1960Act means the *Country High School Hostels Authority Act 1960*;

1960 Act means the *Country High School Hostels Authority Act 1960*; assets means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description, and includes money and securities, choses in action and documents; commencement day means the day on which the *School Boarding Facilities Legislation Amendment and Repeal Act 2016* section 20 comes into operation; former Authority means the Country High School Hostels Authority — (a) established under the 1960 Act section 4; and (b) as in existence immediately before commencement day; hostel has the meaning given in the 1960 Act section 3; liability means any liability, duty or obligation whether actual, contingent or prospective, liquidated or unliquidated, or whether owed alone or jointly or jointly and severally with any other person; right means any right, power, privilege or immunity whether actual, contingent or prospective. [Clause 33 inserted: No. 41 of 2016 s. 20.] 34. Hostels On commencement day, each hostel ceases to be a hostel and becomes, by force of this clause, a student residential college taken to have been established under section 213B. [Clause 34 inserted: No. 41 of 2016 s. 20.] 35. Hostel land hostel land means land the care, control and management of which was, immediately before commencement day, placed with the Authority in accordance with the 1960 Act section 11. (2) On commencement day, hostel land ceases to be under the care, control and management of the former Authority and is placed under the care, control and management of the Minister by force of this clause. [Clause 35 inserted: No. 41 of 2016 s. 20.] 36. Former Authority abolished On commencement day, the former Authority is abolished and its members go out of office. [Clause 36 inserted: No. 41 of 2016 s. 20.] 37. Staff members of former Authority staff member of the former Authority means a person who, immediately before commencement day, was an officer or servant of the former Authority appointed under the 1960 Act section 10. (2) At commencement day each staff member of the former Authority becomes a person employed in the department within the class of employees referred to in section 235(1)(c) or (d), as is relevant in accordance with any relevant industrial award or agreement applying to the staff member immediately before commencement day. (3) Except as otherwise agreed by a person mentioned in subclause (2) the operation of this clause does not — (a) affect the person’s remuneration; or (b) affect the person’s existing or accruing rights in respect of annual leave, long service leave, sick leave or any other leave; or (c) affect any rights under a superannuation scheme; or (d) interrupt the continuity of the person’s service. (4) For the purposes of subclause (3)(d), the staff member’s service with the former Authority is to be taken to have been with the department. [Clause 37 inserted: No. 41 of 2016 s. 20.] 38. Transfer of assets, liabilities, proceedings, remedies and immunities (1) On commencement day— (a) the assets and rights of the former Authority immediately before that day vest in or become, by force of this clause, the property of the Minister; and (b) the liabilities of the former Authority immediately before that day become, by force of this clause, the liabilities of the Minister. (2) From commencement day, any proceedings or remedy that, immediately before that day, might have been brought or continued by or available against or to the former Authority may be brought or continued by, and are or is available against or to, the Minister. (3) As soon as is practicable after commencement day, all papers, documents, minutes, books of account and other records (however compiled, recorded or stored) relating to the operations of the former Authority are to be delivered to the Minister. (4) As soon as is possible after commencement day, any account maintained by the former Authority must be closed by the Minister and the moneys in the account credited to the Student Residential Colleges Fund. [Clause 38 inserted: No. 41 of 2016 s. 20.] 39. Completion of things commenced Anything commenced to be done by the former Authority before commencement day may be continued by the Minister so far as the doing of that thing is within the functions of the Minister. [Clause 39 inserted: No. 41 of 2016 s. 20.] 40. Continuing effect of things done relevant act means an act, matter or thing done or omitted to be done before commencement day by, to or in respect of the former Authority. (2) To the extent that a relevant act has force or significance on or after commencement day it is to be taken, from that day, to have been done or omitted by, to or in respect of the Minister so far as the act, matter or thing is relevant to the functions of Minister. (3) This clause does not affect the operation of any other provision of this Schedule. [Clause 40 inserted: No. 41 of 2016 s. 20.] 41. Exemption from State tax State tax includes — (a) duty under the *Duties Act 2008*; and (b) any other tax, duty, fee, levy or charge under a law of the State. (2) State tax is not payable in relation to — (a) anything that occurs by operation of this Division; or (b) anything done (including a transaction entered into or an instrument or document of any kind made, executed, lodged or given) under this Division, or to give effect to this Division, or for a purpose connected with or arising out of giving effect to this Division. (3) The Minister may certify in writing that — (a) a specified thing occurred by operation of this Division; or (b) a specified thing was done under this Division, or to give effect to this Division, or for a purpose connected with or arising out of giving effect to this Division. (4) For all purposes and in all proceedings, a certificate under subclause (3) is sufficient evidence of the matters it certifies, except so far as the contrary is shown. [Clause 41 inserted: No. 41 of 2016 s. 20.] 42. Agreements, instruments and documents subsisting, in relation to an agreement, instrument or document, means subsisting immediately before commencement day. (2) A subsisting agreement, instrument or document that contains a reference to the former Authority has effect from that day as if that reference were amended to be a reference to the Minister. (3) Subclause (2) does not apply to an agreement or instrument to which the former Authority was a party. (4) A subsisting agreement or instrument to which the former Authority was a party has effect from commencement day as if — (a) the Minister were substituted for the former Authority as a party to the agreement or instrument; and (b) a reference to the former Authority in the agreement or instrument were amended to be a reference to the Minister. (5) Subclause (2) or (4)(b) does not apply to a reference if — (a) regulations made under clause 45 provide otherwise; or (b) that application would be inappropriate in the context in which the reference occurs. [Clause 42 inserted: No. 41 of 2016 s. 20.] 43. Registration of documents relevant officials means — (a) the Registrar of Titles under the *Transfer of Land Act 1893*; or (b) the Registrar of Deeds and Transfers under the *Registration of Deeds Act 1856*; or (c) the Minister administering the *Land Administration Act 1997*; or (d) any other person authorised by a written law to record and give effect to the registration of documents relating to transactions affecting any estate or interest in land or any other property. (2) The relevant officials are to take notice of the provisions of this Division and are to record and register in the appropriate manner the documents necessary to show the effect of this Division. [Clause 43 inserted: No. 41 of 2016 s. 20.] 44. Saving (1) The operation of any provision of this Division is not to be regarded — (a) as a breach of contract or confidence or otherwise as a civil wrong; or (b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities or the disclosure of information; or (c) as giving rise to any remedy by a party to an instrument or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability; or (d) as causing any contract or instrument to be void or otherwise unenforceable; or (e) as releasing or allowing the release of any surety. (2) This Division is additional to any relevant provisions of the *Interpretation Act 1984*. [Clause 44 inserted: No. 41 of 2016 s. 20.] 45. Transitional regulations specified means specified or described in the regulations; transitional matter — (a) means a matter or issue of a transitional nature that arises as a result of the transition from the 1960 Act to this Act; and (b) includes a saving or application matter. (2) If there is no sufficient provision in this Division for dealing with a transitional matter, regulations under this Act may be made prescribing all matters that are required or necessary or convenient to be prescribed for dealing with the matter. (3) Regulations made under subclause (2) may provide that specified provisions of any written law — (a) do not apply to or in relation to any matter; or (b) apply with specified modifications to or in relation to any matter. (4) If regulations made under subclause (2) provide that a specified state of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the *Gazette* but not earlier than commencement day, the regulations have effect according to their terms. (5) If regulations made under subclause (2) contain a provision referred to in subclause (4), the provision does not operate so as — (a) to affect in a manner prejudicial to any person (other than the State or an authority of the State) the rights of that person existing before the regulations were published in the *Gazette*; or (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the regulations were published in the *Gazette*. (6) Regulations made under subclause (2) in relation to a matter referred to in subclause (3) must be made within such period as is reasonable and practically necessary to deal with a transitional matter. [Clause 45 inserted: No. 41 of 2016 s. 20.] [Schedule 2 omitted under the Reprints Act 1984 s. 7(4)(e).] ![dline]() Notes This is a compilation of the *School Education Act 1999* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table. Compilation table | **Short title** | | | **Number and year** | | | **Assent** | | | **Commencement** | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | *School Education Act 1999* | | | 36 of 1999 | | | 2 Nov 1999 | | | s. 1 and 2: 2 Nov 1999; Act other than s. 1, 2, 182(3) and 208: 1 Jan 2001 (see s. 2 and *Gazette* 29 Dec 2000 p. 7904) | | | *State Superannuation (Transitional and Consequential Provisions) Act 2000* s. 62 | | | 43 of 2000 | | | 2 Nov 2000 | | | 17 Feb 2001 (see s. 2(2) and *Gazette* 16 Feb 2001 p. 903) | | | *Labour Relations Reform Act 2002* s. 27 | | | 20 of 2002 | | | 8 Jul 2002 | | | 15 Sep 2002 (see s. 2 and *Gazette* 6 Sep 2002 p. 4487) | | | *Sentencing Legislation Amendment and Repeal Act 2003* s. 94 | | | 50 of 2003 | | | 9 Jul 2003 | | | 15May 2004 (see s. 2 and *Gazette* 14 May 2004 p. 1445) | | | *Labour Relations Reform (Consequential Amendments) Regulations 2003* r. 21 published in *Gazette* 15 Aug 2003 p. 3685‑92 | | | | | | | | | 15 Sep 2003 (see r. 2) | | | *Statutes (Repeals and Minor Amendments) Act 2003* s. 107 | | | 74 of 2003 | | | 15 Dec 2003 | | | 15 Dec 2003 (see s. 2) | | | **Reprint 1: The *School Education Act 1999* as at 3 Sep 2004** (includes amendments listed above) | | | | | | | | | | | | *Children and Community Services Act 2004* Sch. 2 cl. 24 | | | 34 of 2004 | | | 20 Oct 2004 | | | 1 Mar 2006 (see s. 2 and *Gazette* 14 Feb 2006 p. 695) | | | *Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004* s. 80 | | | 84 of 2004 | | | 16 Dec 2004 | | | 2 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7129 (correction in *Gazette* 7 Jan 2005 p. 53)) | | | *Acts Amendment (Higher School Leaving Age and Related Provisions) Act 2005* Pt. 2 3, 4 | | | 22 of 2005 | | | 18 Nov 2005 | | | Pt. 2 Div. 1 and 2: 18 Nov 2005 (see s. 2(1)); Pt. 2 Div. 4: 1 Jan 2006 (see s. 2(3)); Pt. 2 Div. 3: 1 Jan 2008 (see s. 2(2)) | | | *Financial Legislation Amendment and Repeal Act 2006* s. 4, 5(1), 6 and Sch. 1 cl. 154 5 | | | 77 of 2006 | | | 21 Dec 2006 | | | 1 Feb 2007 (see s. 2(1) and *Gazette* 19 Jan 2007 p. 137) | | | **Reprint 2: The *School Education Act 1999* as at 16 Mar 2007** (includes amendments listed above except those in the *Acts Amendment (Higher School Leaving Age and Related Provisions) Act 2005* Pt. 2 Div. 3) | | | | | | | | | | | | *Training Legislation Amendment and Repeal Act 2008* s. 61 | | | 44 of 2008 | | | 10 Dec 2008 | | | 10 Jun 2009 (see s. 2(2)) | | | *Public Sector Reform Act 2010* s. 89 and 110 | | | 39 of 2010 | | | 1 Oct 2010 | | | s. 89: 1 Dec 2010 (see s. 2(b) and *Gazette* 5 Nov 2010 p. 5563); s. 110: 28 Mar 2011 (see s. 2(b) and *Gazette* 5 Nov 2010 p. 5563) | | | *Health, Safety and Civil Liability (Children in Schools and Child Care Services) Act 2011* Pt. 3 | | | 1 of 2011 | | | 1 Mar 2011 | | | 1 Jan 2013 (see s. 2(b) and *Gazette* 14 Dec 2012 p. 6195) | | | *Curriculum Council Amendment Act 2011* Pt. 3 Div. 4 | | | 37 of 2011 | | | 13 Sep 2011 | | | 1 Mar 2012 (see s. 2(b) and *Gazette* 28 Feb 2012 p. 841) | | | *Education and Care Services National Law (WA) Act 2012* Pt. 4 Div. 7 | | | 11 of 2012 | | | 20 Jun 2012 | | | 1 Aug 2012 (see s. 2(c) and *Gazette* 25 Jul 2012 p. 3411) | | | *School Education Amendment Act 2012* Pt. 2 | | | 46 of 2012 | | | 29 Nov 2012 | | | s. 3 and 5: 29 Nov 2012 (see s. 2(a)); Pt. 2 other than s. 3 and 5: 1 Jan 2013 (see s. 2(b)) | | | **Reprint 3: The *School Education Act 1999* as at 15 Mar 2013** (includes amendments listed above) | | | | | | | | | | | | *School Education Amendment Act 2014* Pt. 2 (s. 3-35) | | | 28 of 2014 | | | 27 Nov 2014 | | | s. 29: 27 Nov 2014 (see s. 2(b)(i)); Pt. 2 Div. 1 and 3 (other than s. 29): 17 Dec 2014 (see s. 2(c) and *Gazette* 16 Dec 2014 p. 4759); Pt. 2 Div. 2: 2 Feb 2015 (see s. 2(c) and *Gazette* 16 Jan 2015 p. 311) | | | *Children and Community Services Legislation Amendment and Repeal Act 2015* Pt. 2 Div. 3 Subdiv. 2 | | | 23 of 2015 | | | 17 Sep 2015 | | | 1 Jan 2016 (see s. 2(b) and *Gazette* 15 Dec 2015 p. 5027) | | | *Associations Incorporation Act 2015* s. 228 | | | 30 of 2015 | | | 2 Nov 2015 | | | 1 Jul 2016 (see s. 2(b) and *Gazette* 24 Jun 2016 p. 2291-2) | | | **Reprint 4: The *School Education Act 1999* as at 19 Feb 2016** (includes amendments listed above except the *Associations Incorporation Act 2015*) | | | | | | | | | | | | *Public Health (Consequential Provisions) Act 2016* Pt. 3 Div. 25 | | | 19 of 2016 | | | 25 Jul 2016 | | | 24 Jan 2017 (see s. 2(1)(c) and *Gazette* 10 Jan 2017 p. 165) | | | *School Boarding Facilities Legislation Amendment and Repeal Act 2016* Pt. 3 | | | 41 of 2016 | | | 28 Nov 2016 | | | 1 Jul 2017 (see s. 2(b) and *Gazette* 23 Jun 2017 p. 3173) | | | *Public Health Amendment (Immunisation Requirements for Enrolment) Act 2019* Pt. 3 | | | 14 of 2019 | | | 5 Jul 2019 | | | s. 13: 5 Jul 2019 (see s. 2(a)); s. 14‑22: 22 Jul 2019 (see s. 2(b) and *Gazette* 19 Jul 2019 p. 2841) | | | | *School Education Amendment Act 2024* | | | 13 of 2024 | | | 22 Apr 2024 | | | s. 1 and 2: 22 Apr 2024 (see s. 2(a)); Act other than s. 1 and 2: 1 Jul 2024 (see s. 2(b) and SL 2024/111 cl. 2) | | | Uncommenced provisions table To view the text of the uncommenced provisions see *Acts as passed* on the WA Legislation website. | **Short title** | **Number and year** | **Assent** | **Commencement** | | --- | --- | --- | --- | | *School Education Act 1999* s. 182(3) and 208 | 36 of 1999 | 2 Nov 1999 | To be proclaimed (see s. 2) | | *Education and Care Services National Law Application Act 2026* Pt. 6 Div. 7 | 2 of 2026 | 31 Mar 2026 | To be proclaimed (see s. 2(1)(d)) | Other notes 1 The provisions in this Act amending the other Acts have been omitted under the *Reprints Act 1984* s. 7(4)(e). 2 Repealed by the *Children and Community Services Act 2004*. 3 The *Acts Amendment (Higher School Leaving Age and Related Provisions) Act 2005* s. 4(2) reads as follows: (2) When the meaning of “compulsory education period” changes by operation of section 6(b) of the *School Education Act 1999* (inserted by subsection (1)), the change extends to the compulsory education period for a child which, but for the change, would have ended on 31 December 2005. 4 The *Acts Amendment (Higher School Leaving Age and Related Provisions) Act 2005* s. 21 is a transitional provision of no further effect. 5 The *Financial Legislation Amendment and Repeal Act 2006* (now known as the *Financial Management (Transitional Provisions) Act* 2006) Sch. 2 deals with certain transitional issues some of which may be relevant for this Act. Defined terms *[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]* **Defined term Provision(s)** 1960 Act Sch. 1 cl. 33 absentee student 32 acquire 216(6) adult student 97 advance determination 150 advance determination under the former provisions Sch. 1 cl. 30(1) agreement 213I(2) application for imminent renewal of registration Sch. 1 cl. 29(1) apprentice 4 assets Sch. 1 cl. 33 association 141 attendance officer 32 Attendance Panel 32 authorised person 12, 43(3), 120(5) bank 113(5), 213U(5) breach of school discipline 89 business arrangement 216(6) capital works 186(4) CEO’s Instructions 233(1) certificate of registration 150 chief executive officer 4 Chief Health Officer 27(1A) child 4, 75(3) child of compulsory school age 4, 29(1a) code of conduct 213A college fund 213A commencement Sch. 1 cl. 1 and 24 commencement Sch. 1 cl. 26 commencement day 11L(7), Sch. 1 cl. 33 Community Kindergarten Registration Advisory Panel 201(7) complainant 96B compulsory education period 4 condition 150 contribution 97 conviction 96C Council 4 course 11A(1) department 4 direction 150 disability 4 dispose of 216(6) early education period 4 educational programme 4 extra cost optional component 97 final years of compulsory education 4 first charges payment year 97 former Authority Sch. 1 cl. 33 former provisions Sch. 1 cl. 26 General Purposes Fund 4, 213A general religious education 66 governing body 150, 191 governing body of the system 169(2) government school 4 Home Education Advisory Panel 54(7) home education moderator 50(1) home educator 46 hostel Sch. 1 cl. 33 hostel land Sch. 1 cl. 35(1) immunisation status 16(1A) incorporated association 124, 141 intake area 4 joint arrangement 213A joint arrangement 213 joint use property 213A, 213 liability Sch. 1 cl. 33 LINC committee 213A, 213M(1) local-intake school 4 non-government school 4 Non-government School Registration Advisory Panel 168(7) non-system school 150 office 225(4) officer 225(4), 230(5) operating account 188(3) other officers 234 overseas student 97 Panel 39(1), 87(1), 93(1) parent 4, 11A(1), 24(5) participate 11A(1), 216(6) pending application Sch. 1 cl. 28(1) person 74(2) pre-compulsory education period 4 principal 4 property 213A, 213 provider 11A(1) and (2), 32 PSMA 234 quality improvement notice 150 register 150 registered school 150 registration change 150 regulations 4 relevant act Sch. 1 cl. 40(1) relevant officials Sch. 1 cl. 43(1) repealed Act Sch. 1 cl. 1 responsible person 25(1) right Sch. 1 cl. 33 school 4, 22, 30(6), 124, 154(2) school fund 4 school planning proposal 150, 156 school premises 119(1) school system 150 school year 4 sexual offence 96B significant registration change 150, 156 special religious education 66 specified Sch. 1 cl. 32(5) specified Sch. 1 cl. 45(1) staff member of the former Authority Sch. 1 cl. 37(1) State tax Sch. 1 cl. 41(1) student 4, 121(4) student record 150 student residential college 4 student residential college 213A Student Residential Colleges Fund 213A subsisting Sch. 1 cl. 42(1) system agreement 150 system school 150 teacher 4 teaching staff 4, 234 transitional matter Sch. 1 cl. 32(2) and 45(1) This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2026. By Authority: ANDREW JONES, Government Printer