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 –[Section 3 Amended by No. 62 of 2003, Sched. 4, Applied:01 Jan 2004]

[Section 3 Amended by No. 44 of 2008, s. 4, Applied:01 Jan 2009] [Section 3 Amended by No. 25 of 2010, Sched. 1, Applied:01 Jan 2011] Academy means the Tasmanian Academy continued under section 5 of the Education and Training (Tasmanian Academy) Act 2008 ;

[Section 3 Amended by No. 25 of 2010, Sched. 1, Applied:01 Jan 2011] [Section 3 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013]

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. 25 of 2010, Sched. 1, Applied:01 Jan 2011] College principal means a principal within the meaning of the Education and Training (Tasmanian Academy) Act 2008 ;

[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;

[Section 3 Amended by No. 72 of 2003, s. 4, Applied:01 Jan 2004] 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 of methods of delivery;

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;

[Section 3 Amended by No. 72 of 2003, s. 4, Applied:01 Jan 2004] [Section 3 Amended by No. 44 of 2008, s. 4, Applied:01 Jan 2009] home education means the education of a school-aged child or other person 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;

[Section 3 Amended by No. 72 of 2003, s. 4, Applied:01 Jan 2004] individual educational program means a program provided and supervised by a school that meets the individual educational needs of a child;

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;

[Section 3 Amended by No. 44 of 2008, s. 4, Applied:01 Jan 2009] [Section 3 Amended by No. 25 of 2010, Sched. 1, Applied:01 Jan 2011] [Section 3 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 3 Amended by No. 25 of 2010, Sched. 1, Applied:01 Jan 2011] [Section 3 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013]

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

[Section 3 Amended by No. 72 of 2003, s. 4, Applied:01 Jan 2004]

[Section 3 Amended by No. 72 of 2003, s. 4, Applied:01 Jan 2004] registered school means –

(a) a school registered under Part 5 ; and

(b) a campus of a school registered, managed or controlled by a school in another State or in a Territory of the Commonwealth;

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;

[Section 3 Amended by No. 44 of 2008, s. 4, Applied:01 Jan 2009]

[Section 3 Amended by No. 44 of 2008, s. 4, Applied:01 Jan 2009] school means –

(a) a State school; and

(b) [Section 3 Amended by No. 25 of 2010, Sched. 1, Applied:01 Jan 2011] [Section 3 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] a centre, unit or institute of the State, other than the Academy, a college within the meaning of the Education and Training (Tasmanian Academy) Act 2008 or TasTAFE, which provides educational instruction at any level up to, and including, the final year of secondary education; and

(c) 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;

[Section 3 Amended by No. 44 of 2008, s. 4, Applied:01 Jan 2009] school-aged child means a person who –

(a) is required under section 4(1) to be enrolled at a school or provided with home education; or

(b) would be required under section 4(1) to be enrolled at a school or provided with home education if not exempted or excused under Part 2 ;

[Section 3 Amended by No. 72 of 2003, s. 4, Applied:01 Jan 2004]

[Section 3 Amended by No. 72 of 2003, s. 4, Applied:01 Jan 2004] school association means an association established under section 26 ;

[Section 3 Amended by No. 44 of 2008, s. 4, Applied:01 Jan 2009] school student means a school-aged child or other person attending a school;

[Section 3 Amended by No. 72 of 2003, s. 4, Applied:01 Jan 2004] school's relevant financial year means the financial year of the school during which a grant or subsidy was received;

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) [Section 3 Amended by No. 62 of 2003, Sched. 4, Applied:01 Jan 2004] [Section 3 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] provided with home education;

[Section 3 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] TasTAFE means TasTAFE created under section 56 of the Training and Workforce Development Act 2013 .

[Section 3 Amended by No. 62 of 2003, Sched. 4, Applied:01 Jan 2004]

PART 2 - Compulsory education

Division 1 - Enrolment and attendance

4.   Enrolment

(1)  [Section 4 Subsection (1) amended by No. 72 of 2003, s. 5, Applied:01 Jan 2004] [Section 4 Subsection (1) substituted by No. 44 of 2008, s. 5, Applied:01 Jan 2009] Unless exempted or excused under this Part, a child who is at least 5 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 completes the school year during which he or she attains the age of 16 years.

(2)  [Section 4 Subsection (2) amended by No. 72 of 2003, s. 5, Applied:01 Jan 2004] Unless a school-aged child is exempted from enrolment under section 5 , a parent of the 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

(ab) [Section 4 Subsection (5) amended by No. 72 of 2003, s. 5, Applied:01 Jan 2004] the family name 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)  [Section 5 Subsection (2) substituted by No. 44 of 2008, s. 6, Applied:01 Jan 2009] The Secretary, at his or her own initiative or on application, may grant a child, or a class of children, an exemption from the requirement to be enrolled at a school if satisfied that it is in the best interests of the child's, or children'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) [Section 6 Subsection (1) amended by No. 44 of 2008, s. 7, Applied:01 Jan 2009] attends the school each day as required by the principal; or

(ab) [Section 6 Subsection (1) amended by No. 72 of 2003, s. 6, Applied:01 Jan 2004] participates in an individual educational program; or

(b) [Section 6 Subsection (1) amended by No. 44 of 2008, s. 7, Applied:01 Jan 2009] receives home education; or

(c) [Section 6 Subsection (1) amended by No. 44 of 2008, s. 7, Applied:01 Jan 2009] [Section 6 Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] attends at the Academy or TasTAFE each day as required if the child is exempted under section 5 from the requirement to be enrolled at a school subject to a condition that the child attend or be enrolled at either the Academy or TasTAFE.

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

(2)  [Section 6 Subsection (2) amended by No. 72 of 2003, s. 6, Applied:01 Jan 2004] A school-aged child who is not provided with home education is to attend a school during the whole of a school day unless the child is participating in an individual educational program or is exempted or excused under this Part.

(3)  [Section 6 Subsection (3) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 6 Subsection (3) amended by No. 25 of 2010, Sched. 1, Applied:01 Jan 2011] [Section 6 Subsection (3) amended by No. 44 of 2008, s. 7, Applied:01 Jan 2009] A principal, a College principal and TasTAFE must ensure that a register is kept recording the daily attendance or absence of each school-aged child.

7.   Part-time attendance

(1)  [Section 7 Subsection (1) amended by No. 44 of 2008, s. 8, Applied:01 Jan 2009] [Section 7 Subsection (1) amended by No. 72 of 2003, s. 7, Applied:01 Jan 2004] A parent of a school-aged child may apply to the Secretary to permit the child to attend a school part-time.

(2)  [Section 7 Subsection (2) amended by No. 44 of 2008, s. 8, Applied:01 Jan 2009] [Section 7 Subsection (2) amended by No. 72 of 2003, s. 7, Applied:01 Jan 2004] The Secretary, at his or her own initiative or on application, may permit part-time attendance at a school if satisfied that it is in the best interests of the child's education to attend part-time.

(3)  The Secretary may –

(a) [Section 7 Subsection (3) amended by No. 72 of 2003, s. 7, Applied:01 Jan 2004] [Section 7 Subsection (3) amended by No. 44 of 2008, s. 8, Applied:01 Jan 2009] permit part-time attendance at a school subject to any condition; and

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

8.   Certificate of exemption

(1)  [Section 8 Subsection (1) amended by No. 72 of 2003, s. 8, Applied:01 Jan 2004] If the Secretary exempts a school-aged child under section 5 , the Secretary is to issue a certificate of exemption.

(1A)  [Section 8 Subsection (1A) inserted by No. 44 of 2008, s. 9, Applied:01 Jan 2009] If the Secretary exempts a class of school-aged children under section 5 , the Secretary is to issue a certificate of exemption on the application of a school-aged child of that class or the parent of such a school-aged child.

(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)  [Section 10 Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 10 Subsection (1) amended by No. 44 of 2008, s. 10, Applied:01 Jan 2009] A school-aged child is excused from attendance at a school, the Academy or TasTAFE on any day if–

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

(i) sickness; or

(ii) temporary, physical or mental incapacity; or

(iii) [Section 10 Subsection (1) amended by No. 44 of 2008, s. 10, Applied:01 Jan 2009] [Section 10 Subsection (1) amended by No. 25 of 2010, Sched. 1, Applied:01 Jan 2011] [Section 10 Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] any other reasonable cause approved by the principal, a College principal or TasTAFE, as the case may require; and

(b) [Section 10 Subsection (1) amended by No. 72 of 2003, s. 9, Applied:01 Jan 2004] [Section 10 Subsection (1) amended by No. 44 of 2008, s. 10, Applied:01 Jan 2009] [Section 10 Subsection (1) amended by No. 25 of 2010, Sched. 1, Applied:01 Jan 2011] [Section 10 Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] a parent of the child has notified the school's principal, the relevant College principal or TasTAFE within the period specified by the Secretary.

(2)  [Section 10 Subsection (2) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 10 Subsection (2) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] [Section 10 Subsection (2) amended by No. 44 of 2008, s. 10, Applied:01 Jan 2009] [Section 10 Subsection (2) amended by No. 72 of 2003, s. 9, Applied:01 Jan 2004] [Section 10 Subsection (2) substituted by No. 25 of 2010, Sched. 1, Applied:01 Jan 2011] If a school-aged child's non-attendance at a school, the Academy or TasTAFE because of sickness or incapacity extends beyond the period specified by the Secretary, the parent of the child is to provide a certificate from a medical practitioner if requested to do so by the school's principal, the relevant College principal or TasTAFE.

(3)  [Section 10 Subsection (3) amended by No. 25 of 2010, Sched. 1, Applied:01 Jan 2011] [Section 10 Subsection (3) amended by No. 44 of 2008, s. 10, Applied:01 Jan 2009] [Section 10 Subsection (3) substituted by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] The principal or the relevant College principal may require a student not to attend a school or the Academy 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 or the Academy.

(4)  [Section 10 Subsection (4) inserted by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] The chief executive officer of TasTAFE may require a student not to attend TasTAFE 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 chief executive officer considers may be infectious, contagious or harmful to the health of other persons at TasTAFE.

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)  [Section 12 Subsection (1) amended by No. 72 of 2003, s. 10, Applied:01 Jan 2004] A parent of a school-aged child attending a State school may object as a matter of conscience to that child participating in a particular activity.

(2)  [Section 12 Subsection (2) amended by No. 72 of 2003, s. 10, Applied:01 Jan 2004] 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 and stating the reasons, 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)  [Section 14 Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 14 Subsection (1) amended by No. 44 of 2008, s. 11, Applied:01 Jan 2009] The Secretary may authorize a person to investigate any unauthorized absence of a school-aged child from a school, the Academy or TasTAFE.

(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) [Section 14 Subsection (3) amended by No. 44 of 2008, s. 11, Applied:01 Jan 2009] [Section 14 Subsection (3) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] approach any child who appears to the person to be of school age and is apparently not in attendance at a school, the Academy or TasTAFE; and

(b) request the child to provide –

(i) his or her name and address; and

(ii) [Section 14 Subsection (3) amended by No. 44 of 2008, s. 11, Applied:01 Jan 2009] [Section 14 Subsection (3) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] the name and address of the school or the campus of the Academy or TasTAFE normally attended by the child; and

(iii) [Section 14 Subsection (3) amended by No. 44 of 2008, s. 11, Applied:01 Jan 2009] [Section 14 Subsection (3) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] the reason for being absent from school, the Academy or TasTAFE; and

(c) [Section 14 Subsection (3) amended by No. 44 of 2008, s. 11, Applied:01 Jan 2009] [Section 14 Subsection (3) amended by No. 25 of 2010, Sched. 1, Applied:01 Jan 2011] [Section 14 Subsection (3) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] accompany the child to his or her home or school or to the relevant campus of the Academy or TasTAFE 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)  [Section 16 Subsection (1) substituted by No. 44 of 2008, s. 12, Applied:01 Jan 2009] In any proceedings for an offence against this Part, a certificate –

(a) 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; or

(b) [Section 16 Subsection (1) amended by No. 25 of 2010, Sched. 1, Applied:01 Jan 2011] by the Academy executive officer or a College principal certifying that on a specified day a particular child was enrolled at, but did not attend, the Academy for the period or periods specified in the certificate; or

(c) [Section 16 Subsection (1) amended by No. 25 of 2010, Sched. 1, Applied:01 Jan 2011] [Section 16 Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] by the chief executive officer of TasTAFE certifying that on a specified day a particular child was enrolled at, but did not attend, the Polytechnic 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) [Section 17 Subsection (3) amended by No. 72 of 2003, s. 11, Applied:01 Jan 2004] refuse an application for registration as a home educator if the parent has failed to comply with an applicable provision of this Act; or

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

(4)  [Section 17 Subsection (4) amended by No. 44 of 2008, s. 13, Applied:01 Jan 2009] [Section 17 Subsection (4) amended by No. 72 of 2003, s. 11, Applied:01 Jan 2004] The registration of a parent as a home educator authorizes that parent to provide home education to the school-aged child in respect of whom the registration was sought until the child ceases to be a school-aged child, unless the registration has been extended under subsection (4B)(b) .

(4A)  [Section 17 Subsection (4A) amended by No. 44 of 2008, s. 13, Applied:01 Jan 2009] [Section 17 Subsection (4A) inserted by No. 72 of 2003, s. 11, Applied:01 Jan 2004] A parent may apply to extend his or her registration as a home educator for a period not exceeding the equivalent of 2 years full-time study in respect of a student who is no longer a school-aged child.

(4B)  [Section 17 Subsection (4B) inserted by No. 72 of 2003, s. 11, Applied:01 Jan 2004] The Minister may –

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

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

(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)  [Section 20 Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 20 Subsection (1) amended by No. 44 of 2008, s. 14, Applied:01 Jan 2009] 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, a registered school, the Academy or TasTAFE.

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

(3)  [Section 20 Subsection (3) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 20 Subsection (3) amended by No. 44 of 2008, s. 14, Applied:01 Jan 2009] 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, or asked to leave, another State school, the Academy or TasTAFE.

(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

[Section 22 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] Subject to and in accordance with the State Service Act 2000 , 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) [Section 23 Subsection (1) amended by No. 72 of 2003, s. 12, Applied:01 Jan 2004] to implement policies in accordance with the set of beliefs, values and priorities formulated and developed under section 27(a)(i) .

(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)  [Section 24 Subsection (1) amended by No. 44 of 2008, s. 15, Applied:01 Jan 2009] The following persons may apply to the Secretary for the provision of distance education, being education up to and including the last year of secondary education provided by a State school:

(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) [Section 24 Subsection (4) amended by No. 44 of 2008, s. 15, Applied:01 Jan 2009] whether the child or person is otherwise unable to attend school on a regular basis;

(f) [Section 24 Subsection (4) amended by No. 44 of 2008, s. 15, Applied:01 Jan 2009] any other matter the Secretary considers relevant.

(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 associations

[Division 2 of Part 3 Substituted by No. 72 of 2003, s. 13, Applied:01 Jan 2005]

26.   School associations

[Section 26 Substituted by No. 72 of 2003, s. 13, Applied:01 Jan 2005]

(1)  A State school must have a school association established under this Division.

(2)  A State school is to submit to the Minister a draft constitution of the proposed school association.

(3)  The Minister is to establish a school association for a State school if satisfied that the draft constitution is appropriate.

(4)  Any change to the constitution of a school association must have the prior approval of the Minister.

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

27.   Functions of school associations

[Section 27 Substituted by No. 72 of 2003, s. 13, Applied:01 Jan 2005] A school association has the following functions:

(a) to participate in the formulation and development of –

(i) a set of beliefs, values and priorities for the school; and

(ii) the school policies and code of conduct;

(b) to provide advice and recommendations to the principal in relation to the general operations and management of the school;

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

(d) to foster cooperation among teachers, students, members of the school association, parents and the community;

(e) to provide advice and recommendations to the Secretary on any matter relating to policy;

(f) to approve the school budget;

(g) any other function the Minister determines.

28.   Powers of school associations

[Section 28 Substituted by No. 72 of 2003, s. 13, Applied:01 Jan 2005]

(1)  A school association has the following powers:

(a) to carry out trading activities not relating to education for the benefit of the school;

(b) to provide, or assist in the provision of, financial or other resources or services for the benefit of the school.

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

(3)  A school association must exercise its powers in accordance with any instructions issued by the Secretary.

29.   Annual report

[Section 29 Substituted by No. 72 of 2003, s. 13, Applied:01 Jan 2005] A school association is to provide to the principal and the school community once in every 12 months a report of its activities for the period to which the report relates.

30.   

[Section 30 Repealed by No. 72 of 2003, s. 13, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

31.   

[Section 31 Repealed by No. 72 of 2003, s. 13, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

32.   

[Section 32 Repealed by No. 72 of 2003, s. 13, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

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) [Section 35 Amended by No. 72 of 2003, s. 14, Applied:01 Jan 2004] to assess the quality of education in State schools; and

(b) [Section 35 Amended by No. 72 of 2003, s. 14, Applied:01 Jan 2004] to evaluate the educational programmes provided by State schools.

Division 4 - Discipline

36.   Unacceptable behaviour

(1)  [Section 36 Subsection (1) amended by No. 72 of 2003, s. 15, Applied:01 Jan 2004] A student of a State school is to behave in a manner acceptable to the principal.

(2)  [Section 36 Subsection (2) amended by No. 72 of 2003, s. 15, Applied:01 Jan 2004] Behaviour which is not acceptable 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) [Section 36 Subsection (2) amended by No. 72 of 2003, s. 15, Applied:01 Jan 2004] is likely to bring that school into disrepute; or

(g) [Section 36 Subsection (2) amended by No. 72 of 2003, s. 15, Applied:01 Jan 2004] constitutes any other behaviour that the Secretary determines.

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.

(6)  [Section 38 Subsection (6) inserted by No. 44 of 2008, s. 16, Applied:01 Jan 2009] In this section –

student includes a student who has been suspended or expelled from a school under this section.

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.

(3)  [Section 40 Subsection (3) inserted by No. 72 of 2003, s. 16, Applied:01 Jan 2004] The parent of a student who is transferred may request that the Secretary provide reasons in writing for that transfer.

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)  [Section 41 Subsection (3) amended by No. 72 of 2003, s. 17, Applied:01 Jan 2004] The Secretary may authorize the principal of a State school to impose levies in respect of incidental costs and expenses incurred in respect of providing educational instruction.

(4)  [Section 41 Subsection (4) amended by No. 72 of 2003, s. 17, Applied:01 Jan 2004] The Secretary may authorise the principal of a State school to 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)  [Section 42 Subsection (1) amended by No. 72 of 2003, s. 18, Applied:01 Jan 2004] The Secretary may authorize the principal of a State school to hire out any facilities or equipment 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.   

[Section 44 Repealed by No. 72 of 2003, s. 19, Applied:01 Jan 2004] .  .  .  .  .  .  .  .  

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)  [Section 46 Subsection (1) amended by No. 72 of 2003, s. 20, Applied:01 Jan 2004] A child who, on 1 January in any year, is at least 4 years of age and has not attained the age of 5 years is entitled to be enrolled at, and attend, a State school.

(1A)  [Section 46 Subsection (1A) inserted by No. 78 of 2009, s. 4, Applied:11 Dec 2009] The Secretary may allow a child who has not attained the age of 4 years, or a class of children who have not attained the age of 4 years, to be enrolled at, and attend, a State school if the Secretary believes that it is in the best interests of the child or children.

(1B)  [Section 46 Subsection (1B) inserted by No. 78 of 2009, s. 4, Applied:11 Dec 2009] For the avoidance of doubt, where, before the commencement of the Education Amendment Act 2009 , any child was enrolled at, and attended, a State school before attaining the age of 4 years, that enrolment, and that attendance, is taken to have been valid.

(2)  [Section 46 Subsection (2) amended by No. 78 of 2009, s. 4, Applied:11 Dec 2009] The Secretary may issue instructions in respect of the attendance at a State school of children referred to in this section.

47.   Entitlement to complete secondary education provided by State school

[Section 47 Subsection (1) amended by No. 72 of 2003, s. 21, Applied:01 Jan 2004] [Section 47 Substituted by No. 44 of 2008, s. 17, Applied:01 Jan 2009]

(1)  If a person is not a school-aged child and has not completed secondary education at the level provided by State schools, that person is entitled, subject to section 47D , to attend a State school –

(a) until the person completes the final year of secondary education provided by State schools; or

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

whichever occurs first.

(2)  If a person is entitled to attend a State school under subsection (1) , the Secretary may determine which schools, or which class of schools, the person may attend.

47A.   Attending State school after compulsory education

[Section 47A Inserted by No. 72 of 2003, s. 22, Applied:01 Jan 2004] [Section 47A Substituted by No. 44 of 2008, s. 17, Applied:01 Jan 2009]

(1)  If a person is not a school-aged child and –

(a) he or she is not entitled to attend a State school under section 47 ; or

(b) his or her entitlement under section 47 to attend a State school has come to an end –

the person may apply to the principal of a State school to attend or continue attending that school.

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

(3)  Subject to section 47D , the principal may –

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

(b) refuse to grant the application.

47B.   Entitlement to attend Academy or TasTAFE

[Section 47B Inserted by No. 44 of 2008, s. 17, Applied:01 Jan 2009]

(1)  In this section –

post-Year 10 secondary education and training means secondary education and training that is usually undertaken by persons following the completion of the fourth year of secondary education, being the year commonly known as Year 10.

(2)  [Section 47B Subsection (2) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] If a person is not a school-aged child and has not completed the equivalent of 2 years of full-time study of post-Year 10 secondary education and training, that person is entitled, subject to section 47D , to attend the Academy or TasTAFE for a period not exceeding the equivalent of 2 years of full-time study.

(3)  If –

(a) [Section 47B Subsection (3) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] a person is entitled to attend the Academy or TasTAFE under subsection (2) ; and

(b) [Section 47B Subsection (3) amended by No. 25 of 2010, Sched. 1, Applied:01 Jan 2011] there is a dispute as to which the person may attend, the Secretary may determine the matter.

47C.   Attending Academy or TasTAFE after entitlement ends

[Section 47C Inserted by No. 44 of 2008, s. 17, Applied:01 Jan 2009]

(1)  [Section 47C Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 47C Subsection (1) amended by No. 25 of 2010, Sched. 1, Applied:01 Jan 2011] If a person is not a school-aged child and –

(a) [Section 47C Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] he or she is not entitled to attend the Academy or TasTAFE under section 47B ; or

(b) [Section 47C Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] his or her entitlement under section 47B to attend the Academy or TasTAFE has come to an end –

the person may apply to the Academy executive officer or the chief executive officer of TasTAFE to attend or continue attending the Academy or TasTAFE.

(2)  [Section 47C Subsection (2) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 47C Subsection (2) amended by No. 25 of 2010, Sched. 1, Applied:01 Jan 2011] An application is to be in a form approved by the Academy executive officer or the chief executive officer of TasTAFE.

(3)  [Section 47C Subsection (3) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 47C Subsection (3) amended by No. 25 of 2010, Sched. 1, Applied:01 Jan 2011] Subject to section 47D , the Academy executive officer or the chief executive officer of TasTAFE may –

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

(b) refuse to grant the application.

47D.   Requirement that person be of good character

[Section 47D Inserted by No. 44 of 2008, s. 17, Applied:01 Jan 2009]

(1)  [Section 47D Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 47D Subsection (1) amended by No. 25 of 2010, Sched. 1, Applied:01 Jan 2011] If –

(a) [Section 47D Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] a person is entitled to attend a State school, the Academy or TasTAFE under section 47 or 47B ; or

(b) [Section 47D Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] an application is made for the applicant to attend or continue attending a State school, the Academy or TasTAFE under section 47A or 47C  –

the Secretary, Academy executive officer or chief executive officer of TasTAFE may require to be satisfied that the applicant is of good character before the application may be granted.

(2)  [Section 47D Subsection (2) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 47D Subsection (2) amended by No. 25 of 2010, Sched. 1, Applied:01 Jan 2011] In order to be satisfied as to the good character of the applicant, the Secretary, Academy executive officer or chief executive officer of TasTAFE may require the Commissioner of Police to provide a report in respect of any convictions or proceedings taken against the applicant.

(3)  Sections 22(1) , 31(1) , 45(1) and 108 of the Youth Justice Act 1997 do not apply to the identification, in a report provided under subsection (2) , of an applicant who is a youth as defined in that Act in respect of any action or proceedings referred to in those sections.

47E.   Determining what is equivalent of 2 years of full-time study

[Section 47E Inserted by No. 44 of 2008, s. 17, Applied:01 Jan 2009] If there is a dispute as to whether a person has completed, or what constitutes, the equivalent of 2 years of full-time study for the purposes of section 47 or 47B  –

(a) the dispute is to be determined by the Minister; and

(b) the Minister's determination is final.

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

[Section 51 Amended by No. 72 of 2003, s. 23, Applied:01 Jan 2004] A person or body must not operate a school or a campus of 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;

(fa) [Section 53 Subsection (1) amended by No. 72 of 2003, s. 24, Applied:01 Jan 2004] the financial viability of the school;

(fb) [Section 53 Subsection (1) amended by No. 72 of 2003, s. 24, Applied:01 Jan 2004] the proposed arrangements for the governance and administration of the school;

(fc) [Section 53 Subsection (1) amended by No. 72 of 2003, s. 24, Applied:01 Jan 2004] the likely impact of the registration of the school on existing schools in the same geographical area;

(fd) [Section 53 Subsection (1) amended by No. 72 of 2003, s. 24, Applied:01 Jan 2004] the proposed grievance process;

(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;

(ba) [Section 54 Amended by No. 72 of 2003, s. 25, Applied:01 Jan 2004] distance education;

(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.   Reviews

[Section 62 Substituted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] A person or body may apply to the Magistrates Court (Administrative Appeals Division) for a review of –

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

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

(c) the cancellation of registration as a school.

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

[Section 70 Substituted by No. 72 of 2003, s. 26, Applied:01 Jan 2004] The governing body of a registered school which receives a grant or subsidy must submit to the Secretary, within 6 months after the end of the school's relevant financial year, a statement by an independent auditor certifying that the grant or subsidy was used for the purposes for which it was made or granted.

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 - .  .  .  .  .  .  .  .  

[Part 6 Repealed by No. 62 of 2003, Sched. 4, Applied:01 Jan 2004]

72.   

[Section 72 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 72 Repealed by No. 62 of 2003, Sched. 4, Applied:01 Jan 2004] .  .  .  .  .  .  .  .  

73.   

[Section 73 Repealed by No. 62 of 2003, Sched. 4, Applied:01 Jan 2004] .  .  .  .  .  .  .  .  

74.   

[Section 74 Repealed by No. 62 of 2003, Sched. 4, Applied:01 Jan 2004] .  .  .  .  .  .  .  .  

75.   

[Section 75 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 75 Repealed by No. 62 of 2003, Sched. 4, Applied:01 Jan 2004] .  .  .  .  .  .  .  .  

76.   

[Section 76 Repealed by No. 62 of 2003, Sched. 4, Applied:01 Jan 2004] .  .  .  .  .  .  .  .  

77.   

[Section 77 Repealed by No. 62 of 2003, Sched. 4, Applied:01 Jan 2004] .  .  .  .  .  .  .  .  

78.   

[Section 78 Repealed by No. 62 of 2003, Sched. 4, Applied:01 Jan 2004] .  .  .  .  .  .  .  .  

79.   

[Section 79 Repealed by No. 62 of 2003, Sched. 4, Applied:01 Jan 2004] .  .  .  .  .  .  .  .  

80.   

[Section 80 Repealed by No. 62 of 2003, Sched. 4, Applied:01 Jan 2004] .  .  .  .  .  .  .  .  

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.

(1A)  [Section 81 Subsection (1A) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 81 Subsection (1A) inserted by No. 44 of 2008, s. 18, Applied:01 Jan 2009] A school-aged child, the parent of a school-aged child or a person who is entitled to attend the Academy or TasTAFE under section 47B during a year may apply to the Secretary for financial assistance in respect of –

(a) [Section 81 Subsection (1A) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] any levy made under section 33(1)(b) of the Education and Training (Tasmanian Academy) Act 2008 or section 86 of the Training and Workforce Development Act 2013 and imposed in relation to his or her attendance at the Academy or TasTAFE during that year; or

(b) [Section 81 Subsection (1A) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] any essential materials the school-aged child or person requires to continue his or her education and training at the Academy or TasTAFE during that year; or

(c) [Section 81 Subsection (1A) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] any accommodation costs incurred by the school-aged child or person living away from home to continue education and training at the Academy or TasTAFE during that year.

(2)  [Section 81 Subsection (2) amended by No. 44 of 2008, s. 18, Applied:01 Jan 2009] The Secretary may grant financial assistance applied for under subsection (1) or (1A) if satisfied that–

(a) [Section 81 Subsection (2) amended by No. 44 of 2008, s. 18, Applied:01 Jan 2009] the income of the applicant or, in an appropriate case, the parent of the applicant is less than an amount the Secretary may determine; or

(b) [Section 81 Subsection (2) amended by No. 44 of 2008, s. 18, Applied:01 Jan 2009] the applicant or, in an appropriate case, the parent of the applicant is of a class of persons determined by the Secretary to be entitled to assistance; or

(c) [Section 81 Subsection (2) amended by No. 44 of 2008, s. 18, Applied:01 Jan 2009] [Section 81 Subsection (2) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] in respect of accommodation costs, the normal residence of the student, school-aged child or person attending the Academy or TasTAFE is at least 40 kilometres from the nearest appropriate school or appropriate campus of the Academy or TasTAFE.

(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)  [Section 81 Subsection (4) amended by No. 44 of 2008, s. 18, Applied:01 Jan 2009] A person who may apply for financial assistance under subsection (1) or (1A) also 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) [Section 81 Subsection (5) amended by No. 44 of 2008, s. 18, Applied:01 Jan 2009] the income of the applicant or, in an appropriate case, the applicant's parents is less than an amount the Secretary may determine; and

(b) [Section 81 Subsection (5) amended by No. 44 of 2008, s. 18, Applied:01 Jan 2009] [Section 81 Subsection (5) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] the spectacles are necessary in order for the student, school-aged child or person attending the Academy or TasTAFE 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

[Section 82 Amended by No. 72 of 2003, s. 27, Applied:01 Jan 2004] [Section 82 Amended by No. 44 of 2008, s. 19, Applied:01 Jan 2009] [Section 82 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] 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, the Academy or TasTAFE or undertake home education, except as authorised by the Secretary.

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

[Section 86 Amended by No. 62 of 2003, Sched. 4, Applied:01 Jan 2004] Any person or member of the Registration 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.   Annual report

(1)  [Section 88 Subsection (1) amended by No. 50 of 2008, Sched. 1, Applied:01 Mar 2009] .  .  .  .  .  .  .  .  

(2)  [Section 88 Subsection (2) amended by No. 50 of 2008, Sched. 2, Applied:01 Jul 2010] The Registration Board must submit to the Secretary by 15 August in each year a report on their activities for the previous financial year.

89.   Records

[Section 89 Amended by No. 62 of 2003, Sched. 4, Applied:01 Jan 2004] The Registration Board is to keep–

(a) [Section 89 Amended by No. 62 of 2003, Sched. 4, Applied:01 Jan 2004] full and accurate minutes of its proceedings; and

(b) [Section 89 Amended by No. 62 of 2003, Sched. 4, Applied:01 Jan 2004] correct accounts of its 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) [Section 90 Amended by No. 62 of 2003, Sched. 4, Applied:01 Jan 2004] any subsidy granted under Division 3 of Part 5 .

(d) [Section 90 Amended by No. 62 of 2003, Sched. 4, Applied:01 Jan 2004] .  .  .  .  .  .  .  .  

(e) [Section 90 Amended by No. 62 of 2003, Sched. 4, Applied:01 Jan 2004] .  .  .  .  .  .  .  .  

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.   

[Section 94 Repealed by No. 62 of 2003, Sched. 4, Applied:01 Jan 2004] .  .  .  .  .  .  .  .  

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

[Schedule 2 Repealed by No. 62 of 2003, Sched. 4, Applied:01 Jan 2004]

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 .