests of students; and (iv) not engage in activities that may bring them or the registrar into disrepute; and (c) act fairly and impartially, that is: (i) avoid bias, discrimination, capriciousness or self-interest; and

Schedule 2 Code of conduct for assessors Education Regulations 2015 28 (ii) demonstrate respect for others by always acting in a professional and courteous manner; and (d) use information appropriately, that is, ensure that information gained in the performance of functions is kept confidential and only used for proper purposes; and (e) use their position appropriately, that is: (i) not use their position to seek an undue advantage for themselves, family members or associates; and (ii) not cause detriment to the registrar; and (iii) ensure that they refuse any offers of gifts or favours that may cast doubt on their ability to apply independent judgement in performing functions; and (f) act in a financially responsible manner, that is: (i) be accountable for all public resources used in performing functions; and (ii) be economical and avoid waste in using public resources; and (g) exercise due care, diligence and skill, that is; (i) find out all relevant information and make all reasonable enquiries before making a recommendation or decision; and (ii) understand the financial, strategic and other implications of their recommendations or decisions; and (h) comply with the Act, that is, act within the powers given to them by the Act and for the purposes for which they are given; and (i) demonstrate leadership and stewardship, that is: (i) set a good example; and (ii) exercise care and responsibility to ensure the effective regulation of non-Government schools.

Schedule 3 Infringement notice offences and prescribed amounts Education Regulations 2015 29 Schedule 3 Infringement notice offences and prescribed amounts regulation 44 Provision of Act Prescribed amount (penalty units) sections 39(1), 40(2), 42(2), 70(2), 71(4), 94(2), 151(1), 171(5), 172(7), 173(11), 175(2) and 176(2) 2 sections 39(2), 40(3), 42(3), 70(3), 71(8), 94(3), 171(6), 172(8), 173(12), 174(3), 175(3) and 176(3) 0.2

ENDNOTES Education Regulations 2015 30 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Education Regulations (SL No. 30, 2015) Notified 15 December 2015 Commenced 1 January 2016 (r 2 and s 2 Education Act 2016 (Act No. 28, 2015) Education Amendments Regulations 2016 (SL No. 31, 2016) Notified 6 July 2016 Commenced 6 July 2016 Justice Legislation Amendment (Drug Offences) Act 2016 (Act No. 17, 2016) Assent date 8 June 2016 Commenced s 17 (to ext ins new s 15): 10 October 2016; rem: 18 July 2016 (Gaz S67, 18 July 2016) Statute Law Revision Act 2018 (Act No. 10, 2018) Assent date 23 May 2018 Commenced 20 June 2018 (Gaz S41, 20 June 2018) Statute Law Revision Act 2020 (Act No. 26, 2020) Assent date 19 November 2020 Commenced 20 November 2020 Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023) Assent date 17 August 2023 Commenced 25 March 2024 (Gaz S20, 22 March 2024) Education Legislation Amendment Act 2023 (Act No. 27, 2023) Assent date 3 November 2023 Commenced 2 January 2024 (s 2)

ENDNOTES Education Regulations 2015 31 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 29, 39 and 45 4 LIST OF AMENDMENTS r 22 amd No. 31, 2016, r 3 r 26 amd No. 31, 2016, r 9 r 29 amd No. 31, 2016, r 4 r 34 amd No. 31, 2016, r 5; Act No. 26, 2020, r 3 r 36 amd No. 31, 2016, r 9 r 41 amd Act No. 27, 2023, s 43 r 41A ins No. 31, 2016, r 6 r 42A ins No. 31, 2016, r 7 pt 7 hdg sub Act No. 27, 2023, s 44 ss 43 – 48 sub Act No. 27, 2023, s 44 r 49 ins No. 31, 2016, r 8 exp Act No. 28, 2015, s 194(5) ins Act No. 27, 2023, s 44 pt 8 hdg ins No. 31, 2016, r 8 rep Act No. 10, 2018, s 6 r 50 ins No. 31, 2016, r 8 exp Act No. 28, 2015, s 194(5) sch 1 amd Act No. 17, 2016, s 46; Act No. 20, 2023, s 41 sch 2 amd Act No. 27, 2023, s 45

1 EDUCATION REGULATIONS 2015

Several recurring legal and administrative concepts are defined or elaborated in these Regulations. A working understanding of these concepts is essential when advising or implementing the Act.

Disqualifying offence, Schedule 1 and r 4 , The Regulations enumerate particular offences (federal and Territory criminal provisions and the Misuse of Drugs Act) that qualify for the Act’s disqualification regime. Many entries include a qualification, typically “if the victim is a child”, which narrows the scope. The Schedule references specific sections by number, so application requires matching the factual matrix to the Schedule entry and its qualification. Regulation 4 also imports offences under other jurisdictions if the conduct would have constituted a prescribed offence in the Territory.
Prescribed education program, r 5 , The Regulations list activities that, when approved by a school principal, count as attendance for school purposes: performances and representative activities, excursions and off campus learning activities. The instrument includes examples to illustrate these categories.
Expert (for Board of Studies), r 6 , The Regulations prescribe discrete fields (early childhood, primary, secondary, special needs, vocational education in schools, distance/online or international education, and Aboriginal and Torres Strait Islander education). That definition constrains who can satisfy the Act’s expert requirement.
School body / school representative body / joint school representative body, r 21 and r 22 , The Regulations define “school body” as covering school representative bodies, school management councils and multi-school management councils, and set composition rules for school representative bodies, including minimum and maximum numbers, membership classes and eligibility rules.
Standard curriculum program, r 15 , The Regulations declare the core curriculum and instructional materials that the Government must provide at no additional charge as the Early Years Learning Framework, the Australian Curriculum, the senior NT Certificate of Education and Training, and VET.
Optional extras and voluntary contributions, rr 31-32 , The instrument differentiates between prescribed optional extras for which a fee may be charged, including certain instructional resources, extra-curricular programs, and higher-cost alternatives, and the permitted purposes for voluntary contributions, including donations to eligible trust funds if deductible gift recipient status applies.
Ownership and fund distinctions, r 33 and r 34 , The Regulations distinguish funds and property ownership depending on which statutory fund the money came from (references to section 110(1)(a), (b), (c) of the Act), require official bank accounts opened with an ADI, and make clear that money in an official account is held on behalf of the Minister.
Financial transaction limits, r 29 , A school body (other than a joint school representative body) may not enter derivative transactions, or acquire or dispose of shares, debentures or other securities in a corporation. That imposes a ceiling on certain financial activities.
Audit and accounting obligations, r 36 , The Regulations require audit by a qualified accountant, a written audit report with specified contents, presentation to the annual general meeting, and submission to the CEO. Auditors may not serve more than three years consecutively.
Infringement notice regime, Part 7 and Schedule 3 , The Regulations establish a civil-style, ticketing regime for specified Act offences, define when authorised persons may issue notices, prescribe the information a notice must contain, how and when payment expiates the offence, the person’s election to proceed to court, and the prescribed amounts expressed in penalty units.
Code of conduct for assessors, Schedule 2 , The code sets behavioural, ethical and procedural expectations for assessors performing functions under the Act, including honesty, impartiality, use of information and stewardship.
Student records for non-Government schools, r 41A , A defined set of student data points must be kept for the duration of a student’s attendance, including unique pupil number, immunisation record and educational performance relative to national standards where applicable.

These concepts show the Regulations’ emphasis on record-keeping, financial control, prescribed membership and governance rules, and a formalised sanctioning path via infringement notices. Each concept is linked to a specific regulatory text, which limits administrative discretion in how the Act is to operate at school and Agency level.

The Regulations have identifiable direct and secondary subjects. Below are the principal classes of affected persons and entities, and the regulated consequences for each, with regulation references:

Students and parents , Students are affected by what counts as attendance (r 5), by registers that must record personal and attendance information (r 11), and by rules that apply to home education proposals (r 12). Parents are both participants and office-holders in school representative bodies (r 22), may be charged for optional extras and invited for voluntary contributions (rr 31-32), and have procedural rights to seek review of exclusion or expulsion decisions by the CEO and Minister respectively within specified 14 day timeframes (rr 19-20).
Principals and registrars , Principals decide whether particular programs are approved for attendance purposes (r 5) and must give notice and ensure annual general meetings are convened by specified dates (r 26). Registrars may be directed to act as secretary or treasurer to a school body at the principal’s direction, but only within their normal working hours unless otherwise agreed and paid (r 37). Non-Government school registrars must meet a specific employment status requirement to be appointed (r 39).
Teachers , Teachers are electable members of school representative bodies in a defined class (r 22(4)(b)), may not be invited members (r 22(8)), and have voting/election roles. The Regulations also provide an eligibility rule that teachers cannot be invited persons to a school body, thus preventing double-hatting in invited-member roles (r 22(8)).
School representative bodies, school management councils and multi-school management councils , These entities are regulated on composition, term of office, chairperson selection, meeting procedure, financial controls including required bank accounts and CEO approvals before opening accounts (r 34(3)), constraints on expenditure (r 35), asset ownership (r 33) and audit and reporting obligations (r 36). Joint bodies have special provisions on accounts and ownership (rr 33(3)-(4), 34(2), 34(7)-(8)).
The Northern Territory Board of Studies , The Regulations set the nomination process for Board members (r 7), define eligible expert fields (r 6), and require minimum meeting frequency, quorum and voting arrangements (r 9). The chairperson must have knowledge and experience of educational policy and practice in the Territory and nationally (r 8).
The Minister and CEO , The Minister is given procedural duties in inviting nominations and must determine fees for international students and distance education by Gazette (rr 7, 14). The Minister must meet specific time limits for deciding applications to become an independent public school board, and must publish specified information if approval is granted (r 28). The CEO is given review powers over exclusions and can require school bodies to comply with accounting arrangements, may withdraw infringement notices within fixed periods (rr 19, 34(3), 48).
Assessors and non-Government school governing bodies , Assessors are bound by a code of conduct (Schedule 2) when undertaking functions under the Act. Non-Government school governing bodies are subject to registration, application fees, student-record obligations and must appear on the public register with specified fields (rr 40, 41, 41A, 42, 42A).
Persons who commit specified Act offences , The infringement notice mechanism applies to persons alleged to have committed particular offences in the Act sections listed in Schedule 3, making them subject to monetary penalties expressed in penalty units and the expiation process set out in Part 7.
Third parties and service providers , Entities providing optional extras, hired equipment or higher-cost alternatives will find a statutory path permitting fees under rr 31-32 but only for listed types of services and purposes, and subject to the ownership rules at r 33.

The Regulations therefore allocate obligations, decision-making duties and discrete rights across families, school governance actors, executive agencies and external service providers. The effect is to narrow and standardise how individual schools and bodies operate within the Territory framework. Compliance responsibility falls primarily on school bodies, principals, the CEO and the Minister, with individual parents and students affected mainly through attendance rules, financial contributions and review rights.

This section summarises formal duties imposed on regulated actors and the legal rights the Regulations recognise or protect. Citations to relevant regulations are included for precision.

Duties

Maintain and record enrolment and attendance information, including name, residential address, date of birth, citizenship or residency status, parent details where known, daily care and control, sibling presence, living independently status and daily attendance records, for each student at a Government school, in the register required by s 45(1) of the Act as prescribed by r 11.
Provide detailed information to the CEO before commencing home education, including proposed curriculum, program of work, resources to be used, average daily instruction time, number of instructional days, place and facilities, record-keeping and assessment methods, and the instructor’s name and relationship to the child, under r 12.
For international student enrolments, satisfy the eligibility criteria that the applicant is under 18 and has adequate accommodation, welfare and supervision arrangements for the course duration, per r 13. The Minister may set fees by Gazette for international students and distance education centres under r 14.
For school representative bodies: compose the body with between 5 and 19 members, ensure member classes and election methods are in the body’s constitution, appoint a chairperson from the parent class who is not a teacher or principal, manage terms of office (normally two years) with limits on consecutive terms, and observe annual meeting timing requirements (r 22-27).
Open an official bank account with an ADI in the name of the school body, obtain CEO approval before opening any bank account, deposit specified classes of funds into an official bank account and manage accounts with separate transaction records and nominated signatories, as required by r 34. Money in an official account is held on behalf of the Minister (r 34(5)).
Ensure funds are spent only on or in relation to the Government school for which the body is established, except with written CEO approval (r 35). Joint and multi-school councils have equivalent constraints with respect to their schools (r 35(2)).
Observe accounting and audit requirements, including appointment of a qualified auditor from specific professional institutes, appointment limits of three years for auditors, preparation and presentation of written audit reports with specified contents to the annual general meeting and submission to the CEO (r 36).
Preserve ownership rules for property acquired from different classes of school funds, with property bought with Ministerial funds belonging to the Minister and property bought entirely from school body funds belonging to the school body, as described in r 33.
For assessors, comply with the code of conduct in Schedule 2, which requires honesty, good faith, impartiality, confidentiality, appropriate use of position and financial responsibility.
For non-Government schools, retain specified student records for the period of attendance, including a unique pupil number, last school, levels, immunisation and educational performance, under r 41A.
For authorised persons issuing infringement notices, act on reasonable grounds, and ensure notices include prescribed content and options for expiation or electing court processes, in accordance with r 44 and r 45.

Rights

Right to lawful review and appeal mechanisms: a student or parent may apply in writing to the CEO for review of an exclusion decision within 14 days (r 19), and may apply in writing to the Minister for review of an expulsion decision within 14 days (r 20). Applications must include reasons and an address for notices.
Right to expiation: a person given an infringement notice may expiate the alleged offence by paying the prescribed amount within 28 days, which prevents further proceedings for that offence once payment is made (r 45(2)(a), r 47).
Right to elect court proceedings: an individual issued with an infringement notice may choose to have the matter dealt with by a court, by completing a specified statement of election and not paying the prescribed amount (r 45(2)(b)).
Right to information and publication in specific contexts: where an independent public school board application is approved, the board must publish information about parent representation on the school’s website as included in the application (r 28(6)); the Minister must give written notice of the decision on an independent public school board application within a 30 day decision period (r 28(3)-(5)).
Right to financial oversight: school bodies may nominate signatories, but withdrawals must be authorised by at least two nominated signatories, and certain bank account openings and uses require CEO approval (r 34(10)-(12), r 34(3), r 35).

These duties and rights allocate both compliance obligations and procedural protections. Duties focus heavily on record-keeping, constrained financial activity, and prescribed governance structures, while rights primarily protect process fairness in reviews and the option to litigate rather than expiate infringement notices.

The Regulations establish an infringement notice regime as the primary formal penalty mechanism for specific Act offences, while other enforcement levers are administrative or managerial. The following describes the enforcement architecture and penalty particulars that the instrument prescribes.

Infringement notices and prescribed amounts

The Regulations define “infringement notice offence” as an offence against a provision listed in Schedule 3, at r 43(1). Schedule 3 then lists a set of Act provisions and assigns a prescribed amount in penalty units for each grouping (Schedule 3). For example, certain listed sections carry a prescribed amount of 2 penalty units, while others are 0.2 penalty units under the Schedule.
The prescribed amount for an infringement notice offence, per r 43(2), is the monetary value that equals the number of penalty units specified in Schedule 3. The monetary value is therefore variable with the statutory definition of penalty unit and any adjustments to that value.

Issuing, contents and timing

An authorised person may issue an infringement notice where they believe on reasonable grounds that a person has committed an infringement notice offence (r 44). The Regulations do not list who is an authorised person in the text provided; that term will be defined in the Act or elsewhere.
The infringement notice must include specified information including the person’s name and address if known, dates, place, description of the offence, prescribed amount and the enforcement agency to which the amount is payable (r 45(1)). The notice must also include a statement that payment within 28 days will expiate the offence, the option to elect court proceedings and that enforcement action under the Fines and Penalties (Recovery) Act 2001 may follow if applicable (r 45(2)(a)-(c)).

Payment, expiation and withdrawal

If the prescribed amount is paid as specified, the alleged offence is expiated and no further proceedings may be taken for that offence (r 47).
Payments by electronic means are not effective until credited to the payee’s bank account, and cheques are not effective unless cleared on first presentation (r 46). Those rules affect practical timing for expiation.
The CEO may withdraw an infringement notice by written notice to the person, but only within 28 days after the notice was given and before payment is made (r 48).

Interaction with court and other enforcement

The person receiving an infringement notice retains the right to elect to have the matter dealt with by a court, by delivering the prescribed statement of election and not paying the prescribed amount, as noted in r 45(2)(b). That preserves access to judicial determination.
Part 7 expressly states that the regime does not prevent the start or continuation of proceedings for the offence for which an infringement notice has been given unless the offence is expiated, nor does it require the giving of a notice, nor prevent multiple infringement notices for the same offence being issued (r 49). If more than one notice is given, payment under any will expiate the offence (r 49(3)).

Administrative and managerial enforcement

CEO powers to review exclusions and to remove members of school representative bodies are governed by the Act but the Regulations supply procedural detail such as the 14 day time limit for review applications and format (rr 19-20). The CEO also has prescribed powers over school body bank accounts , approval prior to opening accounts and power to act with respect to school representative bodies' functioning as set out in r 34 and r 38.
The Regulations also restrict financial activity by school bodies, including an express prohibition on entering derivative transactions and acquiring corporate securities (r 29). Breach of these financial prohibitions would trigger disciplinary or remedial administrative action under the Act or Agency policy; the Regulations themselves do not attach specific monetary penalties to these breaches but the Act would contain enforcement paths.

Other enforcement contexts

The code of conduct for assessors in Schedule 2 sets standards but does not itself create civil or criminal sanctions. Non-compliance would feed into assessor appointment mechanisms and administrative consequences under the Act.
Disqualifying offences listed in Schedule 1 operate as a statutory disqualification mechanism for suitability for working with children or holding particular positions under the Act. The practical enforcement of the disqualification concept will arise in application and employment checks and through executive decision-making under the Act, rather than by penalty units in these Regulations.

In sum, the Regulations use the infringement notice system to create a fast, civil-style penalty pathway for a defined set of Act offences, while relying on administrative controls and audit reporting to regulate governance, finance and record-keeping. The expiation mechanism is time-limited and conditional on payment processing rules, and the CEO retains power to withdraw notices within tightly specified windows.

The Regulations repeatedly cross-reference the Education Act 2015 for substantive powers, but they also reference several other Territory and Commonwealth statutes and instruments. The interactions create dependencies that must be considered in compliance and enforcement.

Education Act 2015

Almost every prescription in these Regulations gives statutory form to an Act provision. The Regulations define terms, set thresholds and prescribe procedural form for Minister and CEO powers conferred by the Act (for example, r 4 implements the Act’s disqualifying offence definition, r 11 prescribes registers required by s 45 of the Act, r 12 provides the particulars for home education required under s 46, and so on). Where the Act uses permissive language, the Regulations often supply mandatory detail.

Income Tax Assessment Act 1997 (Cth)

The definition of “deductible gift recipient” used in Part 5 is a statutory reference to section 30.227(2) of the Commonwealth Income Tax Assessment Act 1997, at r 21. That reference determines eligibility to seek donations to certain trust funds as voluntary contributions under r 32(2)(a). This ties school fundraising and tax concessions directly to Commonwealth tax law status.

Public Sector Employment and Management Act 1993 (NT)

The appointment requirement for a non-Government school registrar refers to appointment under an Executive Contract of Employment as defined in section 3(1) of the Public Sector Employment and Management Act 1993, at r 39. That interaction constrains who can fill the registrar role.

Fines and Penalties (Recovery) Act 2001

The infringement notice content must advise that enforcement under the Fines and Penalties (Recovery) Act 2001 may follow where that Act applies, per r 45(2)(c). This ties expiation to collection and enforcement procedures set out in that territory Act.

Criminal and Commonwealth statutes

Schedule 1 lists particular provisions of the Criminal Code, certain Commonwealth criminal provisions and the Customs Act 1901, and the Misuse of Drugs Act 1990, as disqualifying offences, often with qualifications such as “if the victim is a child” (r 4 and Schedule 1). The practical effect is that criminal offence regimes under Territory and Commonwealth law are folded into suitability assessments under the Education Act via the Regulations.

Intergovernmental and national standards

Regulation 41A(k) requires non-Government schools to keep records of students’ educational performance and explicitly references “any national standards of education that are the subject of an intergovernmental agreement to which the Territory is a party”. That links record-keeping obligations to intergovernmental agreements and national standards that may be handled outside territorial law.

Penalty unit framework

The prescribed amounts in Schedule 3 are expressed as penalty units. The monetary conversion of penalty units depends on the statutory penalty unit value set elsewhere in Territory law. Any change to the penalty unit value will alter the dollar cost of prescribed amounts in these Regulations.

Corporate and financial law boundaries

The prohibition on derivatives and securities transactions by school bodies in r 29 intersects with corporate and financial markets regulation, effectively keeping school body funds out of active capital market instruments. While the Regulations do not detail enforcement under corporations or financial services law, they set an internal public-sector limitation that may have implications for school body investment strategies.

Administrative law

The Minister’s obligation to decide independent public school board applications “as soon as practicable” and not later than 30 days (r 28(3)), and the fixed 14 day application windows for review of exclusion or expulsion (rr 19-20), interact with principles of administrative law including procedural fairness, reviewability and judicial review. The Regulations’ time frames and notice requirements will be relevant in any judicial review or review under administrative law frameworks, though the instrument does not provide judicial process itself.

Overall, the Regulations are not standalone; they explicitly and implicitly depend on, and feed into, Commonwealth tax law for fundraising, Territory collection law for fines, criminal law for suitability checks, public sector employment law for registrar appointments, and administrative law principles for decisionmaking. Practitioners should therefore read the Regulations in tandem with the Act and the statutory instruments they cite when advising clients or implementing policy.

The provided endnotes set out the Regulations’ formal legislative history, including initial notification, commencement and subsequent amendments. Below is a chronological account of the instrument’s amendments and related Acts that changed its text, drawn from the endnotes and the list of amendments included in the instrument.

Initial instrument , Education Regulations (SL No. 30, 2015), notified 15 December 2015, commenced 1 January 2016, aligning with Part 1 commencement of the Education Act 2015.
Education Amendments Regulations 2016 (SL No. 31, 2016), notified 6 July 2016, commenced 6 July 2016. This instrument inserted multiple provisions including r 22, r 26, r 29 amendments, r 34 amendment, r 36 amendment, and inserted rr 41A and 42A. The endnotes reference r 22 amd No. 31, 2016, r 3 etc.
Justice Legislation Amendment (Drug Offences) Act 2016 (Act No. 17, 2016), assent 8 June 2016: effected a consequential amendment to Schedule 1, as indicated in the list of amendments (sch 1 amd Act No. 17, 2016, s 46).
Statute Law Revision Act 2018 (Act No. 10, 2018), assent 23 May 2018, commenced 20 June 2018, made formal amendments of a technical nature to several regulations as noted in the endnotes.
Statute Law Revision Act 2020 (Act No. 26, 2020), assent 19 November 2020, commenced 20 November 2020, implemented a formal amendment to r 34 (endnotes list Act No. 26, 2020, r 3).
Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023), assent 17 August 2023, commenced 25 March 2024 (Gazette S20, 22 March 2024). The endnotes indicate sch 1 amended by Act No. 20, 2023 s 41, thereby updating Schedule 1 to reflect changes in criminal law relevant to disqualifying offences.
Education Legislation Amendment Act 2023 (Act No. 27, 2023), assent 3 November 2023, commenced 2 January 2024. That Act made several substantive changes to Part 7 and related provisions: the endnotes state that Part 7 heading was substituted by Act No. 27, 2023 s 44, sections 43-48 were substituted by that Act, r 49 was inserted by No. 31, 2016 r 8 earlier and then changes recorded in the list. Schedule 2 was amended by Act No. 27, 2023 s 45 (per the list of amendments).
Specific insertions and substitutions , The endnotes list the insertion dates for rr 41A and 42A by No. 31, 2016, r 6 and r 7 respectively, and other formal amendments under the Interpretation Legislation Amendment Act 2018. The endnotes also show a number of regulations were amended formally: r 22, r 26, r 29, r 34, r 36, r 41, and more; the endnotes provide the instrument numbers and years for those amendments.
Expiry notes , In some instances the endnotes mark earlier provisions as expired; for example, references to expiring provisions in Act No. 28, 2015 s 194(5) are recorded, indicating transitional or sunset provisions previously present.

Taken together, the amendment history shows an initial regulatory architecture established in 2015-2016, followed by targeted changes to align with broader criminal law reforms, administrative fine processes and other technical revisions in 2018-2020, and more substantive reform to Part 7 and assessor conduct in 2023-2024. The endnotes and list of amendments are the authoritative record of those changes in the instrument you provided.

The Regulations themselves do not record, cite or summarise any court decisions. The instrument lists no cases, and Schedule and regulation texts contain no footnote references to judicial interpretations or appellate authority. Therefore the provided text contains no litigation history to summarise.

That absence does not mean the Regulations are immune from litigation; rather, the instrument leaves open the usual avenues for judicial review and contest in relation to its administrative and enforcement provisions. The text indicates several areas where disputes could proceed to court, because the Regulations:

Create administrative decisionmaking processes with limited procedural detail, for example the CEO and Minister review functions for exclusion and expulsion (rr 19-20). Applicants must apply within 14 days and the applications must be in writing stating reasons. Challenges to the adequacy of reasons, procedural fairness or timeliness could arise within administrative law frameworks.
Establish an infringement notice regime that preserves a right to elect court proceedings (r 45(2)(b)). Persons can therefore challenge the facts or law of the allegation in a court as an alternative to paying the prescribed amount and relying on expiation.
Specify financial and governance constraints on school bodies, including the CEO’s power to approve accounts and control use of funds (rr 34-35). Disputes over the CEO’s exercise of these supervisory powers could be the subject of administrative review or judicial proceedings.
Prescribe suitability checks via disqualifying offences in Schedule 1 and r 4. Decisions to disqualify or refuse appointment on that basis could be litigated in employment or administrative law contexts.

Because the instrument does not list case law, practitioners should search Territory and Federal court databases for decisions that interpret the Education Act 2015 or its Regulations, especially in areas such as the lawfulness of CEO/Minister decisions, the content of procedural fairness owed to students and parents, the exercise of infringement notice powers and the treatment of school body funds. Any litigation history will therefore need to be identified through case law databases, tribunal records and agency determination reports rather than from the Regulations themselves.

The Regulations contain many prescriptive rules that create risks of accidental non-compliance or unintended outcomes if practitioners, school managers or parents overlook fine points. The following are practical “gotchas” grounded in specific regulations you should flag.

Tight timelines for review of exclusion and expulsion (rr 19-20) , A student or parent must apply in writing within 14 days of receiving the relevant notice from the CEO or Minister. The application must include an address for notices and state reasons. Missing the 14 day window may forfeit the statutory review opportunity under the Act. These timelines are short and strictly stated in the Regulations.
CEO approval required before opening bank accounts or using funds off-purpose (r 34(3), r 35) , School bodies must obtain CEO approval before opening any bank account. Funds in an official account are held on behalf of the Minister (r 34(5)). Using funds for matters not “on, or in relation to” the Government school requires written CEO approval. Practical consequence: small school bodies accustomed to local discretion must secure formal approvals before opening accounts or reallocating money.
Ownership of materials varies with funding source (r 33) , Property bought wholly or partly from money in section 110(1)(a) of the Act belongs to the Minister, while property bought from money in 110(1)(b) or (c) belongs to the school body. If a joint school management council purchases property wholly from s 110(1)(b) funds the property belongs to the nominated management council (r 33(3)-(4)). Practitioners must track funding provenance when purchasing assets, or risk incorrect assumptions about ownership on disposal or transfer.
Different voting rules for the Board and school bodies (rr 9 and 27) , The Northern Territory Board of Studies chairperson has a casting vote where votes are equal (r 9(f)). In contrast, the person presiding at a school representative body meeting has only a deliberative vote and not a casting vote (r 27(10)). That difference can affect the outcome of close governance decisions at the school level.
Quorum rules differ and can prevent meetings (r 9(d) and r 27(8)) , For the Board, a quorum is 6 members (r 9(d)). For school representative bodies a quorum is one-half of members for the time being in office (r 27(8)). Small bodies with frequent vacancies may struggle to meet quorum requirements, and the CEO may need to convene a meeting in limited circumstances (r 27(11)).
Restrictions on invited members and teacher participation (r 22(6)-(9)) , A school representative body may invite persons with specialised qualifications, a local member of the Legislative Assembly, or a local government nominee, but teachers must not be invited members (r 22(7)-(8)). Also a person may only be a member in one capacity (r 22(9)), so dual roles can cause ineligibility for election. Practitioners must check whether prospective invited members breach the teacher exclusion or the one-capacity rule.
Audit appointment limit and reporting obligations (r 36(d)-(h)) , Auditors must be members of specified professional institutes and may not be appointed for more than three years consecutively. The audit report must contain particular statements and be presented to the next annual general meeting and sent to the CEO. Missing these formalities can lead to CEO intervention.
Derivative and securities prohibition (r 29) , School bodies other than joint school representative bodies must not enter derivative transactions or acquire corporate securities. School bodies seeking to invest funds must avoid financial instruments that contravene this rule.
Differences between joint and single school bodies on accounts and ownership (rr 33-34) , Joint school representative bodies may have accounts managed by one of the schools they represent, but ownership of property bought from certain funds depends on nomination by the joint body. This creates complexity for multi-school projects.
Infringement notice procedural and payment traps (rr 44-48) , An authorised person may issue a notice where reasonable grounds exist; the notice must be given proper content and the recipient has 28 days for payment to expiate. Payment is effective only when credited to the payee’s account or when a cheque clears on first presentation (r 46). The CEO may withdraw a notice only within 28 days and before payment (r 48). In practice, delays in crediting electronic payments or clearing cheques can affect whether an offence is expiated or whether the CEO can lawfully withdraw a notice.
Disqualifying offence qualifications in Schedule 1 , Several Schedule 1 entries are qualified by factual elements such as “if the victim is a child” or “if business involves sexual servitude of a child” (Schedule 1). A person with an offence listed in Schedule 1 may or may not be disqualified depending on the factual circumstances, which requires careful legal and factual analysis.
International student criteria and fee setting by Gazette (rr 13-14) , The Regulations require international student applicants to be under 18 and to have adequate accommodation, welfare and supervision arrangements. The amount of fees is set by Ministerial Gazette notice, which can change without individual school-level announcements. Advisors should monitor Gazette notices for fee updates.
Registrar appointment requirement for non-Government schools (r 39) , The requirement that a non-Government school registrar be employed under an Executive Contract of Employment narrows who can be registered and may have knock-on effects for governance structures in non-Government schools.

These “gotchas” underline the need for robust internal procedures, precise record-keeping and early contact with the CEO where approvals are required. Many practical disputes will stem from procedural missteps or misunderstandings of ownership and fund provenance rather than from high-level policy differences.

This section sets out a practical, regulation-by-regulation compliance checklist and recommended operational steps based on the prescriptions in the Regulations. The checklist is organised by the principal regulated activities: governance and meetings; financial management and audit; enrolment, attendance and records; home and international education; non-Government school registration and assessors; and handling infringement notices.

Governance and meetings (rr 6-10, 21-28)

Constitution and membership numbers , Ensure the school representative body’s constitution specifies the number of members between 5 and 19, and sets election procedures consistent with r 22(2)-(4) and r 22(3). Check the constitution for a mechanism to ensure one-half of the members retire at the end of the first year when the body is first established (r 23(4)).
Chairperson appointment , Appoint a chairperson from the parent class, not a teacher or principal, and record the appointment and any resignation in writing to the CEO if applicable (r 24(1)-(4)). Document the chairperson’s eligibility and term.
Meeting schedule and quorum , Schedule Board meetings at least once each term and school representative body meetings so that the annual general meeting is held not later than 15 March (r 9(1)(a), r 26(2)). Maintain quorum calculations: Board quorum is 6 (r 9(d)); school representative bodies require one-half of members (r 27(8)).
Minutes and remote participation , Maintain records of meetings in an appropriate form (r 9(1)(h)). If holding meetings by telephone or video conference, ensure the method meets r 9(1)(c) and that participation is recorded under r 9(2).

Financial management and audit (rr 29, 33-37)

Bank accounts , Before opening any bank account, obtain written CEO approval (r 34(3)). Open an official account in the school body’s name with an ADI for money mentioned in section 110(1)(a) or (c), and ensure those funds are deposited into that official account (r 34(1), r 34(4)). For joint bodies, set up accounts as permitted under r 34(2) and ensure one school is nominated to manage the joint account (r 34(7)-(8)).
Signatories and withdrawals , Nominate signatories in writing and ensure at least two nominated signatories are required to authorise withdrawals (r 34(10)-(12)). Keep a list of authorised signatories and update CEO approvals as necessary.
Use of funds and CEO permissions , Restrict expenditure to activities on or in relation to the Government school unless you have written CEO approval for other uses (r 35). For multi-school bodies, get written CEO approval for expenditures that are not clearly for any of the member schools (r 35(2)).
Ownership tracking , Maintain a ledger that records the source of funds for each asset purchase so ownership can be correctly allocated under r 33 (Minister or school body). Include funding source codes in procurement and asset registers.
Audit compliance , Appoint an auditor who is a member of the named professional bodies, and limit appointments to a maximum of three consecutive years (r 36(d)-(e)). Require written audit reports that include receipts, payments and balances and any additional CEO directions (r 36(f)). Present the audit at the next annual general meeting and file a copy with the CEO promptly afterward (r 36(g)-(h)).
Internal controls , Ensure instruments authorising withdrawal are capable only of authorising direct payments to named persons (r 36(b)), and that interest earned is credited to accounts (r 36(a)). Keep separate records for each account (r 34(9)).

Enrolment, attendance and records (rr 5, 11, 12, 41A)

Attendance programs , Principal approval is required to treat performances, excursions and off-campus activities as prescribed programs for attendance purposes (r 5). Create an approval form and maintain a register of approved activities.
Registers , Keep the enrolment and attendance register for each student with all prescribed fields listed at r 11. Make attendance records daily or for each part of a school day on which instruction is provided.
Home education compliance , Before home education begins, submit the required details to the CEO: curriculum, program of work, resources, daily instruction time, number of instructional days, location and facilities, recording and assessment arrangements, and instructor identity and relationship (r 12). Maintain records demonstrating compliance with the approved program.
Non-Government student records , For registered non-Government schools, maintain the student record fields set out in r 41A for the period of attendance, including unique pupil number, last school attended, immunisation and medical information, immunisation record and educational performance.

Home and international education (rr 12-15)

International student enrolment , For an international student, document that the applicant is under 18 and has adequate accommodation, welfare and supervision arrangements for the course (r 13). Track the Ministerial Gazette notices on fees and ensure fee collection complies with the amounts published (r 14).
Standard curriculum obligations , Ensure that the school’s teaching and materials cover the prescribed standard curriculum program elements identified at r 15 as part of the standard, no-fee core program.

Non-Government registration and assessors (rr 39-42A, Schedule 2)

Registrar appointment , For appointment as a registrar of a non-Government school, verify the person is employed under an Executive Contract of Employment as described in the Public Sector Employment and Management Act 1993 (r 39).
Application fees and register entries , Pay the prescribed fees for registration and variations (r 40 and r 42), and ensure the public register of non-Government schools contains the items required by r 42A, including conditions of registration.
Assessor conduct , Ensure all assessors who exercise functions under the Act are briefed on Schedule 2 code of conduct obligations, and have procedures for declaring conflicts and maintaining confidentiality and impartiality.

Infringement notices and enforcement (Part 7, rr 43-49, Schedule 3)

Authorised persons and reasonable grounds , Confirm who within the agency or school is an authorised person under the Act. Implement training on what constitutes reasonable grounds for issuing an infringement notice (r 44).
Notice contents and service , Use a standard template that meets the content requirements in r 45(1), including the prescribed amount and enforcement agency details. Include the statement about expiation and court election options required by r 45(2).
Payment handling , For electronic payments, confirm when funds will be credited to the enforcement agency’s account, and advise recipients that payment is not effective until credited (r 46(1)). For cheque payments, ensure clearance on first presentation is confirmed (r 46(2)).
Withdrawal and record-keeping , Keep procedures for the CEO to withdraw notices within the 28 day window and before payment (r 48). Maintain accurate logs of notices issued, paid, withdrawn and contested.

Operational checklists and templates

Governance checklist , Constitution, membership roll, chair appointment form, AGM notice template (to ensure meeting by 15 March), minute book and remote participation policy.
Financial controls pack , CEO approval form for accounts, account opening checklist, signatory nomination form, payments authorisation form, asset register with funding provenance field, audit engagement letter template compliant with r 36.
Records pack , Student enrolment/attendance register template capturing r 11 fields, home education submission checklist (r 12), non-Government student record template for r 41A fields.
Infringement notice kit , Standardised notice template complying with r 45, electronic payment instructions, statement of election form, and internal guidance for authorised persons on reasonable grounds.

Monitoring and training

Provide induction and periodic training for principals, registrars, treasurers and elected school body officers on the Regulations’ key duties, CEO approval requirements, purchasing and asset ownership rules, and audit obligations.
Institute regular compliance reviews ahead of AGMs to ensure records, audit reports and financial statements are up to date and ready for presentation to the annual general meeting and submission to the CEO.

These steps, applied consistently, will ensure that school bodies, principals and administrators meet the Regulations’ prescriptive requirements. Where the Regulations require CEO or Minister approvals or actions, seek those approvals in writing and retain the approvals on file to evidence compliance.

EDUCATION REGULATIONS 2015

Plain English Summary

Deep Dive

What it does

Current sections

EDUCATION REGULATIONS 2015

Source text: opening excerpt

1 EDUCATION REGULATIONS 2015

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