Draft Tasmanian Education Bill 2016
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Transcript of Draft Tasmanian Education Bill 2016
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TASMANIA
__________
EDUCATION BILL 2016
__________
CONTENTS
PART 1 – PRELIMINARY
1. Short title
2. Commencement
3. Objects of Act
4. Principles which are basis of Act
5. Interpretation
6. Ministerial instructions7. Secretary’s instructions
PART 2 – PRE-COMPULSORY EDUCATION
8. Pre-compulsory education
PART 3 – COMPULSORY EDUCATION AND TRAINING
Division 1 – Objects of Part
9. Objects of Part
Division 2 – School-aged chi ldr en
Subdivision 1 – En rolment at school
10. Requirement to enrol school-aged child at school or provide
home education
11. Applying for enrolment at school
12. Exemption from enrolment at school
13. Certificate of exemption
Drafted in the Office of
Parliamentary Counsel
10 March 2016
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Subdivision 2 – Attendance of school-aged chi ldren at school
14. Attendance at school of school-aged child
15. Part-time attendance of school-aged child
16. Exemption from attendance of school-aged child without
application
17. School-aged child excused from daily attendance at school
Subdivision 3 – Providing learn ing programs or notices of home education
dur ing last year as school-aged chi ld
18. Providing learning program or notifying of home education
Division 3 – Youths
Subdivision 1 – Participation in approved learning programs or home
education
19. Participation in approved learning program or home education
20. Exemption from participation in approved learning program
21. Certificate of exemption
22. Approval of learning program
23. Completion of approved learning program
Subdivision 2 – En rolment at school under approved learn ing program
24. Enrolment at school under approved learning program
Subdivision 3 – Attendance of youths at approved learn ing programs
25. Attendance at approved learning program
26. Part-time attendance at approved learning program
27. Exemption from attendance at approved learning program
without application
28. Youth excused from daily attendance at approved learning
program
Division 4 – Other matters relating to enrolment and attendance at school or
approved learn ing program
29. Withdrawal of school-aged child from school enrolment
30. Notification of change of circumstances under approved learning
program
31. Use of information about approved learning program
32. Objection to participation in school activities
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Division 5 – Managing unauthori sed absences
Subdivision 1 – Investigating unauthorised absences
33. Investigation of unauthorised absence
Subdivision 2 – Compulsory conci l iati on conferences
34. Ministerial instructions relating to student absence
35. Referral of absenteeism to Compulsory Schooling Registrar
36. Process for convening compulsory conciliation conference
37. Conduct of compulsory conciliation conference
38. Recommendations of compulsory conciliation conference39. Before concluding compulsory conciliation conference
40. Procedure by mediator after compulsory conciliation conference
Subdivision 3 – Procedure of Compulsory Schooling Registrar after
compulsory concil iation conference
41. Action by Compulsory Schooling Registrar on report of
mediator
42. Compliance with requirement of Compulsory Schooling
Registrar
Subdivision 4 – Actions if no compli ance with requirement of Compulsory
Schooling Registrar
43. Report of non-compliance with Compulsory Schooling
Registrar’s requirement
Subdivision 5 – Actions by Pri ncipal Of fi cer, Non-attendance on referral of
student absence by Compulsory School ing Registrar
44. Assessing and determining referral of compulsory conciliation
conference’s recommendations, &c.
Subdivision 6 – Compulsory Schooling Orders
45. What is a Compulsory Schooling Order?
46. Compliance with Compulsory Schooling Order
47. Application for review of Compulsory Schooling Order
48. Constituting Review Panel to determine application for review
of Compulsory Schooling Order
49. Review of Compulsory Schooling Order
50. Effect of application for review of Compulsory Schooling Order
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Subdivision 7 – M iscel laneous
51. Re-convening compulsory conciliation conference
52. Confidentiality by mediator
Division 6 – El iminating or ameliorating risks to health and safety of persons
at school
53. Requiring information about child
54. Obligation to provide information about child
55. Requiring medical assessment
56. Provision of information obtained under this Division
57. Strategies to eliminate or ameliorate risks to health and safety of
persons at school
58. Ministerial instructions
Division 7 – Home education
Subdivision 1 – Registration as home educator
59. Application for registration as home educator
60. Determination of application for registration as home educator
61. Registration as home educator subject to conditions
62. Certificate of registration as home educator
63. Authority of registration as home educator
64. Continuing assessment of registration of home educator
65. Revocation of registration as home educator
66. Review of determination relating to registration as home
educator
Subdivision 2 – Approved home education programs
67. Application for approval of proposed home education program68. Determination of application for approval of proposed home
education program
69. Approved home education program subject to conditions
70. Application to amend approved home education program
71. Determination of application to amend approved home education
program
72. Continuing assessment of approved home education program
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73. Amendment of approved home education program by Registrar,
Home Education
Subdivision 3 – Rights and duties of home educators, chi ldr en and schools
74. Enrolment at school for part-time attendance by home educated
child
75. Part-time attendance at school by home educated child
76. Objection to participation in school activities
77. Notification of absence or failure to complete courses
78. Parent to enrol child in school, &c., on revocation or expiry of
registration as home educator79. Providing learning program or notifying of home education
Division 8 – Proceedings for off ences against Part
80. Prosecution for offence against this Part
81. Evidence and presumption
Division 9 – M iscel laneous
82. Particulars of child
83. Guidelines relating to enrolment for part-time schooling
PART 4 – EDUCATION AND TRAINING AFTER SECONDARY
EDUCATION
84. Approval to complete secondary education at State school
85. Attending State school after compulsory education
86. Entitlement to attend TasTAFE
87. Determining what is equivalent of 2 years of full-time study
PART 5 – STATE EDUCATION
Division 1 – Schools
88. State schools
89. Enrolment within intake area
90. Enrolment from outside intake area
91. Enrolment at certain cases
92. Special education
93. Dress code
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94. Distance education
95. Administrative and financial matters
Division 2 – Principals
96. Qualifications of principal
97. Functions of principal
98. Powers of principal generally
Division 3 – School associati ons
99. School association
100. Functions and powers of school association101. Administration of school association
102. Inspection and audit of accounts of school association
103. Annual report of school association
104. Immunity from liability of school association member
Division 4 – Educational instruction
105. Curriculum, assessment and reporting
106. Religious instruction
107. Review relating to education in State schools
Division 5 – Discipline
108. Secretary’s instructions on unacceptable behaviour at State
school
109. Unacceptable behaviour at State school
110. Immediate suspension of State school student
111. Non-urgent suspension or detention of State school student
112. Exclusion and expulsion of State school student
113. Educational instruction while suspended, excluded, expelled or
prohibited from attending State school
114. Review of exclusion, expulsion or prohibition from attending
State school
115. Removal of adult for unacceptable behaviour at State school
Division 6 – M iscel laneous provisions
116. Transfer of State school student
117. Fees, levies and charges relating to attendance at State school
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118. Policy relating to imposing levies and charges relating to
attendance at State school
119. Hire of State school facilities and equipment
120. Educational services
121. Property and equipment
PART 6 – REGISTERED NON-GOVERNMENT SCHOOLS
Division 1 – Non-government school to be registered
122. How non-government school may be registered
123. Offence for non-government school not to be registeredDivision 2 – Systems of non-government schools
Subdivision 1 – Formation of systems of non-government schools
124. Non-government schools may form system
125. Approved authority for system of non-government schools
Subdivision 2 – Registration of systems of non-government schools
126. Application for registration of system of non-government
schools
127. Report of Registrar, Non-government Schools
128. Determining application for registration of system of non-
government schools
129. Registration of system of non-government schools subject to
conditions
130. Term of registration
131. Certificate of registration of system of non-government schools
132. Suspension of registration of system of non-government schools
133. Cancellation of registration of system of non-governmentschools
134. Withdrawal from registration of system of non-government
schools
135. Effect of suspension or cancellation of registration of registered
system school on registered system of non-government schools
Subdivision 3 – Registered system school s
136. Qualification to become member of system of non-government
schools
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137. When registration of individual non-government school changes
to registration as registered system school
138. Registration as registered system school subject to conditions
139. Suspension of registered system school
140. Cancellation of registration of registered system school
141. Withdrawal of school from system of non-government schools
Division 3 – Registration of individual non-government schools
Subdivision 1 – Registration of new non-government schools
142. Application for registration of new individual non-government
school
143. Report of Registrar, Non-government Schools for registration of
new individual non-government school
144. Providing application for registration of new individual non-
government school to Minister
145. Determining application for registration of new individual non-
government school
Subdivision 2 – Registration of transition ing non-government schools
146. Application for registration of transitioning non-governmentschool
147. Report of Registrar, Non-government Schools for registration of
transitioning non-government school
148. Determining application for registration of transitioning non-
government school
Subdivision 3 – Renewal of registration of registered individual school
149. Application for renewal of registration of registered individual
school
150. Report of Registrar, Non-government Schools for renewal ofregistration of registered individual school
151. Determining application for renewal of registration of registered
individual school
Subdivision 4 – General provisions relating to registration of non-
government schools
152. Type of registration
153. Registration as individual non-government school subject to
conditions
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154. Term of registration of individual non-government school
155. Certificate of registration of individual non-government school
156. Suspension of registration of individual non-government school
157. Cancellation of registration of individual non-government school
Division 4 – Registration guidel ines
158. Registration guidelines
Division 5 – Registration reviews
159. Purpose of registration review
160. Request for registration review161. Carrying out registration review
162. Report on registration review
Division 6 – Monitor ing compliance with th is Part and with registration
Subdivision 1 – Monitoring compliance with requirement for non-
government schools to be registered
163. Power to inspect premises, &c., to prevent operation of
unregistered non-government school
Subdivision 2 – Registration inspections
164. Request for registration inspection
165. Carrying out registration inspection
166. Report on registration inspection
167. Fee for registration inspection
Subdivision 3 – Powers of registration offi cers
168. Powers of registration officer in relation to unregistered premises
169. Powers of registration officer in relation to registered premises
170. Warrant to seize document, &c.
171. Warrant to enter residence
172. Requirement to provide information, document or thing
173. Possession of document by Registrar, Non-government Schools
174. Using assistant
175. Obstruction, &c., of registration officer
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Division 7 – Reviews of determinati ons
176. Review of determination
Division 8 – Principals
177. Qualifications of principal
178. Functions of principal
179. Powers of principal generally
180. Removal of adult for unacceptable behaviour
Division 9 – Grants
181. Purpose of this Division182. Grant
183. Amount of grant
184. Grant paid to other person
185. Grant subject to conditions
186. Use of grant
187. Refund of grant
188. Additional grant
189. Certificate certifying use of grant or additional grant
190. Access to school records
Division 10 – Subsidies
191. Purpose of this Division
192. Initial grant of subsidy
193. Amount of subsidy
194. Subsidy paid to other person
195. Subsidy subject to conditions196. Term of subsidy
197. Renewal of subsidy
198. Change of purpose
199. Certifying use of subsidy
200. Access to school records
Division 11 – Non-government Schools Register
201. Non-government Schools Register
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PART 7 – OFFICE HOLDERS, STATUTORY BODIES AND
MEDIATORS
Division 1 – Pri ncipal Of fi cer , Non-attendance
202. Appointment of Principal Officer, Non-attendance
203. Functions of Principal Officer, Non-attendance
204. Powers of Principal Officer, Non-attendance
Division 2 – Compulsory Schooli ng Registrar
205. Appointment of Compulsory Schooling Registrar
206. Functions of Compulsory Schooling Registrar
207. Powers of Compulsory Schooling Registrar
208. Annual report by Compulsory Schooling Registrar
209. Delegation by Compulsory Schooling Registrar
Division 3 – Registrar, Non-government Schools
210. Functions of Registrar, Non-government Schools
211. Powers of Registrar, Non-government Schools
212. Delegation by Registrar, Non-government Schools
Division 4 – Registrar , Home Education
213. Functions of Registrar, Home Education
214. Powers of Registrar, Home Education
215. Register of home educators and approved home education
programs
216. Guidelines issued by Registrar, Home Education
217. Annual report by Registrar, Home Education
218. Delegation by Registrar, Home Education
Division 5 – Registration off icers
219. Appointment of registration officers
Division 6 – Non-government Schools Registration Board
220. Non-government Schools Registration Board
221. Functions of Registration Board
222. Powers of Registration Board
223. Financial records of Registration Board
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224. Annual report by Registration Board
Division 7 – Review Panel
Subdivision 1 – Establishment of Review Panel
225. Establishment of Review Panel
226. Functions of Review Panel
227. Powers of Review Panel
Subdivision 2 – Members of Review Panel
228. Expressions of interest to be members of Review Panel
229. Register of persons who may constitute Review Panel230. Withdrawal by person from inclusion on register maintained
under section 229
231. Removal of person from register maintained under section 229
Division 8 – Tasmanian Home Education Advisory Council
232. Establishment of Tasmanian Home Education Advisory Council
233. Functions of Tasmanian Home Education Advisory Council
234. Powers of Tasmanian Home Education Advisory Council
Division 9 – Employees generally
235. Employees
Division 10 – Staf f, assistance and facil i ties
236. Staff, assistance and facilities
PART 8 – MISCELLANEOUS PROVISIONS
237. Financial assistance
238. Employment of children
239. Corporal punishment in schools240. Minister’s advisory councils
241. Secretary’s advisory councils
242. Hostels
243. Delegation by Minister
244. Delegation by Secretary
245. Immunity from liability
246. False or misleading statements
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247. Appropriation
248. Regulations
249. Administration of Act
250. Legislation repealed
251. Legislation rescinded
252. Legislation revoked
SCHEDULE 1 – PROVISIONS WITH RESPECT TO MEMBERSHIP
AND MEETINGS OF REGISTRATION BOARD
SCHEDULE 2 – PROVISIONS WITH RESPECT TO MEMBERSHIP
AND MEETINGS OF REVIEW PANEL
SCHEDULE 3 – PROVISIONS WITH RESPECT TO MEMBERSHIP
AND MEETINGS OF TASMANIAN HOME EDUCATION
ADVISORY COUNCIL
SCHEDULE 4 – LEGISLATION REPEALED
SCHEDULE 5 – LEGISLATION RESCINDED
SCHEDULE 6 – LEGISLATION REVOKED
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[Bill ] 15
EDUCATION BILL 2016
(Brought in by the Minister for Education and Training, the
Honourable Jeremy Page Rockliff)
A BILL FOR
An Act to provide for and regulate education in Tasmania,
to repeal, revoke and rescind certain Acts and statutory
rules and for related purposes
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 – PRELIMINARY
1. Short title
This Act may be cited as the Education Act
2016 .
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
3. Objects of Act
The objects of this Act are –
(a) to make available to each Tasmanian
child a high-quality education that –
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(i) helps maximise his or her
educational potential; and
(ii) enables him or her to contribute
fully to the Tasmanian
community; and
(b) to provide for 13 years of compulsory
education and training; and
(c) to provide for access to pre-compulsory
education; and
(d) to provide for the operation, governance
and monitoring of State schools; and
(e) to provide for the operation, governance
and monitoring of non-government
schools; and
(f) to provide for the registration and
monitoring of home education.
4. Principles which are basis of Act
The principles on which this Act is based are the
following principles:
(a) the right of every child to receive an
education until he or she completes theyear of secondary education commonly
known as Year 12;
(b) that the State recognises the role of a
parent as a child’s first educator and the
importance of a parent’s ongoing role inthe education of a child;
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(c) the importance of the State, parents,
teachers, schools, and other educational
institutions, including TasTAFE and the
University of Tasmania, working
collaboratively to engender a
commitment in all sectors in Tasmania to
achieving the best educational outcomes
for children;(d) the importance of the provision by the
State of universal access to education
through the maintenance of a government
education system;
(e) the importance of providing thefoundation for lifelong learning.
5. Interpretation
In this Act, unless the contrary intention
appears –
administrative authority , in relation to a
school, means –
(a) in relation to a State school, the
Secretary; or
(b) in relation to a registered
individual school, the governing
body of the school; or
(c) in relation to a registered system
school, the approved authority for
the system of non-government
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schools of which the school is a
member;
apprentice has the same meaning as in the
Training and Workforce Development
Act 2013;
approved home education program means a
proposed home education program thathas been approved under section 68, asamended from time to time;
approved learning program means a learning
program that is approved under
section 22 or 78;
Australi an Quali fi cations Framework means
the national policy of that name for
accredited qualifications in Australianeducation and training (including
addenda to that policy added from timeto time) that –
(a) defines qualifications recognised
nationally in education and
training undertaken within
Australia; and
(b) is endorsed and published by the
Australian Qualifications
Framework Council; and
(c) took effect on 1 July 2011 –
as amended or substituted from time totime;
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Australian Qualifications Framework
Council means the council –
(a) established under the authority of
the National Ministerial Council
responsible for education,
training and employment; and
(b) that has responsibilities for theAustralian QualificationsFramework;
certi fi cate of registration , in relation to –
(a) a home educator, means the
certificate of registration issuedunder section 62; or
(b) a registered system of non-government schools or a
registered individual school,
means the certificate ofregistration issued under
section 131 or 155;
child means a person who –
(a) has not attained the age of 18
years; or
(b) has attained the age of 18 years
but –
(i) is required under
section 19 to participate in
an approved learning
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program or be home
educated; or
(ii) would be so required to
participate in an approved
learning program or be
home educated if not
exempted or excused
under Part 3;
compulsory concil iation conference means a
conference referred to in section 34(b);
Compulsory Schooling Order has the
meaning given by section 45;
Compulsory Schooling Registrar means the
person appointed as Compulsory
Schooling Registrar under section 205;
corporal punishment means physical
punishment by means of cane, stick,strap, belt or hand or by any other means;
disability , in relation to a person, means a
disability which –
(a) is attributable to an intellectual,
psychiatric, sensory or physicalimpairment or a combination of
those impairments; and
(b) is permanent or likely to be
permanent; and
(c) results in –
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(i) a substantially reduced
capacity of the person for
communication, learning
or mobility; and
(ii) the need for continuing
support services; and
(d) may or may not be of a chronicepisodic nature;
distance education means education provided
to a school-aged child that is –
(a) characterised by the separation of
the teacher and child in time or place; and
(b) provided by using a variety ofmethods of delivery;
eligible capital expenditure meansexpenditure incurred for the educational
or residential purposes of school students
relating to –
(a) the acquisition of land; and
(b) the erection, alteration andextension of buildings; and
(c) the installation of essential
services;
eligible loan means a loan that is –
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(a) taken out wholly or partly for the
purpose of eligible capital
expenditure; and
(b) repayable within a period of 20
years; and
(c) repayable by principal and
interest;
fu ll -time employment has the same meaning
as in the Australian Bureau of Statistics
Labour Force Survey;
governing body means –
(a) in relation to a registered school,
the person or organisation that
owns, manages or operates aregistered non-government
school; or
(b) in relation to a proposed new
non-government school, the
person or body that proposes to
establish the new non-
government school; or
(c) in relation to a State school, theSecretary;
home education means the education of a
school-aged child or youth by a home
educator in accordance with an approved
home education program;
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home educator means a person who is
registered, either fully or on a temporary
basis, as a home educator under
section 60;
hostel means a facility for the residential
accommodation of school students;
individual educational program means a program authorised and supervised by a principal of a school that meets the
individual educational needs of a child
enrolled at that school;
individual non-government school means anon-government school which is not a
member of a system of non-government
schools;intake area , in relation to a State school,
means the area determined by theSecretary under section 89(1) to be the
intake area for that school;
learning program means –
(a) education at a school; or
(b) education through an individualeducation program; or
(c) vocational education and training,
within the meaning of the
Training and Workforce
Development Act 2013; or
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(d) an apprenticeship or traineeship
under a training contract
approved under section 32 of the
Training and Workforce
Development Act 2013; or
(e) education at a university; or
(f) a combination of any approvedlearning programs referred to in
paragraph (a), (b), (c), (d) and (e);
Ministerial instructions means instructions
issued by the Minister under section 6;
new individual non-government school means a non-government school that,
immediately before an application for
registration of the school is made underDivision 3 of Part 6, was not registered –
(a) as a member of a system of non-government schools under
Division 2 of Part 6; or
(b) as an individual non-government
school under Division 3 of
Part 6 – whether or not the school had previously
been so registered;
non-government school means a school, other
than a State school, that provides
educational instruction at any level up toand including the final year of secondary
education;
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overseas student means a student who –
(a) is not entitled to reside
permanently in Australia; and
(b) would not normally be resident in
Australia if he or she were not
attending a State school;
parent includes a guardian or other personhaving the care or control of a child;
principal means the individual in charge of
the day-to-day operation of a school;
Principal Off icer , Non-attendance means the person appointed as the Principal Officer,
Non-attendance under section 202;
provider , in relation to an approved learning
program, means any of the following
persons who, under the program, areinvolved in providing the whole or any
part of the program:
(a) a principal of a school;
(b) TasTAFE;
(c) an employer of an apprentice or
trainee;
(d) the University of Tasmania;
(e) an employer of a youth;
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registered individual school means a non-
government school which is registered
under Division 3 of Part 6;
registered system school means a non-
government school that is registered as
member of a registered system of non-
government schools under Division 2 of
Part 6;
registered system of non-government schools means a system of non-government
schools that is registered under
section 128;
registered school means –
(a) a registered system school; or
(b) a registered individual school; or
(c) a campus of a school that isregistered, managed or controlled
by a school in another State or a
Territory;
Registrar , Home Education means the person
appointed as Compulsory Schooling
Registrar under section 205;
Registrar, Non-government Schools means
the person appointed as Compulsory
Schooling Registrar under section 205;
Registration Board means the Non-
government Schools Registration Boardestablished under section 220;
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registration inspection means an inspection
carried out in accordance with a request
made by the Registration Board under
section 164;
registration of fi cer means –
(a) the Registrar, Non-government
Schools; or
(b) the Registrar, Home Education;
or
(c) a person appointed as a
registration officer under
section 219;
registration review means a review carried out
in accordance with a request made by theRegistration Board under section 160(1);
relevant record means any record, book,document, account or other information
compiled, recorded or stored by any
means which is relevant to the granting,
making or determination of a grant under
section 182 or 188 or a subsidy,
including records relating to students;
Review Panel means the Review Panel
established under section 225;
school means –
(a) a State school; and
(b) a centre, unit or institute of the
State which provides educational
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as year 7 to the year commonly known as
Year 12 (inclusive);
Secretary means the Secretary of the
Department;
senior secondary education means education
at a school for the years commonly
known as Year 11 and Year 12;
special education means education which
provides educational services to students
with disabilities;
special school means any school at which
special education is provided for studentswith disabilities;
State school means a school, including acollege for senior secondary education,
established under section 88;
student means a child, youth or person –
(a) enrolled at a school; or
(b) provided with home education; or
(c) participating in an approvedlearning program;
subsidy means a subsidy granted, or renewed,
under section 192 or 197;
system of non-government schools means a
system of non-government schools
formed in accordance with section 124;
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system’s relevant financial year means the
financial year of the system of non-
government schools during which a
subsidy was received by it;
TasTAFE means TasTAFE created under
section 56 of the Training and Workforce
Development Act 2013;
trainee has the same meaning as in theTraining and Workforce Development
Act 2013;
transitioning non-government school means
a non-government school that is referredto in section 133(6), section 134(4) or
section 141(5);
University of Tasmania means the universitycontinued under that name under section
4 of the University of Tasmania Act
1992;
vocational education and training has the
same meaning as in the Training and
Workforce Development Act 2013;
youth means a child who – (a) is required under section 19 to
participate in an approved
learning program or be home
educated; or
(b) would be required undersection 19 to participate in an
approved learning program if not
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exempted or excused under
Part 3.
6. Ministerial instructions
(1) In this section –
specified means specified in the Ministerialinstructions.
(2) The Minister may issue instructions, in writing,
in relation to the guidelines, principles, practices
and procedures to be observed by the Secretary,
the Registrar, principals, schools, parents and
children in relation to –
(a) enrolment at school, including the
enrolment of a child who is not yet aschool-aged child; and
(b) attendance at schools and approved
programs; and
(c) the management of the non-attendance of
a child at a school; and
(d) the approval of, and the revocation of the
approval of, any person as a mediator forthe purposes of convening and
facilitating compulsory conciliation
conferences; and
(e) any matter concerning the registration of
a system of non-government schools or a
non-government school and the processes to be followed by the
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Registration Board in complying with
this Act or any other Act; and
(f) such other matters relating to the
purposes and administration of this Act
as the Minister considers appropriate.
(3) Before issuing a Ministerial instruction in
relation to a registered school, or which willaffect a registered school, the Minister is toconsult with whichever one or more of the
following is relevant in the circumstances:
(a) the governing body of the registered
school;
(b) the approved authority for the system of
non-government schools of which the
registered school is a member;
(c) if the registered school is a member of an
association of schools that representsthose schools, that association.
(4) Ministerial instructions may be issued so as to –
(a) apply at all times, at a specified time or
for a specified period; and
(b) apply to –
(i) all schools, principals, schools,
teachers, parents and children; or
(ii) a specified class of schools,
principals, teachers, parents orchildren; or
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(iii) a specified school or principal.
(5) Ministerial instructions may –
(a) provide that the Secretary, the Registrar,
a principal or a class of principals
determine a specified matter; and
(b) exempt a school or a person, or a class ofschools or persons, from the requirementto comply with a specified provision of
the Ministerial instructions, whether on
specified conditions or unconditionally
and either wholly or to such extent as is
specified.
(6) The Minister, from time to time, may amend the
Ministerial instructions, rescind them or rescind
them and substitute new Ministerial instructions.
(7) The Ministerial instructions are to be published
in the manner that the Minister considersappropriate.
(8) An amendment to the Ministerial instructions is
taken to be incorporated with the instructions.
(9) A Ministerial instruction that is inconsistent with
this Act is invalid to the extent of theinconsistency.
(10) The Ministerial instructions, an amendment to
the Ministerial instructions and a rescission of
the Ministerial instructions are not statutory rules
for the purposes of the Rules Publication Act1953.
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7. Secretary’s instructions
(1) In this section –
specified means specified in the Secretary’s
instructions.
(2) The Secretary may issue instructions, in writing,
in relation to matters under this Part, including, but not limited to –
(a) the entitlement of school-aged children,
youths and persons whose homes are not
in the intake area for a school to enrol at
that school; and
(b) the attendance at a State school of
children referred to in section 8; and
(c) the process to be followed by State
schools in managing the absences of their
students not authorised by Part 3; and
(d) acceptable and unacceptable behaviour
of students, teachers and other persons at
State schools;
(e) the regulation of the conduct and
discipline of students, including theexpulsion and suspension of students;
and
(f) the transfer of students at State schools
between classes and between courses;
and
(g) the transfer of students between State
schools; and
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(h) the curriculum, teaching practice,
homework, assessment and reporting
procedures at State schools; and
(i) religious instruction at State schools; and
(j) the development of plans, budgets and
reports for State schools; and
(k) the charging of fee, levies and charges by principals of State schools for matters
incidental to the provision of education;
and
(l) the management of the hostels for State
school students; and
(m) powers of school associations; and
(n) any other matter in relation to which this
Act provides that the Secretary is to, or
may, issue instructions; and
(o) any other matters that the Secretary
considers appropriate or that are
prescribed by the regulations.
(3) The Secretary’s instructions may be issued so as
to –
(a) apply at all times, at a specified time or
for a specified period; and
(b) apply to –
(i) all schools, principals, schools,
teachers, parents, children, youthsand persons; or
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(ii) a specified class of schools,
principals, teachers, parents,
children, youths or persons; or
(iii) a specified school or principal.
(4) The Secretary’s instructions may –
(a) provide that a principal or a class of principals determine a specified matter;and
(b) exempt a school or a person, or a class of
schools or persons, from the requirement
to comply with a specified provision of
the Secretary’s instructions, whether onspecified conditions or unconditionally
and either wholly or to such extent as is
specified.
(5) The Secretary, from time to time, may amend the
Secretary’s instructions, rescind them or rescindthem and substitute new Secretary’s instructions.
(6) The Secretary’s instructions are to be published
in the manner the Secretary considers
appropriate.
(7) An amendment to the Secretary’s instructions istaken to be incorporated with the instructions.
(8) A Secretary’s instruction that is inconsistent with
this Act is invalid to the extent of the
inconsistency.
(9) The Secretary’s instructions, an amendment tothe Secretary’s instructions and a rescission of
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the Secretary’s instructions are not statutory
rules for the purposes of the Rules Publication
Act 1953.
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PART 2 – PRE-COMPULSORY EDUCATION
8. Pre-compulsory education
(1) A child who attains the age of 4 years on or
before 30 June in any year is entitled to attend a
school in that year for pre-compulsoryeducation.
Note This section will commence on 1 January 2020 and, until that
day, section 46 of the Education Act 1994 continues to apply.
(2) However, subsection (1) does not entitle a childto attend any particular school and attendance at
a particular school is dependent on –
(a) the school offering a suitable pre-
compulsory educational program for a
child of that age; and
(b) the ability of the school to accommodate
the child in that program.
(3) A parent may enrol a child at a school for pre-
compulsory education by lodging a completed
application with the school’s principal.
(4) An application for enrolment for pre-compulsory
education is to include any information the
school’s administrative authority may determine
relating to –
(a) the identity of the child; and
(b) the identity of any parent of the child;
and
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(c) the place of residence of the child; and
(d) any other matter the school’s
administrative authority considers
relevant.
(5) If requested by the school’s principal, a parent
wishing to enrol a child for pre-compulsory
education at the school is to provide evidenceof –
(a) the age of the child; and
(b) the family name of the child; and
(c) the parent’s guardianship, the parent’s parental responsibility under a parenting
plan, or parenting order, under Part VII
of the Family Law Act 1975 of theCommonwealth or the parent’s other care
and control of the child.
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PART 3 – COMPULSORY EDUCATION AND
TRAINING
Division 1 – Objects of Part
9. Objects of Part
The objects of this Part are to ensure that achild –
(a) remains at school, or is home educated,
until completion of the school year in
which he or she attains the age of 16
years; and
(b) then continues at school, otherwise participates in an approved learning
program or is home educated until he orshe attains the age of 18 years or
completes the approved learning
program –
unless the child is exempted under this Part.
Division 2 – School-aged children
Subdivision 1 – Enrolment at school
10. Requirement to enrol school-aged child at school or
provide home education
(1) Unless exempted or excused under this Division
a child who is at least 5 years of age as at 30
June in any year must be enrolled at a school or
be provided with home education by a registeredhome educator for that year and subsequent
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years until the child completes the school year
during which he or she attains the age of 16
years.
Note This subsection will commence on 1 January 2021 and, untilthat day, section 4 of the Education Act 1994 continues toapply.
(2) Each parent of a school-aged child must ensure,unless the child is exempted from enrolment
under section 12 or the parent has a reasonableexcuse, that the child is –
(a) enrolled at a school; or
(b) being provided with home education by a
parent of the child who is registered as ahome educator in respect of that child.
Penalty: Fine not exceeding –
(a) [5] penalty units for a first
offence; and
(b) [10] penalty units for a second
or subsequent offence.
Note All penalties throughout this Bill are under review andtherefore have been set out in square brackets.
(3) Without limiting subsection (2), it is a
reasonable excuse for a parent that the school-
aged child primarily resides with another parent
and the first parent believes, on reasonable
grounds, that the other parent –
(a) is ensuring that the school-aged child is
enrolled at a school; or
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(b) is a home educator providing the school-
aged child with home education.
(4) A school-aged child may not be enrolled at more
than one school unless the child –
(a) has a disability; and
(b) is of a class prescribed by theregulations; and
(c) is enrolled in accordance with the
regulations.
11. Applying for enrolment at school
(1) A parent is to enrol a school-aged child at a
school by lodging a completed application withthe school’s principal.
(2) An application for enrolment of a school-aged
child is to include any information the
Secretary’s instructions require in relation to –
(a) the identity of the child; and
(b) the identity of the parent of the child; and
(c) the place of residence of the child; and
(d) any other matter the Secretary considersrelevant.
(3) If requested by the school’s principal, a parent
wishing to enrol a school-aged child is to
provide evidence of –
(a) the age of the child; and
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(b) the family name of the child; and
(c) the parent’s guardianship, the parent’s
parental responsibility under a parenting
plan, or parenting order, under Part VII
of the Family Law Act 1975 of the
Commonwealth or the parent’s other care
and control of the child.
12. Exemption from enrolment at school
(1) A parent of a school-aged child, or a school-aged
child who is living independently from his or her
parents, may apply in writing to the Secretary to
exempt the child from the requirement to enrol ata school.
(2) The Secretary, at his or her own initiative or onthe application of a parent or a school-aged child
under subsection (1), may grant a school-aged
child, or a class of school-aged children, anexemption from the requirement to be enrolled at
a school if satisfied that it is in the best interests
of the child, or children, to be exempted.
(3) The Secretary may –
(a) grant the exemption subject to anycondition; and
(b) impose any further condition, or vary or
revoke any condition, at any time.
(4) The Secretary is to publish an exemption granted
under subsection (2) of a class of school-aged
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children in a manner he or she considers
appropriate.
13. Certificate of exemption
(1) A certificate of exemption is a certificate that
states that the school-aged child specified in it is
exempt from the requirement to be enrolled at aschool on the conditions specified in, or attachedto, it.
(2) If the Secretary under section 12 exempts a
school-aged child from the requirement to enrol
at a school, the Secretary is to issue a certificate
of exemption to the parent of the child or, if theSecretary considers it appropriate, to the child.
(3) If –
(a) the Secretary under section 12 exempts a
class of school-aged children from therequirement to enrol at a school; and
(b) the parent of a school-aged child of that
class, or such a child, applies in writing
to the Secretary for a certificate of
exemption –
the Secretary is to issue a certificate of
exemption to that parent or child.
(4) A certificate of exemption remains in force for
the period referred to in it unless sooner revoked.
(5) A certificate of exemption ceases to be in forceif any condition of the exemption is contravened.
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(6) The Secretary may revoke an exemption if
satisfied that it is appropriate to do so.
(7) If a certificate of exemption is revoked, the
parent or child to whom it was issued must
return it to the Secretary.
Penalty: In the case of a contravention by a
parent, a fine not exceeding [5] penalty units.
Subdivision 2 – Attendance of school-aged chi ldren at school
14. Attendance at school of school-aged child
(1) Unless exempted or excused under this Division,a parent of a school-aged child must ensure that
the child –
(a) attends school each school day; or
(b) receives home education; or
(c) participates in an individual educational
program.
Penalty: Fine not exceeding [10] penalty units
and, in the case of a continuingoffence, a further fine not exceeding 2
penalty units for each day duringwhich the offence continues.
(2) If a court finds a parent guilty of an offence
under subsection (1), the court, instead of or in
addition to imposing a fine, may impose a
community service order within the meaning ofthe Sentencing Act 1997 .
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(3) A school-aged child is to attend a school during
the whole of a school day unless the child –
(a) is being provided with home education;
or
(b) is participating in an individual
educational program; or
(c) is exempted or excused from attendanceunder this Division.
(4) A principal must ensure that a register is kept
recording the daily attendance or absence of
each school-aged child.
(5) For the purposes of this section, a school-aged
child may attend a school by using a form of
electronic communication, within the meaning ofthe Electronic Transactions Act 2000, if –
(a) the principal of a school has approvedattendance at the school by that form of
electronic communication; and
(b) the principal has approved the attendance
of the child at the school by using that
form of electronic communication.
15. Part-time attendance of school-aged child
(1) A parent of a school-aged child may apply, in
writing, to the Secretary to permit the child to
attend a school part-time.
(2) The Secretary, at his or her own initiative or onthe application of a parent, may permit part-time
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attendance at a school if satisfied that it is in the
best interests of the school-aged child to attend
part-time.
(3) The Secretary may –
(a) permit part-time attendance at a school
subject to any condition; and
(b) impose any further condition or vary orrevoke any condition at any time.
16. Exemption from attendance of school-aged child
without application
(1) A school-aged child is exempted from therequirement to attend a school if –
(a) the child is suspended or temporarily
excluded from that school; or
(b) the child has been expelled from that
school; or
(c) the child has been, or is of a class of
school-aged children that has been,
exempted under section 12 from the
requirement to be enrolled at a school; or
(d) the child attended a school which thechild’s parent reasonably believed to be a
school within the meaning of this Act.
(2) An exemption under this section ceases to have
effect on the day on which the event on which
the exemption is based ceases to apply.
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(3) A school-aged child who is enrolled at a school
is not exempted from the requirement to attend
the school by reason only of a disability.
17. School-aged child excused from daily attendance at
school
(1) A school-aged child is excused from attendanceat a school if –
(a) the child –
(i) is sick; or
(ii) has a temporary physical or
mental incapacity; and
(b) that sickness or physical or mentalincapacity is such that it prevents the
child from attending; and
(c) a parent of the child has notified the
school’s principal as soon as practicableon or after the day on which the child is
absent, but not later than 2 days after that
day.
(2) If a school-aged child has failed to attend at aschool because of sickness or incapacity for a
total of 5 days in any school year, the parent of
the child is to provide a certificate from a
medical practitioner in relation to any further
failure to attend because of sickness or
incapacity if requested to do so by the school’s
principal.
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(3) For the purposes of subsections (1) and (2), if a
school-aged child has a medical, or other,
condition that results in the child being
susceptible to having a physical, emotional or
mental reaction to an incident, situation or
exposure to disease which is stronger than the
reaction of school-aged children who do not
have the condition – (a) the child, by reason of that condition
alone, is taken not to be sick or
incapacitated; but
(b) on the day on which the child is absent
from school, is taken to be sick orincapacitated if he or she is experiencing
or recovering from such a reaction.
(4) A principal of a school may require a school-
aged child not to attend a school during any day
on which the child has an infestation or issuffering from any disease which, on advice
from the Director of Public Health, the Secretary
considers may be infectious, contagious or
harmful to the health of other persons at the
school.
Subdivision 3 – Providing learning programs or notices ofhome education dur ing last year as school-aged chi ld
18. Providing learning program or notifying of home
education
(1) During the year in which a school-aged child
who is enrolled at a school attains the age of 16
years, the parent of the child, and the child, must
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ensure that notice of a proposed learning
program for the child to participate in following
the completion of that school year is provided to
the principal of the child’s school in accordance
with this section unless the child is to be home
educated following the completion of that school
year.
Penalty: In the case of a contravention by a parent, a fine not exceeding [10]
penalty units.
(2) A notice under subsection (1) is to –
(a) be in a form approved by the Minister;and
(b) include the proposed learning program;
and
(c) be provided to the principal of the child’s
school no later than the end of the schoolyear for that school.
(3) During the year in which a school-aged child
who is enrolled at a school attains the age of 16
years, the parent of the child, and the child, must
ensure that notice that the child is to be homeeducated following the completion of that school
year is provided, in accordance with this section,
to the principal of the child’s school unless the
child is to participate in an approved learning
program following the completion of that school
year.
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Penalty: In the case of a contravention by a
parent, a fine not exceeding [10]
penalty units.
(4) A notice under subsection (3) is to –
(a) be in a form approved by the Minister;
and
(b) include evidence that the parent of thechild is a home educator or has applied to
be registered as a home educator as
required by the Ministerial instructions;
and
(c) be provided to the Secretary no later thanthe end of the school year for that school.
(5) Before 31 December in the year in which the principal of the school receives a notice under
subsection (1) or (3), the principal is to provide –
(a) the notice to the Secretary; and
(b) a copy of the proposed learning program
to each provider under the proposed
learning program if the child is a child
referred to in section 22(1) or (2); and
(c) a copy of the notice under subsection (3)
to the Registrar, Home Education.
(6) This section does not apply to a child who is
enrolled at a school, for part-time attendance, as
part of his or her approved home education
program and is to continue to be home educated
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following the completion of the school year in
which he or she attains the age of 16 years.
Division 3 – Youths
Subdivision 1 – Participation in approved learning programs
or home education
19. Participation in approved learning program or
home education
(1) Unless exempted or excused under this Division,
a person who has completed the school year
during which he or she attained the age of 16
years must –
(a) participate full-time in an approved
learning program until the first of thefollowing occurs:
(i) the youth completes the year of
secondary education commonlyknown as Year 12:
(ii) the youth obtains a Certificate III
qualification, within the meaning
of the Australian Qualifications
Framework;
(iii) the youth completes an
apprenticeship;
(iv) the youth attains the age of 18
years; or
(b) be home educated until the completion ofhis or her approved education program
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for the calendar year in which he or she
attains the age of 18 years.
Note Although this subsection provides that the age until which ayouth must participate in an approved learning program or behome educated is 18 years, it will only be until 17 years forsome years after the section commences. Transitional provisions will ensure that the first children who will berequired to continue in an approved learning program or home
education until the age of 18 years are those who will be inYear 8 in 2017.
(2) Each parent of a youth who is not being home
educated as referred to in subsection (1) must
ensure that the youth is participating full-time in
an approved learning program unless a youth is
exempted from participation under section 20 or
the parent has a reasonable excuse.
Penalty: Fine not exceeding –
(a) [5] penalty units for a first
offence; and
(b) [10] penalty units for a second
or subsequent offence.
(3) Each parent of a youth who is not participating
full-time in an approved learning program as
referred to in subsection (1) must ensure that theyouth is being home educated unless the parent
has a reasonable excuse.
Penalty: Fine not exceeding –
(a) [5] penalty units for a first
offence; and
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(b) [10] penalty units for a second
or subsequent offence.
(4) Without limiting subsection (2) or (3), it is a
reasonable excuse for a parent that –
(a) the youth primarily resides with another
parent and the first parent believes, on
reasonable grounds, that the other parentis ensuring that the youth participatesfull-time in an approved learning
program or is being home educated; or
(b) in all the circumstances, the parent is not
reasonably able to ensure that the youth participates full-time in an approved
learning program or is home educated.
(5) If a court finds a parent guilty of an offenceunder subsection (2) or (3), the court, instead of
or in addition to imposing a fine, may impose acommunity service order within the meaning of
the Sentencing Act 1997 .
20. Exemption from participation in approved learning
program
(1) A parent of a youth, or a youth who is livingindependently from his or her parents, may
apply, in writing, to the Secretary to exempt the
youth from the requirement to participate in an
approved learning program.
(2) If the Secretary is satisfied by evidence providedwith an application under subsection (1) that the
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youth is in full-time employment, the Secretary
is to grant the exemption.
(3) The Secretary, at his or her own discretion, may
grant a class of youths an exemption from the
requirement to participate in an approved
learning program if satisfied that it is in the best
interests of the youths to be exempted.
(4) The Secretary, on an application undersubsection (1) that does not relate to the youth
being in full-time employment, may grant a
youth an exemption from the requirement to
participate in an approved learning program if
satisfied that it is in the best interests of theyouth to be exempted.
(5) The Secretary may – (a) grant an exemption under subsection (2),
(3) or (4) subject to any condition; and
(b) impose any further condition, or vary or
revoke any condition, at any time.
(6) The Secretary is to publish an exemption granted
under subsection (4) of a class of youths in a
manner he or she considers appropriate.
21. Certificate of exemption
(1) A certificate of exemption is a certificate that
states that the youth specified in it is exempt
from the requirement to participate in an
approved learning program on the conditionsspecified in, or attached to, it.
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(2) If the Secretary under section 20 exempts a
youth from the requirement to participate in an
approved learning program, the Secretary is to
issue a certificate of exemption to the parent of
the youth or, if the Secretary considers it
appropriate, to the youth.
(3) If –
(a) the Secretary under section 20 exempts aclass of youths from the requirement to
participate in an approved learning
program; and
(b) the parent of a youth of that class, orsuch a youth, applies in writing to the
Secretary for a certificate of exemption –
the Secretary is to issue a certificate ofexemption to that parent or youth.
(4) A certificate of exemption remains in force forthe period referred to in it unless sooner revoked.
(5) A certificate of exemption ceases to be in force
if any condition of the exemption is contravened.
(6) The Secretary may revoke an exemption if
satisfied that it is appropriate to do so.
(7) If a certificate of exemption is revoked, the
parent or youth to whom it was issued must
return it to the Secretary.
Penalty: In the case of a contravention by a
parent, a fine not exceeding [5] penalty units.
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22. Approval of learning program
(1) If a school-aged child is in the year of secondary
education commonly known as Year 10 when
notice of the child’s proposed learning program
is provided to the principal of his or her school
under section 18 and completes that year of
education, the proposed learning program set out
in the notice is the approved learning plan for thechild on becoming a youth.
(2) If a school-aged child is in the year of secondary
education commonly known as Year 11 or Year
12 when notice of the child’s proposed learning
program is provided to the principal of his or herschool under section 18, the proposed learning
program set out in the notice is the approved
learning plan for the child on becoming a youth.
(3) If a school-aged child –
(a) is in a year of education below the year
commonly known as Year 10 when
notice of the child’s proposed learning
program is provided to the principal of
his or her school under section 18; or
(b) is in the year of secondary educationcommonly known as Year 10 when the
notice is so provided but does not
complete that year of education –
the Secretary may approve the proposed learning
program, or amend it and approve the amended
proposed learning program, as the approved
learning program for the child on becoming a
youth.
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(4) If a school-aged child is being home educated
when notice of the child’s proposed learning
program is provided to the Secretary under
section 79, the Secretary may approve the
proposed learning program, or amend it and
approve the amended proposed learning
program, as the approved learning program for
the child on becoming a youth.(5) Before amending a proposed learning program,
the Secretary is to consult the parent of the child
and the child, as the Secretary considers
appropriate.
(6) A proposed learning program referred to insubsection (3) or (4), or that program as
amended under this section, becomes the
approved learning program for the school-agedchild on becoming a youth if it is approved
under that subsection.
(7) On approving a proposed learning program
referred to in subsection (3) or (4), or that
program as amended under this section, the
Secretary is to notify the parent of the child and
the child, in writing, of that approval and is to provide a copy of the approved learning program
to –
(a) each provider under the program; and
(b) if the approval is of an amended
proposed learning program, the parent of
the child and the child.
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23. Completion of approved learning program
For the purposes of this Act, a youth completes
his or her approved learning program when he or
she, under section 19(1), is no longer required to
participate in an approved learning program.
Subdivision 2 – Enrolment at school under approved
learning program
24. Enrolment at school under approved learning
program
(1) If a youth’s approved learning program requires
the youth to attend a school, section 11 applies,with any necessary modification and adaptation,
to the application to enrol the youth in a school.
(2) A youth may not be enrolled at more than one
school unless –
(a) the youth is of a class that the Ministerialinstructions allows to be enrolled at more
than one school; and
(b) the youth is enrolled in accordance with
the Ministerial instructions.
Subdivision 3 – Attendance of youths at approved learning
programs
25. Attendance at approved learning program
(1) A youth must attend his or her approved learning
program as required by that program unless he or
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she is exempted or excused from attending under
this Division.
(2) A parent of a youth must ensure that the youth
attends an approved learning program as
required by that program unless the youth is
exempted or excused from attending under this
Division or the parent has a reasonable excuse.
Penalty: Fine not exceeding –
(a) [5] penalty units for a first
offence; and
(b) [10] penalty units for a second
or subsequent offence.
(3) Without limiting subsection (2), it is a
reasonable excuse for a parent that –
(a) the youth primarily resides with another
parent and the first parent believes, onreasonable grounds, that the other parent
is ensuring that the youth attends his or
her approved learning program as
required by that program; or
(b) in all the circumstances, the parent is not
reasonably able to ensure that the youthso attends his or her approved learning
program.
(4) A provider of the approved learning program of
a youth, other than a principal of a school, must
notify the Secretary of the non-attendance of theyouth at the program unless the youth is
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exempted or excused from attending under this
Division.
Penalty: Fine not exceeding [100] penalty
units.
(5) If a youth is enrolled at a school under his or her
approved learning program and fails to attend as
required by the program, Division 5 applies inrelation to the youth, with any necessarymodification or adaptation.
(6) For the purposes of this section, a youth may
attend an approved learning program by using a
form of electronic communication, within themeaning of the Electronic Transactions Act
2000, if –
(a) that form of electronic communication isallowed by the provider of the program;
and
(b) the provider has approved the youth’s
attendance at the program by using that
form of electronic communication.
26. Part-time attendance at approved learning program
(1) A parent of a youth or a youth may apply, in
writing, to the Secretary to permit the youth to
attend an approved learning program part-time.
(2) The Secretary, at his or her own initiative or on
the application of a parent or a youth, may
permit part-time attendance at an approved
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learning program if satisfied that it is in the best
interests of the youth to attend part-time.
(3) The Secretary may –
(a) permit part-time attendance at an
approved learning program subject to any
condition; and
(b) impose any further condition or vary orrevoke any condition at any time.
27. Exemption from attendance at approved learning
program without application
(1) A youth is exempted from the requirement toattend an approved learning program if –
(a) the youth is suspended or temporarily
excluded from that program; or
(b) the youth has been expelled from that
program; or
(c) the youth has been, or is of a class of
youths that has been, exempted under
section 20 from the requirement to
participate in an approved learning program; or
(d) the youth attended a program which the
youth’s parent or youth reasonably
believed to be an approved learning
program.
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(2) An exemption under this section ceases to have
effect on the day on which the event on which
the exemption is based ceases to apply.
(3) A youth is not exempted from the requirement to
attend an approved learning program by reason
only of a disability.
28. Youth excused from daily attendance at approved
learning program
(1) A youth is excused from attendance at an
approved learning program if –
(a) the youth –
(i) is sick; or
(ii) has a temporary physical or
mental incapacity; and
(b) that sickness or physical or mental
incapacity is such that it prevents the
youth from attending; and
(c) a parent of the youth or the youth has
notified the provider of the program as
soon as practicable on or after the day theyouth is absent from the approved
learning program but not later than 2
days after that day.
(2) If a youth has failed to attend at an approved
learning program because of sickness or
incapacity for a total of 5 days in any calendaryear, the parent of the youth, or the youth, is to
provide a certificate from a medical practitioner
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to the provider of the program in relation to any
further failure to attend because of sickness or
incapacity if requested to do so by the provider.
(3) For the purposes of subsections (1) and (2), if a
youth has a medical, or other, condition that
results in the youth being susceptible to having a
physical, emotional or mental reaction to an
incident, situation or exposure to disease whichis stronger than the reaction of youths who do
not have the condition –
(a) the youth, by reason of that condition
alone, is taken not to be sick or
incapacitated; but
(b) on the day the youth is absent from
school, is taken to be sick orincapacitated if he or she is experiencing
or recovering from such a reaction.
(4) A provider of an approved learning program
may require a youth not to attend that part of the
program provided by that provider during any
day on which the youth has an infestation or is
suffering from any disease which, on advice
from the Director of Public Health, the Secretary
considers may be infectious, contagious orharmful to the health of other persons attending
at the program.
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Division 4 – Other matters relating to enrolment and
attendance at school or approved learning program
29. Withdrawal of school-aged child from school
enrolment
(1) If a school-aged child is enrolled at a school and
is to be withdrawn from that school, the parentof the child must notify the principal of theschool, in writing, of that withdrawal and –
(a) of the proposed school at which the child
is to be enrolled; or
(b) that the child is to be home educated; or
(c) of any other proposed education of the
child; or
(d) that the child is exempted or excused
under this Part from the requirement to
be enrolled at a school or be providedwith home education.
(2) If the principal of a school (the old principal ) is
notified that a school-aged child is withdrawing
from enrolment at that school and is to be
enrolled at another school, the old principal is tonotify the principal of the other school (the new
principal ), in writing, of the intention of the
parent of the child to enrol him or her at the
other school.
(3) If a new principal receives notice from the old
principal that a school-aged child is to beenrolled at his or her school –
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(a) the new principal may request the
provision of information relating to the
child, including personal and educational
information, from the old principal and
the principal of any other school at which
the child has been enrolled; and
(b) the old principal and the principal of the
other school may provide thatinformation to the new principal.
(4) If a new principal receives notice that a school-
aged child is to be enrolled at his or her school
but the parent of the child fails to enrol the
child –
(a) the new principal is to inform the
Secretary of the responsible Departmentin relation to the Children, Young
Persons and Their Families Act 1997 or
a Community-Based Intake Service,within the meaning of that Act, of that
failure to enrol; and
(b) the information provided under
paragraph (a) is to be taken, for the
purposes of section 14 of the Children,
Young Persons and Their Families Act1997 , to be information of a suspicion
that the child is being abused or
neglected.
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30. Notification of change of circumstances under
approved learning program
(1) If there is any change of a provider of the
approved learning program of a youth, or any
other change that is contrary to the approved
learning program of a youth, the parent of the
youth or, if the youth is living independently
from his or her parents, the youth must notify theSecretary of that change in a form approved by
the Minister.
Penalty: In the case of a contravention by a
parent, a fine not exceeding [10]
penalty units.
(2) If the change referred to in subsection (1) is a
withdrawal of enrolment from one school andeither enrolment at a different school or the
commencement of home education, the parent of
the youth or, if the youth is living independentlyfrom his or her parents, the youth must notify the
principal of the school from which the youth is
withdrawing, in writing –
(a) of that withdrawal; and
(b) either –
(i) of the school at which the youth
is to be enrolled; or
(ii) that the youth is to be home
educated.
(3) If the change referred to in subsection (1) is a
withdrawal of enrolment from one school and
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