Education (Consequential Amendments) Act 2016
An Act to consequentially amend certain Acts on the enactment of the Education Act 2016 and the repeal of the Education Act 1994 , the Education and Training (Tasmanian Academy) Act 2008 and the Youth Participation in Education and Training (Guaranteeing Futures) Act 2005
[Royal Assent 21 December 2016]
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
This Act may be cited as the Education (Consequential Amendments) Act 2016 .
This Act commences on 10 July 2017.
PART 2 - Child Care Act 2001 Amended
In this Part, the Child Care Act 2001 is referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by omitting " Education Act 1994 ;" from the definition of school and substituting " Education Act 2016 ;".
5. Section 4 amended (Child care defined)
Section 4(3) of the Principal Act is amended by omitting " Education Act 1994 ," and substituting " Education Act 2016 ,".
PART 3 - Children, Young Persons and Their Families Act 1997 Amended
In this Part, the Children, Young Persons and Their Families Act 1997 is referred to as the Principal Act.
7. Section 32 amended (Convening family group conference)
Section 32(10) of the Principal Act is amended as follows:(a) by omitting from paragraph (h) " Education Act 1994 ;" and substituting " Education Act 2016 ;";(b) by omitting from paragraph (ha) " Education Act 1994 ," and substituting " Education Act 2016 ,";(c) by omitting from paragraph (i) " Education Act 1994 ," and substituting " Education Act 2016 ,";(d) by omitting paragraph (j) .
PART 4 - Christ College Act 1926 Amended
In this Part, the Christ College Act 1926 is referred to as the Principal Act.
9. Section 44 amended (Not to affect status as public schools)
Section 44 of the Principal Act is amended by omitting " Part 5 of the Education Act 1994 ." and substituting "Part 6 of the Education Act 2016 as a registered school.".
PART 5 - Fire Service Act 1979 Amended
In this Part, the Fire Service Act 1979 is referred to as the Principal Act.
11. Section 50 amended (Protection of public premises)
Section 50(2)(a) of the Principal Act is amended by omitting subparagraph (v) and substituting the following subparagraph:(v) Education Act 2016 ;
PART 6 - Land Tax Act 2000 Amended
In this Part, the Land Tax Act 2000 is referred to as the Principal Act.
13. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by omitting " Education Act 1994 ;" from paragraph (d) of the definition of educational institution and substituting " Education Act 2016 ;".
PART 7 - Office of Tasmanian Assessment, Standards and Certification Act 2003 Amended
In this Part, the Office of Tasmanian Assessment, Standards and Certification Act 2003 is referred to as the Principal Act.
15. Section 3 amended (Interpretation)
The definition of registered school in section 3(1) of the Principal Act is amended as follows:(a) by omitting the definition of registered school and substituting the following definition:registered school has the same meaning as in the Education Act 2016 ;(b) by omitting the definition of school and substituting the following definition:school has the same meaning as in the Education Act 2016 ;(c) by omitting the definition of State school and substituting the following definition:State school has the same meaning as in the Education Act 2016 ;
16. Section 24B amended (Responsibilities of Secretary of Department for senior secondary curriculum)
Section 24B of the Principal Act is amended as follows:(a) by omitting subsection (1) ;(b) by omitting from subsection (2)(c)(ii) "State schools, registered schools and the Tasmanian Academy." and substituting "State schools and registered schools.".
PART 8 - Poisons Act 1971 Amended
In this Part, the Poisons Act 1971 is referred to as the Principal Act.
18. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by omitting paragraphs (d) and (e) from the definition of public institution and substituting:(d) TasTAFE, within the meaning of the Training and Workforce Development Act 2013 ; and
PART 9 - Registration to Work with Vulnerable People Act 2013 Amended
In this Part, the Registration to Work with Vulnerable People Act 2013 is referred to as the Principal Act.
20. Section 15 amended (Person required to be registered to engage in regulated activity)
The definition of school in section 15(1) of the Principal Act is amended as follows:(a) by omitting from paragraph (a) " Education Act 1994 ;" and substituting " Education Act 2016 ;";(b) by omitting from paragraph (b) " Education Act 1994 ;" and substituting " Education Act 2016 ;";(c) by omitting paragraph (c) and substituting the following paragraph:(c) a centre, unit or institute of the State which provides educational instruction at any level up to, and including, the final year of secondary education, including TasTAFE within the meaning of the Training and Workforce Development Act 2013 .
PART 10 - Teachers Registration Act 2000 Amended
In this Part, the Teachers Registration Act 2000 is referred to as the Principal Act.
22. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as follows:(a) by omitting "school, the Tasmanian Academy" from the definition of practising teacher and substituting "school";(b) by omitting the definition of registered school and substituting the following definition:registered school has the same meaning as in the Education Act 2016 ;(c) by omitting " Education Act 1994 ;" from the definition of school and substituting " Education Act 2016 ;";(d) by omitting the definition of State school and substituting the following definition:State school has the same meaning as in the Education Act 2016 ;(e) by omitting "school, the Tasmanian Academy" from the definition of student and substituting "school";(f) by omitting the definition of Tasmanian Academy .
23. Section 6 amended (Membership of Board)
Section 6(1) of the Principal Act is amended as follows:(a) by omitting from paragraph (b) "schools and the Tasmanian Academy;" and substituting "schools;";(b) by omitting from paragraph (f) "school, the Tasmanian Academy" and substituting "school";(c) by omitting from paragraph (j) "school or the Tasmanian Academy;" and substituting "school;".
24. Section 11 amended (Offences relating to teaching)
Section 11 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "school, the Tasmanian Academy" and substituting "school";(b) by omitting from subsection (5) "school, the Tasmanian Academy" and substituting "school".
25. Section 17D amended (Determination of application)
Section 17D(1)(a)(i) of the Principal Act is amended by omitting "school, or at any campus of the Tasmanian Academy" and substituting "school".
26. Section 25 amended (Registers)
Section 25(5) of the Principal Act is amended by omitting "a person or body referred to in section 51 of the Education Act 1994 ." from the definition of teacher employing authority and substituting "the governing body, within the meaning of the Education Act 2016 , of a school that is registered under that Act.".
27. Section 31 amended (Employers to notify of disciplinary action taken and certain resignations and retirements)
The definition of employer in section 31(1) of the Principal Act is amended as follows:(a) by omitting "the Tasmanian Academy,";(b) by omitting "a person or body referred to in section 51 of the Education Act 1994 ;" and substituting "the governing body, within the meaning of the Education Act 2016 , of a school that is registered under that Act;".
28. Section 32 amended (Annual returns)
Section 32 of the Principal Act is amended by omitting "school, the Tasmanian Academy" and substituting "school".
PART 11 - Miscellaneous
This Act is repealed on the three hundred and sixty fifth day from the day on which this Act commences.
[Second reading presentation speech made in:
House of Assembly on 13 OCTOBER 2016
Legislative Council on 27 OCTOBER 2016]