The Act fixes the compulsory school ages and makes it a duty for children to be enrolled each year of that period (s6, s9). Parents must enrol children, register home education, or notify the Minister for final‑two‑year alternatives (university, VET, apprenticeship, approved employment) under detailed notice and approval rules (s11B–11I). It gives the Minister, CEO and principals powers to enrol, suspend, exclude and review students, establishes fees/charges rules for schools (s98–106), and creates registration and funding/loan mechanisms for community kindergartens.
The School Education Act 1999 (WA) is the comprehensive Western Australian statute governing the education of children and the operation of schools. It enacts the objects of recognising every WA child's right to a school education during the compulsory education period, allowing that education to be provided at a government school, non-government school or at home, and acknowledging parental involvement as important to a child's education (section 3).
The Act divides into six principal operational parts: compulsory education and attendance obligations (Part 2), government school governance and operations (Part 3), non-government school registration and regulation (Part 4), community kindergartens (Part 5), student residential colleges (Part 6A) and central administration (Part 6).
Main concepts
Compulsory education period (section 6): The period in which a child must be enrolled and participating in education. In WA, this covers children from age 6 (or earlier if they started school) through to the end of the year in which the child turns 17. The period is defined precisely in section 6 and the regulations.
Pre-compulsory education period (section 5): The period before the compulsory education period when a child may be enrolled in early childhood education.
: A child required to be enrolled under section 9(1).
Current sections
Direct links to the current provisions in School Education Act 1999.
25
Part 1
Preliminary
Part 1 — Preliminary
Short title 2
Commencement 2
Objects of Act 2
Terms used 3
Term used: pre‑compulsory education period 6
Term used: compulsory education period 6
Notes not part of Act 7
Part 2 — Education of children during compulsory education period
Division 1 — Compulsory education with alternatives in final years of compulsory education
Subdivision 1 — Enrolment of children of compulsory school age
When enrolment compulsory 8
Ways in which s. 9 satisfied 9
11AA. Proof of enrolment to be provided 10
Exemption from s. 9(1), Minister may grant etc. 10
Subdiv 1A
Alternatives to the operation of section 9 in final years of compulsory education
Subdivision 1A — Alternatives to the operation of section 9 in final years of compulsory education
11A. Terms used 11
11B. Options other than school etc. in final 2 years 12
11C. Participation s. 11B option to be full‑time 13
11D. Arrangements under s. 11B, parent to notify Minister of etc. 14
11E. Child enrolled under s. 11B in combination of courses, application of s. 11D to 15
11F. Notice under s. 11D or 11E, duration and effect of 16
11G. Employment for s. 11B(1)(d), Minister’s approval of required etc. 16
11H. Child employed with s. 11G approval, parent to notify Minister of etc. 17
11I. Child to participate in options notified under s. 11D, 11E or 11H 19
11J. Participation by child, what constitutes 19
11K. Notice etc. by parent under s. 11D, 11G and 11H, Minister’s functions as to 21
11L. Independent child, designating child to be 22
11M. Minister’s functions as to this Subdivision 23
11N. Regulations for this Subdivision 24
Subdiv 2
Inquiries to check compliance with sections 9 and 11I
Subdivision 2 — Inquiries to check compliance with sections 9 and 11I
Authorised persons, authorisation of 25
Authorised person, powers of 25
Authorised person, certificate of authorisation for 26
Pretending to be authorised person, offence 26
Div 2
Enrolment, all schools
Division 2 — Enrolment, all schools
Information required when applying to enrol 26
Change of s. 16 particulars, principal to be notified of 27
Child enrolment application by one parent, principal may act on 28
Enrolment register, principal’s duties as to 28
Cancelling enrolment, principal’s powers as to 29
Removing child from school register, when allowed 30
Div 3
Attendance, all schools
Division 3 — Attendance, all schools
Term used: school 30
Attendance requirements 31
Attendance at place outside school, arrangement for etc. 32
When student excused from attendance 33
Doubtful reasons given for child’s non-attendance, principal may refer to Attendance Panel etc. 34
Non attendance of student may be required on public health grounds 35
Attendance records, principal’s duties as to 37
Employing child during school hours, offence 37
Div 4
Government schools, absence for special observance
Division 4 — Government schools, absence for special observance
Recognized religious or cultural period, child excused from attendance for 38
Days etc. to which s. 30 applies 39
Div 5
Absentee students and non‑participating children
Division 5 — Absentee students and non‑participating children
Subdiv 1
Preliminary
Subdivision 1 — Preliminary
Terms used 40
Subdivision 2 — Attendance officers
Attendance officers, designation of 40
Attendance officer, certificate of designation for 41
Pretending to be attendance officer, offence 41
Subdiv 3
Powers of attendance officers
Subdivision 3 — Powers of attendance officers
Powers to detain and question and to enter public places 41
Obstructing etc. attendance officer, offence 42
Subdiv 4
Dealing with non‑attendance and non‑participation and enforcing attendance and participation
Subdivision 4 — Dealing with non‑attendance and non‑participation and enforcing attendance and participation
Breach of s. 23, offence by parent and child 43
Attendance Panel, appointment and procedure of etc. 43
Persistent breach of s. 23, referral of case to Attendance Panel 45
Prosecution of s. 9 or 38 offence, commencement of if case referred to Attendance Panel 47
Prosecution of s. 9 or 38 offence, prerequisites to commencing 48
Proceedings for s. 9 or 38 offence, parent may be required to bring child to court 49
Evidentiary matters for s. 9 and 38 charges 50
Prosecution of s. 9 and 38 offences, who may conduct 51
Div 6
Home education
Division 6 — Home education
Term used: home educator 52
Registration as child’s home educator, application for 52
Registration of home educator, CEO’s functions as to 53
Home educator to inform CEO of certain matters 53
Home education moderators, appointment of 54
Evaluation of child’s educational programme and progress, when required etc. 54
CEO may notify home educator of concern and require evaluation 55
Cancelling s. 48 registration, CEO’s functions as to 56
Review of s. 53 decision 57
Part 3
Government schools
Part 3 — Government schools
Div 1
Establishment, closure etc.
Division 1 — Establishment, closure etc.
Establishing etc. school, Minister’s powers as to 59
Closing, amalgamating etc. schools, Minister’s powers as to 60
Consultation requirements before s. 56 power exercised 60
Permanent closure, procedure for 61
Permanent closure for safety or welfare reasons 62
Local‑intake schools, declaration of etc. 62
Division 2 — Functions of chief executive officer, principals and teachers
CEO’s functions 63
Principals, appointment of 63
Principal’s functions 64
Teacher’s functions 65
Assigned function etc. not to be inconsistent with industrial arrangements 66
Division 3 — Educational instruction
Terms used 66
Curriculum, determination of 66
Curriculum not to promote certain matters 67
Special religious education, provision of 67
Prayers etc., principal to consult school Council about 67
Special religious instruction etc., parent may withdraw child from 68
Conscientious objection to subject, principal may exempt child from classes on 68
Child with disability, educational programme for 69
74A. Child in early education period, educational programme for 69
Division 4 — Enrolment
Application for enrolment of child 70
Enrolment of child, principal’s duties as to 70
General residential qualification for child to be enrolled 71
Child below compulsory school age, when entitled to be enrolled 71
Child of compulsory school age, when entitled to be enrolled at local‑intake school 72
Child of compulsory school age, when entitled to be enrolled at non local-intake school 72
Enrolment of person after compulsory education period 73
Resolving question under s. 76, 77, 78 or 79 73
Inappropriate enrolment, CEO’s powers to cancel 75
Decision under s. 82 or 83 as to educational programme, CEO to consider certain matters for 76
CEO may ask advisory panel for advice for s. 82 or 83 decision 76
Child with disability, decision under s. 82 or 83 as to educational programme for 77
Disabilities Advisory Panel, appointment of etc. 78
Division 5 — Suspension and exclusion
Subdivision 1 — Preliminary
Terms used 79
Subdivision 2 — Suspension and exclusion for breach of school discipline or disruptive behaviour
Term used: breach of school discipline 80
Breach of school discipline, suspension for 80
Grounds for excluding student from school attendance 80
Procedure for excluding student from school attendance 81
School Discipline Advisory Panel, appointment of etc. 82
Excluding student etc., orders as to that CEO may make 84
Principal’s power to exclude from school attendance student enrolled after compulsory education period 84
Decision under s. 95, review of 85
96A. Subdivision 3 not limited by this Subdivision 86
Subdivision 3 — Suspension and exclusion of student charged with or convicted of sexual offence
96B. Terms used 86
96C. References to conviction 86
96D. Suspension of student 87
96E. Grounds for excluding student from school attendance 87
96F. Procedure for excluding student from school attendance 88
96G. Orders that CEO may make 90
96H. CEO must give notice of order 91
96I. CEO must consider whether to revoke or amend order in certain circumstances 91
Division 6 — Financial provisions
Subdivision 1 — Fees for instruction, charges, contributions and costs
Terms used 92
Fees for instruction and charges, limits on imposing 93
Charges etc. for materials, services and facilities, determining etc. 94
Extra cost optional component of educational programme, determining cost for etc. 96
Optional components that are not extra cost optional components to be available to certain students 97
Charges etc. to be paid to principal 97
Overseas and adult students to pay fees for instruction 97
Reduction etc. of fees etc., regulations about 97
Students (other than overseas and adult students) cannot be excluded for non‑payment of charges 98
Recovering fees etc. 98
Agreements to pay costs not affected 99
Items to be supplied by student for personal use in educational programme, determining etc. 99
Subdivision 2 — School funds
General Purposes Fund, each school has 100
Funds for donations etc., establishing 100
Management of school funds 100
Money to be credited to General Purposes Fund etc. 101
Bank account for school funds 101
Financial Management Act 2006 s. 8 and 34, application of to s. 109 to 113 102
Investment of school funds 103
Closure etc. of school, how school funds to be dealt with in case of 103
Div 7
Other management provisions
Division 7 — Other management provisions
School year for government schools, how determined 103
Disputes and complaints, regulations for dealing with 104
School premises, regulations for management etc. of 104
Non-student disrupting school etc., powers to deal with 106
Certain information not to be disseminated on school premises 107
Parent on s. 19 register, principal etc. may deal with exclusively 108
General management of schools, regulations for 109
Div 8
Parent and community involvement
Division 8 — Parent and community involvement
Subdivision 1 — School Councils
Terms used 109
Each government school to have Council for school 109
Exemptions from and approvals for s. 125 110
Council, members of etc. 110
Council, functions of 111
Additional functions of Council, Minister may approve 112
Additional functions of incorporated Council, Minister may approve 113
Property acquired by incorporated Council vests in Minister 114
Council cannot intervene in certain matters 114
Powers of Council 114
Support services for Council, principal to provide 115
Minister may direct Council 115
Procedures of Council 115
Protection from personal liability 115
Minister may dismiss unincorporated Council 115
Incorporated Council, winding up 116
Regulations about Councils 117
Subdivision 2 — Parents and Citizens’ Associations
Terms used 118
Forming association 118
Objects of and limits on associations 118
Property acquired by association vests in Minister 119
Association formed after 1 Jan 2001, incorporation of 119
Transitional provisions for association existing at 1 Jan 2001 119
Association to give certain information to principal 120
Winding up association 121
Other associations, forming etc. 121
Part 4
Non‑government schools
Part 4 — Non‑government schools
Terms used 123
Term used: chief executive officer 125
Delegation by chief executive officer 125
Minister may direct chief executive officer 125
Division 2 — Offences
Establishing or conducting an unregistered school 126
Making false representations 127
156A. Schools to be conducted in accordance with registered information 127
156B. Notice to be given to CEO about changes to governing bodies of schools 128
156C. Minister or CEO may require information about registered schools 129
Div 3A
School planning proposals require an advance determination
Division 3A — School planning proposals require an advance determination
What is a school planning proposal 129
157A. Application for advance determination 129
157B. Minister may make advance determination 130
157C. Policy direction for advance determinations 131
Notice to be given about decisions on advance determinations 132
Div 3B
Registration of non‑government schools
Division 3B — Registration of non‑government schools
Subdivision 1 — Applications and requirements
158A. When advance determination required before making application under this Division 132
Application for registration 133
159A. Application for renewal of registration 134
159B. Application for registration change 134
Standards for non‑government schools 135
Determining applications for registration and renewal of registration 137
161A. Determining applications for registration change 140
161B. Notice to be given about decisions under this Subdivision 140
Subdivision 2 — Register and certificates of registration
Register of non‑government schools to be kept 141
Certificate of registration 142
163A. Surrender of certificate of registration 142
Period of registration 143
Subdivision 3 — Notices, conditions, directions and cancellations
Continuing suitability of governing body 143
165A. Quality improvement notices 144
Conditions of registration 145
Directions to comply 146
167A. No new enrolments while a direction is outstanding 147
Cancelling registration 147
Div 3C
Review of decisions under Divisions 3A and 3B
Division 3C — Review of decisions under Divisions 3A and 3B
Review of certain decisions 149
Division 3 — Non‑government school systems
Subdivision 1 — Recognition of systems
Recognized school system, declaration of 150
Revoking s. 169 order 151
School system may accept certain schools as members of system 151
School in school system may withdraw from system 152
Subdivision 2 — System agreements
System agreement, Minister may make etc. 152
Content of system agreement 152
Termination of system agreement 154
Division 4 — Inspection of registered schools
Inspection of registered school after notice given 154
Inspection of registered school with no notice 155
Inspector under s. 176 or 177 to produce certificate of authority 156
Obstructing inspector, offence 156
Division 5 — Funding
Money appropriated for registered schools, allocation of 156
Purposes etc. for which allocations will be made, orders as to etc. 157
Contents of s. 183 orders 157
Minister may require school to account for allocated moneys 158
Division 6 — Loans for capital works
Minister’s powers to lend moneys 158
Minister may borrow moneys to make s. 186 loan 159
Operating account for s. 186 and 187 moneys 159
Treasurer’s guarantee for moneys borrowed under s. 187 160
Payments under s. 189 guarantee 160
Part 5
Community kindergartens
Part 5 — Community kindergartens
Term used: governing body 162
Division 2 — Registration of community kindergartens
Registration, general provisions as to 162
Application for registration 163
Matters to be considered by Minister 163
Grant or refusal of registration 163
Minister to notify decision within 3 months 164
Certificate of registration; register of registered kindergartens 164
Amending etc. conditions of registration 165
Who can attend registered kindergarten 165
Cancelling registration, Ministers’ functions as to 166
Decision as to registration, review of 167
Division 3 — Operation and management of community kindergartens
Minister may direct registered kindergarten as to standards 168
Governing body of kindergarten, role of 168
Teaching staff etc., appointment of 169
Teaching staff, functions of 169
Curriculum and enrolment 170
Fee for instruction and charges 170
Person disrupting kindergarten etc.; disseminating information on kindergarten premises 171
Moneys appropriated for kindergartens, allocation of 171
Minister may require kindergarten to account for allocated moneys 171
Regulations about kindergartens 172
Part 6A
Student residential colleges
Part 6A — Student residential colleges
213A. Terms used 173
Division 2 — Establishment of student residential colleges
213C. Closing or amalgamating student residential colleges 175
Division 3 — Administration of student residential colleges
Subdivision 1 — Operation and management
213D. Operation and management of student residential colleges 175
213E. Powers of Minister relating to student residential colleges 175
213F. Treasurer to consider proposals under s. 213E(2)(c) 177
213G. When money paid for advertising or sponsorship to be paid to student residential college’s General Purposes Fund 177
213H. Sections 120 and 121 have effect in respect of student residential colleges 178
Subdivision 2 — Regulations and code of conduct
213I. Regulations about student residential colleges 179
213J. Code of conduct for students 180
Subdivision 3 — Power of Minister to grant licences
213K. Licences by Minister for use of tangible property relating to student residential colleges 181
213L. When money paid under licence to be paid to a General Purposes Fund 183
Division 4 — LINC committees
213M. LINC committees 184
213N. Membership of LINC committees 184
213O. Functions of LINC committees 185
213P. Regulations about LINC committees 186
Division 5 — Financial provisions
Subdivision 1 — Fund for each student residential college
213Q. General Purposes Fund for each student residential college 186
213R. Funds for other moneys received for a student residential college 187
213S. Management of college funds 187
213T. Money to be credited to college funds 188
213U. Bank account for college funds 188
213V. Financial Management Act 2006 s. 8 and 34, application of to s. 213Q to 213U 189
213W. Investment of college funds 189
213X. Dealing with college funds on closure or amalgamation of a college 190
Subdivision 2 — Student Residential Colleges Fund
213Y. Student Residential Colleges Fund 190
213ZA. Minister’s power to borrow money 191
Part 6
Administration
Part 6 — Administration
Division 1 — The Minister
Terms used 192
“Minister for Education” is body corporate etc. 193
Property vested in Minister 193
Powers of Minister 193
Treasurer to consider proposals under s. 216(2)(c) 195
Licences by Minister for use of tangible property, other than property relating to student residential colleges 195
When money paid under licence to be paid to school’s General Purposes Fund 197
When money paid for advertising or sponsorship to be paid to school’s General Purposes Fund 198
Exempting school from Act, Minister’s powers as to 198
Decision as to individual student, review of by Minister 199
Delegation by Minister 200
Subdelegation by CEO, Minister may permit 201
Documents presumed duly executed 201
Application of Financial Management Act 2006 201
Division 2 — The department
Department to assist in administration of Act, other than in relation to non-government schools and students attending non-government schools 202
Term used: chief executive officer 202
Delegation by chief executive officer 202
Minister may direct chief executive officer 203
Chief executive officer may direct principal 203
CEO’s Instructions, issue of etc. 203
Division 3 — Staff employed in the department
Terms used 204
Categories of staff to be employed 204
Engaging etc. teaching staff, other officers and wages staff 204
Teaching staff, classes of 205
Transfer etc. of teacher to another category of employee 206
Teaching staff and other officers, substandard performance by and discipline of 206
Employee may be ordered to leave school premises 207
Division 4 — Advisory panels
Advisory panels, establishing etc. 208
Part 7
Miscellaneous
Part 7 — Miscellaneous
Disclosure of official information restricted 210
Prosecutions and s. 109 recovery action, who may commence; evidentiary matters 211
Regulations 211
Review of Act 212
Repeal, savings and transitional 213
More sections below
Source text: opening excerpt
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
School Education Act 1999
Western Australia
School Education Act 1999
Contents
Part 1 — Preliminary
Short title 2
Commencement 2
Objects of Act 2
Terms used 3
Term used: pre‑compulsory education period 6
Term used: compulsory education period 6
Notes not part of Act 7
Part 2 — Education of children during compulsory education period
Division 1 — Compulsory education with alternatives in final years of compulsory education
Subdivision 1 — Enrolment of children of compulsory school age
When enrolment compulsory 8
Ways in which s. 9 satisfied 9
11AA. Proof of enrolment to be provided 10
Exemption from s. 9(1), Minister may grant etc. 10
Subdivision 1A — Alternatives to the operation of section 9 in final years of compulsory education
11A. Terms used 11
11B. Options other than school etc. in final 2 years 12
11C. Participation s. 11B option to be full‑time 13
11D. Arrangements under s. 11B, parent to notify Minister of etc. 14
11E. Child enrolled under s. 11B in combination of courses, application of s. 11D to 15
11F. Notice under s. 11D or 11E, duration and effect of 16
11G. Employment for s. 11B(1)(d), Minister’s approval of required etc. 16
11H. Child employed with s. 11G approval, parent to notify Minister of etc. 17
11I. Child to participate in options notified under s. 11D, 11E or 11H 19
11J. Participation by child, what constitutes 19
11K. Notice etc. by parent under s. 11D, 11G and 11H, Minister’s functions as to 21
11L. Independent child, designating child to be 22
11M. Minister’s functions as to this Subdivision 23
11N. Regulations for this Subdivision 24
Subdivision 2 — Inquiries to check compliance with sections 9 and 11I
Authorised persons, authorisation of 25
Child of compulsory school age
Home educator: A parent registered to provide home education for their child in lieu of school enrolment (Division 4 of Part 2, sections 48-54).
Local-intake school (section 60): A government school designated as serving the children whose residential address falls within a defined local intake area. Children in that area are primarily entitled to enrol.
School Council: A governance body for government schools comprising the principal, staff representatives, parents and community members.
Chief Executive Officer (CEO): The head of the department responsible for the administration of government schools.
Principal: The person appointed to manage and be responsible for a government school (section 62-63).
Non-government school: A school other than a government school, including independent schools and schools operated by religious or private entities. Subject to registration and accreditation requirements in Part 4.
Recognised research purpose: Appears in reference to the School Curriculum and Standards Authority Act 1997 in Part 3.
Who it affects
Parents: Must ensure their children are enrolled and attending during the compulsory education period (section 9). Parents may choose government school, non-government school, home education or (in the final two years) alternatives such as VET and employment. Parents can be authorised persons for participation compliance investigations.
Children of compulsory school age: Must be enrolled and participating. In the final two years, alternatives to school are available (section 11B).
School principals and teachers: Have specific statutory functions including maintaining enrolment records, managing student welfare, implementing curriculum, and administering discipline (sections 62-65).
Non-government school governing bodies: Must register and maintain registration of their schools, meet accreditation requirements, comply with reporting obligations, and satisfy the CEO that the school provides an appropriate standard of education.
The CEO: Administers enrolment rules, manages disputes, registers home educators, sets curriculum guidelines, investigates compliance and has powers over non-government school registration.
The Minister: Sets policy, establishes and closes government schools, may direct the CEO, and has overall statutory responsibility.
Key obligations
Compulsory enrolment (section 9): A parent must ensure their child of compulsory school age is enrolled at a school (government or non-government) or in a home education programme registered under section 48, or in a qualifying alternative under section 11B.
Participation in alternatives (section 11C): Where a child is enrolled in a section 11B alternative instead of school in the final two years, participation must be full-time.
Home educator registration (section 48): A home educator must be registered with the CEO. Registration may be cancelled if the home education programme is not providing adequate education (section 53).
Non-government school registration (Part 4): A non-government school must be registered under Part 4 before operating. Registration requirements include minimum standards of education, appropriate governance, and compliance with reporting obligations. Existing registrations may be reviewed or cancelled.
Curriculum requirements: Government school principals must implement the curriculum framework determined by the CEO under section 67. Special religious education may be provided but parents may withdraw children (section 71).
Reporting on student suspensions and exclusions: Decisions to suspend or exclude students involve procedural requirements including notice, opportunity to respond, and review rights.
Powers and discretions
Minister's powers over government schools: The Minister may establish, close, amalgamate, rename and reclassify government schools (sections 55-56). Permanent closure requires consultation with affected parents (section 57).
CEO's enrolment and curriculum powers: The CEO may cancel enrolments in government schools where inappropriate (section 83), determine curriculum (section 67), approve home education arrangements, and resolve disputes about enrolment entitlements.
Principal's discipline powers: Principals may suspend students for breaches of school discipline or in cases of sexual offending against other students under Division 5 of Part 3.
Minister's power to designate local-intake schools (section 60): The Minister may declare a government school to be a local-intake school. Children in the local intake area then have a primary right to enrol at that school.
CEO's powers over non-government schools: The CEO may grant, suspend, refuse or cancel registration of non-government schools and may direct inspections (Part 4).
Penalties and enforcement
Compulsory enrolment offence (section 17, Part 2, Division 1): A parent who fails to enrol a child of compulsory school age commits an offence. Authorised persons may investigate compliance (sections 12-15).
Home education offence: Operating as a home educator without registration, or failing to maintain adequate home education programmes, may result in cancellation of registration and potential prosecution.
Non-government school offences: Operating an unregistered non-government school or failing to comply with registration conditions is an offence.
Authorised person powers (sections 12-15): The CEO may authorise persons to investigate compliance with compulsory education obligations. Authorised persons may require information, enter premises and inspect records. Impersonating an authorised person is an offence under section 15.
Process and timelines
Enrolment applications: Parents may apply to enrol children at government schools. The principal has obligations to enrol eligible children (section 75). Disputes about enrolment entitlements are resolved by the CEO under section 82.
Home education registration: Applications must be made to the CEO. Registration cancellations must provide a notice period of at least until 1 January the following year or not longer than 12 months from cancellation (section 53(4)). A review panel process is available within 14 days of receiving the cancellation notice (section 54(2)).
Non-government school registration: Initial registration requires assessment of whether the school meets prescribed standards. Changes to registration details must be notified. The CEO must allow the school to respond before cancelling registration.
Senior secondary alternatives: A parent (or independent child) must notify the Minister of their chosen alternative under section 11D. The Minister's formal acknowledgment is required for arrangements to have legal effect.
School closure: Permanent closure requires consultation with parents and a process including report to the Minister. Notice of permanent closure is governed by section 58.
Interactions with other law
School Curriculum and Standards Authority Act 1997 (WA): The curriculum framework and the standards for assessment and reporting are set under this Act. Section 67 of the School Education Act refers to the outline of curriculum and assessment established by the Authority.
Vocational Education and Training Act 1996 (WA): Apprentices and traineeships as alternatives to senior secondary schooling are registered under Part 7 Division 2 of the VET Act. This feeds into section 11B alternatives.
Children and Community Services Act 2004 (WA): Child welfare and protection measures interact with the School Education Act's obligations on schools and authorities to identify and report concerns about children.
Children's Court of Western Australia Act 1988: Proceedings under the School Education Act involving children may engage the jurisdiction of the Children's Court.
State Administrative Tribunal Act 2004 (WA): Review of certain decisions made under the School Education Act (including non-government school registration decisions) may be available through the State Administrative Tribunal.
Gotchas
Section 11B alternatives are not simply "working instead of school": While employment is one option for children in the final two years, it requires Ministerial approval under section 11G and ongoing notification. The child must remain in full-time participation in an approved option at all times. Simply having a job is not sufficient.
Home education is not unregulated: Home educators must register with the CEO and demonstrate that the educational programme is adequate. The CEO may inspect home education arrangements and cancel registration where the programme fails to meet the required standard. This is not a private matter outside the Act's reach.
Local-intake school priority does not guarantee enrolment: Section 78 gives children in the local intake area a primary entitlement to enrol, but this does not override the CEO's power to cancel enrolments that are inappropriate under section 83, or the ability to resolve disputes under section 82 by directing appropriate enrolments at alternative schools.
Curriculum in government schools includes special religious education: Section 69 provides for special religious education. However, section 71 allows parents to withdraw children, and section 68 prohibits curriculum from promoting particular political or religious viewpoints in an inappropriate way.
Non-government school registration is not permanent: Registration is subject to ongoing compliance. The CEO may review and cancel registration if standards fall below requirements. Schools that lose registration must cease operating immediately.
Practical examples
Example 1: Compulsory education compliance: The parents of a 15-year-old decide to withdraw their child from school and enrol them in home education. They must register as home educators under section 48 and provide an educational programme that meets the Act's requirements. They must notify the Minister and maintain registration. Failure to register is an offence.
Example 2: Senior secondary alternative - VET course: A 16-year-old whose parents want them to do a VET course instead of school in Years 11 and 12. The parent must notify the Minister under section 11D before the child participates. The child must participate full-time under section 11C. If the child later drops out of the course, the parent must notify the Minister under section 11D, and the child must either return to school or take up another qualifying option.
Example 3: Non-government school registration dispute: An independent school's governing body receives a notice that the CEO proposes to cancel its registration due to failure to meet curriculum standards. The governing body is entitled to respond to the proposed cancellation and may seek review by the State Administrative Tribunal if the cancellation proceeds.
Example 4: Enrolment dispute at local-intake school: A family moves into the intake area of a highly sought-after local-intake school. The school's principal believes the school is at capacity. The family disputes the refusal to enrol. The matter is referred to the CEO for resolution under section 82, and the CEO must consider whether the child is entitled to enrol and may direct an appropriate enrolment.
Division Div 4Government schools, absence for special observance