School Education (Student Residential Colleges) Regulations 2017 (Western Australia)

These regulations set out the administrative framework for student residential colleges established under the School Education Act 1999 (the Act). They regulate who may apply for a residential college place, the information and fees required for applications, the priority order for allocating places at regional colleges and at the City Beach Residential College, and the form and essential terms of boarding agreements (regs 4-15). They create operational powers for the chief executive officer (CEO) to request further information, offer or refuse places, suspend students, and terminate boarding agreements, and they prescribe procedural steps for those actions (regs 9, 11, 23-26). The regulations also authorise the Minister to provide individual services to students and to recover actual costs from parents (regs 19-20), set out health and safety powers for college staff (reg 21), establish an internal disputes and complaints scheme and protections for complainants (regs 28-31), and regulate advertising and sponsorship arrangements involving colleges (regs 32-36).

Mechanically, the instrument does the following: it requires a written application with prescribed information and a non‑refundable $50 application fee (reg 6); it requires the CEO to make boarding agreement terms publicly available (reg 5); it prescribes mandatory content and signature requirements for boarding agreements, including a $300 security payable by parents (regs 14-15); it fixes standard fees for accommodation for specified years and categories of students (reg 14(7)); it authorises the CEO to suspend accommodation rights for up to 21 days and to terminate boarding agreements on particular grounds (regs 23-25), while offering a review process for termination decisions involving a Review Advisory Panel (regs 26-27); it permits the Minister to charge parents for individual services and require deposits (reg 20); and it restricts the form, duration and content of sponsorship or advertising arrangements (regs 32-36).

CrestWestern Australia

School Education Act 1999

School Education (Student Residential Colleges) Regulations 2017

Western Australia

School Education (Student Residential Colleges) Regulations 2017

Contents

Part 1 — Preliminary matters

Citation 1
Commencement 1
Terms used 1

Part 2 — Places at colleges

Division 1 — General provisions

Terms used 3
Terms of boarding agreements to be made public 3

Division 2 — Applying for places

Applying for a place 3
Objecting to an application or boarding agreement 6
Withdrawing applications 7
CEO may ask for certain information and evidence 7

Division 3 — Dealing with applications

Term used: application 8
General provisions on dealing with applications 8
Order in which places for regional colleges to be offered 9
Order in which places at City Beach Residential College to be offered 11

Division 4 — Boarding agreements

Boarding agreements 13
Boarding agreements to be signed 15
CEO may terminate boarding agreement 16
Parent may terminate boarding agreement 16
Effect of terminating boarding agreement 17

Part 3 — Individual services

Minister may provide individual services 18
Costs of individual services 19

Part 4 — Health and safety

Health and safety of students 20

Part 5 — Suspending students and terminating boarding agreements

Term used: suspend 21
Powers to suspend and terminate 21
Suspending students 22
Terminating boarding agreements 22
Review of termination 23
Review Advisory Panel 25

Part 6 — Operation and management of colleges

Division 1 — Disputes and complaints

Term used: scheme 26
Scheme to deal with disputes and complaints 26
Protection of complainants from civil liability 26
Detrimental action against complainant 27

Division 2 — Advertising and sponsorship

Term used: arrangement 28
Duration and form of arrangements 28
Contents of arrangements 28
Naming rights in arrangements 29
Arrangements that contravene Division of no effect 29

Notes

Compilation table 30

Defined terms

School Education Act 1999

School Education (Student Residential Colleges) Regulations 2017

Part 1 — Preliminary matters

1. Citation

	These regulations are the *School Education (Student Residential Colleges) Regulations 2017*.

2. Commencement

These regulations come into operation as follows —

(a) Part 1, other than regulation 3 — on the day on which these regulations are published in the Gazette;

(b) the rest of the regulations — on the day after that day.

3. Terms used

In these regulations —

accommodation, for a student at a college, means those facilities and services (not including individual services) necessary for the student, in common with the other students residing at the college, to reside at the college, including the following —

(a) a bed in a room;

(b) common areas;

(d) meals;

(e) general care and development of the student;

(f) liaison between the staff of the college and the student’s parents;

(g) liaison between the staff of the college and the secondary school where the student is enrolled;

(h) general administration;

Act means the School Education Act 1999;

boarding agreement means an agreement that complies with regulations 14 and 15;

Bob Hawke Regional Academic Scholarship means the scholarship awarded to a regional or remote student to attend the Bob Hawke College as a participant in the academic gifted and talented programme;

CEO means the chief executive officer within the meaning given by section 229 of the Act;

college means a student residential college established under section 213B of the Act;

doctor means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;

individual services, provided to a student residing at a college, means services provided under regulation 19;

parent, of a child, has the meaning given in section 4 of the Act and includes a person who has reached 18 years of age, who is not a parent of the child as defined in that section, but who is responsible for the child;

secondary school means a school that provides education for children in the 8th to 13th years of their compulsory education period;

staff, of a college, means the people employed to operate or manage the college;

student means a student enrolled at a secondary school.

[Regulation 3 amended: SL 2020/7 r. 4.]

Part 2 — Places at colleges

Division 1 — General provisions

4. Terms used

In this Part —

application means an application for a place;

place means a residential place at a college.

5. Terms of boarding agreements to be made public

The CEO must make the terms of the boarding agreement that applies to and in respect of students who reside at colleges publicly available in a manner decided by the CEO.

Division 2 — Applying for places

6. Applying for a place

(1) In this regulation —

student includes a person in respect of whom an application is made under subregulation (6).

(2) A person who wishes to make an application must —

(a) complete an application to the CEO in writing; and

(b) send it to the college concerned; and

(3) The CEO, for good reason, may waive the application fee in whole or in part.

(4) The application fee is not refundable.

(5) A person cannot apply for a place at a college for a child unless the person is a parent of the child.

(6) An application may be made for a place for a person who is not a student if the applicant reasonably expects the person will be a student if and when the person starts residing at the college.

(7) An application cannot be made for a place at a college for a student unless the applicant reasonably expects the student will be a student for the whole of the period for which the place is wanted.

(8) An application for a place at the City Beach Residential College, 22 Kalinda Drive, City Beach, cannot be made for a student unless —

(a) the student is, or will be, enrolled as specified in regulation 13(2)(a); or

(b) the student meets all of the criteria in regulation 13(4).

(9) An application must include this information —

(a) the applicant’s —

(i) full name; and

(ii) date of birth; and

(iii) contact details; and

(iv) relationship to the student if the application is made on behalf of a student;

(b) the student’s —

(i) full name; and

(ii) date of birth; and

(iii) gender; and

(iv) usual place of residence;

(d) whether the student is an Australian citizen and, if not, whether the student has a right to reside in Australia;

(e) any countries, outside Australia, of which the student is a citizen;

(f) whether the student is of Aboriginal or Torres Strait Islander descent;

(g) the immunisation status (as defined in the Public Health Act 2016 section 141A) of the student as recorded on an immunisation certificate (as defined in that section) for the student, issued not more than 2 months before the application is made;

(ga) if the student has a Medicare number, the Medicare number of the student;

(h) the name of the college at which a place for the student is wanted;

(i) the name of the secondary school at which the student is, or is reasonably expected to be, enrolled for the period during which a place at the college for the student is wanted;

(j) details of the educational programme in which the student is, or is reasonably expected to be, enrolled at the secondary school;

(k) if under Part 2 Division 1 Subdivision 1A of the Act the student, while enrolled in an educational programme at the school, will be, or is reasonably expected will be, also participating in one or more courses or be employed as an apprentice or otherwise, details of each such course and of the employment;

(l) the applicant’s consent for the CEO to seek and be given information about the student’s enrolment and educational programme at the school and about any such course or employment;

(m) the period for which a place at the college for the student is wanted;

(n) if the student was enrolled at a school in the calendar year preceding that period, the name of each such school;

(o) if an application has been made for a place at another college, the name of that college;

(p) such details of any matter, including any medical, physical or psychological condition the student has, as the CEO would reasonably need in order to —

(i) properly provide for the day to day care, welfare and development of the student while at the college; and

(ii) safeguard people residing or working at the college;

(q) details of any court order or statutory provision that applies to or affects the student;

(r) if the student or a parent of the student will be receiving a government subsidy to pay or help pay the costs and charges for residing at a college, the name and amount of the subsidy and the reasons for it;

(ra) if the student has been awarded a scholarship to pay or help pay the costs and charges for residing at a college, the name and amount of the scholarship;

(s) whether, if the application were approved, the applicant would be prepared to enter into a boarding agreement with the Minister in respect of the student.

[Regulation 6 amended: Gazette 19 Jul 2019 p. 2846; SL 2024/181 r. 4.]

7. Objecting to an application or boarding agreement

(1) If a parent of a student has made an application or entered into a boarding agreement for the student, another parent who did not make the application or who did not enter the agreement may object to the application or agreement by giving the CEO written notice of the objection and the reasons for it.

(2) If the CEO receives such a notice, the CEO —

(a) must consider the objection; and

(b) must take into account the following —

(i) any court order or statutory provision that is relevant to deciding who is responsible for the long‑term and day to day care, welfare and development of the student;

(ii) the educational needs of the student;

(iii) any other factors relevant to the care, welfare and development of the student;

and

(d) may —

(i) refuse the application for a place; or

(ii) if a boarding agreement has been entered into for the student, terminate the agreement, subject to regulation 16(3); or

(iii) dismiss the objection.

8. Withdrawing applications

An applicant may withdraw an application by giving the CEO notice in writing.

9. CEO may ask for certain information and evidence

(1) After receiving an application, the CEO may ask the applicant to give the CEO —

(a) any information required by regulation 6 that has not been provided;

(b) documentary evidence in support of any information required by regulation 6.

(2) The CEO may refuse to further deal with an application until a request made under subregulation (1) is obeyed.

Division 3 — Dealing with applications

10. Term used: application

In this Division —

application means an application made under regulation 6.

11. General provisions on dealing with applications

(1) The CEO must decide applications —

(a) for the City Beach Residential College, in accordance with regulation 13; and

(b) for any other college, in accordance with regulation 12.

(2) If the CEO decides to offer an applicant a place at a college, the offer must —

(a) be made in writing to the applicant; and

(b) include a copy of the draft boarding agreement the applicant must sign if they decide to accept the offer; and

(3) To accept an offer of a place at a college, an applicant must —

(a) sign the draft boarding agreement included with the offer and return it to the CEO; and

(b) pay the security required by the agreement.

(4) The CEO may refuse an application on any ground the CEO thinks fit including but not limited to these —

(a) on the ground there is no vacancy for the student concerned at the college to which the application relates;

(b) whether or not there is such a vacancy, on the ground that the student is not a suitable person to be accommodated at the college.

(5) If the CEO refuses an application, the CEO must advise the applicant in writing of the decision and the reasons for it.

(6) A decision by the CEO to refuse an application is not reviewable.

12. Order in which places for regional colleges to be offered

(1) In this regulation —

isolated student has the meaning given by subregulation (2);

primary criteria has the meaning given by subregulation (3);

regional college means a college other than the City Beach Residential College, 22 Kalinda Drive, City Beach;

secondary criteria has the meaning given by subregulation (4);

WA student means a student —

(a) whose usual place of residence is in the State; and

(b) who is entitled to reside permanently in Australia.

(2) In this regulation an isolated student is a WA student whose usual place of residence is at least 56 km from the nearest secondary school that is a government school, using the shortest route.

(3) For the purposes of this regulation the primary criteria for a student for whom an application for a place has been made are these —

(a) whether the student is a WA student who will be an isolated student if and while they reside at the college;

(b) whether the student is a WA student who resided at the college during the school year immediately before the school year to which the application relates;

(i) the student would be unable to attend a secondary school if they did not reside at the college; or

(ii) there would be significant practical difficulties for the student to attend a secondary school if they did not reside at the college.

(4) For the purposes of this regulation the secondary criteria for a student for whom an application for a place has been made are these —

(a) whether the student is a WA student who has a sibling —

(i) who has also applied to reside at the college in the school year to which the application for the WA student relates; and

(ii) who resided at the college during the school year immediately before the school year to which the application for the WA student relates; and

(iii) who is also a WA student;

(b) whether the student is a WA student whose usual place of residence is at least 100 km and not more than 350 km from the college, using the shortest route;

(c) whether the student is a WA student who will enter either of the final years of compulsory education in the school year to which the application relates;

(d) whether the student is a WA student who will enter the 7th year of their compulsory education period in the school year to which the application relates;

(e) whether the student is a WA student who, in the school year to which the application relates, is or will be enrolled in an educational programme, not available at any other secondary school at which they could enrol.

(5) This regulation applies to only applications for a place at a regional college.

(6) The CEO must offer applicants places for the students concerned in this order —

(a) those students who satisfy one or more of the primary criteria;

(b) those students who satisfy one or more of the secondary criteria.

(7) The CEO must not offer an applicant a place for a student who does not satisfy any of the primary or secondary criteria unless there is a vacancy at the college after offers made in respect of all students who satisfy one or more of those criteria have been accepted or have expired.

13. Order in which places at City Beach Residential College to be offered

(1) This regulation applies to only applications for a place at the City Beach Residential College, 22 Kalinda Drive, City Beach.

(2) The CEO must not offer an applicant a place at the college unless the applicant meets all of these criteria —

(a) the student is, or the CEO reasonably expects the student will be, enrolled at a school referred to in subregulation (3), in a specialist programme, as defined in the School Education Regulations 2000 regulation 3(1);

(b) the time to travel by public transport one way between the student’s usual place of residence and the college is at least 90 minutes.

(3) The CEO must offer applicants places for the students concerned in this order —

(aa) students enrolled at the Bob Hawke College who are recipients of the Bob Hawke Regional Academic Scholarship;

(a) students enrolled at the Perth Modern School;

(b) students enrolled at the John Curtin College of the Arts;

(4) Despite subregulations (2) and (3), the CEO may offer a student a place at the college if the student meets all of the following criteria —

(a) the student is of Aboriginal or Torres Strait Islander descent;

(b) the student’s usual place of residence is in the State;

(c) the time to travel by public transport one way between the student’s usual place of residence and the college is at least 90 minutes;

(d) the student is, or the CEO reasonably expects the student will be, enrolled at a secondary school that is a government school;

(e) the student has been awarded a scholarship that will fund some or all of the student’s costs and charges for residing at the college for the period during which a place at the college for the student is wanted.

[Regulation 13 amended: SL 2020/7 r. 5; SL 2024/181 r. 5.]

Division 4 — Boarding agreements

14. Boarding agreements

(1) In this regulation —

specified, when used in relation to a boarding agreement, means specified in the agreement.

(2) To be valid, a boarding agreement must comply with this regulation.

(3) A boarding agreement must be in writing and include these terms —

(a) an agreement by the Minister to provide accommodation to the specified student at the specified college for the specified period;

(b) an agreement by each of the student’s parents who signs the agreement to do the following —

(i) to pay the specified costs and charges for that accommodation, being those prescribed by subregulation (7);

(ii) to pay those costs and charges in a specified manner, being either a lump sum paid before a specified date or instalments paid before specified dates;

(iii) to reimburse the CEO any expenses incurred by the CEO in providing individual services for the student;

(iv) to pay the Minister the cost of rectifying any damage the student causes to the college or any of the property of the State or the Minister in the college;

(v) to pay $300 as a security for the performance of the obligations under the agreement of the parent and student;

(vi) if more than one parent signs the agreement, to be jointly and severally liable for the payments listed above;

(vii) to inform the CEO in writing within 14 days after any material change occurs to any of the information in the application to which the agreement relates;

(i) that the student has a licence to occupy a room and share facilities at the college for the term of the agreement;

(ii) that the licence is personal and not transferable;

(d) terms that reflect or refer to regulations 16 and 17 and 23 to 26.

(4) A boarding agreement may contain an agreement by a parent of the student to assign to the CEO —

(a) specified subsidies or other payments to which the student or a parent of the student is entitled as a result of the student residing at the college; or

(b) specified payments to which the student is entitled as a result of being awarded a scholarship to fund some or all of the student’s costs and charges for residing at the college.

(5) A boarding agreement must include the consent of a parent of the student to the staff of the college attending to and, if reasonably necessary, consulting a doctor about, any medical condition of the student that reasonably needs attention.

(6) A boarding agreement may contain any other terms or conditions agreed by the parties to it.

(7) The costs and charges for accommodation that are specified in a boarding agreement must be —

(a) for an overseas student as defined in section 97 of the Act —

(i) for the 2024 school year — $26 202; or

(ii) for a subsequent school year — $26 857;

(b) for any other student —

(i) for the 2024 school year — $15 157; or

(ii) for a subsequent school year — $15 536.

(8) If a student does not reside at a college for the whole of a school year, the CEO may reduce the costs and charges payable for the student’s accommodation on a pro rata basis.

[Regulation 14 amended: Gazette 31 Jul 2018 p. 2715; 8 Nov 2019 p. 4003; SL 2021/197 r. 4; SL 2023/67 r. 10; SL 2024/181 r. 6.]

15. Boarding agreements to be signed

(1) To be valid, a boarding agreement must be signed in accordance with this regulation.

(2) A boarding agreement must be signed by —

(a) the Minister; and

(b) at least one parent of the student.

(3) A boarding agreement must contain a signed acknowledgment by the student that they will —

(a) obey the code of conduct issued under section 213J of the Act; and

(b) obey the reasonable requests of the staff of the college made in the course of their duties.

16. CEO may terminate boarding agreement

(1) Under this regulation the CEO cannot terminate a boarding agreement on any ground on which the CEO could suspend the student or terminate the agreement under Part 5.

(2) The CEO may terminate a boarding agreement for a student if —

(a) the information in the application form is materially false or misleading; or

(b) the student does not become or ceases to be enrolled at the secondary school specified in that application form as the one at which the student would be enrolled for the period of the agreement; or

(3) To terminate a boarding agreement, the CEO must —

(a) give each parent who signed the agreement written notice requiring the parent to give the CEO, before a date specified in the notice that is at least 7 days after the date of the notice, reasons why the CEO should not terminate the agreement; and

(b) consider any reasons so given; and

(c) if the CEO terminates the agreement, give each such parent written notice of the termination and the date of termination.

17. Parent may terminate boarding agreement

The parent or parents who signed a boarding agreement may terminate it by giving the CEO at least 14 days’ written notice, signed by each of them, of the termination.

18. Effect of terminating boarding agreement

Subject to regulation 26(7) and (8), if a boarding agreement is terminated under these regulations, it ceases to have effect except to the extent it states that any of its terms and conditions survive its termination.

Part 3 — Individual services

19. Minister may provide individual services

(1) The Minister may provide an individual student residing at a college with such services as the Minister considers are appropriate to provide to the student because the Minister, as the provider of accommodation for children living away from home, has responsibilities for those children which their parents would otherwise have and may be unable to fulfil.

(2) Services which the Minister may provide an individual student under subregulation (1) include —

(a) arranging for the student to see a doctor or to receive other medical services or nursing services;

(b) purchasing or supplying medication or medical supplies;

(d) purchasing, supplying or hiring items needed by the student when attending school;

(e) tutoring or other academic support services;

(f) counselling services;

(g) facilitating the student’s attendance at sporting or cultural events, or organised activities held away from the college;

(h) facilitating the transport of the student to or from the college.

(3) The Minister must not provide services to a student under subregulation (1) without obtaining the prior consent of a parent of the student unless the Minister considers the safety, health, welfare or best interests of the student require the services to be provided without that consent.

20. Costs of individual services

(1) If the Minister provides a student with individual services, the Minister may charge and recover the actual cost of doing so.

(2) The Minister may require a parent of a student to pay the State a reasonable amount as a deposit to be applied by the Minister in payment or part‑payment of any such costs.

(3) The Minister must refund to the parent so much of any such deposit as is not so applied by the Minister.

Part 4 — Health and safety

21. Health and safety of students

(1) The staff of a college may take any action that is reasonably necessary to ensure the health and safety of students at the college.

(2) If any of the staff of a college arranges for a student at the college who is a child to be attended to by a doctor without the knowledge of a parent of the student, the CEO must inform a parent of the child of the fact as soon as practicable.

Part 5 — Suspending students and terminating boarding agreements

22. Term used: suspend

In this Part —

suspend, a student from a college, means to suspend the student’s entitlement to accommodation at the college under the boarding agreement that relates to the student.

23. Powers to suspend and terminate

(1) In this regulation, the conduct of a student includes —

(a) a failure to obey the code of conduct issued under section 213J of the Act; and

(b) a failure to obey the reasonable requests of the staff of a college made in the course of their duties.

(2) If the CEO believes the conduct or the physical or mental health of a student who is a resident of a college justifies doing so, the CEO may act under subregulation (3).

(3) Actions the CEO may take under this subregulation are —

(a) to suspend the student from the college for not more than 21 days and, if the CEO so decides, to terminate the boarding agreement for the student while the student is suspended; or

(b) to terminate the boarding agreement for the student without having suspended the student.

(4) If a student who is a resident of a college is suspended from attending the secondary school at which they are enrolled, the CEO may suspend the student from the college for a period that is not longer than the period for which they are suspended from attending the school.

(5) If the CEO makes an order under section 94 of the Act in respect of a student, or a student is otherwise excluded or expelled from attending the secondary school at which they are enrolled, the CEO may terminate the boarding agreement for the student.

24. Suspending students

(1) Before the CEO suspends a student under regulation 23, the CEO must notify the student, and the parent who signed the boarding agreement for the student or, if more than one parent signed, at least one of them, of the following —

(a) the suspension;

(b) when the suspension takes effect

(d) the reasons for the suspension.

(2) Notice given under subregulation (1) may be given orally but, if it is, must be confirmed in writing.

(3) The CEO’s decision to suspend a student is not reviewable.

(4) If under this Part the CEO suspends a student —

(a) the student is not entitled to reside at the college concerned during the suspension; and

(b) the liability under the boarding agreement to pay the costs and charges specified in the agreement continues during the suspension.

25. Terminating boarding agreements

To terminate a boarding agreement for a student under regulation 23, the CEO must give the student and each parent who signed the agreement a written notice of the following —

(a) the termination;

(b) the date on which the termination takes effect;

(d) that any person to whom the notice is given can ask the CEO for a review of the CEO’s decision.

26. Review of termination

(1) If under regulation 23 the CEO terminates a boarding agreement for a student, the student, or a parent who signed the agreement, may request a review of the CEO’s decision.

(2) A request made under subregulation (1) must —

(a) be made in writing; and

(b) be given to the CEO within 7 days after the date on which the student or parent is notified the agreement is terminated.

(3) A request made under subregulation (1) may ask for a review of any or all of the following —

(a) the merits of the CEO’s decision;

(b) whether the CEO followed fair and proper procedures when terminating the agreement.

(4) As soon as practicable after the CEO receives a request made under this regulation —

(a) the CEO must advise the Minister of the need to constitute a Review Advisory Panel under regulation 27; and

(b) having been so advised, the Minister must constitute such a panel under regulation 27; and

(i) a copy of the request and any material sent with it; and

(ii) any information or material in the possession or control of the CEO that relates to CEO’s decision to terminate the agreement;

and

(d) the panel must review the CEO’s decision and give the CEO a written report of its review that includes its recommendations as to whether the CEO should confirm, vary or cancel the decision.

(5) In reviewing the CEO’s action —

(a) the panel must give the student concerned, the student’s parents and the staff of the college concerned an opportunity to be heard; and

(b) any such person appearing before the panel cannot be represented by, but may be accompanied by, another person, unless the Minister has directed the panel otherwise; and

(c) subject to this regulation and any directions about procedure given to it by the Minister, the panel must determine its own procedure.

(6) As soon as practicable after the CEO receives the Review Advisory Panel’s report, the CEO —

(a) must consider it and review the CEO’s decision as requested; and

(b) may confirm, vary or cancel the decision; and

(7) If under subregulation (6) the CEO varies a decision to terminate a boarding agreement by varying the date of termination to a later date, the agreement is taken to have terminated on that later date and to have continued in effect until terminated on that later date.

(8) If under subregulation (6) the CEO cancels a decision to terminate a boarding agreement, the agreement is taken to have not been terminated by the decision and to have continued in effect despite the decision.

27. Review Advisory Panel

(1) This regulation applies whenever, under regulation 26, the CEO advises the Minister that a Review Advisory Panel is needed for the purposes of that regulation.

(2) The Minister, in writing, must appoint at least 3 persons to constitute the panel.

(3) The persons appointed must include the following —

(a) a nominee of the LINC committee for the relevant college constituted under section 213M of the Act;

(b) a nominee of the secondary school at which the student concerned is or was enrolled immediately before the student’s boarding agreement was terminated;

(4) The Minister, in writing, must appoint one of the appointees to chair the panel.

(5) The CEO must provide the panel with such support services as it may reasonably require.

(6) The Minister, in writing, may give the panel directions as to its procedure.

Part 6 — Operation and management of colleges

Division 1 — Disputes and complaints

28. Term used: scheme

In this Division —

scheme means a scheme established under regulation 29.

29. Scheme to deal with disputes and complaints

(1) The Minister, by an instrument published in the Gazette, may establish a scheme for dealing with disputes and complaints that arise in relation to the operation or management of colleges.

(2) The Minister must ensure the scheme —

(a) is consistent with, and requires the application of, the principles of procedural fairness; and

(b) does not purport to affect any right a person has in relation to the making of a complaint under any other law; and

(c) does not purport to prevent the CEO from dealing with a complaint or dispute by exercising the powers of an employing authority under the Public Sector Management Act 1994 Part 5; and

(d) provides for the CEO to prevent a complaint or dispute being dealt with under the scheme if dealing with it under the scheme would be likely to delay, interfere with or jeopardise an inquiry, investigation or proceeding under any other law.

30. Protection of complainants from civil liability

(1) A person is not liable to any civil proceedings in respect of —

(a) making a complaint under a scheme; or

(b) providing information in the course of, or for the purposes of —

(i) the investigation of a complaint under a scheme; or

(ii) a proceeding in respect of such a complaint.

(2) Subregulation (1) does not apply if the complaint was made, or the information was provided, in bad faith.

(3) No civil proceedings are to be brought against a person in respect of an act referred to in subregulation (1)(a) or (b) without the leave of the Supreme Court which must not be given unless the court is satisfied there is substantial ground for the contention that the person has acted in bad faith.

31. Detrimental action against complainant

(1) In this regulation —

detrimental action, against a person, means —

(a) using threats or intimidation to persuade or attempt to persuade the person not to continue with proceedings in relation to a complaint under a scheme; or

(b) refusing to employ, or dismissing, the person or subjecting the person to any detriment, because the person —

(i) has made or intends to make a complaint under a scheme; or

(ii) is taking part, or has taken part, in proceedings in relation to a complaint under a scheme.

(2) A person must not take detrimental action against another person.

Penalty for this subregulation: a fine of $2 000.

Division 2 — Advertising and sponsorship

32. Term used: arrangement

In this Division —

arrangement means a contract or arrangement for advertising or sponsorship in connection with a college under which —

(a) moneys will be paid to a college’s General Purposes Fund or to the Student Residential Colleges Fund; or

(b) money, goods, services or facilities will be provided to a member of staff of, or a student at, the college.

33. Duration and form of arrangements

(1) The Minister must not enter into an arrangement that has effect for more than 5 years.

(2) An arrangement valued at $500 or more must be in writing.

34. Contents of arrangements

An arrangement must not do any of the following —

(a) adversely affect, or be likely to adversely affect the safety, health, welfare or best interests of the students at the college;

(b) require the CEO, the department or any member of the staff of, or student at, the college to endorse, recommend or promote any goods or services;

(i) to invite students at the college to participate in an activity; or

(ii) to make the arrangement conditional upon student participation in an activity;

(d) provide for any student at the college to participate in an activity unless the student chooses to do so;

(e) restrict competition or require or lead to the exclusive supply by the advertiser or sponsor of goods or services to the college;

(f) promote, or enable the distribution of, goods or services to the department or to any member of staff of, or student at, the college if the consumption of the goods or services is likely to —

(i) conflict with the ethos and values of the college; or

(ii) otherwise adversely affect the college’s reputation;

(g) enable the distribution, to students at the college, of materials promoting or endorsing any particular denomination or sect or any political party.

35. Naming rights in arrangements

(1) An arrangement must not provide for the right to name the college.

(2) An arrangement may provide for the right to name —

(a) a facility at the college, including a building or an oval; or

(b) a college activity held at or by the college, including a concert, sporting event, carnival or competition; or

36. Arrangements that contravene Division of no effect

An arrangement that contravenes this Division has no effect.

View image in the official source

Notes

This is a compilation of the School Education (Student Residential Colleges) Regulations 2017 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.

Compilation table

Citation	Published	Commencement
School Education (Student Residential Colleges) Regulations 2017	18 Sep 2017 p. 4845‑75	Pt. 1 (other than r. 3): 18 Sep 2017 (see r. 2(a)); r. 3 and Pts. 2‑6: 19 Sep 2017 (see r. 2(b))
Education and Training Regulations Amendment (Fees and Charges) Regulations 2018 Pt. 4	31 Jul 2018 p. 2711‑15	1 Jan 2019 (see r. 2(c))
Education Regulations (Immunisation Requirements for Enrolment) Amendment Regulations 2019 Pt. 3	19 Jul 2019 p. 2844-6	22 Jul 2019 (see r. 2(b) and Gazette 19 Jul 2019 p. 2841)
School Education (Student Residential Colleges) Amendment Regulations 2019	8 Nov 2019 p. 4003	r. 1 and 2: 8 Nov 2019 (see r. 2(a)); Regulations other than r. 1 and 2: 9 Nov 2019 (see r. 2(b))
School Education (Student Residential Colleges) Amendment Regulations 2020	SL 2020/7 21 Feb 2020	r. 1 and 2: 21 Feb 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 22 Feb 2020 (see r. 2(b))
School Education (Student Residential Colleges) Amendment Regulations 2021	SL 2021/197 3 Dec 2021	r. 1 and 2: 3 Dec 2021 (see r. 2(a));<br>Regulations other than r. 1 and 2: 4 Dec 2021 (see r. 2(b))
Education Regulations Amendment (Fees and Charges) Regulations 2023 Pt. 4	SL 2023/67 16 Jun 2023	1 Jul 2023 (see r. 2(b))
School Education (Student Residential Colleges) Amendment Regulations 2024	SL 2024/181 4 Sep 2024	r. 1 and 2: 4 Sep 2024 (see r. 2(a));<br>Regulations other than r. 1 and 2: 5 Sep 2024 (see r. 2(b))

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)

accommodation 3

Act 3

application 4, 10

arrangement 32

boarding agreement 3

Bob Hawke Regional Academic Scholarship 3

CEO 3

college 3

detrimental action 31(1)

doctor 3

individual services 3

isolated student 12(1)

parent 3

place 4

primary criteria 12(1)

regional college 12(1)

scheme 28

secondary criteria 12(1)

secondary school 3

specified 14(1)

staff 3

student 3, 6(1)

suspend 22

WA student 12(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.

By Authority: GEOFF O. LAWN, Government Printer

Western Australia

School Education Act 1999

School Education (Student Residential Colleges) Regulations 2017

Western Australia

School Education (Student Residential Colleges) Regulations 2017

Contents

Part 1 — Preliminary matters

Citation 1
Commencement 1
Terms used 1

Part 2 — Places at colleges

Division 1 — General provisions

Terms used 3
Terms of boarding agreements to be made public 3

Division 2 — Applying for places

Applying for a place 3
Objecting to an application or boarding agreement 6
Withdrawing applications 7
CEO may ask for certain information and evidence 7

Division 3 — Dealing with applications

Term used: application 8
General provisions on dealing with applications 8
Order in which places for regional colleges to be offered 9
Order in which places at City Beach Residential College to be offered 11

Division 4 — Boarding agreements

Boarding agreements 13
Boarding agreements to be signed 15
CEO may terminate boarding agreement 16
Parent may terminate boarding agreement 16
Effect of terminating boarding agreement 17

Part 3 — Individual services

Minister may provide individual services 18
Costs of individual services 19

Part 4 — Health and safety

Health and safety of students 20

Part 5 — Suspending students and terminating boarding agreements

Term used: suspend 21
Powers to suspend and terminate 21

The regulations rest on a concise set of interconnected legal concepts that define eligibility, process and institutional responsibilities.

College and boarding agreement (regs 3, 14-15): A college is a student residential college established under section 213B of the Act (reg 3). A boarding agreement is the contractual instrument by which the Minister agrees to provide accommodation; to be valid it must be in writing, contain specified terms (including a parent obligation to pay prescribed costs, a $300 security and licence terms), and be signed by the Minister and at least one parent; it must also include the student’s signed acknowledgement of the college code of conduct (regs 14(2)-(3), 15(1)-(3)). The regulations prescribe what may be included in a boarding agreement (reg 14(6)) and allow assignment of subsidies or scholarship payments to the CEO (reg 14(4)).
Application and information requirements (reg 6): Applications must be written and sent to the relevant college, accompanied by a $50 non‑refundable application fee unless waived (reg 6(2)-(4)). The regulation sets a detailed list of required information, including identity, contact and residency details, immunisation status (as defined by the Public Health Act 2016), citizenship, Medicare number (if any), school enrolment and programme details, any medical or psychological conditions, court orders, scholarship or subsidy information, and consent for the CEO to seek school information (reg 6(9)). The CEO may require documentary evidence and may stop processing until it is provided (reg 9).
Allocation rules (regs 11-13): The CEO must allocate places for regional colleges in a two‑tiered order: primary criteria (isolated student, continuing resident, or inability to attend school otherwise) then secondary criteria (sibling link, distance 100-350 km, entering final compulsory years, entering Year 7, or participation in an unavailable programme) (reg 12). For City Beach Residential College, separate criteria require enrolment in a specialist programme and a one‑way public transport travel time of at least 90 minutes; priority ordering for City Beach is prescribed, putting Bob Hawke scholarship holders and specified selective school students before other government school students (reg 13).
CEO powers of suspension and termination (regs 22-26): The CEO can suspend a student’s accommodation entitlement (definition in reg 22) and may suspend for up to 21 days or terminate a boarding agreement, including where the student’s conduct or health justifies the action (reg 23). Suspension notices and termination notices have specific procedural content (regs 24-25). Suspension decisions are not reviewable (reg 24(3)); termination decisions are reviewable on merit or procedural fairness grounds via a Review Advisory Panel (reg 26).
Individual services and cost recovery (regs 19-20): The Minister may supply individual services to a student (examples listed at reg 19(2)) and may charge and recover the actual cost, and require a deposit (reg 20).
Disputes, complainant protections and sponsorship rules (regs 28-36): The Minister may establish a disputes and complaints scheme (reg 29) subject to procedural fairness and non‑interference with other legal rights. Complainants and witnesses are generally protected from civil liability unless they act in bad faith, and the Supreme Court’s leave is required before civil proceedings can be brought alleging bad faith (reg 30). Detrimental action against complainants is criminalised with a penalty (reg 31). Sponsorship/advertising arrangements are limited in duration, written form for values $500+, and content (regs 33-36); naming rights for the college are prohibited though naming of facilities, events or awards is permitted (reg 35).

These concepts structure eligibility, financial obligations, information flows between the CEO and parents/schools, discretionary executive action and constrained commercial interactions. The regulations frequently trade off discretion against procedural steps (for example, CEO may terminate but must follow notice and review procedures, regs 16, 25-27). Where the CEO is given non‑reviewable authority (refusal of an application, reg 11(6); suspension, reg 24(3)), the regulations nevertheless prescribe notice and content obligations (regs 11(2), 24(1)).

These regulations affect a defined set of actors by name and by role: students, parents, the CEO, the Minister, college staff, secondary schools, and prospective advertisers or sponsors.

Parents and prospective parents: A person may only apply for a place for a child if they are a parent as defined in s 4 of the Act (reg 6(5)). Parents who sign boarding agreements become contractually liable for specified accommodation costs and other liabilities (reg 14(3)(b)(i)-(vi)). Parents are required to consent to certain medical actions by staff as a boarding agreement term (reg 14(5)), to inform the CEO of material changes in application information (reg 14(3)(b)(vii)), and may terminate boarding agreements with 14 days’ written notice (reg 17). Parents bear direct monetary obligations: the application fee (reg 6(2)(c)), the $300 security (reg 14(3)(b)(v)), boarding costs (reg 14(7)), payments for individual services (reg 20), and potential reimbursement for damage caused by the student (reg 14(3)(b)(iv)).
Students: Students’ entitlement to accommodation is contractual (boarding agreement) and may be suspended or terminated for conduct or health reasons (regs 22-26). Students must acknowledge the college code of conduct and staff authority as part of the boarding agreement (reg 15(3)). Students may also be recipients of individual services and have medical treatment arrangements catered for (regs 19, 21). If suspended, the student continues to attract the boarding fee liability (reg 24(4)(b)) unless later adjusted by CEO action under reg 26(6)-(8).
The CEO: The CEO has a central decision‑making role: setting form and public availability of boarding agreement terms (reg 5), receiving, processing and deciding applications (regs 6-13), offering places and attaching draft boarding agreements (reg 11(2)), accepting or refusing applications (reg 11(4)-(6)), requesting further documentation (reg 9), terminating or suspending boarding agreements (regs 16, 23-25), and initiating review procedures (regs 26-27). The CEO also must provide administrative support to the Review Advisory Panel (reg 27(5)) and ensure compliance with dispute‑scheme requirements (reg 29).
The Minister: The Minister must sign boarding agreements (reg 15(2)(a)), may provide and charge for individual services (regs 19-20), may establish a disputes and complaints scheme (reg 29(1)), and must constitute Review Advisory Panels following CEO advice (reg 26(4)(a)-(b); reg 27(1)-(4)). The Minister may give directions to the Review Advisory Panel about procedure (reg 27(6)).
College staff: Staff are empowered to take action reasonably necessary for student health and safety (reg 21(1)), to arrange medical attention (reg 21(2)), and to enforce the college’s code of conduct and reasonable staff requests (reg 23(1)). Staff may be recipients of money, goods or services under an advertising/sponsorship arrangement (reg 32), but arrangements cannot require staff or students to endorse or promote goods or services (reg 34(b)).
Secondary schools and school nominators: The regulations require consent for the CEO to seek information about a student’s school enrolment and programmes (reg 6(9)(l)), and they involve the secondary school in the allocation order for City Beach (reg 13). The Review Advisory Panel must include a nominee of the secondary school at which the student was enrolled prior to termination (reg 27(3)(b)), and a nominee of the LINC committee for the relevant college (reg 27(3)(a)).
Advertisers and sponsors: Entities proposing arrangements for advertising or sponsorship must respect constraints on duration (max 5 years reg 33(1)), written form for sizable arrangements (reg 33(2)), and content limitations (reg 34). Naming rights for the college itself are forbidden, though naming of facilities or events is permitted under conditions (reg 35).

Who pays: Parents (or their sponsors/scholarships) pay application fees (reg 6(2)(c)), boarding costs set by regulation (reg 14(7)), security payment (reg 14(3)(b)(v)), costs of individual services if supplied (reg 20(1)), and costs to repair damage (reg 14(3)(b)(iv)). The Minister may recover actual costs from parents (reg 20). Students who are overseas students are charged a higher accommodation rate under reg 14(7)(a).

Who decides: The CEO sets eligibility and allocation decisions within the regulatory framework and exercises operational powers; the Minister signs agreements, can provide services, establishes schemes, and appoints Review Advisory Panel members and chair (regs 11, 15, 19, 29, 27).

This allocation of rights and costs concentrates decision authority with the CEO and Minister while shifting most direct financial burdens to parents, subject to supplements from scholarships or government subsidies where identified and possibly assignable (reg 14(4)).

The regulations impose specific duties on parents, the CEO, the Minister and college staff, and confer specific rights on students and parents. Below are the prominent duties and rights with statutory references.

Duties of parents and applicants

Provide complete and accurate information in applications (reg 6(2), (9)); inform the CEO within 14 days of material changes (reg 14(3)(b)(vii)).
Pay the non‑refundable application fee of $50 (reg 6(2)(c)); the CEO may waive it in whole or part for good reason (reg 6(3)).
Sign boarding agreements and pay the $300 security and specified accommodation costs in the manner and timing set out in the agreement; parents who sign are jointly and severally liable if more than one signs (reg 14(3)(b)(i), (v), (vi); reg 15(2)).
Reimburse the CEO for the cost of individual services provided to the student when required (reg 14(3)(b)(iii), reg 20(1)).
Give consent in the boarding agreement for staff to attend to medical conditions and consult a doctor if reasonably necessary (reg 14(5)).

Rights of parents and students

Right to receive an offer in writing that includes a draft boarding agreement and a specified offer expiry date of at least 21 days (reg 11(2)(a)-(c)); acceptance requires signing and payment of security (reg 11(3)).
Right to object if another parent applied or signed without their involvement (reg 7), and the CEO must consider such objections and take into account court orders and educational needs (reg 7(2)(b)).
Right to request review of a CEO termination of a boarding agreement (reg 26(1)), with a procedure for the Minister to constitute a Review Advisory Panel (regs 26-27). The panel must give interested parties an opportunity to be heard (reg 26(5)(a)).
Right of a parent to terminate a boarding agreement by giving at least 14 days’ written notice, signed by each parent who signed (reg 17).

Duties and powers of the CEO

Make the terms of boarding agreements publicly available (reg 5).
Accept, refuse or suspend applications and places in accordance with the specific allocation rules for regional and City Beach colleges (regs 11-13).
Require further information and documentary evidence and suspend processing until received (reg 9(1)-(2)).
Give written reasons when refusing an application (reg 11(5)), though refusal is not reviewable (reg 11(6)).
Give notices of suspension and termination, and where termination occurs follow the review process set out in regs 25-26. The CEO must allow persons whose agreements are terminated to request review within 7 days (reg 26(2)).

Duties and powers of the Minister

Sign boarding agreements (reg 15(2)(a)).
Constitute the Review Advisory Panel on CEO advice and appoint members and a chair (reg 26(4), reg 27).
Establish disputes and complaints schemes by Gazette instrument and ensure schemes comply with procedural fairness and do not interfere with other legal remedies (reg 29).

Duties of college staff

Staff may take reasonable action to ensure the health and safety of students (reg 21(1)).
Staff may arrange medical attention and must have the CEO inform parents if medical attention was provided without the parent’s knowledge as soon as practicable (reg 21(2)).

Commerciality and third‑party rights

The Minister may enter advertising and sponsorship arrangements within strict limits: maximum 5‑year duration (reg 33(1)), written form for $500+ (reg 33(2)), prohibition on content that affects safety/welfare, requires endorsement, restricts competition, distributes material incompatible with college ethos or constitutionally/legally problematic political or religious promotion (reg 34). Arrangements contravening those rules have no effect (reg 36). Naming rights for the college are expressly prohibited (reg 35(1)), while naming of facilities, activities or awards is permitted (reg 35(2)).

Enforceable prohibitions and penalties

The regulations prohibit detrimental action against a complainant under the scheme and prescribe a fine of $2,000 for contravention (reg 31(2)). Complainants who make or provide information under a scheme are protected from civil proceedings unless they acted in bad faith; the Supreme Court’s leave is required to commence such proceedings against complainants without bad faith (reg 30).

Rights and limits on review

Some CEO decisions are non‑reviewable: refusals of applications (reg 11(6)) and suspension decisions (reg 24(3)). Termination of boarding agreements is reviewable but subject to short time limits and a Review Advisory Panel procedure (reg 26).

These duties and rights allocate obligations primarily to parents for payment and accurate information, while the CEO carries wide administrative, operational and disciplinary authority subject to specified procedural safeguards and limited review avenues.

The regulations provide a limited set of explicit enforcement mechanisms and one express monetary penalty, combined with administrative sanctions (suspension and termination) and contractual remedies within boarding agreements.

Express criminal/penal enforcement

Detrimental action: It is an offence to take detrimental action against a complainant (reg 31(2)). Detrimental action is defined to include threats or intimidation to dissuade a person from proceeding with a complaint, and adverse employment or other detriment because a person has made or intends to make a complaint under the scheme or participates in proceedings in relation to a complaint (reg 31(1)). The specified penalty for contravening reg 31(2) is a fine of $2,000.

Civil protections and impediments to suits

Protection from civil liability: A person making a complaint under the scheme, or providing information for an investigation or proceeding under the scheme, is not liable to civil proceedings for that act unless the complaint or information was made or provided in bad faith (reg 30(1)-(2)). Further, civil proceedings against such a person may not be brought without leave of the Supreme Court, which must not grant leave unless satisfied there is substantial ground to contend that the person acted in bad faith (reg 30(3)). This operates as a procedural hurdle to civil litigation against complainants and witnesses.

Administrative enforcement through contract and suspension/termination

Suspension of accommodation: The CEO may suspend a student’s entitlement to accommodation for up to 21 days and may, in the CEO’s discretion, terminate the boarding agreement while the suspension is in effect (reg 23(3)(a)). Suspension is available where the CEO believes a student’s conduct or physical or mental health justifies it (reg 23(2)-(3)), and suspension has immediate effect once notice is given (reg 24). Suspension suspends the student’s right to reside at the college but the parent’s payment liability under the boarding agreement continues during suspension (reg 24(4)).
Termination of boarding agreements: The CEO may terminate a boarding agreement without prior suspension under reg 23(3)(b) for conduct or health reasons, or may terminate for specific grounds set out in reg 16 (materially false/misleading application information, failure to remain enrolled at the specified secondary school, or breach by a parent of the agreement) subject to a notice requiring parents to show cause before termination (reg 16(2)-(3)). A termination notice must include reasons and information that persons can seek a review (reg 25).

Contractual remedies and financial recovery

The boarding agreement includes parental undertakings to pay costs and charges and to reimburse the CEO for individual services and damage repairs; the Minister may charge actual costs for individual services and require a deposit (regs 14(3)(b)(i)-(v), 19-20). The CEO may retain and apply the $300 security provided by parents under the boarding agreement (reg 14(3)(b)(v)), and may reduce fees pro rata if a student does not reside for a full school year (reg 14(8)).

Procedural constraints and review

Refusal of an application is not reviewable (reg 11(6)). Suspension decisions are explicitly not reviewable (reg 24(3)). Terminations are reviewable: the student or parent may request a review within seven days, triggering the Minister to constitute a Review Advisory Panel to review merits and procedural fairness, hear parties, and give a written report with recommendations; the CEO must consider the report and then may confirm, vary or cancel the decision (regs 26-27). The Review Advisory Panel composition is statutorily prescribed to include nominees of the LINC committee and the secondary school, and a community representative, with the Minister appointing the chair (reg 27(2)-(4)).

Limits and practical enforcement features

Several enforcement avenues operate through internal administrative steps rather than external sanctions: the CEO can refuse offers, suspend or terminate accommodation, and require parents to pay costs. The only listed monetary penalty in the regulations is the $2,000 fine for detrimental action against complainants (reg 31(2)). The protection from civil suits for complainants (reg 30) may discourage retaliatory civil litigation. Where sponsors or advertisers breach the sponsorship divisions, the arrangement is of no effect (reg 36), which is a statutory invalidity remedy rather than a penal sanction.

In short, enforcement is primarily administrative and contractual, backed by a narrow statutory penal provision against detrimental action and civil‑law protections for complainants. Financial recovery against parents for fees, deposits and damage is provided by contractual obligations in boarding agreements and the CEO’s power to collect actual costs of individual services.

The regulations are framed as subordinate legislation made under the School Education Act 1999 and are cross‑referenced to other statutory regimes where necessary. The instrument interacts with other laws in specific, defined ways.

Relationship with the School Education Act 1999

The regulations implement and operationalise statutory powers in the Act. The definition of key roles and the authority to establish and operate student residential colleges derive from the Act (see reg 3 definition of “college” and cross‑references to sections such as 213B, 213J and 213M of the Act within reg 15 and reg 27). Boarding agreements are made with the Minister consistent with the Act’s statutory regime for residential colleges.

Interaction with the Public Health Act 2016

Immunisation status is a required element of the application and must be recorded on an immunisation certificate as defined by section 141A of the Public Health Act 2016, issued not more than two months before the application (reg 6(9)(g)). Thus, the application process depends on that separate statutory definition and documentary standard, tying college admission processes to public‑health statutory requirements.

Interaction with the Public Sector Management Act 1994

The disputes and complaints scheme established by the Minister must not purport to prevent the CEO from dealing with a complaint or dispute via the powers of an employing authority under Part 5 of the Public Sector Management Act 1994 (reg 29(2)(c)). The scheme also must allow for coordination where dealing under it might delay or interfere with an inquiry or proceeding under another law (reg 29(2)(d)). This creates an explicit hierarchy ensuring public‑sector personnel powers remain available and that the college scheme does not obstruct statutory investigations.

Interaction with the Health Practitioner Regulation National Law (Western Australia)

The term “doctor” is defined by reference to registration under the Health Practitioner Regulation National Law (Western Australia) in the medical profession (reg 3). The boarding agreement requires parental consent to staff consulting a doctor about medical issues (reg 14(5)), and reg 21(2) requires the CEO to inform parents when staff arrange for a doctor to attend a child without parental knowledge.

Administrative law and review

The regulations calibrate reviewability: refusals of applications and CEO suspensions are not reviewable (regs 11(6), 24(3)), while terminations are reviewable via an internal Review Advisory Panel procedure (regs 26-27). The instrument does not displace any external statutory rights of review unless expressly stated; reg 29(2)(b) requires the internal scheme to “not purport to affect any right a person has in relation to the making of a complaint under any other law,” preserving external legal remedies and highlighting that the scheme is not an exclusive path.

Contracts and commercial law

Boarding agreements are contractual and include parental undertakings to pay fees and security (regs 14-15). The regulations permit assignment of subsidies or scholarship payments to the CEO (reg 14(4)), which will intersect with underlying grant or scholarship instruments and possibly social‑security or education‑funding frameworks. Sponsorship arrangements are constrained to avoid exclusivity, endorsements, or political/religious promotion (regs 34-36), meaning commercial arrangements will need to be drafted to comply with statutory public‑sector procurement and contract rules.

Civil litigation protections and court leave

The protection against civil proceedings for complainants (reg 30) creates a judicial gatekeeping function: civil actions against persons who make complaints or give information under the scheme require Supreme Court leave, which cannot be granted unless there is substantial ground to contend bad faith (reg 30(3)). This interacts with common law torts and defamation law by imposing an additional statutory hurdle.

Local government and community obligations

The Review Advisory Panel must include a community representative for the college’s locality and a nominee of the LINC committee (reg 27(3)), tying college governance to local advisory structures established under the Act. This creates an explicit channel for local input into review processes.

Overall, the regulations are designed to operate within the broader public education and public‑sector regulatory framework. They reference and incorporate other statutory regimes (public health, practitioner regulation, public sector employment law) directly into application requirements, operational duties and dispute resolution, and they preserve external legal rights rather than attempt to oust them.

The compilation table attached to the regulations lists the statutory instruments that have amended these regulations since their initial publication. The table includes dates of publication and commencement; the text of the regulations shows embedded amendment notes at particular provisions. The following is drawn from the compilation table and the inline amendment notes in the reg text.

Original instrument: School Education (Student Residential Colleges) Regulations 2017, published 18 September 2017. Part 1 (other than regulation 3) commenced on that date; regulation 3 and Parts 2-6 commenced on 19 September 2017 (compilation table; reg 2).
2018 amendment: Education and Training Regulations Amendment (Fees and Charges) Regulations 2018, Pt. 4, published 31 July 2018, commenced 1 January 2019 (compilation table). The text shows subsequent amendments to fee or charge provisions consistent with that instrument (see reg 14 amended note).
2019 amendments: two instruments:
- Education Regulations (Immunisation Requirements for Enrolment) Amendment Regulations 2019, Pt. 3, published 19 July 2019, commenced 22 July 2019 (compilation table). This aligns with the addition of the immunisation status field in reg 6(9)(g).
- School Education (Student Residential Colleges) Amendment Regulations 2019, published 8 November 2019, mostly commenced 9 November 2019 (compilation table). Inline amendment notes indicate changes to several provisions (see amendment note after reg 14 and other references).
2020 amendment: School Education (Student Residential Colleges) Amendment Regulations 2020 (SL 2020/7), published 21 February 2020, with substantive provisions commencing 22 February 2020 (compilation table). The definition of “student” in reg 3 was amended by SL 2020/7 (see note at reg 3).
2021 amendment: School Education (Student Residential Colleges) Amendment Regulations 2021 (SL 2021/197), published 3 December 2021, substantive provisions commencing 4 December 2021 (compilation table). The amendment note shows reg 14 was affected (see reg 14 amended note).
2023 amendment: Education Regulations Amendment (Fees and Charges) Regulations 2023, Pt. 4 (SL 2023/67), published 16 June 2023, commenced 1 July 2023 (compilation table). This coincides with the adjustment of accommodation costs and indicates reg 14(7) was updated (see amendment note).
2024 amendment: School Education (Student Residential Colleges) Amendment Regulations 2024 (SL 2024/181), published 4 September 2024, with substantive parts commencing 5 September 2024 (compilation table). The inline amendment notes indicate changes at regs 6, 13, 14 and 3 (see multiple amendment annotations in the text).

What the table and inline notes show is an incremental update pattern focused on fees/charges, immunisation requirements, the definition of student, and eligibility criteria for City Beach. The text includes specific amendment annotations (for example, reg 3 annotated “Regulation 3 amended: SL 2020/7 r. 4”; reg 6 annotated “Regulation 6 amended: Gazette 19 Jul 2019 p. 2846; SL 2024/181 r. 4”; reg 13 annotated “Regulation 13 amended: SL 2020/7 r. 5; SL 2024/181 r. 5”; reg 14 annotated “Regulation 14 amended: Gazette 31 Jul 2018 p. 2715; 8 Nov 2019 p. 4003; SL 2021/197 r. 4; SL 2023/67 r. 10; SL 2024/181 r. 6”). The compilation table lists commencement dates and instruments.

The instrument’s amendment history shows iterative adjustments to operational and financial terms rather than wholesale structural reform. Fee levels and eligibility criteria have been adjusted across multiple amending instruments. The regulation text itself includes the current fee figures for accommodation (reg 14(7)) which reflect updates through these amending instruments: for example, reg 14(7) sets explicit dollar figures for the 2024 school year and subsequent years, differentiated between overseas students and other students. Where the text uses “for a subsequent school year” it indicates an indexation or scheduled update mechanism effected by past amendments rather than a formula contained in the current text.

Users needing precise amendment details should consult the individual instruments listed in the compilation table for the exact textual changes made by each amending regulation and the legislative notices in the Gazette referenced in the compilation table.

The text of these regulations, the compilation table, and the included notes do not record any cases or judicial decisions interpreting them. The instrument contains no references to litigation or reported decisions. The regulations themselves preserve external legal rights and do not purport to oust other legal remedies (reg 29(2)(b)), and they impose procedural constraints such as scope‑limited reviewability for particular decisions (reg 11(6), reg 24(3), reg 26). But there is no litigation history provided in the source document.

Practitioners seeking precedential guidance on contested issues under these regulations will therefore need to search the Western Australian and national courts and tribunals for any decisions applying or construing the relevant provisions. The regulatory text mandates internal review procedures (reg 26) and protects complainants from civil proceedings unless bad faith is alleged (reg 30), which may affect litigation strategy, but no cases are listed in the compilation or notes. For parties contemplating legal action, the instrument’s provisions on non‑reviewability of certain CEO decisions (reg 11(6), reg 24(3)) and the existence of statutorily prescribed internal review processes for terminations (regs 26-27) are material features to consider in litigation planning and in determining whether administrative or judicial review remains available under other laws.

The regulations contain several provisions that create operational traps, timing constraints, and potential financial or procedural surprises for parents, students, and administrators. Below are the principal “gotchas” to watch, with direct references.

Non‑reviewability and short timeframes

Refusal of application not reviewable: The CEO’s decision to refuse an application is not reviewable (reg 11(6)). That transfers risk to applicants at the administrative stage; there is no internal right to appeal a refusal under the regulations, so external remedies (judicial review on public law grounds) may be the only route in some circumstances, subject to principles of standing and remedies.
Suspension not reviewable, termination review window short: Suspension decisions are explicitly not reviewable (reg 24(3)). Termination is reviewable, but only if a written request is given to the CEO within 7 days after notification of termination (reg 26(2)). Parties who miss this seven‑day window may lose the statutory review route.

Strict documentary and timing requirements for applications and offers

Application content is exhaustive: The application must include immunisation certificates issued not more than two months before the application (reg 6(9)(g)), Medicare number if any (reg 6(9)(ga)), and detailed school and course information (reg 6(9)(h)-(k)). Missing documentary evidence may result in the CEO refusing to further deal with the application until compliance (reg 9(2)).
Application fee is non‑refundable: The $50 application fee is non‑refundable (reg 6(4)), though it may be waived by the CEO for good reason (reg 6(3)). Expect administrative discretion but plan as if the fee will be incurred.
Offers expire: Offers must state an expiry date at least 21 days after the date of the offer (reg 11(2)(c)). Acceptance requires signing the draft boarding agreement and paying the security required by the agreement within that period (reg 11(3)). Delays risk forfeiting an offer.

Financial exposures tied to suspension and termination

Payment liability continues during suspension: If a student is suspended, the liability under the boarding agreement to pay costs and charges continues during the suspension (reg 24(4)(b)). Parents should be aware that suspension does not relieve payment obligations.
Security and damage costs: Boarding agreements require a $300 security (reg 14(3)(b)(v)) and parent liability for the cost of rectifying student‑caused damage (reg 14(3)(b)(iv)). These are contractual exposures enforceable by the CEO.

CEO discretion and broad grounds to refuse

CEO may refuse on any ground: The CEO may refuse an application “on any ground the CEO thinks fit” including suitability and lack of vacancy (reg 11(4)(a)-(b)). The breadth of discretion is significant; while the CEO must give reasons (reg 11(5)), that decision is not reviewable under the regulations (reg 11(6)).

Eligibility traps: City Beach and regional criteria

City Beach specialist programme and travel time: Applications for the City Beach Residential College require the student to be enrolled in a specialist programme and have a one‑way public transport travel time of at least 90 minutes (reg 13(2)(a)-(b)). The CEO must not offer to students who do not meet both criteria unless special criteria under reg 13(4) are satisfied. Applicants who do not meet the program enrolment or travel‑time tests are effectively excluded unless they fall into the limited exceptions.
Regional distance calculations: An “isolated student” is defined by a 56 km shortest route to the nearest government secondary school (reg 12(2)); other distance categories include 100-350 km (reg 12(4)(b)). The measure uses shortest route calculations, which may differ from road travel time and can affect eligibility. Applicants may need to verify how distances are calculated administratively.

Medical consent and parental notification

Parental consent and exceptions: A boarding agreement must include parental consent for staff to consult a doctor as reasonably necessary (reg 14(5)). However, the Minister may provide individual services, including medical services, without parental consent if the Minister believes the safety, health, welfare or best interests of the student require it (reg 19(3)). Staff must inform parents when medical attention is arranged without their knowledge as soon as practicable (reg 21(2)). This creates a narrow exception to parental prior consent tied to urgent welfare decisions.

Sponsorship and naming constraints

Naming rights for the college prohibited: Sponsorship arrangements cannot grant naming rights for the college itself (reg 35(1)). Some organisations may assume naming rights are negotiable; this is statutorily disallowed. Arrangements must not require staff or students to endorse goods or services or restrict competition (reg 34(b), (e)).

Complainant protection and civil litigation hurdles

Civil suits against complainants constrained: Persons making complaints under the scheme are protected from civil proceedings unless the complaint was made in bad faith, and court leave is required to commence proceedings alleging bad faith (reg 30). This creates a high threshold for third parties seeking to sue complainants and can deter counter‑litigation but may complicate claims alleging malicious or defamatory complaints.

Panel representation limits

Limited representation at Review Advisory Panel: Persons appearing before the Review Advisory Panel cannot be represented by another person, although they may be accompanied, unless the Minister directs otherwise (reg 26(5)(b)). This constraint may limit legal representation during panel hearings, affecting strategy and witness support; the Minister retains a residual power to permit representation.

Arrangements of no effect

Sponsorship arrangements that contravene Division 2 have no effect (reg 36). Parties entering sponsorship agreements that do not comply with regs 33-35 risk those contracts being void and unenforceable.

Operational risks and ambiguity

“Good reason” and “suitable person” are undefined: Several powers use qualitative standards,CEO may waive application fee for “good reason” (reg 6(3)); CEO may refuse on ground the student “is not a suitable person” (reg 11(4)(b)); the Minister may provide individual services “as the Minister considers are appropriate” (reg 19(1)). These open terms create operational discretion but potential uncertainty in application.

Taken together, these provisions require rigorous administrative processes for applications, careful drafting and execution of boarding agreements, clear internal policies on suspension and termination, and proactive management of parental communications and contractual finance. Missing a filing or time limit, miscalculating travel distance, or failing to secure immunisation documentary evidence are concrete risks with immediate consequences under the regulations.

This section provides a practical compliance checklist for parents, college administrators, secondary schools and sponsors. Each step references the precise regulation(s) imposing the duty.

For parents and applicants

Verify eligibility before applying: Confirm you are a “parent” as defined by the Act before submitting an application (reg 6(5)). For City Beach applications, ensure the student is enrolled or reasonably expected to be enrolled in a specialist programme and has a one‑way public transport time ≥ 90 minutes, unless the student meets the Aboriginal/scholarship exception (reg 13(2)-(4)).
Prepare the application pack per reg 6(9): Include full names, dates of birth, contact details, relationship to student, student gender and usual residence, parent details, citizenship/residency status, other citizenships, Aboriginal/Torres Strait Islander status, immunisation certificate (issued within 2 months) (reg 6(9)(a)-(g)), Medicare number if applicable (reg 6(9)(ga)), college and school details (reg 6(9)(h)-(i)), educational programme details and any extracurricular course/employment information (reg 6(9)(j)-(k)), consent for CEO to seek school information (reg 6(9)(l)), desired period for the place (reg 6(9)(m)), previous schools (reg 6(9)(n)), other college applications (reg 6(9)(o)), medical and welfare information (reg 6(9)(p)), court orders (reg 6(9)(q)), and scholarship/subsidy details (reg 6(9)(r)-(ra)).
Pay or seek waiver of application fee: Pay the non‑refundable $50 application fee or request the CEO’s waiver on “good reason” grounds early (reg 6(2)(c), (3), (4)). Keep proof of waiver or payment.
Respond promptly to CEO requests: If the CEO requests further information or documentary evidence, provide it quickly. The CEO may refuse to further deal with the application until compliance (reg 9(1)-(2)).
Track offer timelines and accept properly: If offered a place, the offer must be in writing with a draft boarding agreement and an expiry date at least 21 days after the offer (reg 11(2)). To accept, sign the draft boarding agreement and pay the security as required (reg 11(3)). Missing the expiry can forfeit the offer.
Understand financial obligations in the boarding agreement: Expect to pay the specified accommodation costs for the applicable school year (reg 14(7)), a $300 security (reg 14(3)(b)(v)), reimbursements for individual services (reg 14(3)(b)(iii)), and cost to repair damage (reg 14(3)(b)(iv)). The agreement should specify payment timing and method (reg 14(3)(b)(ii)). For overseas students the accommodation rate is higher (reg 14(7)(a)).
Maintain up‑to‑date information and inform CEO of material changes within 14 days (reg 14(3)(b)(vii)).
Know termination and suspension rights and timelines: Parents who signed a boarding agreement can terminate it by giving at least 14 days’ written notice signed by each parent (reg 17). If the CEO terminates a boarding agreement, you have 7 days to request a written review (reg 26(2)). If terminated, the CEO must issue a written notice specifying reasons and the right to request review (reg 25).

For college administrators and the CEO

Publicly publish boarding agreement terms: Make the terms of the boarding agreement publicly available in a manner decided by the CEO (reg 5).
Process applications against the correct allocation rules: For regional colleges, apply reg 12 primary and secondary criteria in order and only offer outside criteria where vacancies remain (reg 12(3)-(7)). For City Beach, apply reg 13 criteria strictly; do not offer to students who do not meet reg 13(2) unless reg 13(4) applies.
Issue offers with required content: Offers must be in writing, include the draft boarding agreement, and specify an expiry date at least 21 days out (reg 11(2)(a)-(c)).
Maintain documentation and evidence requests: Use reg 9 to request missing documents and stop processing if not supplied. Provide written reasons for refusals (reg 11(5)), noting refusals are not reviewable under the regulations (reg 11(6)).
Use notices and show‑cause procedures before termination under reg 16: If terminating a boarding agreement under reg 16(2)(a)-(c), issue a written notice allowing at least 7 days for parents to respond explaining why termination should not occur, then consider responses before terminating and give written notice of termination and the effective date (reg 16(3)).
Apply suspension and termination powers with procedural compliance: Before suspending, notify the student and at least one parent of the suspension, its start date, duration and reasons, confirm orally given notices in writing, and be aware suspension decisions are non‑reviewable though termination decisions are reviewable within seven days (regs 24(1)-(3), 25-26).
Provide review support and constitute Review Advisory Panels when required: On receipt of a timely request for review, advise the Minister to constitute a Review Advisory Panel; provide the panel with materials and support services; ensure panel composition includes the LINC committee nominee, the secondary school nominee, and a community representative; appoint a chair in writing by the Minister (regs 26(4)-(5), 27(1)-(5)).
Keep sponsorship and advertising contracts compliant: Limit arrangements to five years, put arrangements of $500 or more in writing, avoid contract terms requiring endorsement or exclusive supply, and do not allow naming rights for the college itself (regs 33-35). Nullify any arrangements that contravene Division 2 (reg 36).
Ensure staff act within health and safety rules: Staff may take reasonable action for student health and safety (reg 21(1)). If staff arrange medical attention without parental knowledge for a child, inform the parent as soon as practicable (reg 21(2)).

For secondary schools and third parties

Respond to CEO information requests when consented to by parents: The application includes consent for the CEO to seek school enrolment and educational programme information (reg 6(9)(l)). Be prepared to provide timely verification to the CEO or to parents as appropriate.
Nominate appropriate panel members when requested: The school will be asked to nominate a representative to the Review Advisory Panel in the event of a termination review (reg 27(3)(b)). Ensure nominations are furnished promptly.

For sponsors, advertisers and commercial partners

Draft arrangements to comply with Division 2: Ensure contracts do not exceed 5 years, are written where valued at $500 or more, do not require staff or students to promote or endorse goods, do not provide exclusive supply obligations, and do not distribute materials that conflict with the college’s ethos or promote political or denominational messages (regs 33-35). Do not include naming rights for the college itself (reg 35(1)).
Use written agreements that can be publicly scrutinised: Remember that contravening arrangements are of no effect (reg 36).

Recordkeeping and governance

Maintain clear records of application forms, evidence, offers, signed boarding agreements, security payments, notices of suspension/termination, and any requests for review, because these are central to demonstrating compliance with the procedural steps required (regs 9, 11, 14-17, 23-26).
Publish boarding agreement terms and keep them accessible as required by reg 5. This supports transparency and reduces disputes over contractual terms.

By following these concrete steps and referencing the cited regulations during policy drafting and operational procedures, administrators and parents can reduce risk of non‑compliance with the statutory framework.

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