Education Act 1994

Education Act 1994

An Act to provide for and regulate education in the State

Be it enacted by His 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 1994 .

2.   Commencement

This Act commences on a day to be proclaimed.

3.   Interpretation

In this Act –

Assessment Board means the Tasmanian Secondary Assessment Board established under section 73 ;

certificate of registration means the certificate of registration issued under section 63 ;

child means a person who has not attained the age of 16 years;

[Section 3 Amended by No. 56 of 1999, s. 4, Applied:03 Nov 1999] corporal punishment means physical punishment by means of cane, stick, strap, belt, hand or by any other means;

disability means a disability which –

(a) is attributable to an intellectual, psychiatric, sensory or physical impairment or a combination of those impairments; and

(b) is permanent or likely to be permanent; and

(c) results in –

(i) a substantially reduced capacity of a person for communication, learning or mobility; and

(ii) the need for continuing support services; and

(d) may or may not be of a chronic episodic nature;

eligible capital expenditure means expenditure incurred for the educational or residential purposes of school students relating to –

(a) the acquisition of land; and

(b) the erection, alteration and extension of buildings; and

(c) the installation of essential services;

eligible loan means a loan that is –

(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;

governing body means the person or body of persons who has the ownership, management or control of a registered school;

home education means the education of a school-aged child or person in the home by a home educator;

home educator means a person who is registered as a home educator under section 17 ;

hostel means a facility for the residential accommodation of school students;

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 person having the care or control of a child;

principal includes the head teacher or other person in charge of a school;

registered school means a school registered under Part 5 ;

Registration Board means the Schools Registration Board established under section 48 ;

relevant record means any record, book, document, account or other information compiled, recorded or stored by any means which is relevant to the granting or determination of a grant or subsidy;

school includes –

(a) a State school, college or other centre, unit or institution which provides educational instruction up to and including the final year of secondary education; and

(b) a registered school;

school ancillary staff means any member of the school staff who is not –

(a) a teacher; or

(b) a guidance officer; or

(c) a social worker; or

(d) a speech pathologist;

school-aged child means a child who is at least 6 years of age and –

(a) has not attained the age of 16 years; or

(b) has not completed the school year immediately before the first year after compulsory education;

school charter means a statement which sets out the beliefs, values, goals and priorities of a school;

school council means a school council and an interim school council established under section 26 ;

school student means a school-aged child or person attending a school;

Secretary means the Secretary of the Department;

special education means education which provides educational services to students with disabilities;

special school means any school at which special education is specially provided for students with disabilities;

State school means a school established under section 18 ;

student means a child or person –

(a) enrolled at a school; or

(b) provided with home education;

upper secondary education means –

(a) the final 4 years of secondary education; or

(b) if the Minister determines another number of years, those years.

PART 2 - Compulsory education

Division 1 - Enrolment and attendance

4.   Enrolment

(1)  A child who is at least 6 years of age as at 1 January in any year must be enrolled at a school or be provided with home education for that year and subsequent years until the child attains the age of 16 years unless exempted or excused under this Part.

(2)  A parent of a school-aged child must –

(a) enrol the child in a school appropriate to the child's educational needs; or

(b) be registered as a home educator in respect of that child.

Penalty:  Fine not exceeding 10 penalty units.

(3)  A parent is to enrol a school-aged child at a school by lodging a completed application with the school's principal.

(4)  An application for enrolment of a school-aged child is to include any information the Secretary may determine relating 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 in respect of enrolment at a State school the Secretary requires.

(5)  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

(b) the parent's guardianship, care or control of the child.

5.   Exemption from enrolment

(1)  A parent of a school-aged child may apply to the Secretary to exempt the child from the requirement to enrol at a school.

(2)  The Secretary, at his or her own initiative or on application, may grant an exemption from the requirement to be enrolled at a school if satisfied that it is in the best interests of the child's education to be exempted.

(3)  The Secretary may –

(a) grant the exemption subject to any condition; and

(b) impose any further condition or vary or revoke any condition at any time.

6.   Attendance

(1)  A parent of a school-aged child must ensure that the child –

(a) attends the school each day as required; or

(b) receives home education.

Penalty:  Fine not exceeding 10 penalty units and a daily fine not exceeding 2 penalty units.

(2)  A school-aged child who is not provided with home education is to attend a school during the whole of a school day unless exempted or excused under this Part.

(3)  A principal must ensure that a register is kept recording the daily attendance or absence of each school-aged child.

7.   Exemption from attendance

(1)  A parent of a school-aged child may apply to the Secretary to exempt the child from full-time attendance in a school and permit the child to attend part-time.

(2)  The Secretary, at his or her own initiative or on application, may grant an exemption from full-time attendance and permit part-time attendance if satisfied that it is in the best interests of the child's education to attend part-time.

(3)  The Secretary may –

(a) grant the exemption subject to any condition; and

(b) impose any further condition or vary or revoke any condition at any time.

8.   Certificate of exemption

(1)  If the Secretary exempts a school-aged child under section 5 or 7 , the Secretary is to issue a certificate of exemption.

(2)  A certificate of exemption remains in force for the period referred to in the certificate unless sooner revoked.

(3)  A certificate of exemption ceases to be in force if any condition of the exemption is contravened or not complied with.

(4)  The Secretary may revoke an exemption if satisfied that it is appropriate to do so.

9.   Exemption from attendance without application

(1)  A school-aged child is exempted from the requirement 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) a certificate of exemption is in force in respect of the child; or

(d) the child attended a school which the child'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.

(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 any disability.

10.   Excused from daily attendance

(1)  A school-aged child is excused from attendance at a school on any day if –

(a) the child is prevented from attending because of –

(i) sickness; or

(ii) temporary, physical or mental incapacity; or

(iii) any other reasonable cause; and

(b) a parent of the child has notified the school's principal within 5 school days of the start of the non-attendance.

(2)  If a child's non-attendance at a school because of sickness or incapacity extends beyond 5 school days, a parent of the child, at the request of the school's principal, is to provide a certificate from a registered medical practitioner.

(3)  The principal may require a student not to attend a school during any day on which the student 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 or harmful to the health of other persons at the school.

11.   Withdrawal from school

A parent of a school-aged child, by notice in writing, must notify the principal of –

(a) the withdrawal of the child from the school; and

(b) the proposed education of the child after that withdrawal.

12.   Objection to participation in school activities

(1)  A parent of a school-aged child may object as a matter of conscience to that child participating in a particular activity.

(2)  A parent of a school-aged child who objects to the child participating in a particular activity must notify the principal, by notice in writing, that the child is not to participate in that particular activity.

13.   Particulars of children

(1)  The Minister, by notice in writing, may require a parent to supply particulars of a child or children of that parent as specified in the notice.

(2)  A parent must complete the notice as required and return it to the Minister within the period specified in the notice.

Penalty:  Fine not exceeding 5 penalty units.

Division 2 - Proceedings

14.   Authorized persons

(1)  The Secretary may authorize a person to investigate any unauthorized absence of a school-aged child from school.

(2)  The Secretary is to issue a person authorized under subsection (1) with an identity card bearing the photograph of that person.

(3)  A person authorized under subsection (1) may –

(a) approach any child who appears to the person to be of school age and is apparently not in attendance at a school; and

(b) request the child to provide –

(i) his or her name and address; and

(ii) the name and address of the school normally attended by the child; and

(iii) the reason for being absent from school; and

(c) accompany the child to his or her home or school to verify the information provided by the child under paragraph (b) .

(4)  Before taking any action under subsection (3) (b) or (c) in respect of a child, a person authorized under subsection (1) must show the child his or her identification card.

15.   Proceedings

Proceedings for an offence against this Part may only be taken by a person authorized to do so by the Minister.

16.   Evidence and presumption

(1)  In any proceedings for an offence against this Part, a certificate by the principal of a school certifying that on a specified day a particular child was enrolled at, but did not attend, the school for the period or periods specified in the certificate is evidence of those facts.

(2)  In any proceedings for an offence against this Part a child is presumed to be of school age unless the contrary is proved.

Division 3 - Home education

17.   Registration of home educators

(1)  A parent of a school-aged child may apply to the Minister for registration as a home educator in respect of that child.

(2)  An application –

(a) is to be in a form approved by the Minister; and

(b) is to contain any information the Minister may determine.

(3)  The Minister may –

(a) refuse an application for registration as a home educator; or

(b) grant the application, subject to any conditions the Minister determines.

(4)  The registration of a parent as a home educator authorizes that parent to provide home education in the home of that parent to the school-aged child in respect of whom the registration was sought.

(5)  The Minister may revoke the registration of a parent as a home educator in respect of a child if –

(a) the person has failed to comply with, or contravened, any condition; or

(b) the Minister is satisfied that it is in the best interests of the child to do so.

PART 3 - State Education

Division 1 - Schools

18.   State schools

(1)  The Minister may establish any school necessary for the purposes of this Act.

(2)  The Minister, in any circumstances the Minister considers appropriate, may –

(a) amalgamate State schools; and

(b) close any State school either temporarily or permanently.

(3)  Before closing a State school permanently, the Minister is to consult with, if they exist, the school council and association of parents and friends of that school.

(4)  In any consultation under subsection (3) , the Minister is to make available a statement on the likely educational, economic and social impact of the closure of the State school.

19.   Enrolment within home area

(1)  A school-aged child or person is entitled to be enrolled at the State school which has its intake of students from the area in which his or her home is situated.

(2)  A school-aged child or person may be enrolled at a State school which does not have its intake of students from the area in which his or her home is situated if there is not the maximum number of students at the school.

20.   Enrolment in certain cases

(1)  The Secretary may accept the enrolment of a school-aged child or person at a State school if the child or person has been expelled from, or asked to leave, another State school or a registered school.

(2)  The Secretary may accept enrolment subject to any conditions the Secretary considers appropriate.

(3)  The Secretary may refuse to accept the enrolment of a school-aged child or person at a State school if the child or person has been expelled from another State school.

(4)  The Secretary may refuse the enrolment of a person who has completed the equivalent of 2 years full-time study after compulsory education.

21.   Special education

The Secretary may determine –

(a) whether or not a child or person is entitled to be enrolled in a State special school; and

(b) the circumstances or manner in which the child or person may be enrolled; and

(c) any other matter relating to the enrolment.

22.   Employees

Subject to and in accordance with the Tasmanian State Service Act 1984 , persons may be appointed or employed for the purposes of this Act.

23.   Functions and powers of principals

(1)  The principal of a State school has the following functions:

(a) to ensure that the curriculum, teaching practice, assessment and reporting procedures at the school are consistent with any instructions issued by the Secretary;

(b) to carry out the day-to-day management of the school, students and staff;

(c) to prepare the plans, budgets and reports for the school as required by the Secretary;

(d) to implement policies in accordance with the school charter.

(2)  The principal of a State school is to provide educational leadership in the school.

(3)  The principal of a State school may do anything necessary or convenient to perform his or her functions.

(4)  The principal of a State school must allow any person acting under the authority of the Minister or Secretary to enter the school premises for any purpose authorized by the Minister or Secretary.

24.   Distance education

(1)  The following persons may apply to the Secretary for the provision of distance education:

(a) a parent of a child on behalf of that child;

(b) any other person.

(2)  An application is to be made in a form approved by the Secretary.

(3)  The Secretary may –

(a) grant an application with or without conditions; or

(b) refuse to grant an application.

(4)  In determining whether to grant or refuse to grant an application, the Secretary may take into account any of the following matters:

(a) whether the child or person lives in an isolated area which is too distant from a school to allow attendance on a daily basis;

(b) whether the child or person is required to be in a hospital;

(c) whether the child or person is housebound because of a physical impairment or infectious disease;

(d) whether the child or person is pregnant;

(e) whether the child or person is otherwise unable to attend school on a regular basis.

(5)  The Secretary, at any time, may determine that distance education is not to be provided to a particular child or person.

25.   Administrative and financial matters

(1)  The Minister may determine the following matters in relation to the administration and organization of a State school:

(a) the area from which the school is to have its intake of students;

(b) the minimum and maximum number of students at the school;

(c) the minimum and maximum size of a class or type of class;

(d) the days on which the school is to be open for educational instruction;

(e) the days on which the school is to be open for attendance by teachers;

(f) the hours during which the school is to be open for educational instruction and other activities;

(g) the number of teachers and other persons to be appointed or employed at a school;

(h) the allocation of financial and other resources to the school;

(i) the reporting of administrative and financial activities;

(j) the manner in which an audit of the school is to be carried out;

(k) the manner in which the performance of teachers and other persons appointed or employed at the school is to be evaluated.

(2)  The Minister may direct the Secretary to issue instructions relating to any or all of the matters referred to in subsection (1) .

Division 2 - School councils

26.   School councils

(1)  Subject to subsection (2) , the Minister may establish –

(a) a council or interim council for a State school; or

(b) an interim council for a proposed State school; or

(c) a council or interim council for 2 or more State schools.

(2)  The Minister may only establish a school council if –

(a) a draft constitution of the proposed school council is submitted to the Minister; and

(b) the Minister approves the draft constitution.

(3)  The Minister, if satisfied that it is necessary to do so, may abolish a school council.

27.   Guidelines

The Minister may issue guidelines for the membership and operation of school councils.

28.   Constitutions

Any provision of a school council's constitution which conflicts with anything contained in the guidelines issued under section 27 is of no effect.

29.   Membership of school council

The membership and terms and conditions of membership of a school council are to be determined in accordance with its constitution.

30.   Functions of school councils

(1)  A school council has the following functions in relation to a State school:

(a) to develop the school charter;

(b) to determine the school policies within the framework of the school charter;

(c) to monitor the progress of the school plans and budget;

(d) to make recommendations in relation to reports made by the principal;

(e) to participate on the selection panel in respect of an advertised permanent vacancy for the position of principal;

(f) to provide a means of communication and information between the school and the community;

(g) to advise the Secretary on any matter relating to policy;

(h) any other function the Minister determines.

(2)  A school council must not perform any of its functions contrary to any instructions issued by the Secretary under section 33 (2) .

31.   Powers of school councils

(1)  A school council has the following powers:

(a) to approve the school plan and budget;

(b) to establish a student dress code;

(c) to approve the school's annual report;

(d) to participate on the selection panel in respect of any advertised vacancy for school ancillary staff;

(e) to manage the school canteen or other trading activities not relating to education at the school;

(f) to manage a hostel;

(g) to manage a farm for the benefit of the school;

(h) to manage child care facilities at the school.

(2)  A school council may do anything necessary or convenient to perform its functions.

(3)  A school council must not exercise any of its powers contrary to any instructions issued by the Secretary under section 33 (2) .

32.   Annual report

A school council is to provide the principal and the school community once in every 12 months with a report stating its activities for the year to which the report relates.

Division 3 - Educational instruction

33.   Curriculum, assessment and reporting

(1)  The curriculum in a State school is to consist of any non-sectarian and secular instruction and courses the Secretary determines.

(2)  The Secretary may issue instructions in respect of any matter relating to the curriculum, teaching practice, home work, assessment and reporting procedures at a State school.

34.   Religious instruction

(1)  Religious instruction for students may be provided at a State school with the approval of the Secretary.

(2)  The total number of hours of religious instruction provided at a State school in a year is not to exceed the total number of weeks in that year during which the school is open for student instruction.

(3)  Religious instruction at a State school is to be provided –

(a) by a member of the clergy, or another person, authorized to do so by the religious body to which that member or person belongs; and

(b) during any time the principal determines.

(4)  Attendance at any class for religious instruction is not compulsory for any student.

(5)  A principal may require a parent of a student at a State school to notify whether or not the student is to attend any religious instruction provided by the school.

35.   Reviews

The Secretary is to carry out any review that is appropriate –

(a) to assess the quality of educational instruction in State schools; and

(b) to evaluate the educational plans and programmes provided by State schools.

Division 4 - Discipline

36.   Unacceptable behaviour

(1)  A student at a State school is to behave in a manner acceptable to the principal.

(2)  Behaviour which is not acceptable in a State school includes behaviour which –

(a) constitutes refusal to participate in the education programme; or

(b) constitutes disobedience of instructions which regulate the conduct of students; or

(c) is likely to impede significantly the learning of the other students of that school; or

(d) is likely to be detrimental to the health, safety or welfare of the staff or other students of that school; or

(e) causes or is likely to cause damage; or

(f) is likely to bring that school into disrepute.

37.   Punishment

The principal of a State school, if satisfied that a student has behaved in an unacceptable manner, may –

(a) suspend the student full-time or part-time from that school for a period of 2 weeks or less; or

(b) impose a detention on that student.

38.   Exclusion and expulsion

(1)  If the principal of a State school is of the opinion that the behaviour of a student justifies a suspension of more than 2 weeks, the principal may refer the matter to the Secretary.

(2)  The Secretary, if satisfied that the behaviour of a student justifies it, may –

(a) suspend the student full-time or part-time from attending the school for a period of 2 weeks or less; or

(b) exclude the student full-time or part-time from attending the school for a period exceeding 2 weeks; or

(c) expel the student from the school; or

(d) prohibit the student from enrolling at any State school.

(3)  The Secretary may determine the educational instruction of a student referred to in subsection (2) .

(4)  The parent of a student or a student may apply to the Secretary for a periodic review of the exclusion, expulsion or prohibition.

(5)  The Secretary may revoke any exclusion, expulsion or prohibition if satisfied that the student is willing to behave in an acceptable manner.

39.   Discipline instructions

The Secretary may issue instructions to principals on procedures to be followed in any matter under this Division.

Division 5 - Miscellaneous provisions

40.   Transfer of students

(1)  The Secretary may issue instructions in relation to the transfer of a student from –

(a) one class to another class; and

(b) one course to another course; and

(c) one State school to another.

(2)  Instructions may require a student to have particular qualifications or pre-requisites before transferring to another class or school.

41.   Fees, levies and charges

(1)  Subject to subsection (2) , tuition fees are not payable in respect of educational instruction provided to any student at a State school during the hours which the State school is open.

(2)  The Minister may require an overseas student to pay fees or charges to attend a State school at a rate the Minister determines.

(3)  The Secretary may authorize the principal of a State school to levy a charge to cover the incidental costs and expenses incurred in respect of providing educational instruction.

(4)  The principal of a State school, with the agreement of the school council, may charge for activities which are in addition to the normal educational instruction at that State school.

(5)  Any fees, levies and charges received by a State school under this section are to be paid into an account and used by that State school for any purpose the Secretary approves.

42.   Hire of school facilities and equipment

(1)  The Secretary may authorize a State school to hire out any facilities of that State school –

(a) at fees approved by the Secretary; and

(b) on terms and conditions specified by the Secretary.

(2)  Any fees received by a State school from the hire of its facilities are to be paid into an account and used by that State school for any purpose the Secretary approves.

(3)  The Secretary may approve the sale, loan or hire to any person of any text books, teaching aids or other materials devised, produced or otherwise acquired for use in State schools on any terms and conditions the Secretary determines.

(4)  The Secretary may exempt any person, body or organization from the provisions of this section.

43.   Educational services

(1)  The Minister may authorize the Secretary to make available any educational services or educational products on payment of any fees and charges the Secretary determines.

(2)  Any fees and charges received are to be –

(a) paid into any accounts the Secretary directs; and

(b) applied for any educational purposes the Secretary determines.

44.   Teacher's Certificate

The Minister may issue a Teacher's Certificate to any person who has the qualifications, professional skills and experience which, in the opinion of the Secretary, are appropriate for teaching in State schools.

45.   Property and equipment

(1)  The Secretary may lease property and equipment to or from any person for the purposes of this Act.

(2)  The Secretary may authorize a person to occupy any property of the Department on any terms and conditions the Secretary considers appropriate.

PART 4 - Education before and after compulsory education

46.   Education before compulsory education

(1)  A child who, on 1 January in any year, is at least 4 years of age and has not attained the age of 6 years is entitled to be enrolled at, and attend, a State school.

(2)  The Secretary may issue instructions in respect of the attendance at a State school of children referred to in subsection (1) .

47.   Completion of secondary education

(1)  A person who is not a school-aged child and has not completed secondary education is entitled to attend a State school –

(a) until the person completes the final year of secondary education; or

(b) for a period not exceeding the equivalent of 2 years full-time study –

whichever occurs first.

(2)  A person referred to in subsection (1) may apply to the principal to continue attending a State school after the entitlement ceases.

(3)  An application is to be made in a form approved by the Secretary.

(4)  The principal may –

(a) grant an application with or without conditions; or

(b) refuse to grant an application.

(5)  The Minister is to determine any dispute as to what is the equivalent of 2 years full-time study.

PART 5 - Registered schools

Division 1 - Schools Registration Board

48.   Schools Registration Board

(1)  There is established a Schools Registration Board consisting of 8 persons appointed by the Minister of whom –

(a) one is the chairperson; and

(b) one is a person employed in the Department; and

(c) 2 are persons selected from nominations submitted by organizations representing registered schools; and

(d) 2 are persons selected from nominations submitted by organizations representing the teachers of registered schools; and

(e) one is a person nominated by the person in charge of Catholic education; and

(f) one is a person selected from nominations submitted by organizations representing parents of children at registered schools.

(2)  An organization is to nominate, as far as possible, an equal number of males and females.

(3)  If a nomination is not made as required, the Minister may appoint a person without a nomination.

(4)  Schedule 1 has effect with respect to the membership and meetings of the Registration Board.

49.   Functions and powers of Registration Board

(1)  The Registration Board has the following functions:

(a) to hear and determine applications for the registration of schools under this Part;

(b) any other function the Minister determines.

(2)  The Registration Board may do anything necessary or convenient to perform its functions.

50.   Registrar

(1)  The Minister may appoint a person employed in the Department to be the Registrar.

(2)  A person appointed as Registrar holds office in conjunction with his or her position in the Department.

(3)  The Registrar is to –

(a) keep full and correct details of the proceedings of the Registration Board; and

(b) perform any other function the Registration Board directs.

Division 2 - Registration of schools

51.   Registered schools

A person or body must not operate a school which provides educational instruction up to and including the final year of secondary education and which is not a State school unless that school is registered under this Part.

Penalty:  Fine not exceeding 100 penalty units.

52.   Application for registration

(1)  A person or body intending to operate a school may apply for registration as a school of a type providing education as specified in section 54 .

(2)  An application is to –

(a) be made in writing; and

(b) state the education to be provided; and

(c) be lodged with the Registration Board; and

(d) be accompanied by any fee determined by the Registration Board and approved by the Minister.

(3)  The Registration Board may require a person or body to provide any further information it considers necessary in order to determine the application.

53.   Grant of application

(1)  In determining an application for registration as a school, the Registration Board must take into account the following matters:

(a) the proposed curriculum of that school;

(b) the qualifications required of teachers at that school;

(c) the facilities to be provided at that school;

(d) the minimum number of students to attend that school;

(e) the kinds of students to attend that school;

(f) the enrolment and attendance procedures of that school;

(g) any other prescribed matter.

(2)  If the Registration Board is not satisfied that the matters specified in subsection (1) are likely to comply with any standards the Minister determines in relation to those matters, it must –

(a) refuse to grant an application for registration; and

(b) by notice in writing, notify the applicant of the refusal and the reasons for the refusal.

54.   Types of registration

If the Registration Board grants an application for registration as a school, it is to register that school as a school of a type providing one or more of the following:

(a) primary education for any specified ages;

(b) secondary education for any specified ages;

(c) education of a specified kind;

(d) education for children of a specified kind.

55.   Review of registration

(1)  To ensure that a school is complying with any standards determined by the Minister in relation to the matters specified in section 53 , the Registration Board is to arrange for a review of a registered school to be carried out at least once before its registration ceases or is renewed.

(2)  The Registration Board may direct persons to carry out a review in accordance with instructions issued by the Registration Board.

(3)  A person carrying out a review may require any other person to give any assistance reasonably necessary to carry out the review.

(4)  The Registration Board is to give the Minister a report of the findings of the review.

56.   Inspections

(1)  The Registration Board may arrange for the inspection of any registered school for general purposes and before a review of a school is carried out.

(2)  The Registration Board may authorize persons to carry out the inspections in accordance with instructions issued by the Registration Board.

(3)  The Registration Board, with the approval of the Minister, may determine that in respect of an inspection of a registered school –

(a) a fee in relation to that inspection is payable by that school; or

(b) any costs and expenses incurred in relation to that inspection are payable by that school.

57.   Certificate of authority

(1)  The Registration Board is to issue a certificate of authority to a person authorized to inspect a registered school.

(2)  A certificate of authority –

(a) has effect in respect of the registered school specified in the certificate; and

(b) remains in force for the period specified in the certificate.

58.   Powers of inspecting person

(1)  A person authorized to inspect a registered school may at any reasonable time –

(a) enter, search and inspect any premises of the school; and

(b) inspect, take copies of or by warrant seize any records or documents kept by the school; and

(c) require any person to give any assistance reasonably necessary to carry out the inspection.

(2)  A person must produce the certificate of authority before exercising any of the powers specified in subsection (1) .

(3)  A person must not hinder or obstruct an authorized person lawfully carrying out an inspection.

Penalty:  Fine not exceeding 10 penalty units.

59.   Period of registration

A school is registered for the period specified in the certificate of registration unless its registration is sooner cancelled under section 61 .

60.   Renewal of registration

(1)  A person or body may apply for renewal of registration as a school.

(2)  An application is to be –

(a) made in writing; and

(b) lodged with the Registration Board at least 3 months before the previous period of registration expires.

(3)  In determining an application, the Registration Board is to take into account –

(a) the matters specified in section 53 ; and

(b) the findings of a review carried out under section 55 .

(4)  If the Registration Board is not satisfied that the matters specified in section 53 (1) are likely to comply with any standards the Minister determines in relation to those matters, it must –

(a) refuse to grant an application for renewal of registration; and

(b) by notice in writing, notify the applicant of the refusal and the grounds for the refusal.

61.   Cancellation of registration

(1)  The Minister, on the recommendation of the Registration Board, may cancel the registration of a school at any time or as a result of a review carried out under section 55 if satisfied –

(a) that the school or the governing body of the school is not complying with any condition determined by the Minister in relation to the matters specified in section 53 ; or

(b) that it is in the best interests of the students at that school to do so.

(2)  The Minister, by notice in writing, is to notify the school –

(a) of the cancellation of registration; and

(b) the reasons for the cancellation.

62.   Appeals

(1)  A person or body may appeal to a magistrate against –

(a) the refusal to grant an application for registration as a school; and

(b) the refusal to renew the registration of a school; and

(c) the cancellation of registration as a school.

(2)  An appeal is to be made within 21 days after the refusal to grant an application or the cancellation of registration.

63.   Certificate of registration

(1)  The Registration Board is to issue a certificate of registration to the governing body of a school which is granted registration or renewal of registration.

(2)  A certificate of registration is to specify the period for which the registration is granted or renewed.

Division 3 - Grants and subsidies

64.   Grants

(1)  The governing body of a registered school which is not conducted for the private gain of the governing body may apply each year for a grant.

(2)  An application for a grant is to be –

(a) in a form approved by the Secretary; and

(b) lodged with the Secretary.

(3)  The Minister may –

(a) grant the application for a grant; or

(b) refuse to grant the application.

(4)  The governing body of a registered school is to use a grant only –

(a) to offset any costs incurred by the school in respect of the education of students; and

(b) in respect of eligible capital expenditure incurred by the school.

65.   Amount of grant

The amount of a grant is to be –

(a) based on the number of eligible full-time students according to any factors or circumstances the Minister determines; and

(ab) [Section 65 Amended by No. 53 of 1999, s. 4, Applied:27 Oct 1999] based on the needs of the school determined by the Minister taking into account any prescribed factors; and

(b) determined at a prescribed proportional rate.

65A.   Grant paid to other person

[Section 65A Inserted by No. 53 of 1999, s. 5, Applied:27 Oct 1999] At the request of the governing body of the registered school that made an application for a grant under section 64 , the Minister may approve the grant to be paid to any person or organisation nominated by that governing body.

65B.   Additional grants

[Section 65B Inserted by No. 53 of 1999, s. 5, Applied:27 Oct 1999] The Minister may make a grant to a registered school in addition to a grant under section 64 for educational purposes and for any amount, and on any condition, the Minister determines.

66.   Initial application for subsidy

(1)  The governing body of a registered school may apply for a subsidy in respect of interest paid on an eligible loan.

(2)  An application for a subsidy is to be –

(a) in a form approved by the Secretary; and

(b) accompanied by –

(i) a certified copy of the agreement relating to the eligible loan; and

(ii) a statutory declaration in a form approved by the Secretary that the loan is wholly or partly for the purpose of eligible capital expenditure; and

(c) lodged with the Secretary.

(3)  The Minister may –

(a) grant the application for a subsidy, with or without any conditions; or

(b) grant the application only in respect of that part of the eligible loan which relates to eligible capital expenditure; or

(c) refuse to grant the application.

67.   Renewal for subsidy application

(1)  The governing body of a registered school which has been granted a subsidy is to submit an application on or before 30 April in each year to renew the subsidy.

(2)  An application is to be –

(a) in a form approved by the Secretary; and

(b) accompanied by –

(i) a certificate showing the amount paid by way of principal and interest under the eligible loan; and

(ii) a certificate showing the amounts of principal outstanding under that loan as at 1 April in the preceding year and as at 31 March in the current year; and

(iii) a statutory declaration that land or buildings in respect of which that loan was taken are being used for the educational or residential purposes of students at that school.

68.   Amount of subsidy

(1)  The amount of a subsidy is –

(a) to be determined by the Minister according to any factors or circumstances the Minister considers appropriate; and

(b) payable in respect of a period of 12 months ending on 31 March in each year.

(2)  If the amount of a subsidy is more than the amount of interest paid on the eligible loan, the subsidy payable is to be reduced so as to equal the amount of interest paid.

(3)  A subsidy is not payable if the interest accruing on the eligible loan as at 31 March in any year has not been paid.

69.   Change of purpose

(1)  The governing body of a registered school which receives a subsidy must notify the Secretary of any change in the use of land or buildings in respect of which the eligible loan was taken and the subsidy was paid.

(2)  If there is a change in the use of land or buildings, the Minister may –

(a) require the governing body of a registered school to repay the whole or any part of the subsidy paid; or

(b) adjust any future subsidy by deducting any amount the Minister considers appropriate.

70.   Use of grant or subsidy

The governing body of a registered school which receives a grant or subsidy is to submit to the Secretary an audited statement by 30 June in each year certifying that the grant or subsidy has been used for the purposes for which it was made or granted during the previous 12 months ending on 31 March in that year.

71.   Access to school records

The governing body of a registered school which receives a grant or subsidy under this Division is to –

(a) provide access to the school and any relevant records kept by it to any person authorized by the Secretary; and

(b) produce any relevant records if required by the Secretary or any person authorized by the Secretary.

PART 6 - Tasmanian secondary assessment board

72.   Chief Executive Officer

(1)  Subject to and in accordance with the Tasmanian State Service Act 1984 , a Chief Executive Officer is to be appointed for the purposes of this Part.

(2)  The functions of the Chief Executive Officer are –

(a) to administer the activities of the Assessment Board; and

(b) to ensure that the Assessment Board carries out its functions and exercises its powers in an efficient and effective manner.

73.   Assessment Board

(1)  There is established a Tasmanian Secondary Assessment Board consisting of at least 18 persons appointed by the Minister of whom –

(a) one is the Chief Executive Officer who is the chairperson; and

(b) 4 are persons nominated by the Secretary, one of whom is the person responsible for the provision of curriculum services in the Department; and

(c) one is a person nominated by the Secretary of the Department responsible for administering the enactment in relation to vocational education and training; and

(d) one is a person selected from nominations submitted by organizations for registered schools; and

(e) 3 are persons selected from nominations submitted by organizations for teachers –

(i) one of whom is to be a teacher in a State school providing only post-compulsory education; and

(ii) one of whom is to be a teacher in a State school providing secondary education; and

(iii) one of whom is to be a teacher in a registered school; and

(f) one is a person nominated by the person responsible for Catholic education in registered schools; and

(g) one is a person selected from nominations submitted by organizations for parents of students in State schools; and

(h) one is a person selected from nominations submitted by organizations for parents of students in registered schools; and

(i) 2 are persons nominated by the Council of the University of Tasmania; and

(j) one is a person nominated by the Chief Executive Officer; and

(k) one is a person selected from nominations submitted by organizations representing employers in the private sector; and

(l) one is a person selected from nominations submitted by organizations representing employees; and

(m) any other persons, not exceeding 2, as the Minister may determine.

(2)  An organization is to nominate, as far as possible, an equal number of males and females.

(3)  If a nomination is not made as required, the Minister may appoint a person without a nomination.

(4)  Schedule 2 has effect with respect to membership and meetings of the Assessment Board.

74.   Functions and powers of Assessment Board

(1)  The Assessment Board has the following functions in respect of the upper years of secondary education:

(a) to determine the syllabuses to be provided to students;

(b) to determine the manner in which, and the matters in relation to which, assessments and determinations are to be made in respect of educational attainments;

(c) to determine whether the educational attainments of a person qualify that person to receive any certificate issued by it;

(d) to provide information in respect of its policies and assessment procedures;

(e) to advise the Minister on matters relating to its functions;

(f) any other function the Minister determines.

(2)  The Assessment Board may –

(a) make rules in respect of assessment procedures; and

(b) make rules in respect of –

(i) the eligibility of persons to take any assessment; and

(ii) applications for assessment; and

(iii) the conduct of persons during an assessment; and

(iv) action to be taken if a person fails to comply with, or contravenes, any rule; and

(c) do anything necessary or convenient to perform its functions.

(3)  A rule made by the Assessment Board –

(a) is not a statutory rule within the meaning of the Rules Publication Act 1953 ; and

(b) is not subject to the Acts Interpretation Act 1931 .

75.   Employees

(1)  Subject to and in accordance with the Tasmanian State Service Act 1984 , persons may be appointed or employed to assist the Assessment Board to perform its functions.

(2)  The Assessment Board may employ any person on a casual or part-time basis to assist in the development of syllabuses and assessment procedures on any terms and conditions it considers appropriate.

(3)  The Assessment Board, with the approval of the Head of an Agency, may make arrangements for a person employed in that Agency to be made available to the Assessment Board to assist it to perform its functions.

76.   Committees of Assessment Board

(1)  The Assessment Board may establish any committees it considers necessary to assist it in the exercise of its functions.

(2)  The remuneration and allowances payable to a member of a committee are as determined by the Minister.

77.   Certificates

The Assessment Board may issue certificates in a form approved by the Minister to persons whose educational attainments qualify them to receive those certificates.

78.   Fees

(1)  The Assessment Board, with the approval of the Minister, may determine the fees payable in respect of the performance or exercise of any of its functions or powers.

(2)  Any fees paid are to be used by the Assessment Board in the administration of this Act.

79.   Delegation by Assessment Board

The Assessment Board, with the approval of the Minister, may delegate any of its functions and powers, other than this power of delegation, to any person.

80.   Records of assessment

(1)  The Assessment Board is to keep records of all assessments.

(2)  If requested by a person, the Assessment Board is to make available the record of that person's assessment to that person or anyone else authorized by that person.

PART 7 - Miscellaneous Provisions

81.   Financial assistance

(1)  A school student or a parent of a school student may apply to the Secretary for financial assistance in respect of –

(a) any charge made under section 41 ; or

(b) any essential materials the student requires to continue his or her education; or

(c) any accommodation costs incurred by the student living away from home to continue education after compulsory education.

(2)  The Secretary may grant financial assistance applied for under subsection (1) if satisfied that –

(a) the income of the applicant is less than an amount the Secretary may determine; or

(b) in respect of accommodation costs, the student's normal residence is at least 40 kilometres from the nearest appropriate school.

(3)  The Secretary may grant financial assistance under subsection (2) consisting of –

(a) a lump sum; or

(b) an allowance; or

(c) a combination of a lump sum and allowance.

(4)  A student or a parent of a student may apply to the Secretary for financial assistance towards the cost of one pair, or in special circumstances more than one pair, of spectacles in a year.

(5)  The Secretary may grant financial assistance applied for under subsection (4) if satisfied that –

(a) the income of the applicant is less than an amount the Secretary may determine; and

(b) the spectacles are necessary in order for the student to continue his or her education.

(6)  The Secretary may grant financial assistance under subsection (5) consisting of any amount the Secretary determines.

82.   Employment of children

A person must not employ or permit to be employed a school-aged child during the hours when the child is required to attend a school.

Penalty:  Fine not exceeding 100 penalty units.

82A.   Corporal punishment in schools

[Section 82A Inserted by No. 56 of 1999, s. 5, Applied:03 Nov 1999]

(1)  The principal of a school or a teacher at a school must not administer corporal punishment to a student of that school.

Penalty:  Fine not exceeding 50 penalty units.

(2)  In this section,

teacher includes –

(a) a member of the staff of a school; and

(b) any other person instructing or teaching, or assisting or supporting teaching, at a school.

83.   Advisory council

(1)  The Minister may establish any advisory council the Minister considers necessary to advise and assist the Minister in the exercise of powers and the performance of functions under this Act.

(2)  The Minister may appoint persons as members of an advisory council on any terms and conditions the Minister considers appropriate.

84.   Hostels

(1)  The Minister may enter into an agreement with any person or body to provide a hostel for school students.

(2)  A person or body providing a hostel must comply with any instructions issued by the Secretary for the management of the hostel.

85.   Delegation by Secretary

The Secretary may delegate any of his or her functions or powers, other than this power of delegation, to any person.

86.   Immunity from liability

Any person or member of the Registration Board, the Assessment Board or any council or committee established under this Act is not personally liable for an honest act or omission done or made in the exercise or purported exercise of a power, or in the performance or purported performance of a function, under this Act.

87.   False and misleading statements

A person, in giving any information under this Act, must not –

(a) make a statement knowing it to be false or misleading; or

(b) omit any matter knowing that without that matter the information is misleading.

Penalty:  Fine not exceeding 50 penalty units.

88.   Audit and annual report

(1)  The accounts of the Registration Board are subject to the provisions of the Financial Management and Audit Act 1990 .

(2)  The Registration Board must submit to the Secretary by 31 August in each year a report on their activities for the previous financial year.

89.   Records

The Registration Board and the Assessment Board are to keep –

(a) full and accurate minutes of their proceedings; and

(b) correct accounts of their receipts and expenditure.

90.   Appropriation

The following are to be paid from money provided by Parliament:

(a) any financial assistance payable under section 81 ;

(b) any grant made under Division 3 of Part 5 ;

(c) any subsidy granted under Division 3 of Part 5 ;

(d) any remuneration and allowances payable under section 76 ;

(e) the expenses of the Assessment Board in carrying out its functions.

91.   Regulations

(1)  The Governor may make regulations for the purposes of this Act.

(2)  Regulations may be made relating to –

(a) financial assistance payable to school students; and

(b) payments of grants and subsidies; and

(c) registration of schools.

(3)  Regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.

(4)  The regulations may –

(a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and

(b) in respect of such an offence, provide for the imposition of a fine not exceeding 10 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.

(5)  The regulations may authorize any matter to be determined, applied or regulated by the Registration Board.

92.   Transitional and savings provisions

Schedule 3 has effect with respect to transitional and savings provisions.

93.   Repeal

[Section 93 Substituted by No. 56 of 1999, s. 6, Applied:03 Nov 1999]

(1)  The following Acts are repealed:

(a) Education Act 1932 ;

(b) Education (Teachers Federation) Act 1974 ;

(c) Education Amendment Act 1988 ;

(d) Education (Retention of Schools) Act 1989 .

(2)  Any regulations or other statutory rules made under any Act repealed under subsection (1) are rescinded.

94.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –

(a) the administration of this Act is assigned to the Minister for Education and the Arts; and

(b) the Department responsible to the Minister for Education and the Arts in relation to the administration of this Act, except for Part 6 , is the Department of Education and the Arts; and

(c) the body responsible to the Minister for Education and the Arts in relation to the administration of Part 6 is the Assessment Board.

SCHEDULE 1 - Provisions with respect to membership and meetings of registration board

Section 48 (4)

1.   Interpretation

In this Schedule, member means a member of the Registration Board.

2.   Term of office

A member is to be appointed for a period, not exceeding 3 years, specified in the member's instrument of appointment.

3.   Holding other office

The holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office is not disqualified from –

(a) holding that office and also the office of a member; or

(b) accepting any remuneration payable to a member.

4.   Remuneration of members

A member is entitled to be paid any remuneration (including travelling and subsistence allowances) the Minister determines.

5.   Vacation of office

(1) A member vacates office if the member –

(a) dies; or

(b) resigns; or

(c) is removed from office under subclause (2) or (3) .

(2) The Minister may remove a member from office if the member –

(a) is absent from 3 consecutive meetings of the Registration Board without the permission of the Registration Board; or

(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration or estate for their benefit; or

(c) is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for 12 months or longer; or

(d) is convicted of an offence against this Act.

(3) The Minister may remove a member from office if satisfied that the member is unable to perform adequately or competently the duties of office.

6.   Filling of vacancies

If the office of a member becomes vacant, the Minister may appoint a person to the vacant office for the remainder of that member's term of office.

7.   Presumptions

In any proceedings by or against the Registration Board, unless evidence is given to the contrary, proof is not required of –

(a) the constitution of the Registration Board; or

(b) any resolution of the Registration Board; or

(c) the appointment of any member; or

(d) the presence of a quorum at any meeting of the Registration Board.

8.   Convening of meetings

A meeting of the Registration Board may be convened by the chairperson or by any 3 members.

9.   Procedure at meetings

(1) The quorum at any duly convened meeting of the Registration Board is 4 members.

(2) Any duly convened meeting of the Registration Board at which a quorum is present is competent to transact any business of the Registration Board.

(3) A question arising at a meeting of the Registration Board is to be determined by a majority of votes of the members present and voting.

10.   Chairperson

(1) The chairperson of the Registration Board is to preside at the meetings of the Registration Board.

(2) If the chairperson of the Registration Board is not present at a meeting of the Registration Board a member elected by the members present is to preside at that meeting.

11.   Minutes

The Registration Board is to cause full and accurate minutes to be kept of its proceedings at meetings and must submit to the Minister a copy of the minutes of each meeting within 14 days after the date on which the meeting is held.

12.   General procedure

Subject to this Schedule, the procedures for the calling of, and for the conduct of business at, meetings of the Registration Board are as determined by the Registration Board.

13.   Validity of proceedings, &c.

(1) An act or proceeding of the Registration Board or of a person acting under the direction of the Registration Board is not invalid by reason only that at the time when the act or proceeding was done, taken or commenced, there was a vacancy in the membership of the Registration Board.

(2) An act or proceeding of the Registration Board or of a person acting under the direction of the Registration Board is valid even if –

(a) the appointment of a member of the Registration Board was defective; or

(b) a person appointed as a member of the Registration Board was disqualified from acting as, or incapable of being, such a member.

SCHEDULE 2 - Provisions with respect to membership and meetings of Assessment Board

Section 73 (4)

1.   Interpretation

In this Schedule, member means a member of the Assessment Board other than the chairperson.

2.   Term of office

A member is to be appointed for a period, not exceeding 4 years, specified in the member's instrument of appointment.

3.   Holding other office

The holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office is not disqualifed from –

(a) holding that office and also the office of a member; or

(b) accepting any remuneration payable to a member.

4.   Remuneration of members

A member is entitled to be paid any remuneration (including travelling and subsistence allowances) the Minister determines.

5.   Vacation of office

(1) A member vacates office if the member –

(a) dies; or

(b) resigns; or

(c) is removed from office under subclause (2) or (3) .

(2) The Minister may remove a member from office if the member –

(a) is absent from 3 consecutive meetings of the Assessment Board without the permission of the Assessment Board; or

(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration or estate for their benefit; or

(c) is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for 12 months or longer; or

(d) is convicted of an offence against this Act.

(3) The Minister may remove a member from office if satisfied that the member is unable to perform adequately or competently the duties of office.

6.   Filling of vacancies

If the office of a member becomes vacant, the Minister may appoint a person to the vacant office for the remainder of that member's term of office.

7.   Presumptions

In any proceedings by or against the Assessment Board, unless evidence is given to the contrary, proof is not required of –

(a) the constitution of the Assessment Board; or

(b) any resolution of the Assessment Board; or

(c) the appointment of any member; or

(d) the presence of a quorum at any meeting of the Assessment Board.

8.   Convening of meetings

A meeting of the Assessment Board may be convened by the chairperson or by any 8 members.

9.   Procedure at meetings

(1) The quorum at any duly convened meeting of the Assessment Board is two-thirds of the membership of the Assessment Board.

(2) Any duly convened meeting of the Assessment Board at which a quorum is present is competent to transact any business of the Assessment Board.

(3) A question arising at a meeting of the Assessment Board is to be determined by a majority of votes of the members present and voting.

10.   Chairperson

(1) The chairperson of the Assessment Board is to preside at the meetings of the Assessment Board.

(2) If the chairperson of the Assessment Board is not present at a meeting of the Assessment Board a member elected by the members present is to preside at that meeting.

11.   Minutes

The Assessment Board is to cause full and accurate minutes to be kept of its proceedings at meetings and must submit to the Minister a copy of the minutes of each meeting within 14 days after the date on which the meeting is held.

12.   General procedure

Subject to this Schedule, the procedures for the calling of, and for the conduct of business at, meetings of the Assessment Board are as determined by the Assessment Board.

13.   Validity of proceedings, &c.

(1) An act or proceeding of the Assessment Board or of a person acting under the direction of the Assessment Board is not invalid by reason only that at the time when the act or proceeding was done, taken or commenced, there was a vacancy in the membership of the Asessment Board.

(2) An act or proceeding of the Assessment Board or of a person acting under the direction of the Assessment Board is valid even if –

(a) the appointment of a member of the Assessment Board was defective; or

(b) a person appointed as a member of the Assessment Board was disqualified from acting as, or incapable of being, such a member.

SCHEDULE 3 - Transitional and savings provisions

Section 92

1.   Interpretation

In this Schedule –

commencement day means the day on which this Act commences;

repealed Act means the Education Act 1932 .

2.   State schools

Any State school established and in existence under the repealed Act immediately before the commencement day is, on that day, a school established under this Act.

3.   Registration of school

Any school registered under the repealed Act immediately before the commencement day is, on that day, registered under this Act for a period of 6 years.

4.   Tasmanian Teachers' Certificate

Any Tasmanian Teachers' Certificate issued under the repealed Act and in force immediately before the commencement day is, on that day, a Teacher's Certificate issued under this Act.

5.   Subsidies, grants and loans

Any subsidy, grant or loan provided under the repealed Act and in existence immediately before the commencement day continues on that day in accordance with the provisions of the repealed Act .