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
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.
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