Australian Capital Territory
Education Act 2004    
A2004-17
Republication No 15
Effective:  1 January 2012 – 1 January 2012
Republication date: 1 January 2012
Last amendment made by A2011-51

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Education Act 2004 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 January 2012.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 January 2012.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Education Act 2004

Contents
	Page
Chapter 1	General
Part 1.1	Preliminary
	1	Name of Act	2
	3	Dictionary	2
	4	Notes	2
	5	Offences against Act—application of Criminal Code etc	3
	6	Meaning of parent and carer	3
Part 1.2	General principles and objects
	7	General principles of Act	4
	8	Main objects of Act	5
Chapter 2	Compulsory education
Part 2.1	Preliminary—ch 2
	9	Meaning of compulsory education age—ch 2	7
	9A	Meaning of education course and education provider—Act	7
	9B	Meaning of completes year 10—Act	8
	9C	Meaning of completes year 12—Act	9
	9D	Guidelines—certain director‑general functions	11
Part 2.2	Compulsory education requirements
Division 2.2.1	Enrolment, registration and attendance requirements
	10	Child of compulsory education age—enrolment and registration requirement	12
	10A	Child of compulsory education age—school attendance requirement	13
Division 2.2.2	Participation requirement
	10B	Meaning of participates in education course—div 2.2.2	14
	10C	Meaning of full-time participation in education course—div 2.2.2	15
	10D	Child of compulsory education age—participation requirement	16
	11	Participation requirement—absence	16
	11A	Participation requirement—suspension	17
	11B	Participation requirement—exclusion	17
Division 2.2.3	Information requirement
	11C	Giving information notice	18
	11D	Contents of information notice	18
	11E	Extension of time for compliance with information notice	19
	11F	Revocation of information notice on compliance	19
Part 2.3	Exemption certificates
	11G	Meaning of full-time participation requirement—pt 2.3	20
	11H	Exemption certificate—application	20
	12	Exemption certificate—requirement for further information	21
	12A	Exemption certificate—issue	21
	12B	Exemption certificate—form	22
	12C	Exemption certificate—conditions	23
	12D	Exemption certificate—duration	23
	13	Exemption certificate—revocation	23
Part 2.4	After year 10—training and employment alternatives
Division 2.4.1	Definitions—pt 2.4
	13A	Meaning of training alternative and training alternative provider—Act	24
	13B	Meaning of employment alternative—Act	25
	13C	Meaning of full-time participation in training or employment alternative—pt 2.4	25
Division 2.4.2	Approval to participate in training and employment alternatives
	13D	Approval statement—application	26
	14	Approval statement—requirement for further information	27
	14A	Approval statement—issue	27
	14B	Approval statement—form	28
	14C	Approval statement—conditions	29
	14D	Approval statement—compliance requirement	30
	15	Approval statement—duration	31
	15A	Approval statement—revocation	31
	15B	Return to education while approval statement in force	31
Division 2.4.3	Training and employment alternatives—deemed participation
	15C	Training and employment alternatives—absence	31
	15D	Training alternative—suspension	32
	16	Training alternative—exclusion	32
	16A	Employment alternative—termination	33
Part 2.5	Compliance notices
	16B	Giving compliance notice	34
	16C	Contents of compliance notice	34
	16D	Extension of time for compliance with compliance notice	35
	17	Revocation of compliance notice on compliance	35
Part 2.6	Offences—parents
	17A	Contravention of information and compliance notices	36
Chapter 3	Government schools
Part 3.1	General
	18	Principles on which ch 3 based	37
Part 3.2	Establishment and operation of government schools
	20	Establishing government schools etc	39
	20A	Independent committee	42
	20B	Impacts of closing or amalgamating schools	43
	21	Operation of government schools	45
	22	Investigation of complaints—government schools	46
	23	Review of government school system	46
	24	Review of operation of government schools	46
	25	Reporting to parents—government schools	47
	26	Education to be free	47
	27	Voluntary financial contributions	48
	28	Secular education	48
	29	Religious education	49
	30	Curriculum	49
	31	Approved educational courses for students at government schools	49
Part 3.3	Attendance at government schools
	32	Keeping of register of enrolments and attendances for government schools	51
	33	Keeping records of enrolment and attendances for government schools	51
	34	Inspection of register of enrolment and attendances for government schools	52
	35	Procedures to encourage school attendance at government schools	53
	36	Suspension, exclusion or transfer of student by director‑general	53
Part 3.4	School boards of government schools
Division 3.4.1	Interpretation
	37	Definitions for pt 3.4	57
Division 3.4.2	Establishment and membership
	38	Establishment of school boards	58
	39	Functions of school boards etc	58
	40	Declaration of parents and citizens associations in certain circumstances	59
	41	Composition of school boards generally	60
	42	Composition of school boards of small schools	62
	43	Composition of school boards of school-related institutions and other schools in special circumstances	63
	44	Ending of appointment of members of school board	65
	45	Chairperson and deputy chairperson of school boards	65
	46	School boards to take part in selection of school principals	66
Division 3.4.3	Proceedings of school boards
	47	Time and place of meetings of school boards	66
	48	Procedures governing proceedings of school boards	67
	49	Disclosure of interests by members of school boards	68
	49A	Protection of members of school boards	69
Division 3.4.4	Financial matters
	50	School boards to approve budgets	69
	51	Application of money of school	70
	52	School boards to approve financial statement and report	70
	53	School boards to make available summaries of budget and annual report	71
Part 3.5	Government Schools Education Council
Division 3.5.1	Establishment and membership
	54	Establishment of council (government)	72
	55	Functions of council (government)	72
	56	Membership of council (government)	72
	57	Appointed members of council (government)	72
	58	Deputy chairperson of council (government)	74
	59	Term of appointment to council (government)	74
	60	Ending of appointment to council (government)	74
	61	Conditions of appointment generally of appointed members	75
	62	Arrangements for staff	75
Division 3.5.2	Proceedings of council (government)
	63	Time and place of meetings of council (government)	75
	64	Procedures governing proceedings of council (government)	76
	65	Disclosure of interests by members of council (government)	77
Division 3.5.3	Other provisions relating to council (government)
	66	Minister to seek advice	78
	66A	Minister to present advice of council (government)	78
Part 3.6	Other provisions
Division 3.6.1	Authorised persons (government)
	67	Appointment of authorised persons (government)	79
	68	Identity cards for authorised persons (government)	80
Division 3.6.2	Inspection powers for government schools
	69	Power not to be exercised before identity card shown etc	80
	70	Entry to government schools	81
	71	Powers on entry	81
Chapter 4	Non-government schools
Part 4.1	General
	74	Meaning of school in ch 4	82
	75	Principles on which ch 4 based	82
	77	Registrar	83
	78	Functions of registrar	83
	79	Register of non-government schools	83
	80	Availability of information about operation of non-government schools and their educational programs	83
	81	Approved educational courses for students at non-government schools	84
Part 4.2	Registration—non-government schools
	82	Schools to be registered	85
	83	Applications for in-principle approval for proposed registration	85
	84	Deciding in-principle applications	86
	85	Application for provisional registration	88
	86	Provisional registration	89
	87	Application for registration	91
	88	Registration	91
	88A	Application for registration at additional campus	93
	88B	Registration at additional campus	94
	89	Application for registration at additional educational levels	96
	90	Registration at additional educational levels	97
	91	Conditions of provisional registration or registration	99
	92	Certificate of provisional registration or registration	99
	93	Period of provisional registration and registration	100
	94	Investigation of complaints—non-government schools	101
	95	Cancellation of provisional registration or registration	101
	96	Application for renewal of registration	102
	97	Renewal of registration	103
	98	Inspection of panel reports for school registration etc	104
Part 4.3	Attendance at non-government schools
	99	Keeping of register of enrolments and attendances for non-government schools	106
	100	Keeping records of enrolment and attendances for non-government schools	106
	101	Inspection of register of enrolment and attendances for non-government schools	107
	102	Procedures to encourage attendance at non-government schools	108
	103	Reporting to parents—non-government schools	108
	104	Suspension, transfer or exclusion of students—Catholic systemic schools	108
	105	Suspension or exclusion of students—other non-government schools	111
Part 4.4	Non-government Schools Education Council
Division 4.4.1	Establishment and membership
	106	Establishment of council (non-government)	114
	107	Functions of council (non-government)	114
	108	Membership of council (non-government)	114
	109	Members of council (non-government)	115
	110	Deputy chairperson of council (non-government)	115
	111	Term of appointment to council (non-government)	116
	112	Ending of appointment to council (non-government)	116
	113	Conditions of appointment generally of council (non-government) members	116
	114	Arrangements for staff	117
Division 4.4.2	Proceedings of council (non-government)
	115	Time and place of meetings of council (non-government)	117
	116	Proceedings of council (non-government)	117
	117	Disclosure of interests by members of council (non-government)	117
Division 4.4.3	Other provisions relating to council (non-government)
	118	Minister to seek advice	118
	118A	Minister to present advice of council (non-government)	119
Part 4.5	Other provisions
Division 4.5.1	Authorised persons (non-government)
	119	Appointment of authorised persons (non-government)	120
	120	Identity cards for authorised persons (non-government)	121
Division 4.5.2	Inspection powers for non‑government schools
	121	Power not to be exercised before identity card shown etc	121
	122	Entry to non-government schools for inspections	122
	123	Entry to non-government schools with consent	122
	124	Consent to entry	122
	125	Powers on entry	123
Chapter 5	Home education
Part 5.1	General
	128	Principles on which ch 5 based	124
Part 5.2	Registration—home education
	129	Meaning of home education	125
	130	Provisional registration for home education	125
	131	Registration for home education	125
	132	Conditions of registration for home education	126
	133	Registration of child	126
	134	Period of registration	127
	135	Cancellation of registration for home education	127
	136	Certificate of registration for home education	128
	137	Renewal of registration for home education	128
	138	Home education reports	129
	139	Home education register	129
Chapter 6	Miscellaneous
Part 6.1	Notification and review of decisions
	140	Definitions—pt 6.1	130
	141	Internal review notices	131
	142	Applications for internal review	131
	143	Applications not stay reviewable decisions	132
	144	Internal review	132
	145	Reviewable decision notices	132
	145A	Applications to ACAT	133
Part 6.2	Other provisions
	146A	Student transfer register	134
	147	Offences on school premises	134
	148	Obligations on parents	135
	149	Notification of parents	135
	150	Minister may grant scholarships etc	135
	151	Gifts and donations	136
	152	Education trust fund	136
	153	Notices of intention under former education Act to conduct schools at additional educational levels	137
	153A	Evidence—certificate signed by principal etc	138
	154	Approved forms	139
	155	Regulation-making power	140
Chapter 9	Transitional—Education (Participation) Amendment Act 2009
	300	Meaning of amending Act—ch 9	141
	301	Application of amending Act	141
	302	Transitional regulations	142
	303	Expiry—ch 9	142
Schedule 1	Reviewable decisions	143
Dictionary		148
Endnotes
	1	About the endnotes	156
	2	Abbreviation key	156
	3	Legislation history	157
	4	Amendment history	159
	5	Earlier republications	173

Australian Capital Territory
Education Act 2004

An Act about the education of children in the ACT, and for other purposes

    

Chapter 1	General

Part 1.1	Preliminary
    
1	Name of Act
This Act is the Education Act 2004.
3	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
	For example, the signpost definition ‘carer—see section 6.’ means that the term ‘carer’ is defined in that section.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5	Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act. 
Note 1	Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).  
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
6	Meaning of parent and carer
	(1)	In this Act, a parent includes a carer.
	(2)	In this Act, a parent is a person having parental responsibility for the child under the Children and Young People Act 2008, division 1.3.2.
	(3)	In this Act, a carer is a person who is an out-of-home carer under the Children and Young People Act 2008, section 508 (Who is an out-of-home carer?).

Part 1.2	General principles and objects
    
7	General principles of Act
	(1)	Everyone involved in the administration of this Act, or in the school or home education of children in the ACT, is to apply the principle that every child has a right to receive a high-quality education.
	(2)	Without limiting subsection (1), a high-quality education is based on the following principles:
	(a)	school education and home education provide a foundation for a democratic society;
	(b)	school education and home education should—
	(i)	aim to develop every child’s potential and maximise educational achievements; and
	(ii)	promote children’s enthusiasm for lifelong learning and optimism for the future; and
	(iii)	encourage parents to take part in the education of their children, and recognise their right to choose a suitable educational environment; and
	(iv)	promote respect for and tolerance of others; and
	(v)	recognise the social, religious, physical, intellectual and emotional needs of all students; and
	(vi)	aim over time to improve the learning outcomes of students so that the outcomes are free from disadvantage because of economic, social, cultural or other causes; and
	(vii)	encourage all students to complete their senior secondary education; and
	(viii)	provide access to a broad education; and
	(ix)	recognise the needs of Indigenous students;
	(c)	innovation, diversity and opportunity within and among schools should be encouraged;
	(d)	effective quality assurance mechanisms should be applied to school education;
	(e)	government funding should be directed to students through their schools or school system;
	(f)	the partnership between the home, community and educational providers should be recognised;
	(g)	school communities should be given information about the operation of their schools.
	(3)	Everyone involved in the administration of this Act, or in the school education of children in the ACT, is to apply the principle that school education—
	(a)	recognises the individual needs of children with disabilities; and
	(b)	should make appropriate provision for those needs, unless it would impose unjustifiable hardship on the provider of the school education.
	(4)	Corporal punishment is not allowed in ACT schools.
8	Main objects of Act
The main objects of this Act are—
	(a)	to state the responsibilities of parents and the government in relation to education and the principles and values on which government and non-government school education and home education are based; and
	(b)	to promote compulsory education by ensuring that—
	(i)	children complete year 10; and
	(ii)	children participate in education until they are 17 years old or complete year 12 (whichever happens first), with the opportunity to participate in training or employment after year 10; and
	(c)	to state the circumstances in which school attendance is not required, including providing for suspension and exclusion from school; and
	(d)	to provide for the operation and governance of government schools; and
	(e)	to provide for the registration of non-government schools and home education.

Chapter 2	Compulsory education
Part 2.1	Preliminary—ch 2
9	Meaning of compulsory education age—ch 2
For this chapter, a child is of compulsory education age if the child is at least 6 years old and under the age that the first of the following happens:
	(a)	the child is 17 years old;
	(b)	the child completes year 12.
9A	Meaning of education course and education provider—Act
	(1)	For this Act, each of the courses mentioned in table 9A, column 2 is an education course, and the entity mentioned in column 3 for the course is the provider (the education provider) of the course.
	(2)	Also, the director‑general may approve another course as an education course and an entity as the provider (the education provider) of the course.
	(3)	An approval is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
Table 9A
column 1
item	column 2
education course	column 3
education provider	
1	a course of study	a school	
2	a course of study	a school under a law of a State or another Territory	
3	a course of study leading to the completion of year 10 or year 12	a registered training organisation under the Training and Tertiary Education Act 2003 or a registered training organisation (however described) under a law of a State or another Territory	
4	a vocational education and training course under the Training and Tertiary Education Act 2003	a registered training organisation under the Training and Tertiary Education Act 2003	
5	a vocational education and training course (however described) under a law of a State or another Territory	a registered training organisation (however described) under a law of a State or another Territory	
6	a higher education course under the Training and Tertiary Education Act 2003	a higher education provider under the Training and Tertiary Education Act 2003	
7	a higher education course under the Training and Tertiary Education Act 2003	a university under the Training and Tertiary Education Act 2003	
9B	Meaning of completes year 10—Act
	(1)	For this Act, a child completes year 10 at an education provider if the child—
	(a)	is awarded or has completed the requirements for being awarded a year 10 certificate (however described) by the provider; or
	(b)	is given or has completed the requirements for being given a high school record (however described) in relation to year 10 by the provider; or
	(c)	is awarded a certificate (however described) approved by the director‑general.
	(2)	An approval is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(3)	Also, for this Act, a child completes year 10 if—
	(a)	the child is awarded or has completed the requirements for being awarded a year 10 certificate (however described) in a State or another Territory under a law of the State or Territory; or
	(b)	the director‑general is satisfied on reasonable grounds that the child has completed year 10 or its equivalent in the ACT, a State, another Territory or a foreign country.
	(4)	A child mentioned in subsection (3) (b) may be given a certificate or record by the director‑general.
Note	If a form is approved under s 154 for s (4), the form must be used.
9C	Meaning of completes year 12—Act
	(1)	For this Act, a child completes year 12 if the child is awarded or has completed the requirements for being awarded—
	(a)	a year 12 certificate (however described) by the Board of Senior Secondary Studies under the Board of Senior Secondary Studies Act 1997; or
	(b)	a certificate equivalent to a year 12 certificate that shows completion of a higher education pre-entry course; or
Examples
1	the Certificate of General Education for Adults (at Certificate II or above)
2	the International Baccalaureate
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(c)	a certificate equivalent to a year 12 certificate issued under the AQF; or
Example
the Australian Qualification Framework (AQF) Certificate II
	(d)	a certificate (however described) approved by the director‑general.
	(2)	An approval is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(3)	Also, for this Act, a child completes year 12 if—
	(a)	the child is awarded or has completed the requirements for being awarded a year 12 certificate (however described) in a State or another Territory under a law of the State or Territory; or
	(b)	the director‑general is satisfied on reasonable grounds that the child has completed year 12 or its equivalent in the ACT, a State, another Territory or a foreign country.
	(4)	A child mentioned in subsection (3) (b) may be given a certificate or record by the director‑general.
Note	If a form is approved under s 154 for s (4), the form must be used.
	(5)	In this section:
AQF—see the Training and Tertiary Education Act 2003, dictionary.
9D	Guidelines—certain director‑general functions
	(1)	The director‑general may make guidelines about the exercise of the director‑general’s functions under the following provisions:
·	section 10 (6) (c) (Child of compulsory education age—enrolment and registration requirement);
·	section 10A (3) (Child of compulsory education age—enrolment and registration requirement);
·	section 10D (4) (Child of compulsory education age—participation requirement);
·	section 14D (3) (Approval statement—compliance requirement).
	(2)	A guideline is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(3)	The director‑general must comply with any guidelines.

Part 2.2	Compulsory education requirements
Division 2.2.1	Enrolment, registration and attendance requirements
10	Child of compulsory education age—enrolment and registration requirement
	(1)	This section applies if a child—
	(a)	lives in the ACT; and
	(b)	is of compulsory education age.
	(2)	The child’s parents must do either or both of the following:
	(a)	enrol the child at an education provider for the purpose of the provider’s education course not later than 14 days after the day the course starts;
	(b)	apply to register the child for home education not later than 10 school term days after the first of the following happens:
	(i)	the start of the school year;
	(ii)	the day the child begins to live in the ACT.
	(3)	Also, the child’s parents must enrol the child under subsection (2) (a) not later than 10 school term days after—
	(a)	the day the child turns 6 years old; or
	(b)	for a child who has not completed year 10—the day the child begins to live in the ACT.
	(4)	If the child’s enrolment at an education provider is cancelled by the child’s parents, the parents must do either or both of the following within 14 days after the day the enrolment is cancelled:
	(a)	enrol the child at another education provider for the purpose of the provider’s education course;
	(b)	apply to register the child for home education.
Note	If a form is approved under s 154 for this provision, the form must be used.
	(5)	If the child’s registration for home education is cancelled under section 135 (Cancellation of registration for home education), the parents must enrol the child at an education provider for the purpose of the provider’s education course not later than 14 days after the day the cancellation takes effect.
Note	See s 135 (6) for when the cancellation of registration for home education takes effect.
	(6)	This section does not apply if—
	(a)	an exemption certificate is in force for the child; or
	(b)	the child is participating in a training or employment alternative in accordance with part 2.4 (After year 10—training and employment alternatives); or
	(c)	the child’s parents have an excuse for not complying with this section that the director‑general is satisfied is a reasonable excuse.
Note 1	The director‑general must comply with any guidelines about the exercise of the director‑general’s functions under s (6) (c) (see s 9D).
Note 2	For offences in relation to this requirement, see pt 2.6 (Offences—parents).
10A	Child of compulsory education age—school attendance requirement
	(1)	This section applies if a child—
	(a)	lives in the ACT; and
	(b)	is of compulsory education age; and
	(c)	is enrolled at a school.
	(2)	The child’s parents must ensure that the child—
	(a)	attends the school on every day, and during the times on every day, when the school is open for attendance; and
	(b)	attends every activity of the school (including attendance at an approved educational course) that the school requires the child to attend.
	(3)	This section does not apply if the child’s parents have an excuse for not complying with this section that the director‑general is satisfied is a reasonable excuse.
Note 1	The director‑general must comply with any guidelines about the exercise of the director‑general’s functions under s (3) (see s 9D).
Note 2	For offences in relation to this requirement, see pt 2.6 (Offences—parents).
Division 2.2.2	Participation requirement
10B	Meaning of participates in education course—div 2.2.2
For this division, a child participates in an education course if the child complies with—
	(a)	the provider’s requirements about physically attending, at particular times, the provider’s premises or another place; or
	(b)	for an education course that is completed by distance education (however described)—the provider’s requirements for distance education.
Examples—par (b)
1	complete and return the assigned work for the course
2	communicate with or contact the provider for the purpose of participating in the course
3	attend the provider for 1 week twice a year
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
10C	Meaning of full-time participation in education course—div 2.2.2
	(1)	For this division, full-time participation in an education course means participation in the course—
	(a)	at a level that is full-time under the requirements of the course; or
	(b)	for at least 25 hours each week.
	(2)	Also, for this division, full-time participation in an education course includes—
	(a)	part-time participation in 2 or more education courses to an extent that is at least equivalent to full-time participation in 1 education course; and
	(b)	participation in any combination of the following that is equivalent to full-time participation in 1 education course:
	(i)	an education course;
	(ii)	a training alternative;
	(iii)	an employment alternative.
Note	A child needs the director‑general’s approval to participate in a training or employment alternative (see pt 2.4 (After year 10—training and employment alternatives)).
10D	Child of compulsory education age—participation requirement
	(1)	This section applies if a child—
	(a)	lives in the ACT; and
	(b)	is of compulsory education age; and
	(c)	is enrolled at an education provider other than a school for the purpose of the provider’s education course.
	(2)	The child’s parents must ensure that the child participates in the education course.
	(3)	Also, the child’s participation must be—
	(a)	full-time participation (the full-time participation requirement); or
	(b)	if an exemption certificate is in force for the child for the course—participation in accordance with the certificate.
	(4)	This section does not apply if the child’s parents have an excuse for not complying with this section that the director‑general is satisfied is a reasonable excuse.
Note 1	The director‑general must comply with any guidelines about the exercise of the director‑general’s functions under s (4) (see s 9D).
Note 2	For offences in relation to this requirement, see pt 2.6 (Offences—parents).
11	Participation requirement—absence
A child’s participation in an education course is taken for this Act to continue during an absence that is—
	(a)	allowed under the requirements of the course or by the provider of the course; or
	(b)	required under a territory law or a law of the Commonwealth, a State or another Territory.
Example—par (b)
Will is absent from an education provider because a public health direction under the Public Health Act 1997 requires that he be confined to home for 2 weeks.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
11A	Participation requirement—suspension
	(1)	This section applies if a child participating in an education course stops attending the provider because the child has been suspended from attending the provider.
	(2)	The child’s participation in the course is taken for this Act to continue during the suspension period.
11B	Participation requirement—exclusion
	(1)	This section applies if a child participating in an education course stops attending the provider because the child has been excluded from attending the provider.
	(2)	The child’s participation in the course is taken for this Act to continue—
	(a)	at the same level as before the exclusion; and
	(b)	for the time reasonably required for the child to resume participation in an education course or apply for approval to participate in a training or employment alternative under part 2.4 (After year 10—training and employment alternatives).
Division 2.2.3	Information requirement
11C	Giving information notice
	(1)	This section applies if a child—
	(a)	lives in the ACT; and
	(b)	is at least 6 years old but under 17 years old.
	(2)	The director‑general may give a written notice (an information notice) to the child’s parents if the director‑general believes on reasonable grounds that—
	(a)	the child is not enrolled at an education provider; or
	(b)	the child is not registered for home education; or
	(c)	if the child is enrolled at a school—the child is not attending the school; or
	(d)	if the child is enrolled at an education provider other than a school for the purpose of the provider’s education course—the child is not participating in the course or the child is contravening section 10D (3) (Child of compulsory education age—participation requirement); or
	(e)	the child is not participating in a training or employment alternative in accordance with part 2.4 (After year 10—training and employment alternatives).
Note	For how documents may be served, see the Legislation Act, pt 19.5.
11D	Contents of information notice
	(1)	An information notice in relation to a child must—
	(a)	state that it is an information notice under this Act; and
	(b)	state the information sought; and
	(c)	state what the child’s parents need to do to comply with the notice; and
	(d)	state the period for complying with the notice; and
	(e)	contain a statement to the effect that failure to comply with the notice is an offence.
	(2)	The information notice may include any other information the director‑general considers appropriate.
11E	Extension of time for compliance with information notice
	(1)	This section applies if a child’s parents have been given an information notice.
	(2)	The director‑general may, by written notice given to the child’s parents, extend the compliance period for the information notice on the director‑general’s own initiative or if asked by the parents.
	(3)	However, the director‑general may extend the compliance period only if the period has not ended.
	(4)	In this section:
compliance period means the period stated in the information notice under section 11D (1) (d), and includes the period as extended under this section.
11F	Revocation of information notice on compliance
If the director‑general is satisfied on reasonable grounds that an information notice given to a child’s parents has been complied with, the director‑general must revoke the notice by written notice given to the parents.

Part 2.3	Exemption certificates
    
11G	Meaning of full-time participation requirement—pt 2.3
In this part:
full-time participation requirement—see section 10D (3).
11H	Exemption certificate—application
	(1)	A child or the child’s parents may apply to the director‑general for a certificate (an exemption certificate) exempting the child from—
	(a)	the requirement to be enrolled at an education provider or registered for home education; or
Note	See s 10 (Child of compulsory education age—enrolment and registration requirement).
	(b)	the full-time participation requirement.
Note	See s 10D (Child of compulsory education age—participation requirement).
	(2)	Application may be made for either or both of the following:
	(a)	exempting the child until the child is 17 years old or for a shorter period;
	(b)	exempting the child from the full-time participation requirement.
	(3)	An application made by a child must contain the signed consent of the child’s parents.
	(4)	However, subsection (3) does not apply if the director‑general is satisfied on reasonable grounds that it is not appropriate to require the signed consent.
Note	If a form is approved under s 154 for this provision, the form must be used.
12	Exemption certificate—requirement for further information
	(1)	The director‑general may give an applicant mentioned in section 11H (1) a written notice requiring the applicant to give the director‑general stated further information or documents that the director‑general reasonably needs to decide the application.
	(2)	If the applicant does not comply with the requirement, the director‑general may refuse to consider the application further.
12A	Exemption certificate—issue
	(1)	The director‑general may—
	(a)	issue an exemption certificate for a child if the director‑general is satisfied on reasonable grounds that it is in the child’s best interests to issue the certificate; or
	(b)	refuse to issue an exemption certificate for a child.
	(2)	Without limiting subsection (1) (a), in deciding whether it is in a child’s best interests to exempt the child, the director‑general may consider the following:
	(a)	the child’s health;
	(b)	the child’s education;
	(c)	the child’s sense of racial, ethnic, religious or cultural identity;
	(d)	the child’s development;
	(e)	whether the exemption would benefit the child.
Example—par (e)
Felicity’s education alternative finishes shortly before she turns 17.  The director‑general is satisfied that exempting Felicity from participating in another education alternative until she turns 17 benefits her, because it means that she is not compelled to participate in another education alternative for a short time just to comply with the participation requirement.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	An exemption certificate for a child may be issued for either or both of the following:
	(a)	exempting the child until the child is 17 years old or for a shorter period;
	(b)	exempting the child from the full-time participation requirement.
12B	Exemption certificate—form
An exemption certificate issued for a child must—
	(a)	state the day it is issued; and
	(b)	state the child’s name; and
	(c)	state the period for which it is in force; and
	(d)	for an exemption from the full-time participation requirement—state the exemption and the extent to which the child must participate; and
	(e)	state any condition to which it is subject; and
	(f)	contain any other particulars prescribed by regulation.
12C	Exemption certificate—conditions
The director‑general may issue an exemption certificate subject to any condition that the director‑general believes on reasonable grounds is appropriate.
12D	Exemption certificate—duration
An exemption certificate may be issued for a child until—
	(a)	the end of the period stated in the certificate; or
	(b)	the ground for the issue of the certificate no longer applies in relation to the child.
13	Exemption certificate—revocation
The director‑general may revoke an exemption certificate issued for a child if—
	(a)	the certificate is issued in error; or
	(b)	the ground for the issue of the certificate no longer applies in relation to the child; or
	(c)	a condition of the certificate has been contravened.

Part 2.4	After year 10—training and employment alternatives
Division 2.4.1	Definitions—pt 2.4
13A	Meaning of training alternative and training alternative provider—Act
	(1)	For this Act, each training mentioned in table 13A, column 2 is a training alternative, and the entity mentioned in column 3 for the training alternative is the provider (the training alternative provider) of the training alternative.
	(2)	Also, the director‑general may approve other training as a training alternative, and an entity as the provider (the training alternative provider) of the training alternative.
	(3)	An approval is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
Table 13A
column 1
item	column 2
training alternative	column 3
training alternative provider	
1	work-related training under the Training and Tertiary Education Act 2003	employer with whom child has approved training contract under the Training and Tertiary Education Act 2003 in relation to the work-related training	
2	work-related training (however described) under a law of a State or another Territory	provider (however described) under a law of the State or other Territory	
13B	Meaning of employment alternative—Act
For this Act, each of the following is an employment alternative:
	(a)	performance of paid work under a contract of service (whether written or unwritten);
	(b)	performance of paid work under a contract for services (whether written or unwritten).
Note	The Children and Young People Act 2008, ch 21 deals with the employment of children and young people.
13C	Meaning of full-time participation in training or employment alternative—pt 2.4
	(1)	For this part, full-time participation in a training or employment alternative means participation in the alternative—
	(a)	at a level that is full-time under the requirements of the alternative; or
	(b)	for at least 25 hours each week.
	(2)	Also, for this part, full-time participation in a training or employment alternative includes—
	(a)	part-time participation in 2 or more of a particular alternative to an extent that is at least equivalent to full-time participation in 1 of the particular alternatives; and
	(b)	participation in any combination of training and employment alternatives to an extent that is at least equivalent to full-time participation in 1 training or employment alternative.
Example—s (2) (a)
part-time participation in 2 or more training alternatives to an extent that is at least equivalent to full-time participation in 1 training alternative
Example—s (2) (b)
part-time participation in a training alternative and part-time participation in an employment alternative for a combined total of at least 25 hours each week
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Division 2.4.2	Approval to participate in training and employment alternatives
13D	Approval statement—application
	(1)	A child or the child’s parents may apply to the director‑general for a statement (an approval statement) approving the child’s participation in a training or employment alternative during the child’s post-year 10 period.
	(2)	Application may be made for either or both of the following:
	(a)	approving the child’s participation in a training or employment alternative for all or part of the child’s post-year 10 period;
	(b)	approving that the child’s participation in a training or employment alternative be other than full-time participation.
	(3)	An application made by a child must contain the signed consent of the child’s parents.
	(4)	However, subsection (3) does not apply if the director‑general is satisfied on reasonable grounds that it is not appropriate to require the signed consent.
	(5)	For this section, a child’s post-year 10 period starts when the child completes year 10 and ends when the first of the following happens:
	(a)	the child completes year 12;
	(b)	the child is 17 years old.
Note	If a form is approved under s 154 for this provision, the form must be used.
14	Approval statement—requirement for further information
	(1)	The director‑general may give an applicant mentioned in section 13D (1) a written notice requiring the applicant to give the director‑general stated further information or documents that the director‑general reasonably needs to decide the application.
	(2)	If the applicant does not comply with the requirement, the director‑general may refuse to consider the application further.
14A	Approval statement—issue
	(1)	The director‑general may—
	(a)	issue an approval statement for a child if the director‑general is satisfied on reasonable grounds that it is in the child’s best interests to issue the statement; or
	(b)	refuse to issue an approval statement for a child.
	(2)	Without limiting subsection (1) (a), in deciding whether it is in a child’s best interests to issue an approval statement for the child, the director‑general may consider the following:
	(a)	the child’s health;
	(b)	the child’s education;
	(c)	the child’s sense of racial, ethnic, religious or cultural identity;
	(d)	the child’s development;
	(e)	whether the training or employment alternative for which the statement is sought would benefit the child.
Example—par (e)
Thomas is 15 years old, has completed year 10 and wants to be a chef.  Thomas has been offered an apprenticeship with a chef.  The director‑general decides that it is in Thomas’s best interests to issue an approval statement for him, because it means that Thomas can pursue the career path that he wants to pursue.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	An approval statement may be issued for a child for either or both of the following:
	(a)	approving the child’s participation in a training or employment alternative for all or part of the child’s post-year 10 period;
	(b)	approving that the child’s participation in a training or employment alternative be other than full-time participation.
	(4)	In this section:
post-year 10 period—see section 13D (5).
14B	Approval statement—form
An approval statement issued for a child must—
	(a)	state the day it is issued; and
	(b)	state the child’s name; and
	(c)	state the period for which it is in force; and
	(d)	if the child’s approved participation in a training or employment alternative is other than full-time participation—state the approval and the extent to which the child is required to participate in the alternative; and
	(e)	state any condition to which it is subject; and
	(f)	contain any other particulars prescribed by regulation.
14C	Approval statement—conditions
	(1)	An approval statement issued for a child is subject to a condition that—
	(a)	the child’s participation is full-time participation unless otherwise stated in the statement; or
	(b)	if the statement contains a statement mentioned in section 14B (d)—the child must comply with the stated participation requirement.
	(2)	An approval statement that approves a child’s participation in a training alternative is also subject to each of the following conditions:
	(a)	that the child is enrolled with the training alternative provider;
	(b)	that the child complies with the training alternative provider’s attendance requirements.
	(3)	The training alternative provider’s attendance requirements are the requirements about physically attending, at particular times, the provider’s premises or another place.
	(4)	The director‑general may issue an approval statement subject to any condition that the director‑general believes on reasonable grounds is appropriate.
Example—s (4)
Farouk wants to participate part-time in an education course and part-time in an employment alternative (he wants to work at least 10 hours each week).  Under this Act, an approval statement is not required for an education course, but is for an employment alternative.  The director‑general issues an approval statement for the employment alternative that states that Farouk’s approved participation in that employment is part-time, and that he must participate in that employment for at least 10 hours each week.  The director‑general also puts a condition on the approval statement that Farouk must participate in the education course for at least 15 hours each week.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
14D	Approval statement—compliance requirement
	(1)	This section applies if an approval statement is issued for a child.
	(2)	The child’s parents must ensure that the child complies with the statement, including any conditions of the statement.
	(3)	This section does not apply if the child’s parents have an excuse for not complying with this section that the director‑general is satisfied is a reasonable excuse.
Note 1	The director‑general must comply with any guidelines about the exercise of the director‑general’s functions under s (3) (see s 9D).
Note 2	For offences in relation to this requirement, see pt 2.6 (Offences—parents).
15	Approval statement—duration
An approval statement may be issued for a child until—
	(a)	the end of the period stated in the statement; or
	(b)	the ground for the issue of the statement no longer applies in relation to the child.
15A	Approval statement—revocation
The director‑general may revoke an approval statement issued for a child if—
	(a)	the statement is issued in error; or
	(b)	the ground for the issue of the statement no longer applies in relation to the child; or
	(c)	a condition of the statement has been contravened.
15B	Return to education while approval statement in force
	(1)	This section applies if—
	(a)	an approval statement is in force for a child; and
	(b)	the child is enrolled at an education provider for the purpose of the provider’s education course.
	(2)	The child’s parents must tell the director‑general in writing about the enrolment.
Division 2.4.3	Training and employment alternatives—deemed participation
15C	Training and employment alternatives—absence
A child’s participation in a training or employment alternative is taken for this Act to continue during an absence that is—
	(a)	allowed under the requirements of the alternative; or
	(b)	required under a territory law or a law of the Commonwealth, a State or another Territory.
Example—par (b)
Sarah is absent from a training alternative provider because a personal protection order prohibits her from attending the provider.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
15D	Training alternative—suspension
	(1)	This section applies if a child participating in a training alternative stops attending the training alternative provider because the child has been suspended from attending the provider.
	(2)	The child’s participation in the alternative is taken for this Act to continue during the suspension period.
16	Training alternative—exclusion
	(1)	This section applies if a child participating in a training alternative stops attending the training alternative provider because the child has been excluded from attending the provider.
	(2)	The child’s participation in the training alternative is taken for this Act to continue—
	(a)	at the same level as before the exclusion; and
	(b)	for the time reasonably required for the child to—
	(i)	enrol in an education course; or
	(ii)	apply for approval to participate in another training alternative or an employment alternative.
16A	Employment alternative—termination
	(1)	This section applies if a child participating in an employment alternative stops working because the child’s employment has been ended other than by the child.
	(2)	The child’s participation in the employment alternative is taken for this Act to continue—
	(a)	at the same level as before the termination; and
	(b)	for the time reasonably required for the child to—
	(i)	enrol in an education course; or
	(ii)	apply for approval to participate in another employment alternative or a training alternative.

Part 2.5	Compliance notices
    
16B	Giving compliance notice
The director‑general may give a notice (a compliance notice) to a child’s parents if the director‑general believes on reasonable grounds that the parents have contravened or are contravening—
	(a)	section 10 (Child of compulsory education age—enrolment and registration requirement); or
	(b)	section 10A (Child of compulsory education age—school attendance requirement); or
	(c)	section 10D (Child of compulsory education age—participation requirement); or
	(d)	section 14D (Approval statement—compliance requirement).
Note	For how documents may be served, see the Legislation Act, pt 19.5.
16C	Contents of compliance notice
	(1)	A compliance notice in relation to a child must—
	(a)	state that it is a compliance notice under this Act; and
	(b)	include a brief description of the contravention of this Act in relation to which the notice is given; and
	(c)	state what the child’s parents need to do to comply with the notice; and
	(d)	state the period for complying with the notice; and
	(e)	contain a statement to the effect that failure to comply with the notice is an offence.
	(2)	The compliance notice may include any other information the director‑general considers appropriate.
16D	Extension of time for compliance with compliance notice
	(1)	This section applies if a child’s parents have been given a compliance notice.
	(2)	The director‑general may, by written notice given to the child’s parents, extend the compliance period for the compliance notice on the director‑general’s own initiative or if asked by the parents.
	(3)	However, the director‑general may extend the compliance period only if the period has not ended.
	(4)	In this section:
compliance period means the period stated in the compliance notice under section 16C (1) (d), and includes the period as extended under this section.
17	Revocation of compliance notice on compliance
If the director‑general is satisfied on reasonable grounds that a compliance notice given to a child’s parents has been complied with, the director‑general must revoke the notice by written notice given to the parents.

Part 2.6	Offences—parents
    
17A	Contravention of information and compliance notices
	(1)	A child’s parents commit an offence if—
	(a)	an information notice is given to the parents; and
	(b)	the parents fail to comply with the notice.
Maximum penalty:  5 penalty units.
	(2)	A child’s parents commit an offence if—
	(a)	a compliance notice is given to the parents; and
	(b)	the parents fail to comply with the notice.
Maximum penalty:  10 penalty units.
	(3)	An offence against this section is a strict liability offence.
	(4)	This section does not apply if the child’s parents have a reasonable excuse for failing to comply with the notice.
	(5)	Without limiting subsection (4), it is a reasonable excuse for a parent of the child (the stated parent) that—
	(a)	the child lives with another parent and the stated parent believes on reasonable grounds that the other parent is complying with the notice; or
	(b)	the stated parent is not reasonably able to control the child’s behaviour to the extent necessary to comply with the notice.

Chapter 3	Government schools
Part 3.1	General
18	Principles on which ch 3 based
The following are the principles on which this chapter is based:
	(a)	the ACT government school system is based on the principles of equity, universality and nondiscrimination;
	(b)	government schools are free and open to everyone;
	(c)	government schools offer a broad and balanced secular education to all students from preschool to year 12 by providing access to a broad curriculum;
	(d)	the government school system is committed to—
	(i)	providing reasonable access to public education for all students in the ACT;
	(ii)	maximising student educational achievements and opportunities; and
	(iii)	developing emotional, physical and intellectual wellbeing of all students; and
	(iv)	responsiveness to community needs; and
	(v)	innovation, diversity and choice; and
	(vi)	preparing students to be independent and effective local and global citizens; and
	(vii)	teacher, student and parent participation in all aspects of school education; and
	(viii)	combining central policies and guidelines with school level policies and decision-making; and
	(ix)	making information available about, and being accountable for, the operation of government schools;
	(e)	government school funding is provided to schools in recognition of the principles mentioned in paragraphs (a) to (d) and the diversity of students’ needs.

Part 3.2	Establishment and operation of government schools
20	Establishing government schools etc
	(1)	The Minister may establish government schools.
	(2)	The Minister may decide—
	(a)	the kinds of government schools to be established; and 
	(b)	the educational level or levels (which may include preschool) for the schools.
Note	Preschools are also subject to requirements under the Education and Care Services National Law (ACT).
	(3)	The Minister may establish school-related educational institutions and services (school-related institutions).
Example of school-related institution
Murrumbidgee Education and Training Centre
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(4)	The Minister may name, and change the name of, a government school or school-related institution.
	(5)	Before making a decision to close or amalgamate a government school, the Minister must take the following steps:
	(a)	tell the school community that the Minister is considering closing or amalgamating the school and the reasons why;
	(b)	obtain a report from the committee established under section 20A to use in consultation with the school community under paragraph (c) that—
	(i)	comprehensively assesses the impacts of closing or amalgamating the school on the school community; and
Note	For what impacts must be assessed, see s 20B.
	(ii)	identifies alternatives to closing or amalgamating the school;
	(c)	consult with the school community for at least 6 months on the educational, economic, environmental and social impacts of, and identifying alternatives to, closing or amalgamating the school; 
Note	For how the Minister must undertake consultation, see s 20A.
	(d)	publish in a daily newspaper—
	(i)	notice of a proposal to close or amalgamate the school; and
	(ii)	details of where a copy of the report mentioned in paragraph (b) can be obtained;
Example
a website operated by the administrative unit responsible for this Act
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(e)	give written notice of the matters mentioned in paragraph (d) to—
`	(i)	the parents and citizens association; and
	(ii)	the chairperson of the school board; and
	(iii)	the principal of the school.
	(6)	Not less than 12 months after telling the school community that the Minister is considering closing or amalgamating the school, the Minister must—
	(a)	publish notice of the final decision in a daily newspaper; and
	(b)	give written notice of the decision to—
	(i)	a parent of each student at the school; and
	(ii)	each member of the school’s parents and citizens association; and
	(iii)	each member of the school board; and
	(iv)	the principal and each teacher at the school; and
	(c)	explain to the school community the reasons for the final decision and how the following have been taken into account in making the final decision: 
	(i)	the school community’s views;
	(ii)	the relevant general principles of this Act under section 7;
	(iii)	the principles on which chapter 3 is based under section 18.
	(7)	The consultation must be done in a way that gives effect to the following principles:
	(a)	consultation should focus on access to, and the provision of, quality educational opportunities;
	(b)	consultation should be open, equitable, respectful and transparent;
	(c)	consultation should lead to sustainable decisions by involving effective community engagement;
	(d)	without limiting paragraph (c), consultation should ensure that—
	(i)	relevant information is provided in a timely, equitable and accessible way to enable maximum community participation in debate about the proposal; and
	(ii)	opportunities are provided for feedback about the proposal, especially from families and other people with significant interest in the proposal; 
	(e)	consultation should include seeking the views of school boards that are likely to be affected by the proposal.
	(8)	The Minister must not close or amalgamate a government school before the later of— 
	(a)	6 months after the final decision was made; and
	(b)	the end of the school year in which the final decision was made.
	(9)	In this section:
school community, in relation to a school that is proposed to be closed or amalgamated, means the members of the community affected by closing or amalgamating the school, including students at the school, students’ families, the school board, the principal and teachers at the school and the local community.
Examples—local community
residents, local businesses
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
20A	Independent committee
	(1)	The Minister must establish an independent committee. 
	(2)	The functions of the committee are to—
	(a)	prepare the report mentioned in section 20 (5) (b); and
	(b)	undertake the consultation on behalf of the Minister under section 20 (5) (c).
	(3)	The committee must consist of 3 people selected after consultation with the appropriate standing committee.
	(4)	In this section:
appropriate standing committee means—
	(a)	the standing committee of the Legislative Assembly nominated by the Speaker for this section; or
	(b)	if no nomination under paragraph (a) is in effect—the standing committee of the Legislative Assembly responsible for the consideration of educational issues.
20B	Impacts of closing or amalgamating schools
	(1)	An assessment under section 20 (5) (b) must include information about the following educational, economic, environmental and social impacts in relation to closing or amalgamating a school:
	(a)	the following educational impacts:
	(i)	the range, quality and depth of education programs;
	(ii)	the age and condition of school infrastructure, facilities and resources;
	(iii)	teaching resources and workloads;
	(iv)	social and learning environment for children;
	(v)	extracurricular activities;
	(vi)	parent participation in school;
	(vii)	out-of-hours school programs;
	(viii)	findings of research studies on school size;
	(ix)	student literacy and numeracy outcomes;
	(x)	other educational outcomes;
	(xi)	student outcomes, especially those of parents who have a low income, are Indigenous or from a non‑English speaking background or with disabilities;
	(xii)	access to public education;
	(xiii)	school enrolments;
	(b)	the following economic impacts:
	(i)	recurrent and capital savings and costs, including one-off savings and costs, of closing or amalgamating the school for the Territory, including—
	(A)	staffing and resources; and
	(B)	school bus transport; and
	(C)	traffic and safety arrangements; and
	(D)	building maintenance and security;
	(ii)	financial impact on parents, including transport and travel time;
	(iii)	financial impact on local business including ongoing viability;
	(iv)	a comparison of the cost, per student, to operate the school with the cost, per student, to operate other ACT government schools and average cost across all ACT government schools;
	(c)	the following environmental impacts:
	(i)	traffic congestion;
	(ii)	air pollution;
	(iii)	greenhouse gas emissions;
	(iv)	noise levels;
	(v)	open green space adjacent to the school site; 
	(d)	the following social impacts:
	(i)	demographic projections of parents with school-age children, including taking into account expected land releases;
	(ii)	implications for parents who have a low income, are Indigenous or from a non-English speaking background or of students with disabilities;
	(iii)	safety of children walking or cycling to school;
	(iv)	neighbourhood community facilities;
	(v)	access to recreational and leisure facilities;
	(vi)	provision of government services;
	(vii)	community support networks;
	(viii)	local employment;
	(ix)	heritage values of school buildings.
	(2)	An assessment may include information about any other impacts in relation to closing or amalgamating the school.
21	Operation of government schools
	(1)	The director‑general is responsible to the Minister for the operation of government schools.
	(2)	Government schools are to be publicly owned and operated by the Territory itself.
	(3)	The director‑general must establish procedures that give priority to the enrolment of children in the government school in their neighbourhood.
	(4)	The principal of a government school is responsible for—
	(a)	educational leadership and management of the school; and
	(b)	educational outcomes for students at the school; and
	(c)	providing support to the school board in the carrying out of its functions; and
	(d)	contributing to the development and implementation of educational policies and strategies.
	(5)	The principal of a government school must make available to parents of students at the school, and to the staff and students of the school, information about the school’s educational programs and policies, and the school’s operation.
22	Investigation of complaints—government schools
	(1)	The director‑general must develop and implement a complaints policy for government schools.
	(2)	The director‑general must, as soon as practicable, investigate any complaint about the administration, management and operation of government schools that, in the director‑general’s opinion, is not a frivolous or vexatious complaint.
	(3)	The director‑general must, in an annual report under the Annual Reports (Government Agencies) Act 2004 for a financial year, include details about the number of complaints investigated by the director‑general under this section in that financial year.
23	Review of government school system
The director‑general must regularly review, and report to the Minister on, the government school system as a whole.
24	Review of operation of government schools
	(1)	The director‑general must ensure that—
	(a)	the effectiveness of each government school is reviewed at least once every 5 years; and
	(b)	a report of the review is prepared.
	(2)	The director‑general must ensure that a review seeks the input of the local community served by the school.
	(3)	A review must take into account the views of—
	(a)	the parents of students at the school; and
	(b)	the teachers at the school; and 
	(c)	the students at the school.
	(4)	The director‑general must make the report of a review of a school available to—
	(a)	the parents of students at the school; and
	(b)	the staff of the school; and
	(c)	the students at the school.
25	Reporting to parents—government schools
	(1)	The principal of a government school must set up procedures for giving reports to the parents of a student enrolled at the school about the student’s academic progress and social development at the school.
	(2)	A report must be given to the student’s parents at least twice a year.
26	Education to be free
	(1)	Education in government schools is to be free and no fees are chargeable for it.
	(2)	Subsection (1) does not apply—
	(a)	in relation to course money paid to a registered provider; or
	(b)	to people who hold a temporary visa under the Migration Act 1958 (Cwlth), section 30 (2).
	(3)	In subsection (2):
course money—see the Education Services for Overseas Students Act 2000 (Cwlth), section 7.
registered provider—see the Education Services for Overseas Students Act 2000 (Cwlth), section 5.
27	Voluntary financial contributions
	(1)	The school board of a government school may ask the parents of a student enrolled at the school, or anyone else, to make a financial contribution to the school.
	(2)	The following principles apply in relation to financial contributions:
	(a)	each contribution is to be voluntary;
	(b)	a student at the school is not to be refused benefits or services because the student’s parents do not make a contribution;
	(c)	a student is not to be approached or harassed for contributions;
	(d)	any record of contributions is confidential.
	(3)	If the school board asks the parents of a student enrolled at the school to make a financial contribution, the school board must tell the parents about the principles that apply in relation to financial contributions.
28	Secular education
	(1)	Education in government schools is to be non-sectarian, secular education.
	(2)	Secular education in government schools may include the study of different religions as distinct from education in a particular religion.
29	Religious education
	(1)	If parents of children at a government school ask the principal for their children to receive religious education in a particular religion, the principal must ensure that reasonable time is allowed for their children’s religious education in that religion.
	(2)	The principal must ensure that the educational program continues for students at the school not attending religious education.
	(3)	Religious education must be authorised by the religious body to which the person providing the instruction belongs.
	(4)	Students attending a religious education class at a government school must be separated from other students at the school while the class is held.
	(5)	In this section:
religious education means education in a particular religion as distinct from the study of different religions.
30	Curriculum
	(1)	The director‑general must decide the curriculum requirements for students attending government schools (other than in years 11 and 12).
	(2)	For subsection (1), the requirements include the framework of the curriculum and the principles on which the curriculum is based.
31	Approved educational courses for students at government schools
	(1)	The director‑general may approve educational courses for a student enrolled at a government school that may be provided to the student at a place other than the school.
	(2)	An approval may be subject to conditions.
	(3)	However, the director‑general may approve an educational course only if satisfied that—
	(a)	the standard of the course is appropriate; and
	(b)	there are adequate facilities for conducting the course; and
	(c)	the premises where the course is to be conducted comply with any relevant Territory laws about health and safety standards.

Part 3.3	Attendance at government schools
32	Keeping of register of enrolments and attendances for government schools
	(1)	The principal of a government school, or the person giving an approved educational course (government), commits an offence if the principal or person fails to keep a register of enrolments and attendances.
Maximum penalty:  10 penalty units.
	(2)	An offence against this section is a strict liability offence.
33	Keeping records of enrolment and attendances for government schools
	(1)	The principal of a government school, or the person giving an approved educational course (government), must ensure that the following information is entered in the register of enrolments and attendances:
	(a)	the full name of each student enrolled at the school or course; 
	(b)	a record of the attendance or nonattendance of the student at the school or course on every day when the school or course is open for attendance.
Maximum penalty:  10 penalty units.
	(2)	The principal of a government school, or the person giving an approved educational course (government), commits an offence if—
	(a)	the principal or person makes an entry in the register of enrolments and attendances; and
	(b)	the principal or person is reckless about whether the entry is correct.
Maximum penalty:  10 penalty units.
	(3)	An offence against subsection (1) is a strict liability offence.
34	Inspection of register of enrolment and attendances for government schools
	(1)	The principal of a government school, or the person giving an approved educational course (government), commits an offence if—
	(a)	an authorised person (government) asks the principal or person to make the register of enrolments and attendances available to the authorised person; and 
	(b)	the principal or person fails to make the register available as asked.
Maximum penalty:  10 penalty units.
	(2)	The principal of a government school, or the person giving an approved educational course (government), commits an offence if—
	(a)	the director‑general or an authorised person (government) asks the principal or the person to give the director‑general or authorised person stated information about enrolments or attendances of students at the school or course during a stated period or at a stated time; and
	(b)	the principal or person fails to give the information in accordance with the request.
Maximum penalty:  50 penalty units
	(3)	An authorised person (government) may make copies of the register of enrolments and attendances or any part of the register.
	(4)	The principal of a government school, or the person giving an approved educational course (government), must take reasonable steps to assist an authorised person (government) in exercising functions under this section.
	(5)	An offence against this section is a strict liability offence.
35	Procedures to encourage school attendance at government schools
	(1)	The principal of a government school must set up procedures—
	(a)	to encourage students to attend school regularly; and
	(b)	to help parents to encourage their children to attend school regularly.
	(2)	The principal must refer parents and children to support services that encourage children to attend school regularly when the procedures mentioned in subsection (1) are not successful.
	(3)	If a student enrolled at a government school has not been attending school regularly, the principal of the school may, by written notice, require the student’s parents and the child to meet with an authorised person at a stated place and time.
36	Suspension, exclusion or transfer of student by director‑general
	(1)	This section applies if—
	(a)	a student attending a government school—
	(i)	is persistently and wilfully noncompliant; or
	(ii)	threatens to be violent or is violent to another student attending the school, a member of the staff of the school or anyone else involved in the school’s operation; or
	(iii)	acts in a way that otherwise threatens the good order of the school or the safety or wellbeing of another student attending the school, a member of staff of the school or anyone else involved in the school’s operation; or
	(iv)	displays behaviour that is disruptive to the student’s learning or that of other students; and
	(b)	the principal of the school is satisfied that action should be taken under this section.
	(2)	The principal may recommend to the director‑general that the director‑general—
	(a)	suspend the student from the school for a stated period of not longer than 20 days; or
	(b)	transfer the student to another government school; or
	(c)	exclude the student from all government schools.
	(3)	After considering the principal’s recommendation, the director‑general may—
	(a)	give effect to the recommendation; or
	(b)	take any other action mentioned in subsection (2) that the director‑general considers appropriate; or
	(c)	suspend the student for not longer than 20 days.
	(4)	The director‑general may exclude the student only if—
	(a)	the student’s parents have been given an opportunity to be consulted, and told in writing, about the proposed exclusion of the child and the reasons for it; and
	(b)	the student has been given a reasonable opportunity to attend counselling, undertake relevant educational programs or receive other appropriate assistance; and
	(c)	as far as the student’s maturity and capacity for understanding allow, the participation of the student has been sought, and any views of the student considered, in deciding whether to exclude the student; and
	(d)	the student has been given sufficient information about the decision-making process, in a language and way that the student can understand, to allow the student to take part in the process; and
	(e)	the student has been offered alternatives for continuing the student’s education during the exclusion.
	(5)	The director‑general may suspend or transfer the student only if—
	(a)	the student’s parents have been given an opportunity to be consulted, and told in writing, about the proposed suspension or transfer of the student and the reasons for it; and
	(b)	as far as the student’s maturity and capacity for understanding allow, the participation of the student has been sought, and any views of the student considered, in deciding whether to suspend or transfer the student; and
	(c)	the student has been given sufficient information about the decision-making process, in a language and way that the student can understand, to allow the student to take part in the process; and
	(d)	the student has been given a reasonable opportunity to continue the child’s education during the suspension.
	(6)	Despite subsection (5), the director‑general may immediately suspend the student for not longer than 5 days if, in the director‑general’s opinion, the circumstances are of such urgency or seriousness to require the child’s immediate suspension.
	(7)	However, before suspending the student under subsection (6), the director‑general must comply with the requirements of subsection (5) (a) to (d) to the extent that it is practicable and appropriate to do so.
	(8)	To remove any doubt, the director‑general may suspend the student under subsection (6) while deciding what other action (if any) should be taken in relation to the student under this section.
	(9)	If the student is suspended for 7 or more school days in a school term (whether or not consecutive school days), the director‑general must ensure that the student is given a reasonable opportunity to attend appropriate counselling.
	(10)	The director‑general may delegate the director‑general’s power to suspend a student from a government school for not longer than 15 days to the principal of the school.
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act, pt 19.4.

Part 3.4	School boards of government schools
Division 3.4.1	Interpretation
37	Definitions for pt 3.4
In this part:
half-year means a period of 6 months ending on 30 June or 31 December.
money, of a school, means money allocated to the school by the director‑general or otherwise received by the school.
Examples of money otherwise received
voluntary financial contributions, other donations and sponsorships
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
parents and citizens association, of a school, means
	(a)	the entity declared under section 40 (Declaration of parents and citizens associations in certain circumstances) to be the parents and citizens association of the school; or
	(b)	if there is no declaration under that section for the school—the parents and citizens association incorporated under the Associations Incorporation Act 1991 or the Associations Incorporation Act 1953 (repealed) in relation to the school.
prescribed period, for a term of office of a member of a school board (other than the principal), means the period—
	(a)	beginning on whichever of the following is later:
	(i)	1 April in the year of the member’s election or appointment; 
	(ii)	the date of the member’s election or appointment; and
	(b)	ending at the end of the March at least 12 months, and not more than 24 months, after the beginning of the period.
school means a government school.
small school means a school (other than a school-related institution) where fewer than 4 teachers are employed.
student means a student who attends classes at a school for at least 12 hours per week.
Division 3.4.2	Establishment and membership
38	Establishment of school boards
A school board is established for each government school.
39	Functions of school boards etc
	(1)	The functions of the school board of a government school are—
	(a)	to establish strategic direction and priorities for the school; and
	(b)	to monitor and review school performance and to report on it to the director‑general, parents of students at the school and staff; and
	(c)	to develop, maintain and review curriculum for the school; and
	(d)	to develop and review education policies at the school; and
	(e)	to establish budgetary policies for the school and approve the school budget; and
	(f)	to establish policies for the efficient and effective use of school assets and the management of financial risk; and
	(g)	to develop relationships between the school and the community and between the school and community organisations; and
	(h)	to make recommendations to the director‑general on issues affecting the school; and
	(i)	to encourage parent participation in their children’s learning; and
	(j)	to exercise any other function given to the board under this Act or any other Territory law.
	(2)	The director‑general may give written directions to the school board about the exercise of its functions, either generally or in relation to a particular issue.
	(3)	The director‑general must, in an annual report under the Annual Reports (Government Agencies) Act 2004 for a financial year, include particulars of any direction given by the director‑general under this section in that financial year to a particular school board and not to school boards generally.
	(4)	The school board must give effect to the director‑general’s directions.
	(5)	The director‑general is not required—
	(a)	to accept, or act in accordance with, a recommendation of the school board; or
	(b)	to carry out a policy decided by the school board.
40	Declaration of parents and citizens associations in certain circumstances
	(1)	If there is a dispute about the entity that should be the parents and citizens association of a government school, the director‑general must call a meeting of parents of students at the school and interested members of the community to discuss the entity to be the representative of the parents and community.
	(2)	If, in the director‑general’s opinion, it is appropriate in the circumstances to do so, the director‑general may call a meeting of parents of students at a government school and interested members of the community to discuss the entity to be the representative of the parents and community.
	(3)	The director‑general may, after considering the outcome of a meeting under subsection (1) or (2) in relation to a government school, recommend to the Minister the entity to be the representative of the parents and community.
	(4)	After receiving a recommendation under subsection (3), the Minister may declare an entity to be the parents and citizens association of a government school.
	(5)	A declaration under subsection (4) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
41	Composition of school boards generally
	(1)	This section applies to a school board of a government school other than—
	(a)	a small school or a school-related institution; or 
	(b)	a school to which section 43 (Composition of school boards of school-related institutions and other schools in special circumstances) applies.
	(2)	The school board of a government school consists of—
	(a)	the principal of the school; and
	(b)	1 member (the appointed member) appointed by the director‑general as the appointed member; and
	(c)	2 members (the staff members) elected by staff of the school and appointed by the director‑general; and
	(d)	3 members (the parents and citizens members) elected by the parents and citizens association of the school and appointed by the director‑general; and
	(e)	the members (the board appointed members) (if any) appointed by the board under subsection (6); and
	(f)	for a school prescribed under the regulations—2 members (the student members) elected by the students at the school and appointed by the director‑general.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.  
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
	(3)	A person is eligible to be elected or appointed as a staff member only if the person is employed as a member of the staff of the school.
	(4)	A person is eligible to be elected or appointed a student member only if the person is a student at the school.
	(5)	The appointed member, staff members, parent and citizens members and student members are appointed for the prescribed period.
	(6)	The school board may appoint 1 or more people to be members of the board for a term (not longer than 12 months) decided by the school board.
	(7)	The school board must not make an appointment under subsection (6) if there would be more than 2 board appointed members at the same time.
42	Composition of school boards of small schools
	(1)	This section applies to a school board of a small school other than a school to which section 43 (Composition of school boards of school-related institutions and other schools in special circumstances) applies.
	(2)	The school board of a small school consists of—
	(a)	the principal of the school; and
	(b)	1 member (the appointed member) appointed by the director‑general as the appointed member; and
	(c)	1 member (the staff member) appointed by the director‑general as the staff member; and
	(d)	2 members (the parents and citizens members) elected by the parents and citizens association of the school and appointed by the director‑general; and
	(e)	the members (the board appointed member) (if any) appointed by the board under subsection (6).
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.  
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
	(3)	A person is eligible to be appointed as the staff member only if the person is employed as a member of the staff of the school.
	(4)	The staff member is to be appointed in a way prescribed under the regulations.
	(5)	The appointed member, staff member and parent and citizen members are appointed for the prescribed period.
	(6)	The school board may appoint 1 or more people to be members of the board for a term (not longer than 12 months) decided by the school board.
	(7)	The school board must not make an appointment under subsection (6) if there would be more than 2 board appointed members at the same time.
43	Composition of school boards of school-related institutions and other schools in special circumstances
	(1)	This section applies to a school that is—
	(a)	a school-related institution; or
	(b)	declared, in writing, by the director‑general to be a school to which special circumstances apply.
	(2)	If the school is a school-related institution, the director‑general must, if practical, determine the composition of the school board of the school.
Example
It may not be practical to establish a school board for a school-related institution with fewer than 3 staff.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	Subsection (2) does not prevent the director‑general from determining the composition of a single school board for 2 or more institutions.
	(4)	If the director‑general makes a determination under subsection (2) for the school, the director‑general may also determine—
	(a)	the members who are required to be present at a meeting of the board; and
	(b)	the members who may not vote at a meeting of the board.
	(5)	If the school is a school to which special circumstances apply, the director‑general may determine the following:
	(a)	the composition of the school board of the school; 
	(b)	the members who are required to be present at a meeting of the board; 
	(c)	the members who may not vote at a meeting of the board.
	(6)	The director‑general may make a determination under subsection (2), (4) or (5) only with the Minister’s written approval.
	(7)	Before making the determination the director‑general must, if practical, consult with the parents of students at the school, at a general meeting of the parents, about the composition of the board.
	(8)	In deciding whether or not to give the approval, the Minister must have regard to—
	(a)	the need for the principal of the school to be a member of the board; and
	(b)	the need for the director‑general to be represented on the board; and
	(c)	whether staff of the school and students at the school have been consulted about the composition of the board; and
	(d)	any comments made by the staff and students at the school about the composition of the board; and
	(e)	the administrative needs, educational or related objectives, and any special characteristics of the school.
	(9)	The director‑general may appoint a person in accordance with the determination to be a member of the board of the school.
Note 1	For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.
Note 2	In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
	(10)	A member of the board is appointed for the term stated in the instrument making or evidencing the appointment.
	(11)	A determination under subsection (2), (4) or (5) is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
44	Ending of appointment of members of school board
	(1)	The director‑general must end the appointment of a member of the school board of a government school if the member ceases to be eligible to be appointed or elected to the position.
	(2)	The director‑general must end the appointment of a member of the school board of a government school, other than the principal of the school, if—
	(a)	the member is absent from 3 consecutive meetings of the board without reasonable excuse or leave given by the board; or
	(b)	contravenes section 49 (Disclosure of interests by members of school boards) without reasonable excuse.
	(3)	The director‑general may end the appointment of a member of the school board of a government school, other than the principal at the school, for misbehaviour or physical or mental incapacity.
Note	A person’s appointment also ends if the person resigns (see Legislation Act, s 210).
45	Chairperson and deputy chairperson of school boards
	(1)	The members of the school board of a government school must, whenever necessary, elect—
	(a)	a member to be chairperson; and
	(b)	another member to be deputy chairperson.
	(2)	The school board must tell the director‑general of the election of a member as chairperson or deputy chairperson.
	(3)	The members of the school board must not appoint the principal of the school or a member of staff of the school to be chairperson of the board.
46	School boards to take part in selection of school principals
The members of the school board of a government school must, whenever necessary, nominate a member of the board as a member of any selection panel established by the director‑general to make recommendations to the director‑general about the appointment of the principal for the school.
Division 3.4.3	Proceedings of school boards 
47	Time and place of meetings of school boards
	(1)	The school board of a government school meets at the times and places it decides.
	(2)	However, the school board must meet at least 4 times a year.
	(3)	The chairperson—
	(a)	may at any time call a meeting of the school board; and
	(b)	must call a meeting if asked by the Minister, the director‑general or 3 members of the board.
	(4)	If the chairperson is not available to call a meeting for any reason, the deputy chairperson or the principal of the school may call a meeting of the school board.
48	Procedures governing proceedings of school boards
	(1)	The chairperson of the school board of a government school presides at all meetings of the board at which the chairperson is present.
	(2)	If the chairperson is absent, the deputy chairperson presides.
	(3)	If the chairperson and deputy chairperson are both absent, the member chosen by the members present presides.
	(4)	Business may be carried out at a meeting of the school board only if 3 or more members are present and—
	(a)	for the school board of a school other than a school to which section 43 (Composition of school boards of school-related institutions and other schools in special circumstances) applies—at least 1 of the members present is a staff member and at least 1 of the members present is a parents and citizens association member; or
	(b)	for the school board of a school to which section 43 applies—the members (if any) who are required, under the determination under section 43 (4) or (5) applying to the school, to be present at a meeting of the school board are present.
	(5)	At a meeting of the school board each member (other than a non-voting member) has a vote on each question to be decided.
	(6)	A question is to be decided by a majority of the votes of the members present and voting but, if the votes are equal, the member presiding has a casting vote.
	(7)	The school board may hold meetings, or allow members to take part in meetings, by telephone, closed-circuit television or another form of communication.
	(8)	A member who takes part in a meeting under subsection (7) is taken to be present at the meeting.
	(9)	A resolution of the school board is a valid resolution, even though it is not passed at a meeting of the board, if—
	(a)	all members (other than the non-voting members) agree, in writing, to the proposed resolution; and
	(b)	notice of the resolution is given under procedures decided by the school board.
	(10)	The school board must keep minutes of its meetings.
	(11)	The school board may conduct its proceedings (including its meetings) as it otherwise considers appropriate.
	(12)	In this section:
non-voting member means—
	(a)	for the school board of a school other than a school to which section 43 applies—a board appointed member; or
	(b)	for the school board of a school to which section 43 applies—a member who, under the determination under section 43 (4) or (5) applying to the school, may not vote at a meeting of the school board.
49	Disclosure of interests by members of school boards
	(1)	This section applies to a member of a school board if—
	(a)	the member has a direct or indirect financial interest in an issue being considered, or about to be considered, by the board; and
	(b)	the interest could conflict with the proper exercise of the member’s functions in relation to the board’s consideration of the issue.
	(2)	As soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a meeting of the school board.
	(3)	The disclosure must be recorded in the school board’s minutes and, unless the board otherwise decides, the member (the first member) must not—
	(a)	be present when the board considers the issue; or
	(b)	take part in a decision of the board on the issue.
	(4)	Any other member who also has a direct or indirect financial interest in the issue must not—
	(a)	be present when the school board is considering its decision under subsection (3) in relation to the first member; or
	(b)	take part in making the decision.
	(5)	Within 14 days after the end of each financial year, the chairperson of the school board must give the director‑general a statement of any disclosure of interest made under this section in relation to the school board during the financial year.
49A	Protection of members of school boards
	(1)	A person who is, or has been, a member of a school board of a government school is not civilly liable for an act or omission done honestly in the exercise of a function under this Act.
	(2)	Any liability that would, apart from subsection (1), attach to a person attaches to the Territory.
Division 3.4.4	Financial matters
50	School boards to approve budgets
	(1)	The school board of a government school must approve a budget for each year.
	(2)	The school board must approve the budget before the date decided by the director‑general.
	(3)	The budget may only be approved by the school board if it is in the form, and based on the accounting or other policies or practices, (if any) required by the director‑general.
	(4)	The director‑general may ask the school board to approve a budget for a part of a year.
	(5)	The school board must comply with the request.
	(6)	If the school board approves the budget, money of the school may be spent in accordance with the budget.
51	Application of money of school 
The school board of a government school may approve the spending of money of the school only in payment or discharge of the costs of, or liabilities incurred by, the school.
52	School boards to approve financial statement and report
	(1)	As soon as practicable after the end of each half-year (but not later than the date decided by the director‑general), the school board of a government school must approve a financial statement for the half-year, in a form approved by the director‑general or as the director‑general directs.
	(2)	As soon as practicable after the end of each year (but not later than the date decided by the director‑general), the school board of a government school must approve an annual report on the board’s operations during the year.
	(3)	The annual report must include—
	(a)	the financial statements approved under subsection (1) for each half-year; and
	(b)	a statement of how voluntary contributions made to the school have been or will be spent; and
	(c)	if a school board is holding funds in reserve—a statement setting out the purposes for which the funds are being held and the amount being held for each of those purposes.
Note	If a form is approved under s 154 for a statement under par (c), the form must be used.
	(4)	The school board must give a copy of each report approved under this section to the director‑general.
	(5)	The director‑general may issue guidelines about what is, or is not, holding funds in reserve.
53	School boards to make available summaries of budget and annual report 
	(1)	Not later than 14 days after approving the budget for a year, the school board of a government school must make a summary of the budget available to parents of students at the school and to the staff and students of the school.
	(2)	Not later than 14 days after approving the annual report for a year, the school board of a government school must make a summary of the report available to parents of students at the school and to the staff and students of the school.

Part 3.5	Government Schools Education Council
Division 3.5.1	Establishment and membership
54	Establishment of council (government)
The Government Schools Education Council (in this part called the council) is established.
55	Functions of council (government)
The functions of the council are—
	(a)	to advise the Minister on any aspect of the ACT government school system; and
	(b)	when asked by the Minister under this paragraph, to inquire into and give advice to the Minister on any aspect of the ACT government school system; and
	(c)	to meet with the Non-Government Schools Education Council to discuss matters of mutual interest; and
	(d)	to exercise any other function given to the council under this Act or any other Territory law.
Note	The Minister must present a copy of any advice given under s 55 (a) or (b) to the Legislative Assembly (see s 66A).
56	Membership of council (government)
The council consists of the following members:
	(a)	the director‑general; 
	(b)	the members (appointed members) appointed under section 57.
57	Appointed members of council (government)
	(1)	The Minister must appoint the following members of the council:
	(a)	a chairperson; 
	(b)	6 people who, in the Minister’s opinion, have experience in 1 or more of the areas of business and commerce, public policy, early childhood care, education, the special needs of young people and teacher education (the community members); 
	(c)	10 people who, in the Minister’s opinion, represent the views of government school education (the education members).
Note 1	For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.  
Note 2	In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
Note 3	Certain Ministerial appointments require consultation with a Legislative Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
	(2)	For subsection (1) (c), the Minister must appoint—
	(a)	2 education members chosen from nominations of the peak organisation representing principals; and
	(b)	2 education members chosen from nominations of the government teacher union; and
	(c)	2 education members chosen from nominations of the peak organisation representing parent associations of government schools; and
	(d)	2 education members chosen from nominations of the peak organisation representing students; and
	(e)	1 education member chosen from nominations of the peak organisation representing school boards; and
	(f)	1 education member chosen from nominations of the peak organisation representing preschool parents.
58	Deputy chairperson of council (government)
	(1)	The appointed members must, whenever necessary, elect another appointed member to be deputy chairperson.
	(2)	The council must tell the Minister of the election of an appointed member as deputy chairperson.
59	Term of appointment to council (government)
	(1)	An appointed member is to be appointed for a term not longer than 3 years.
	(2)	The instrument appointing, or evidencing the appointment of, an appointed member must state whether the person is appointed as chairperson or a community or education member.
Note	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
60	Ending of appointment to council (government)
	(1)	The Minister may end the appointment of an appointed member—
	(a)	for misbehaviour; or
	(b)	for contravening section 65 (Disclosure of interests by members of council (government)).
Note	A person’s appointment also ends if the person resigns (see Legislation Act, s 210).
	(2)	The Minister may also end the appointment of an education member if satisfied that the person no longer represents the views of the organisation from which the person was chosen.
61	Conditions of appointment generally of appointed members
An appointed member holds the position on the conditions not provided by this Act or another Territory law that are decided by the Minister.
62	Arrangements for staff
	(1)	The council may arrange with the director‑general to use public servants in the administrative unit under the director‑general’s control.
Note	The director‑general means the director‑general of the administrative unit responsible for this section (see Legislation Act, s 163 (References to a director‑general or the director‑general)). Administrative units are established under the administrative arrangements (see Public Sector Management Act 1994, s 13).
	(2)	The Public Sector Management Act 1994 applies to the management by the council of public servants the subject of an arrangement under subsection (1).
Division 3.5.2	Proceedings of council (government)
63	Time and place of meetings of council (government)
	(1)	The council meets at the times and places it decides.
	(2)	However, the council must meet at least twice a year.
	(3)	The chairperson—
	(a)	may at any time call a meeting of the council; and
	(b)	must call a meeting if asked by the Minister, the director‑general or at least 9 members.
	(4)	If the chairperson is not available to call a meeting for any reason, the deputy chairperson may call a meeting of the council.
64	Procedures governing proceedings of council (government)
	(1)	The chairperson of the council presides at all meetings of the council at which the chairperson is present.
	(2)	If the chairperson is absent, the deputy chairperson presides.
	(3)	If the chairperson and deputy chairperson are both absent, the member chosen by the members present presides.
	(4)	Business may be carried out at a meeting of the council only if 9 members are present.
	(5)	At a meeting of the council each appointed member has a vote on each question to be decided.
	(6)	A question is to be decided by a majority of the votes of the members present and voting but, if the votes are equal, the member presiding has a casting vote.
	(7)	The council may hold meetings, or allow members to take part in meetings, by telephone, closed-circuit television or another form of communication.
	(8)	A member who takes part in a meeting under subsection (7) is taken to be present at the meeting.
	(9)	A resolution of the council is a valid resolution, even though it was not passed at a meeting of the council, if—
	(a)	all appointed members agree, in writing, to the proposed resolution; and
	(b)	notice of the resolution is given under procedures decided by the council.
	(10)	The council must keep minutes of its meetings.
	(11)	The council may conduct its proceedings (including its meetings) as it otherwise considers appropriate.
65	Disclosure of interests by members of council (government)
	(1)	This section applies to a member of the council if—
	(a)	the member has a direct or indirect financial interest in an issue being considered, or about to be considered, by the council; and
	(b)	the interest could conflict with the proper exercise of the member’s functions in relation to the council’s consideration of the issue.
	(2)	As soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a meeting of the council.
	(3)	The disclosure must be recorded in the council’s minutes and, unless the council otherwise decides, the member (the first member) must not—
	(a)	be present when the council considers the issue; or
	(b)	take part in a decision of the council on the issue.
	(4)	Any other member who also has a direct or indirect financial interest in the issue must not—
	(a)	be present when the council is considering its decision under subsection (3) in relation to the first member; or
	(b)	take part in making the decision.
	(5)	Within 14 days after the end of each financial year, the chairperson of the council must give the Minister a statement of any disclosure of interest made under this section during the financial year.
Division 3.5.3	Other provisions relating to council (government)
66	Minister to seek advice 
	(1)	Before deciding the budget priorities and strategic directions for government schools each year, the Minister must ask for, and consider the advice of, the Government Schools Education Council. 
	(2)	This section does not limit the matters that the Minister may take into account in deciding the budget priorities and strategic directions for government schools.
66A	Minister to present advice of council (government)
The Minister must present a copy of advice given to the Minister under section 55 (a) or (b) (Functions of council (government)) to the Legislative Assembly within 6 sitting days after the day it is given to the Minister.

Part 3.6	Other provisions
Division 3.6.1	Authorised persons (government)
67	Appointment of authorised persons (government)
	(1)	The director‑general may appoint a person to be an authorised person (government) for this Act or a provision of this Act, other than chapter 4 (Non-government schools).
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.  
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
	(2)	The regulations may prescribe a person to be an authorised person (government) for this Act or a provision of this Act, other than chapter 4.
	(3)	A person may be appointed as an authorised person (government) under subsection (1) only if—
	(a)	the person is an Australian citizen or a permanent resident of Australia; and
	(b)	the director‑general is satisfied that the person is a suitable person to be appointed, having regard in particular to—
	(i)	whether the person has any criminal convictions; and
	(ii)	the person’s employment record; and
	(c)	the person has satisfactorily completed adequate training to exercise the powers of an authorised person (government) proposed to be given to the person.
	(4)	To remove any doubt, a person may be both an authorised person (government) and an authorised person (non-government).
68	Identity cards for authorised persons (government)
	(1)	The director‑general must give an authorised person (government) an identity card that states the person is an authorised person (government) for this Act, or stated provisions of this Act, and shows—
	(a)	a recent photograph of the person; and
	(b)	the name of the person; and
	(c)	the date of issue of the card; and
	(d)	an expiry date for the card; and
	(e)	anything else prescribed under the regulations.
	(2)	A person who ceases to be an authorised person (government) must return his or her identity card to the director‑general as soon as practicable, but within 21 days after the day the person ceases to be an authorised person.
Maximum penalty:  1 penalty unit.
	(3)	An offence against subsection (2) is a strict liability offence.
Division 3.6.2	Inspection powers for government schools
69	Power not to be exercised before identity card shown etc
	(1)	An authorised person (government) may exercise a power under this chapter in relation to a person only if the authorised person first shows the person his or her identity card.
	(2)	An authorised person (government) may not remain in a government school entered under this division if, when asked by the principal, the authorised person does not show his or her identity card.
70	Entry to government schools
An authorised person (government) may enter a government school at any time.
71	Powers on entry
An authorised person (government) who enters a government school under section 70 may inspect the school or anything in it (including the register of enrolment and attendances).

Chapter 4	Non-government schools
Part 4.1	General
    
74	Meaning of school in ch 4
In this chapter:
school does not include a government school.
75	Principles on which ch 4 based
The following are the principles on which this chapter is based:
	(a)	the non-government school sector consists of schools from a range of different educational and religious philosophies;
	(b)	the variety of schools in the sector reflects the diversity of the community in the ACT and the preferences of parents for a particular style of education for their children;
	(c)	the non-government schools sector is committed to—
	(i)	developing the spiritual, physical, emotional and intellectual welfare of its students; and
	(ii)	innovation, diversity and choice; and
	(iii)	maximising student outcomes; and
	(iv)	teacher, parent and student participation in all aspects of school education; and
	(v)	promoting the partnership between home and school; and
	(vi)	preparing students for their full participation in all aspects of a democratic society.
77	Registrar
The Minister must appoint a Registrar of Non-Government Schools.
Note 1	For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.  
Note 2	In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
Note 3	Certain Ministerial appointments require consultation with a Legislative Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
78	Functions of registrar
The registrar has the following functions:
	(a)	to register non-government schools; 
	(b)	to keep a register of non-government schools; 
	(c)	to exercise any other function given to the registrar under this Act or any other Territory law.
79	Register of non-government schools
	(1)	The registrar must keep a register of non-government schools.
	(2)	A person may, without charge, inspect the register of non‑government schools during ordinary business hours at the office of the director‑general.
	(3)	A person may, on payment of the reasonable copying costs, obtain a copy of all or part of the register.
80	Availability of information about operation of non-government schools and their educational programs
	(1)	The principal of a non-government school must make available to parents of students at the school and to the staff and students of the school information about the school’s educational programs and policies, and the operation of the school.
	(2)	The principal of a non-government school must also consult parents of students at the school about the operation of the school, including its educational programs and policies.
81	Approved educational courses for students at non-government schools
	(1)	The principal of a non-government school may approve educational courses that may be provided to a student enrolled at the school at a place other than the school.
	(2)	An approval may be subject to conditions.
	(3)	However, the principal may approve an educational course only if satisfied that—
	(a)	the standard of the course is appropriate; and
	(b)	there are adequate facilities for conducting the course; and
	(c)	the premises where the course is to be conducted comply with any relevant Territory laws about health and safety standards.

Part 4.2	Registration—non-government schools
82	Schools to be registered
	(1)	A person must not conduct a school unless it is registered or provisionally registered under this part.
Maximum penalty:  50 penalty units.
	(2)	The principal of a school commits an offence if—
	(a)	the school is not registered or provisionally registered under this part; and 
	(b)	the school begins educating a student at any educational level.
Maximum penalty:  20 penalty units.
	(3)	The principal of a school commits an offence if—
	(a)	the school is not registered or provisionally registered under this part for education at a particular campus; and
	(b)	the school begins educating a student at that campus.
Maximum penalty:  10 penalty units.
	(4)	The principal of a school commits an offence if—
	(a)	the school is not registered or provisionally registered under this part for education at a particular education level; and
	(b)	the school begins educating a student at that education level.
Maximum penalty:  10 penalty units.
	(5)	An offence against this section is a strict liability offence.
83	Applications for in-principle approval for proposed registration
	(1)	This section applies if a person intends to make application under—
	(a)	section 85 for provisional registration of a school; or
	(b)	section 88A for registration of a school at an additional campus; or
	(c)	section 89 for registration of a school at an additional educational level.
	(2)	The person must apply in writing to the Minister for approval (in-principle approval) to apply for the proposed registration.
Note	If a form is approved under s 154 for the application, the form must be used.
	(3)	The application must state the day the person proposes to begin operating the school or operating the school at the additional campus or additional educational level (the proposed opening day).
	(4)	The proposed opening day must be at least 2 years, but not more than 4 years, after the day the application is made.
	(5)	The director‑general must publish notice of the making of the application in a daily newspaper.
	(6)	The notice must state that written comments on the proposed registration may be made to the Minister within a stated period of at least 60 days after the day the notice is published.
	(7)	The director‑general must make a copy of the application for in‑principle approval available for inspection free of charge to the public during ordinary business hours at the office of an administrative unit administered by the director‑general.
84	Deciding in-principle applications 
	(1)	In deciding whether to give in-principle approval for the provisional registration of a school, the Minister must have regard to—
	(a)	whether the proposed school would undermine the viability of existing schools; and
	(b)	whether there is, or is likely to be, demand in the community for the proposed school, including—
	(i)	any increase, or likely increase, in the number of school-age children in the area where the school is to be located; and 
	(ii)	the level of registration of interest shown by the community for the proposed school.
	(2)	In deciding whether to give in-principle approval for the registration of a school at an additional campus, the Minister must have regard to—
	(a)	whether the provision of the additional campus by the school would undermine the viability of other existing schools; and
	(b)	the demand for the additional campus, including the level of registration of interest shown by the community for the proposed provision of the additional campus by the school.
	(3)	In deciding whether to give in-principle approval for the registration of a school at an additional educational level, the Minister must have regard to—
	(a)	whether the provision of the additional educational level by the school would undermine the viability of other existing schools; and
	(b)	the demand for the additional educational level, including the level of registration of interest shown by the community for the proposed provision of the additional educational level by the school.
	(4)	If the Minister is satisfied after considering the application, and after having regard to any comments made under section 83 (6) and the matters mentioned in subsection (1), (2) or (3), that in-principle approval should be given for the proposed registration, the Minister must, by written notice, give the person in-principle approval for the proposed application.
	(5)	If the Minister is not satisfied after considering the application, and after having regard to any comments made under section 83 (6) and the matters mentioned in subsection (1), (2) or (3), that in-principle approval should be given for the proposed registration, the Minister must, by written notice, refuse to give the person in-principle approval for the proposed application.
	(6)	A notice under subsection (4) or (5) must state the Minister’s reasons for giving or refusing to give in-principle approval for the proposed registration.
	(7)	The director‑general must make a copy of the Minister’s reasons available for inspection free of charge to the public during ordinary business hours at the office of an administrative unit administered by the director‑general.
	(8)	An in-principle approval lapses on whichever of the following is later:
	(a)	2 years after the day it is given; 
	(b)	the proposed opening day.
85	Application for provisional registration
	(1)	This section applies if—
	(a)	a person has in-principle approval under section 84 to apply for provisional registration of a school; and
	(b)	the person has given the registrar written notice of the person’s intention to apply at least the prescribed period before the first day of the school year or term when it is proposed to begin operating the school; and
	(c)	the in-principle approval has not lapsed.
	(2)	The person may apply in writing to the Minister for provisional registration of the school.
	(3)	The application must state where the school is to be located.
Note	If a form is approved under s 154 for the application, the form must be used.
	(4)	The director‑general must publish notice of the making of the application in a daily newspaper.
	(5)	The director‑general must make a copy of the application for provisional registration available for inspection free of charge to the public during ordinary business hours at the office of an administrative unit administered by the director‑general.
	(6)	In this section:
prescribed period means—
	(a)	6 months; or
	(b)	if the Minister approves a shorter period for the notice—that period.
86	Provisional registration
	(1)	This section applies if an application is made under section 85 for provisional registration of a school.
	(2)	Before deciding whether the school should be provisionally registered, the Minister must appoint a panel to report to the Minister on the application.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.  
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
Note 3	Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
	(3)	If the Minister is satisfied after considering the panel’s report that the school meets the criteria mentioned in subsection (6), the Minister must direct the registrar to provisionally register the school.
Note	Section 93 deals with the duration of provisional registration.
	(4)	If the Minister directs the registrar to provisionally register the school, the registrar must provisionally register the school by—
	(a)	entering particulars of the school required under the regulations in the register of non-government schools; and
	(b)	giving the proprietor of the school a certificate of provisional registration for the school.
	(5)	If the Minister is not satisfied after considering the panel’s report that the school meets the criteria mentioned in subsection (6), the Minister must direct the registrar to refuse to provisionally register the school.
	(6)	The criteria for provisional registration of a school are that—
	(a)	the proprietor of the school is a corporation; and
	(b)	the school will have appropriate policies, facilities and equipment for—
	(i)	the curriculum to be offered by the school; and
	(ii)	the safety and welfare of its students; and
	(c)	the curriculum (including the framework of the curriculum and the principles on which the curriculum is based) will meet the curriculum requirements for students attending government schools; and
	(d)	the nature and content of the education to be offered at the school will be appropriate for the educational levels for which provisional registration of the school is sought; and
	(e)	the teaching staff will be qualified to teach at the educational levels at which they are to be employed to teach; and
	(f)	the school will have satisfactory processes to monitor quality educational outcomes; and
	(g)	the school will be financially viable.
87	Application for registration
	(1)	This section applies to a school that has been provisionally registered for at least 12 months.
	(2)	The proprietor of the school may apply in writing to the Minister for registration of the school at the educational levels for which the school is provisionally registered.
Note	If a form is approved under s 154 for the application, the form must be used.
	(3)	The director‑general must publish notice of the making of the application in a daily newspaper.
	(4)	The director‑general must make a copy of the application for registration available for inspection free of charge to the public during ordinary business hours at the office of an administrative unit administered by the director‑general.
88	Registration
	(1)	This section applies if an application is made under section 87 for registration of a school.
	(2)	Before deciding whether the school should be registered, the Minister must appoint a panel to report to the Minister on the application.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.  
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
Note 3	Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
	(3)	If the Minister is satisfied after considering the panel’s report that the school meets the criteria mentioned in subsection (6), the Minister must direct the registrar to register the school for a stated period of not longer than 5 years.
	(4)	If the Minister directs the registrar to register the school, the registrar must register the school by—
	(a)	entering particulars of the school required under the regulations in the register of non-government schools; and
	(b)	giving the proprietor of the school a certificate of registration for the school.
	(5)	If the Minister is not satisfied after considering the panel’s report that the school meets the criteria mentioned in subsection (6), the Minister must direct the registrar to refuse to register the school.
	(6)	The criteria for registration of a school are that—
	(a)	the proprietor of the school is a corporation; and
	(b)	the school has appropriate policies, facilities and equipment for—
	(i)	the curriculum offered by the school; and
	(ii)	the safety and welfare of its students; and
	(c)	the curriculum (including the framework of the curriculum and the principles on which the curriculum is based) meets the curriculum requirements for students attending government schools; and
	(d)	the nature and content of the education offered at the school are appropriate for the educational levels for which the school is provisionally registered; and
	(e)	the teaching staff are qualified to teach at the educational levels at which they are employed to teach; and
	(f)	the school has satisfactory processes to monitor quality educational outcomes; and
	(g)	the school is financially viable.
88A	Application for registration at additional campus
	(1)	This section applies if—
	(a)	a proprietor of a registered non-government school has in‑principle approval under section 84 (Deciding in‑principle applications) to apply for registration of the school at a stated additional campus; and
	(b)	the proprietor has given the registrar written notice of the proprietor’s intention to apply at least the prescribed period before the first day of the school year or term when it is proposed to begin operating the school at the additional campus; and
	(c)	the in-principle approval has not lapsed.
	(2)	The proprietor of the school may apply in writing to the Minister for registration of the school at the additional campus.
Note	If a form is approved under s 154 for the application, the form must be used.
	(3)	The director‑general must publish notice of the making of the application in a daily newspaper.
	(4)	The notice must state that written comments on the proposed registration may be made to the Minister within a stated period of at least 60 days after the day the notice is published.
	(5)	The director‑general must make a copy of the application for registration available for inspection free of charge to the public during ordinary business hours at the office of an administrative unit administered by the director‑general.
	(6)	In this section:
prescribed period means—
	(a)	6 months; or
	(b)	if the Minister approves a shorter period for the application—that period.
88B	Registration at additional campus
	(1)	This section applies if an application is made under section 88A for registration of a school at an additional campus.
	(2)	Before deciding whether the school should be registered at the additional campus, the Minister must appoint a panel to report to the Minister on the application.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
Note 3	Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
	(3)	If the Minister is satisfied after considering the panel’s report that the school meets the criteria mentioned in subsection (7), the Minister must direct the registrar to register the school at the additional campus.
	(4)	If the Minister directs the registrar to register the school at the additional campus, the registrar must register the school at the additional campus by—
	(a)	entering the particulars of the school required under the regulations in the register of non-government schools; and
	(b)	giving the proprietor of the school a certificate of registration that includes the additional campus (a new certificate).
	(5)	If the registrar gives the proprietor a new certificate, the proprietor must return the school’s existing certificate of registration to the registrar within 14 days after the day the proprietor receives the new certificate.
	(6)	If the Minister is not satisfied after considering the panel’s report that the school meets the criteria mentioned in subsection (7), the Minister must direct the registrar to refuse to register the school at the additional campus.
	(7)	The criteria for registration of a school at an additional campus are that—
	(a)	the school will have appropriate policies, facilities and equipment for—
	(i)	the curriculum to be offered by the school at the additional campus; and
	(ii)	the safety and welfare of its students at the additional campus; and
	(b)	the curriculum (including the framework of the curriculum and the principles on which the curriculum is based) meets the curriculum requirements for students attending government schools; and
	(c)	the nature and content of the education to be offered at the school will be appropriate for the additional campus; and
	(d)	the teaching staff will be qualified to teach at the additional campus; and
	(e)	the school will have satisfactory processes to monitor quality educational outcomes at the additional campus; and
	(f)	the school will be financially viable.
89	Application for registration at additional educational levels
	(1)	This section applies if—
	(a)	a proprietor of a registered non-government school has in-principle approval under section 84 (Deciding in-principle applications) to apply to operate the school at a stated additional educational level; and
	(b)	the proprietor has given the registrar written notice of the proprietor’s intention to apply at least the prescribed period before the first day of the school year or term when it is proposed to begin operating the school at the additional educational level; and
	(c)	the in-principle approval has not lapsed.
	(2)	The proprietor of the school may apply in writing to the Minister for registration of the school at the additional educational level.
Note	If a form is approved under s 154 for the application, the form must be used.
	(3)	The director‑general must publish notice of the making of the application in a daily newspaper.
	(4)	The notice must state that written comments on the proposed registration may be made to the Minister within a stated period of at least 60 days after the day the notice is published.
	(5)	The director‑general must make a copy of the application for registration available for inspection free of charge to the public during normal business hours at the office of an administrative unit administered by the director‑general.
	(6)	In this section:
prescribed period means—
	(a)	6 months; or
	(b)	if the Minister approves a shorter period for the application—that period.
90	Registration at additional educational levels
	(1)	This section applies if an application made under section 89 for registration of a school at an additional educational level.
	(2)	Before deciding whether a school should be registered at the additional educational level, the Minister must appoint a panel to report to the Minister on the application.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
Note 3	Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
	(3)	If the Minister is satisfied after considering the panel’s report that the school meets the criteria mentioned in subsection (7), the Minister must direct the registrar to register the school at the additional educational level.
	(4)	If the Minister directs the registrar to register the school at the additional educational level, the registrar must register the school at the additional educational level by—
	(a)	entering the particulars of the school required under the regulations in the register of non-government schools; and
	(b)	giving the proprietor of the school a certificate of registration that includes the additional educational level (a new certificate).
	(5)	If the registrar gives the proprietor a new certificate, the proprietor must return the school’s existing certificate of registration to the registrar within 14 days after the day the proprietor receives the new certificate.
	(6)	If the Minister is not satisfied after considering the panel’s report that the school meets the criteria mentioned in subsection (7), the Minister must direct the registrar to refuse to register the school at the additional educational level.
	(7)	The criteria for registration of a school at an additional educational level are that—
	(a)	the school will have appropriate policies, facilities and equipment for—
	(i)	the curriculum to be offered by the school at the additional educational level; and
	(ii)	the safety and welfare of its students at the additional educational level; and
	(b)	the curriculum (including the framework of the curriculum and the principles on which the curriculum is based) meets the curriculum requirements for students attending government schools; and
	(c)	the nature and content of the education to be offered at the school will be appropriate for the additional educational level; and
	(d)	the teaching staff will be qualified to teach at the additional educational level; and
	(e)	the school will have satisfactory processes to monitor quality educational outcomes at the additional educational level; and
	(f)	the school will be financially viable.
91	Conditions of provisional registration or registration
The conditions of provisional registration or registration of a school under this part are that—
	(a)	the proprietor of the school remains a corporation; and
	(b)	the school has appropriate policies, facilities and equipment for—
	(i)	the curriculum offered by the school; and
	(ii)	the safety and welfare of its students; and
	(c)	the curriculum (including the framework of the curriculum and the principles on which the curriculum is based) meets the curriculum requirements for students attending government schools; and
	(d)	the nature and content of the education offered at the school are appropriate for the educational levels for which the school is provisionally registered or registered; and
	(e)	the teaching staff are qualified to teach at the educational levels at which they are employed to teach; and
	(f)	the school has satisfactory processes to monitor quality educational outcomes; and
	(g)	the school is financially viable.
92	Certificate of provisional registration or registration
	(1)	A certificate of provisional registration or registration of a non-government school must—
	(a)	state the proprietor of the school; and
	(b)	state the educational level or levels for which the school is provisionally registered or registered under this part; and
	(c)	state the location of the campus or campuses for which the school is provisionally registered or registered under this part; and
	(d)	state the term of provisional registration or registration; and
	(e)	include any other particulars required under the regulations.
	(2)	The registrar may include any other particulars in the certificate that the registrar considers appropriate.
	(3)	The proprietor of a registered non-government school must tell the registrar in writing about a change in any of the particulars of the certificate within 1 month after the day the change happens.
93	Period of provisional registration and registration
	(1)	Provisional registration of a school ends when the earliest of the following happens:
	(a)	2 years after the school is provisionally registered;
	(b)	the school is registered under section 88.
	(2)	Registration of a school is for a period not longer than 5 years stated in the school’s certificate of registration.
94	Investigation of complaints—non-government schools
	(1)	The proprietor of a non-government school must develop and implement a complaints policy for the school.
	(2)	The proprietor of a non-government school must, as soon as practicable, investigate any complaint about the administration, management and operation of the school that, in the proprietor’s opinion, is not a frivolous or vexatious complaint.
95	Cancellation of provisional registration or registration
	(1)	The Minister may direct the registrar to cancel the provisional registration or registration of a school if satisfied on reasonable grounds—
	(a)	that a condition of the school’s provisional registration or registration has been contravened; or
	(b)	that the school’s proprietor or principal has otherwise contravened this Act.
Note	Section 91 (Conditions of provisional registration or registration) sets out the conditions of registration.
	(2)	Before directing the registrar to cancel the provisional registration or registration of a school, the Minister must give the proprietor of the school a written notice—
	(a)	stating the grounds on which the Minister proposes to direct the registrar to cancel the provisional registration or registration; and
	(b)	stating the facts that, in the Minister’s opinion, establish the grounds; and
	(c)	telling the proprietor that the proprietor may, within 14 days beginning the day after the day the proprietor receives the notice, give a written response to the Minister about the matters in the notice.
	(3)	In deciding whether to direct the registrar to cancel the provisional registration or registration, the Minister must consider any response given to the Minister in accordance with subsection (2) (c).
	(4)	If the Minister is satisfied that the grounds for cancelling the provisional registration or registration have been established, the Minister may direct the registrar to cancel the school’s provisional registration or registration.
	(5)	If the Minister directs the registrar to cancel the school’s provisional registration or registration, the registrar must cancel the provisional registration or registration by noting the cancellation in the particulars of the school in the register of non-government schools.
	(6)	The Minister must give the proprietor written notice of the Minister’s decision.
	(7)	Cancellation of provisional registration or registration takes effect on the day when notice of the cancellation is given to the proprietor or, if the notice states a later date of effect, that date.
96	Application for renewal of registration
	(1)	The proprietor of a non-government school that is registered under this part may apply in writing to the Minister for renewal of the registration.
Note	If a form is approved under s 154 for the application, the form must be used.
	(2)	The application must be made at least the prescribed period before the registration ends.
	(3)	In this section:
prescribed period means—
	(a)	6 months; or
	(b)	if the Minister approves a shorter period—that period.
97	Renewal of registration
	(1)	This section applies if application is made under section 96 for renewal of registration of a school.
	(2)	Before deciding whether the registration of a school should be renewed, the Minister must appoint a panel to report to the Minister on the application.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.  
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
Note 3	Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
	(3)	If the Minister is satisfied, after considering the panel’s report, that the school meets the criteria mentioned in subsection (6), the Minister must direct the registrar to renew the registration of the school for a stated period of not longer than 5 years.
	(4)	If the Minister directs the registrar to renew the registration of the school, the registrar must renew the registration by—
	(a)	entering the particulars of the school required under the regulations in the register of non-government schools; and
	(b)	giving the proprietor of the school a certificate of registration for the school.
	(5)	If the Minister is not satisfied, after considering the panel’s report, that the school meets the criteria mentioned in subsection (6), the Minister must direct the registrar to refuse to renew the registration of the school.
	(6)	The criteria for renewal of registration of a school are that—
	(a)	the proprietor of the school remains a corporation; and
	(b)	the school has appropriate policies, facilities and equipment for—
	(i)	the curriculum offered by the school; and
	(ii)	the safety and welfare of its students; and
	(c)	the curriculum (including the framework of the curriculum and the principles on which the curriculum is based) meets the curriculum requirements for students attending government schools; and
	(d)	the nature and content of the education offered at the school are appropriate for the educational levels for which the school is provisionally registered or registered; and
	(e)	the teaching staff are qualified to teach at the educational levels at which they are employed to teach; and
	(f)	the school has satisfactory processes to monitor quality educational outcomes; and
	(g)	the school is financially viable.
98	Inspection of panel reports for school registration etc
	(1)	This section applies to a report to the Minister by a panel under any of the following provisions:
	(a)	section 86 (Provisional registration);
	(b)	section 88 (Registration);
	(c)	section 88B (Registration at additional campus);
	(d)	section 90 (Registration at additional educational levels);
	(e)	section 97 (Renewal of registration).
	(2)	A person may, without charge, inspect a copy of the report during ordinary business hours at the office of the director‑general.
	(3)	A person may, on payment of the reasonable copying costs, obtain a copy of all or part of the report.

Part 4.3	Attendance at non-government schools
99	Keeping of register of enrolments and attendances for non-government schools
	(1)	The principal of a non-government school, or the person giving an approved educational course (non-government), commits an offence if the principal or person fails to keep a register of enrolments and attendances
Maximum penalty:  10 penalty units.
	(2)	An offence against this section is a strict liability offence.
100	Keeping records of enrolment and attendances for non-government schools
	(1)	The principal of a non-government school, or the person giving an approved educational course (non-government), must ensure that the following information is entered in the register of enrolments and attendances:
	(a)	the full name of each student enrolled at the school or course; 
	(b)	a record of the attendance or nonattendance of the student at the school or course on every day when the school or course is open for attendance.
Maximum penalty:  10 penalty units.
	(2)	The principal of a non-government school, or the person giving an approved educational course (non-government), commits an offence if—
	(a)	the principal or person makes an entry in the register of enrolments and attendances; and
	(b)	the principal or person is reckless about whether the entry is correct.
Maximum penalty:  10 penalty units.
	(3)	An offence against subsection (1) is a strict liability offence.
101	Inspection of register of enrolment and attendances for non-government schools
	(1)	The principal of a non-government school, or the person giving an approved educational course (non-government), commits an offence if—
	(a)	an authorised person (non-government) asks the principal or person to make the register of enrolments and attendances available to the authorised person; and 
	(b)	the principal or person fails to make the register available as asked.
Maximum penalty:  10 penalty units.
	(2)	The principal of a non-government school, or the person giving an approved educational course (non-government), commits an offence if—
	(a)	the director‑general or an authorised person (non-government) asks the principal or the person to give the director‑general or authorised person stated information about enrolments or attendances of students at the school or course during a stated period or at a stated time; and
	(b)	the principal or person fails to give the information in accordance with the request.
Maximum penalty:  50 penalty units.
	(3)	An authorised person (non-government) may make copies of the register of enrolments and attendances or any part of the register.
	(4)	The principal of a non-government school, or the person giving an approved educational course (non-government), must take reasonable steps to assist an authorised person (non-government) in exercising functions under this section.
	(5)	An offence against this section is a strict liability offence.
102	Procedures to encourage attendance at non-government schools
	(1)	The principal of a non-government school must set up procedures—
	(a)	to encourage students to attend school regularly; and
	(b)	to help parents to encourage their children to attend school regularly.
	(2)	The principal must refer parents and children to support services that encourage children to attend school regularly when the procedures mentioned in subsection (1) are not successful.
	(3)	If a student enrolled at a non-government school has not been attending school regularly, the principal of the school may, by written notice, require the student’s parents and the student to meet with an authorised person (non-government) at a stated place and time.
103	Reporting to parents—non-government schools
	(1)	The principal of a non-government school must set up procedures for giving reports to the parents of a student enrolled at the school about the student’s academic progress and social development at the school.
	(2)	A report must be given to the student’s parents at least twice a year.
104	Suspension, transfer or exclusion of students—Catholic systemic schools
	(1)	This section applies if—
	(a)	a student attending a non-government school that is a Catholic systemic school—
	(i)	is persistently and wilfully noncompliant; or
	(ii)	threatens to be violent or is violent to another student attending the school, a member of the staff of the school or anyone else involved in the school’s operation; or
	(iii)	acts in a way that otherwise threatens the good order of the school or the safety or wellbeing of another student attending the school, a member of staff of the school or anyone else involved in the school’s operation; or
	(iv)	displays behaviour that is disruptive to the student’s learning or that of other students; and
	(b)	the principal of the school is satisfied that action should be taken under this section.
	(2)	The principal may recommend to the director that the director—
	(a)	suspend the student from the school for a stated period of not longer than 20 days; or
	(b)	transfer the student to another Catholic systemic school; or
	(c)	exclude the student from all Catholic systemic schools.
	(3)	After considering the principal’s recommendation, the director may—
	(a)	give effect to the recommendation; or
	(b)	take any other action mentioned in subsection (2) that the director considers appropriate; or
	(c)	suspend the student for not longer than 20 days.
	(4)	The director may exclude the student only if—
	(a)	the student’s parents have been given an opportunity to be consulted, and told in writing, about the proposed exclusion of the student and the reasons for it; and
	(b)	the student has been given a reasonable opportunity to attend counselling, undertake relevant educational programs or receive other appropriate assistance; and
	(c)	as far as the student’s maturity and capacity for understanding allow, the participation of the student has been sought, and any views of the student considered, in deciding whether to exclude the student; and
	(d)	the student has been given sufficient information about the decision-making process, in a language and way that the student can understand, to allow the student to take part in the process; and
	(e)	the student has been offered information about alternatives for continuing the student’s education after the exclusion.
	(5)	The director may suspend or transfer the student only if—
	(a)	the student’s parents have been given an opportunity to be consulted, and told in writing, about the proposed suspension or transfer of the student and the reasons for it; and
	(b)	as far as the student’s maturity and capacity for understanding allow, the participation of the student has been sought, and any views of the student considered, in deciding whether to suspend or transfer the student; and
	(c)	the student has been given sufficient information about the decision-making process, in a language and way that the student can understand, to allow the student to take part in the process; and
	(d)	the student has been given a reasonable opportunity to continue the student’s education during the suspension.
	(6)	Despite subsection (5), the director may immediately suspend the student for not longer than 5 days if, in the director’s opinion, the circumstances are of such urgency or seriousness to require the student’s immediate suspension.
	(7)	However, before suspending the student under subsection (6), the director must comply with the requirements of subsection (5) (a) to (d) to the extent that it is practicable and appropriate to do so.
	(8)	To remove any doubt, the director may suspend the student under subsection (6) while deciding what other action (if any) should be taken in relation to the student under this section.
	(9)	If the student is suspended for 7 or more school days in a school term (whether or not consecutive school days), the director must ensure that the student is given a reasonable opportunity to attend appropriate counselling.
	(10)	The director may delegate the director’s power to suspend a student from a school for not longer than 15 days to the principal of the school.
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act, pt 19.4.
	(11)	If the director excludes a student from all Catholic systemic schools, the director must give the registrar written notice of the exclusion.
	(12)	In this section:
director means the person occupying the position prescribed under the regulations. 
105	Suspension or exclusion of students—other non-government schools 
	(1)	This section applies if—
	(a)	a student attending a non-government school (other than a Catholic systemic school)—
	(i)	is persistently and wilfully noncompliant; or
	(ii)	threatens to be violent or is violent to another student attending the school, a member of the staff of the school or anyone else involved in the school’s operation; or
	(iii)	acts in a way that otherwise threatens the good order of the school or the safety or wellbeing of another student attending the school, a member of staff of the school or anyone else involved in the school’s operation; or
	(iv)	displays behaviour that is disruptive to the student’s learning or that of other students; and
	(b)	the principal of the school is satisfied that action should be taken under this section.
	(2)	The principal may—
	(a)	suspend the student from the school for a stated period of not longer than 20 days; or
	(b)	exclude the student from the school.
	(3)	The principal may exclude the student only if—
	(a)	the student’s parents have been given an opportunity to be consulted, and told in writing, about the proposed exclusion of the student and the reasons for it; and
	(b)	the student has been given a reasonable opportunity to attend counselling, undertake relevant educational programs or receive other appropriate assistance; and
	(c)	as far as the student’s maturity and capacity for understanding allow, the participation of the student has been sought, and any views of the student considered, in deciding whether to exclude the student; and
	(d)	the student has been given sufficient information about the decision-making process, in a language and way that the student can understand, to allow the student to take part in the process; and
	(e)	the student has been offered information about alternatives for continuing the student’s education after the exclusion.
	(4)	The principal may suspend the student only if—
	(a)	the student’s parents have been given an opportunity to be consulted, and told in writing, about the proposed suspension of the student and the reasons for it; and
	(b)	as far as the student’s maturity and capacity for understanding allow, the participation of the student has been sought, and any views of the student considered, in deciding whether to suspend the student; and
	(c)	the student has been given sufficient information about the decision-making process, in a language and way that the student can understand, to allow the student to take part in the process; and
	(d)	the student has been given a reasonable opportunity to continue the student’s education during the suspension.
	(5)	Despite subsection (4), the principal may immediately suspend a student for not longer than 5 days if, in the principal’s opinion, the circumstances are of such urgency or seriousness to require the student’s immediate suspension.
	(6)	However, before suspending a student under subsection (5), the principal must comply with the requirements of subsection (4) (a) to (d) to the extent that it is practicable and appropriate to do so.
	(7)	To remove any doubt, the principal may suspend the student under subsection (5) while deciding what other action (if any) should be taken in relation to the student under this section.
	(8)	If the student is suspended for 7 or more school days in a school term (whether or not consecutive school days), the principal must ensure that the student is given a reasonable opportunity to attend appropriate counselling.
	(9)	If the principal of the school excludes a student from the school, the principal must give the registrar written notice of the exclusion.

Part 4.4	Non-government Schools Education Council
Division 4.4.1	Establishment and membership
106	Establishment of council (non-government)
The Non-government Schools Education Council (in this part called the council) is established.
107	Functions of council (non-government)
The functions of the council are—
	(a)	to advise the Minister on any aspect of non-government schooling; and
	(b)	when asked by the Minister under this paragraph, to inquire into and give advice to the Minister on any aspect of non-government schooling; and
	(c)	to meet with the Government Schools Education Council to discuss matters of mutual interest; and
	(d)	to exercise any other function given to the council under this Act or any other Territory law.
Note	The Minister must present a copy of any advice given under s 107 (a) or (b) to the Legislative Assembly (see s 118A).
108	Membership of council (non-government)
The council consists of the members appointed under section 109.
109	Members of council (non-government)
	(1)	The Minister must appoint the following members of the council:
	(a)	a chairperson;
	(b)	4 people who, in the Minister’s opinion, represent the views of the general community (the community members);
	(c)	6 people who, in the Minister’s opinion, represent the views of non-government school education (the education members).
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.  
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
Note 3	Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
	(2)	For subsection (1) (c), the Minister must appoint—
	(a)	3 education members chosen from nominations of organisations representing Catholic schools; and
	(b)	1 education member chosen from nominations of organisations representing non-Catholic independent schools; and
	(c)	1 education member chosen from nominations of the non-government school union; and
	(d)	1 education member chosen from nominations of organisations representing parent associations of non-government schools.
110	Deputy chairperson of council (non-government)
	(1)	The members of the council must, whenever necessary, elect another member to be deputy chairperson.
	(2)	The council must tell the Minister of the election of the member as deputy chairperson.
111	Term of appointment to council (non-government)
	(1)	A member of the council is to be appointed for a term not longer than 3 years.
	(2)	The instrument appointing, or evidencing the appointment of, a member of the council must state whether the person is appointed as chairperson or a community or education member.
Note	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
112	Ending of appointment to council (non-government)
	(1)	The Minister may end the appointment of a member of the council—
	(a)	for misbehaviour; or
	(b)	for contravening section 117 (Disclosure of interests by members of council (non-government)).
	(2)	The Minister may also end the appointment of an education member if satisfied that the person no longer represents the views of the organisation from which the person was chosen.
Note	A person’s appointment also ends if the person resigns (see Legislation Act s 210).
113	Conditions of appointment generally of council (non-government) members
A member of the council holds the position on the conditions not provided by this Act or another Territory law that are decided by the Minister.
114	Arrangements for staff
	(1)	The council (non-government) may arrange with the director‑general to use public servants in the administrative unit under the director‑general’s control.
Note	The director‑general means the director‑general of the administrative unit responsible for this section (see Legislation Act, s 163 (References to a director‑general or the director‑general)). Administrative units are established under the administrative arrangements (see Public Sector Management Act 1994, s 13).
	(2)	The Public Sector Management Act 1994 applies to the management by the council (non-government) of public servants the subject of an arrangement under subsection (1).
Division 4.4.2	Proceedings of council (non-government)
115	Time and place of meetings of council (non-government)
	(1)	The council meets at the times and places it decides.
	(2)	However, the council must meet at least twice a year.
116	Proceedings of council (non-government)
	(1)	The council must keep minutes of its meetings.
	(2)	The council may conduct its proceedings (including its meetings) as it considers appropriate.
117	Disclosure of interests by members of council (non-government)
	(1)	This section applies to a member of the council if—
	(a)	the member has a direct or indirect financial interest in an issue being considered, or about to be considered, by the council; and
	(b)	the interest could conflict with the proper exercise of the member’s functions in relation to the council’s consideration of the issue.
	(2)	As soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a meeting of the council.
	(3)	The disclosure must be recorded in the council’s minutes and, unless the council otherwise decides, the member (the first member) must not—
	(a)	be present when the council considers the issue; or
	(b)	take part in a decision of the council on the issue.
	(4)	Any other member who also has a direct or indirect financial interest in the issue must not—
	(a)	be present when the council is considering its decision under subsection (3) in relation to the first member; or
	(b)	take part in making the decision.
	(5)	Within 14 days after the end of each financial year, the chairperson of the council must give the Minister a statement of any disclosure of interest made under this section during the financial year.
Division 4.4.3	Other provisions relating to council (non-government)
118	Minister to seek advice 
	(1)	Before deciding the budget priorities for non-government schools each year, the Minister must ask for, and consider the advice of, the Non-government Schools Education Council. 
	(2)	This section does not limit the matters that the Minister may take into account in deciding the budget priorities for non-government schools.
118A	Minister to present advice of council (non-government)
The Minister must present a copy of advice given to the Minister under section 107 (a) or (b) (Functions of council (non-government)) to the Legislative Assembly within 6 sitting days after the day it is given to the Minister.

Part 4.5	Other provisions
Division 4.5.1	Authorised persons (non-government)
119	Appointment of authorised persons (non-government)
	(1)	The director‑general may appoint a person to be an authorised person (non-government) for this chapter or a provision of this chapter.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.  
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
	(2)	The regulations may prescribe a person to be an authorised person (non-government) for this chapter or a provision of this chapter.
	(3)	A person may be appointed as an authorised person (non-government) under subsection (1) only if—
	(a)	the person is an Australian citizen or a permanent resident of Australia; and
	(b)	the director‑general is satisfied that the person is a suitable person to be appointed, having regard in particular to—
	(i)	whether the person has any criminal convictions; and
	(ii)	the person’s employment record; and
	(c)	the person has satisfactorily completed adequate training to exercise the powers of an authorised person (non-government) proposed to be given to the person.
	(4)	To remove any doubt, a person may be both an authorised person (government) and an authorised person (non-government).
120	Identity cards for authorised persons (non-government)
	(1)	The director‑general must give an authorised person (non-government) an identity card that states the person is an authorised person (non-government) for this chapter, or stated provisions of this chapter, and shows—
	(a)	a recent photograph of the person; and
	(b)	the name of the person; and
	(c)	the date of issue of the card; and
	(d)	an expiry date for the card; and
	(e)	anything else prescribed under the regulations.
	(2)	A person who ceases to be an authorised person (non-government) must return his or her identity card to the director‑general as soon as practicable, but within 21 days after the day the person ceases to be an authorised person.
Maximum penalty:  1 penalty unit.
	(3)	An offence against subsection (2) is a strict liability offence.
Division 4.5.2	Inspection powers for non‑government schools
121	Power not to be exercised before identity card shown etc
	(1)	An authorised person (non-government) may exercise a power under this chapter in relation to a person only if the authorised person first shows the person his or her identity card.
	(2)	An authorised person (non-government) may not remain in a non-government school entered under this division if, when asked by the principal, the authorised person does not show his or her identity card.
122	Entry to non-government schools for inspections
To find out whether this Act is being complied with, an authorised person (non-government) may enter a non-government school at any time when it is being used as a school under this Act.
123	Entry to non-government schools with consent
	(1)	An authorised person (non-government) may enter a non-government school at any other time if the principal of the school consents to the entry.
	(2)	An authorised person (non-government) may, without the principal’s consent, enter the non-government school to ask for consent to enter the school.
124	Consent to entry
	(1)	This section applies if an authorised person (non-government) intends to ask the principal of a non-government school to consent to the authorised person entering the school.
	(2)	Before asking for the consent, the authorised person (non-government) must tell the principal—
	(a)	the reason for the entry; and
	(b)	that the principal is not required to consent.
	(3)	If the consent is given, the authorised person (non-government) must ask the principal to sign an acknowledgment of the consent.
	(4)	The acknowledgment must state that—
	(a)	the principal was told—
	(i)	the reason for the entry; and
	(ii)	that the principal is not required to consent; and
	(b)	the principal gives an authorised person (non-government) consent to enter the school and exercise powers under this chapter; and
	(c)	the time and date the consent was given.
	(5)	If the principal signs an acknowledgment of consent, the authorised person (non-government) must immediately give a copy to the principal.
	(6)	A court may assume that the principal did not consent if—
	(a)	a question arises, in a proceeding in the court, whether the principal consented to the authorised person (non-government) entering the school under this chapter; and
	(b)	an acknowledgment under this section is not produced in evidence for the entry; and
	(c)	it is not proved that the principal consented to the entry.
125	Powers on entry
An authorised person (non-government) who enters a non-government school under section 122 (Entry to non-government schools for inspections) or section 123 (Entry to non-government schools with consent) may inspect the school or anything in it (including the register of enrolments and attendances).

Chapter 5	Home education
Part 5.1	General
    
128	Principles on which ch 5 based
The following are the principles on which this chapter is based:
	(a)	parents have the right to choose a suitable educational environment for their children;
	(b)	there is a diversity of religious and educational philosophies held by parents providing home education for their children;
	(c)	the diversity of educational philosophies reflects the diversity of preferences of parents for particular forms of education for their children;
	(d)	home education is committed to—
	(i)	offering a broad range of opportunities that foster in each child the development of the child’s unique spiritual, emotional, physical, social and intellectual being; and
	(ii)	valuing the individual needs, interests and aptitudes of each child; and
	(iii)	preparing each child to become an independent and effective local and global citizen.

Part 5.2	Registration—home education
129	Meaning of home education
In this Act:
home education, in relation to a child, means education conducted by 1 or both of the child’s parents from a home base.
130	Provisional registration for home education
	(1)	The parents of a child may apply, in writing, to the director‑general for registration of the child for home education.
Note	If a form is approved under s 154 for the application, the form must be used.
	(2)	On receiving an application under subsection (1), the director‑general must provisionally register the child for home education.
	(3)	Provisional registration for home education ends—
	(a)	6 months after the day the provisional registration begins; or
	(b)	if the child is registered sooner under section 131 (3)—on the day the child is registered.
131	Registration for home education
	(1)	This section applies if a child is provisionally registered for home education under section 130.
	(2)	Also, this section applies if—
	(a)	the parents of a child apply in writing to the director‑general for registration for home education; and
	(b)	immediately before the application, the child was registered or approved (however described) under the law of a State or another Territory for home education.
	(3)	The director‑general may register the child for home education for a period of not longer than 2 years if satisfied that the conditions for registration will be complied with.
	(4)	To decide whether the conditions for registration will be complied with, an authorised person (government) may inspect any education programs, materials or other records proposed to be used for the home education.
132	Conditions of registration for home education
The registration of a child for home education is subject to the following conditions:
	(a)	the parents of the child are to provide high-quality education for the child;
	(b)	the parents of the child must document the educational opportunities offered by the parents to their child and the strategies they use to encourage their child to learn;
	(c)	the parents of the child must make available for inspection on request by the director‑general any education programs, materials or other records used for the home education.
133	Registration of child
If the director‑general approves the registration of a child for home education, the director‑general must—
	(a)	enter the particulars prescribed under the regulations in the home education register kept under section 139 (Home education register); and
	(b)	give the parents of the child a certificate of registration for the child.
134	Period of registration
Registration of a child for home education is for the period (not longer than 2 years) stated in the certificate of registration.
135	Cancellation of registration for home education
	(1)	The director‑general may cancel the registration of a child for home education if the director‑general is satisfied on reasonable grounds that a parent has contravened a condition of the registration.
	(2)	Before cancelling registration, the director‑general must give the parents a written notice—
	(a)	stating the grounds on which the director‑general proposes to cancel the registration; and
	(b)	stating the facts that, in the director‑general’s opinion, establish the grounds; and
	(c)	telling the parents that they may, within 30 days beginning the day after the day they receive the notice, give a written response to the director‑general about the matters in the notice.
	(3)	In deciding whether to cancel registration, the director‑general must consider any response given to the director‑general in accordance with subsection (2) (c).
	(4)	However, the director‑general must not cancel the registration if satisfied that—
	(a)	the parents have demonstrated that the contravention has been rectified and that they will comply with the conditions of the registration; and
	(b)	it is not otherwise in the public interest that the registration be cancelled.
	(5)	The director‑general must give the parents written notice of the decision.
	(6)	Cancellation of registration takes effect on the day when notice of the cancellation is given to the parents or, if the notice states a later date of effect, that date.
136	Certificate of registration for home education
A certificate of registration for home education must state—
	(a)	the name of the child registered for home education; and
	(b)	the names of the child’s parents; and
	(c)	the address of the home base from which the home education will be carried out; and
	(d)	the period of registration; and
	(e)	the conditions of registration; and
	(f)	any other particulars prescribed under the regulations.
137	Renewal of registration for home education
	(1)	The parents of a child who is registered for home education under this part may apply in writing to the director‑general for renewal of the registration.
Note	If a form is approved under s 154 for the application, the form must be used.
	(2)	The application must be made at least the prescribed period before the registration ends.
	(3)	The director‑general may renew the registration of the child for home education for a period of not longer than 2 years if satisfied that the conditions for registration will be complied with.
	(4)	In this section:
prescribed period means—
	(a)	3 months; or 
	(b)	if the director‑general approves a shorter period—that period.
138	Home education reports
The parents of a child registered for home education must give the director‑general a report about the educational progress of the child once every year.
139	Home education register
The director‑general must keep a register of children registered for home education.

Chapter 6	Miscellaneous
Part 6.1	Notification and review of decisions
140	Definitions—pt 6.1
In this part:
decision-maker means—
	(a)	for an internally reviewable decision—a person mentioned in schedule 1, column 5 in relation to the decision; or
	(b)	for a reviewable decision—
	(i)	the internal reviewer in relation to the decision; or
	(ii)	if the decision is made personally by the Minister or director‑general—a person mentioned in schedule 1, column 5 in relation to the decision.
internally reviewable decision means a decision (other than a decision made personally by the Minister or director‑general) mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.
internal reviewer—see section 144 (1). 
internal review notice—see the ACT Civil and Administrative Tribunal Act 2008, section 67B (1).
reviewable decision means—
	(a)	a decision of an internal reviewer in relation to an internally reviewable decision; or
	(b)	if a decision is made personally by the Minister or director‑general—a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.
141	Internal review notices
If a decision-maker makes an internally reviewable decision, the decision‑maker must give an internal review notice to each entity mentioned in schedule 1, column 4 in relation to the decision.
Note 1	The decision-maker must also take reasonable steps to give an internal review notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67B). 
Note 2	The requirements for internal review notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
142	Applications for internal review
	(1)	The following may apply to the decision-maker for review of an internally reviewable decision:
	(a)	an entity mentioned in schedule 1, column 4 in relation to the decision;
	(b)	any other person whose interests are affected by the decision. 
	(2)	The application must—
	(a)	be in writing; and
	(b)	state the applicant’s name and address; and
	(c)	set out the applicant’s reasons for making the application.
Note	If a form is approved under s 154 for the application, the form must be used.
	(3)	The application must be given to the decision-maker within—
	(a)	28 days after the day the applicant is given the internal review statement; or
	(b)	a longer period allowed by the internal reviewer before or after the end of the 28-day period.
143	Applications not stay reviewable decisions
Making an application for internal review of an internally reviewable decision does not affect the operation of the decision.
144	Internal review 
	(1)	If application is made for internal review of an internally reviewable decision, the decision-maker must arrange for someone else (the internal reviewer) to review the decision.
	(2)	The internal reviewer must, within 28 days after the decision-maker receives the application for internal review—
	(a)	confirm the decision; or
	(b)	vary the decision; or
	(c)	set aside the decision and substitute its own decision.
	(3)	If the decision is not varied or set aside within the 28-day period, the decision is taken to have been confirmed by the internal reviewer.
145	Reviewable decision notices
If a decision-maker makes a reviewable decision, the decision‑maker must give a reviewable decision notice to—
	(a)	for a decision in relation to an internally reviewable decision—each entity that is given an internal review notice; or
	(b)	for a decision made personally by the Minister or director‑general—each entity mentioned in schedule 1, column 4 in relation to the decision. 
Note 1	The decision-maker must also take reasonable steps to give a reviewable decision notice to anyone whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 
Note 2	The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
145A	Applications to ACAT
The following may apply to the ACAT for review of a reviewable decision:
	(a)	an entity mentioned in schedule 1, column 4;
	(b)	any other person whose interests are affected by the decision.
Note	If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

Part 6.2	Other provisions
    
146A	Student transfer register
	(1)	The director‑general must establish procedures for recording the transfer of students between schools in the ACT.
	(2)	The principal of a school must comply with any procedures for recording the transfer of students to and from the school that the director‑general—
	(a)	establishes under subsection (1); and
	(b)	notifies to the principal.
	(3)	In this section:
school means a government school or non-government school.
147	Offences on school premises
	(1)	A person must not trespass on school premises.
Maximum penalty:  5 penalty units.
	(2)	A person commits an offence if the person behaves in an offensive or disorderly way on school premises.
Maximum penalty:  10 penalty units.
	(3)	A person commits an offence if the person—
	(a)	is on school premises; and
	(b)	is directed to leave the premises by a police officer, the principal of the school or a person authorised by the principal; and
	(c)	fails to leave the premises in accordance with the direction.
Maximum penalty:  10 penalty units.
	(4)	An offence against this section is a strict liability offence.
	(5)	In this section:
school premises means land (including any building or structure on the land) occupied by a school.
148	Obligations on parents
	(1)	For this Act, if an obligation is expressed to apply to the parents of a child it is sufficient for any parent of the child to carry out the obligation.
	(2)	For this Act, if an obligation is expressed to apply to the parents of a child and no parent carries out the obligation, each parent is liable for the failure to carry out the obligation.
149	Notification of parents
For this Act, if notice is required to be given to the parents of a child or student, or there is an obligation to ask or tell the parents of a child or student something, it is sufficient if a parent of the child or student is given notice or asked or told the thing.
150	Minister may grant scholarships etc
	(1)	The Minister may give bursaries, exhibitions, free places, prizes, scholarships or other forms of assistance or reward to be used for—
	(a)	the benefit of a student at a government school, or at a college or university in the ACT; or
	(b)	the benefit of a government school, or a college or university in the ACT; or
	(c)	a child registered for home education in the ACT.
Example for par (b)
a fund to provide for a teacher with particular skills to teach at a particular government school
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	To remove any doubt, this section does not appropriate public money.
151	Gifts and donations
	(1)	This section applies if the Minister is satisfied that a condition  attached to, or a purpose of, a gift or bequest of property to the Territory on trust for educational purposes (the original trust) is inappropriate, impracticable, or impossible to comply with.
	(2)	The Minister may declare the property the subject of the original trust is subject to another trust.
	(3)	The declaration must state the purposes of the other trust.
	(4)	In making the declaration, the Minister must ensure that the property is dealt with as nearly as is practicable for the purposes for which it was held immediately before the declaration, except so far as it is inappropriate, impracticable, or impossible to do so.
	(5)	When the declaration commences, the original trust ceases and the property is taken to be held by the Territory in trust for the purposes stated in the declaration.
	(6)	A declaration is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
152	Education trust fund
	(1)	The Minister must keep and administer a fund called the education trust fund.
	(2)	The assets of the fund may only be used in accordance with this section.
	(3)	The director‑general must open and maintain under the Financial Management Act 1996, section 51 (Directorate trust banking accounts) a trust account with an authorised deposit-taking institution (the education trust account) to be used only for the fund.
	(4)	The account consists of—
	(a)	money held by the Territory in trust in relation to anything mentioned in section 150 (Minister may grant scholarships etc); and
	(b)	any other money that may be lawfully paid into the fund.
	(5)	The fund may be used only for the following purposes:
	(a)	promoting education; 
	(b)	giving bursaries, exhibitions, free places, prizes, scholarships or other forms of assistance or reward for a benefit mentioned in section 150; 
	(c)	any other purpose prescribed under the regulations.
153	Notices of intention under former education Act to conduct schools at additional educational levels
	(1)	This section applies in relation to a school if—
	(a)	before 27 November 2003, a person gave the registrar a notice of intention under the former education Act, section 22 (1) (Provisional registration) in relation to the school; and
	(b)	the notice related to the conduct of the school at an additional educational level; and
	(c)	the school was registered under the former education Act, section 23 immediately before the commencement of this section.
	(2)	For section 89 (1) (a), the proprietor of the school is taken to have in-principle approval under section 84 to apply to operate the school at the additional educational level.
	(3)	For section 89 (1) (c), and despite section 84 (8), the in-principle approval is taken to lapse on 31 December 2014.
	(4)	In this section:
former education Act means the Education Act 1937 (repealed).
registrar—see the former education Act, section 5.
	(5)	This section expires on 1 January 2015.
153A	Evidence—certificate signed by principal etc
	(1)	This section applies in relation to a proceeding for an offence against this Act.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
	(2)	A certificate that appears to be signed by the principal of a government school, the principal of a non-government school, the person giving an approved educational course (government) or the person giving an approved educational course (non-government) and that states any of the following matters, is evidence of the matters:
	(a)	that a stated child was or was not enrolled at the school or course;
	(b)	that a stated child did or did not attend the school or course.
	(3)	A certificate that appears to be signed by the registrar (however described) of an education provider or training alternative provider and that states any of the following matters, is evidence of the matters:
	(a)	that a stated child was or was not enrolled with the provider;
	(b)	that a stated child did or did not attend the provider.
	(4)	A certificate that appears to be signed by a child’s employer or purported employer in relation to an employment alternative and that states any of the following matters, is evidence of the matters:
	(a)	that a stated child was or was not employed with the employer or purported employer;
	(b)	that a stated child worked for stated hours.
	(5)	A certificate mentioned in this section may state a matter by reference to a date or period.
154	Approved forms
	(1)	The Minister may approve forms for this Act.
	(2)	If the Minister approves a form for a particular purpose, the approved form must be used for that purpose.
Note	For other provisions about forms, see Legislation Act, s 255.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
155	Regulation-making power
	(1)	The Executive may make regulations for this Act.
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(2)	The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations.

Chapter 9	Transitional—Education (Participation) Amendment Act 2009
    
300	Meaning of amending Act—ch 9
In this chapter:
amending Act means the Education (Participation) Amendment Act 2009.
301	Application of amending Act
	(1)	The amendments made by the amending Act do not apply in relation to a child if on 1 January 2010—
	(a)	the child is at least 15 years old; and
	(b)	the child is not—
	(i)	enrolled at a school; or
	(ii)	registered for home education (however described) in the ACT or elsewhere.
	(2)	However, the amendments made by the amending Act apply in relation to the child if after 1 January 2010 the child is—
	(a)	enrolled at a school; or
	(b)	registered for home education (however described) in the ACT or elsewhere.
	(3)	In this section:
school means—
	(a)	a government school; or
	(b)	a non-government school; or
	(c)	a school (however described) under the law of a State, another Territory or a foreign country.
302	Transitional regulations
	(1)	A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the amending Act.
	(2)	A regulation may modify this chapter (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this chapter.
	(3)	A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.
303	Expiry—ch 9
	(1)	This chapter expires 2 years after the day it commences.
	(2)	This chapter (other than section 302) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

Schedule 1	Reviewable decisions
    
(see pt 6.1)

column 1
item	column 2
section	column 3
decision	column 4
entity	column 5
decision-maker	
1	12A	issue exemption certificate for shorter period than applied for	applicant	director‑general	
2	12A	issue exemption certificate exempting child from full-time participation requirement—participation stated in certificate	applicant	director‑general	
3	12A	refuse to issue exemption certificate	applicant	director‑general	
4	12C	issue exemption certificate subject to condition	applicant	director‑general	
5	13	revoke exemption certificate	child’s parents	director‑general	
6	14A	issue approval statement for shorter period than applied for	applicant	director‑general	
7	14A	issue approval statement approving other than full-time participation—participation stated in statement	applicant	director‑general	
8	14A	refuse to issue approval statement	applicant	director‑general	
9	14C (4)	issue approval statement subject to condition	applicant 	director‑general	
10	15A	revoke approval statement	child’s parents	director‑general	
11	36	suspend, transfer or exclude student	parents of student	director‑general	
12	84 (5)	refuse to give in-principle approval	applicant for in-principle approval	Minister	
13	86 (5)	direct registrar to refuse to provisionally register non‑government school	applicant for provisional registration of school	Minister	
14	88 (3)	direct registrar to register non‑government school for shorter period than applied for	applicant for registration of school	Minister	
15	88 (5)	direct registrar to refuse to register non-government school	applicant for registration of school	Minister	
16	88B (6)	direct registrar to refuse to register non-government school at additional campus	applicant for registration of additional campus	Minister	
17	90 (6)	direct registrar to refuse to register non-government school at additional educational level	applicant of registration at additional educational level	Minister	
18	95 (1)	direct registrar to cancel provisional registration or registration of non-government school	entity that has registration cancelled	Minister	
19	97 (3)	direct registrar to renew registration of non-government school for shorter period than period applied for	applicant for renewal of registration	Minister	
20	97 (5)	direct registrar to refuse to renew registration of non-government school	applicant for renewal of registration	Minister	
21	131 (3)	refuse to register child for home education 	parents of child	director‑general	
22	131 (3)	register child for home education for less than 2 years	parents of child	director‑general	
23	135 (1)	cancel registration of child for home education	parents of child	director‑general	
24	137 (3)	refuse to renew registration of child for home education	parents of child	director‑general	
25	137 (3)	renew registration of child for home education for shorter period than period applied for	parents of child	director‑general	

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1 defines the following terms: 
·	ACAT
·	ACT
·	administrative unit
·	appoint
·	child
·	contravene
·	daily newspaper
·	director‑general (see s 163)
·	exercise
·	fail
·	financial year
·	foreign country
·	function
·	reviewable decision notice
·	State.
appointed member—
	(a)	for the school board of a government school, other than a small school, a school-related institution or another school to which section 43 (Composition of school boards of school-related institutions and other schools in special circumstances) applies—see section 41 (Composition of school boards generally); or
	(b)	for the school board of a small school, other than a school to which section 43 (Composition of school boards of school-related institutions and other schools in special circumstances) applies—see section 42 (Composition of school boards of small schools); or
	(c)	for the Government Schools Education Council—see section 56 (Membership of council (government)).
approval statement, for division 2.4.2 (Approval to participate in training and employment alternatives)—see section 13D.
approved educational course means an approved educational course (government) or approved educational course (non-government).
approved educational course (government) means an educational course approved under section 31 (Approved educational courses for students at government schools).
approved educational course (non-government) means an educational course approved under section 81 (Approved educational courses for students at non-government schools).
authorised person means an authorised person (government) or authorised person (non-government).
authorised person (government) means a person who is an authorised person (government) under section 67 (Appointment of authorised persons (government)).
authorised person (non-government) means a person who is an authorised person (non-government) under section 119 (Appointment of authorised persons (non-government)).
board appointed member—
	(a)	for the school board of a government school, other than a small school, a school-related institution or another school to which section 43 (Composition of school boards of school-related institutions and other schools in special circumstances) applies—see section 41 (Composition of school boards generally); or
	(b)	for a school board of a small school, other than a school to which section 43 (Composition of school boards of school-related institutions and other schools in special circumstances) applies—see section 42 (Composition of school boards of small schools).
carer—see section 6.
community member—
	(a)	for part 3.5 (Government Schools Education Council)—see section 57 (Appointed members of council (government)); and
	(b)	for part 4.4 (Non-government Schools Education Council)—see section 109 (Members of council (government)).
completes year 10—see section 9B.
completes year 12—see section 9C.
compliance notice, for chapter 2 (Compulsory education)—see section 16B.
compulsory education age, for chapter 2 (Compulsory education)—see section 9.
corporal punishment means physical force applied to punish or correct, and includes any action designed or likely to cause physical pain or discomfort  taken to punish or correct.
council—
	(a)	for part 3.5—means the Government Schools Education Council; and
	(b)	for part 4.4—means the Non-Government Schools Education Council.
council (government), for part 3.5—means the Government Schools Education Council. 
council (non-government), for part 4.4—means the Non-government Schools Education Council.
educational course means a course of teaching and learning directed toward acquiring a particular area of knowledge and skills.
education course—see section 9A.
education member—
	(a)	for part 3.5 (Government Schools Education Council)—see section 57 (Appointed members of council (government)); and
	(b)	for part 4.4 (Non-government Schools Education Council)—see section 109 (Members of council (government)).
education provider—see section 9A.
employment alternative—see section 13B.
exclusion—
	(a)	of a student from all government schools—means preventing the student from continuing to be enrolled or being re-enrolled at any government school; and
	(b)	of a student from all Catholic systemic schools—means preventing the student from continuing to be enrolled or being re-enrolled at any Catholic systemic school; and
	(c)	of a student from a non-government school—means preventing the student from continuing to be enrolled or being re-enrolled at the non-government school.
exemption certificate, for chapter 2 (Compulsory education)—see section 11H (Exemption certificate—application).
full-time participation—
	(a)	in an education course, for division 2.2.2 (Participation requirement)—see section 10C; and
	(b)	in a training or employment alternative, for part 2.4 (After year 10—training and employment alternatives)—see section 13C.
full-time participation requirement, for part 2.3 (Exemption certificates)—see section 11G.
government school—
	(a)	means a school established under section 20 (1); and
	(b)	except for section 20—includes a school-related institution established under section 20 (3).
half-year, for part 3.4 (School boards of government schools)—see section 37.
home education—see section 129.
information notice, for chapter 2 (Compulsory education)—see section 11C.
in-principle approval—see section 83 (Applications for in-principle approval for proposed registration).
internally reviewable decision, for part 6.1 (Notification and review of decisions)—see section 140.
internal reviewer for part 6.1 (Notification and review of decisions)—see section 140.
internal review notice, for part 6.1 (Notification and review of decisions)—see section 140.
money, for part 3.4 (School boards of government schools)—see section 37.
non‑government school means a registered non‑government school.
parent—see section 6.
parents and citizens association, for part 3.4 (School boards of government schools)—see section 37.
parents and citizens member—
	(a)	for the school board of a government school, other than a small school, a school-related institution or another school to which section 43 (Composition of school boards of school-related institutions and other schools in special circumstances) applies—see section 41 (Composition of school boards generally); or
	(b)	for the school board of a small school, other than a school to which section 43 applies—see section 42 (Composition of school boards of small schools).
participates, in an education course, for division 2.2.2 (Participation requirement)—see section 10B.
prescribed period, for part 3.4 (School boards of government schools)—see section 37.
proposed opening day—see section 83 (3) (Applications for in-principle approval for proposed registration).
registered non‑government school means a school that is registered or provisionally registered under part 4.2 (Registration—non-government schools).
register of enrolments and attendances, in relation to a person, means the register of enrolments and attendances kept by the person under section 32 (Register of enrolments and attendances for government schools) or section 99 (Register of enrolments and attendances for non-government schools).
register of non-government schools means the register kept by the registrar under section 79.
registrar means the Registrar of Non-Government Schools.
reviewable decision, for part 6.1 (Notification and review of decisions)—see section 140.
school—
	(a)	except for chapter 2, chapter 4 and part 6.2—means a government school; and
	(b)	for chapter 2 (Compulsory education) and part 6.2 (Other provisions)—means a government school or a non-government school; and
	(c)	for chapter 4 (Non-government schools)—see section 74.
school board, of a government school, means the school board of the school established under part 3.4.
school-related institution—see section 20 (Establishing government schools etc).
small school, for part 3.4 (School boards of government schools)—see section 37.
staff, of a school, means the principal and teachers of, and other people employed at, the school.
staff member—
	(a)	for the school board of a government school, other than a small school, a school-related institution or another school to which section 43 (Composition of school boards of school-related institutions and other schools in special circumstances) applies—see section 41 (Composition of school boards generally); or
	(b)	for the school board of a small school, other than a school to which section 43 applies—see section 42 (Composition of school boards of small schools).
student, for part 3.4 (School boards of government schools)—see section 37.
student member, for the school board of a government school, other than a small school, a school-related institution or another school to which section 43 (Composition of school boards of school-related institutions and other schools in special circumstances) applies—see section 41.
training alternative—see section 13A.
training alternative provider—see section 13A.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	

3	Legislation history
Education Act 2004 A2004-17
notified LR 8 April 2004
s 1, s 2 commenced 8 April 2004 (LA s 75 (1))
remainder commenced 1 January 2005 (s 2)
as amended by
Education Amendment Act 2006 A2006-28
notified LR 15 June 2006
s 1, s 2 commenced 15 June 2006 (LA s 75 (1))
remainder commenced 16 June 2006 (s 2)
Education Amendment Act 2006 (No 2) A2006-57
notified LR 19 December 2006
s 1, s 2 commenced 19 December 2006 (LA s 75 (1))
remainder commenced 20 December 2006 (s 2)
Children and Young People (Consequential Amendments) Act 2008 A2008‑20 sch 3 pt 3.12, sch 4 pt 4.14
notified LR 17 July 2008
s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
s 3 commenced 18 July 2008 (s 2 (1))
sch 3 pt 3.12 commenced 27 October 2008 (s 2 (4) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13)
sch 4 pt 4.14 commenced 27 February 2009 (s 2 (5) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see CN2008-13))
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.33
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.33 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.25
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.25 commenced 22 September 2009 (s 2)
Education (Participation) Amendment Act 2009 A2009-40
notified LR 17 November 2009
s 1, s 2 commenced 17 November 2009 (LA s 75 (1))
remainder commenced 1 January 2010 (s 2)
Education Amendment Act 2010 A2010-7
notified LR 3 March 2010
s 1, s 2 commenced 3 March 2010 (LA s 75 (1))
remainder commenced 4 March 2010 (s 2)
Statute Law Amendment Act 2010 A2010-18 sch 1 pt 1.6, sch 3 pt 3.4
notified LR 13 May 2010
s 1, s 2 commenced 13 May 2010 (LA s 75 (1))
sch 1 pt 1.6, sch 3 pt 3.4 commenced 3 June 2010 (s 2)
Education Amendment Act 2010 (No 2) A2010-22
notified LR 6 July 2010
s 1, s 2 commenced 6 July 2010 (LA s 75 (1))
remainder commenced 7 July 2010 (s 2)
Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.16
notified LR 22 February 2011
s 1, s 2 commenced 22 February 2011 (LA s 75 (1))
sch 3 pt 3.16 commenced 1 March 2011 (s 2)
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.57
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.57 commenced 1 July 2011 (s 2 (1))
Education Amendment Act 2011 A2011-51
notified LR 24 November 2011
s 1, s 2 commenced 24 November 2011 (LA s 75 (1))
remainder commenced 1 January 2012 (s 2 and see Education and Care Services National Law (ACT) Act 2011 A2011-42, s 2 and CN2011‑16)

4	Amendment history
Commencement
s 2	om LA s 89 (4)
Meaning of parent and carer
s 6	am A2008-20 amdt 3.26, amdt 4.37
General principles of Act
s 7	am A2006-57 s 4, s 5, s 55
Main objects of Act
s 8	am A2006-57 s 6, s 7; A2009-40 s 4; pars renum R9 LA
Compulsory education
ch 2 hdg	sub A2009-40 s 5
Preliminary—ch 2
pt 2.1 hdg	ins A2009-40 s 5
Meaning of compulsory education age—ch 2
s 9	sub A2009-40 s 5
Meaning of education course and education provider—Act
s 9A	ins A2009-40 s 5
	am A2011-22 amdt 1.183
Meaning of completes year 10—Act
s 9B	ins A2009-40 s 5
	am A2011-22 amdt 1.183
Meaning of completes year 12—Act
s 9C	ins A2009-40 s 5
	am A2011-22 amdt 1.183
Guidelines—certain director‑general functions
s 9D hdg	am A2011-22 amdt 1.183
s 9D	ins A2009-40 s 5
	am A2011-22 amdt 1.183, amdt 1.184
Compulsory education requirements
pt 2.2 hdg	ins A2009-40 s 5
Enrolment, registration and attendance requirements
div 2.2.1 hdg	ins A2009-40 s 5
Child of compulsory education age—enrolment and registration requirement
s 10	am A2006-57 s 8
	sub A2009-40 s 5
	am A2010-18 amdt 1.13; ss renum R11 LA; A2011-3 amdt 3.183; A2011-22 amdt 1.183, amdt 1.184
Child of compulsory education age—school attendance requirement
s 10A	ins A2009-40 s 5
	am A2011-22 amdt 1.183, amdt 1.184
Participation requirement
div 2.2.2 hdg	ins A2009-40 s 5
Meaning of participates in education course—div 2.2.2
s 10B	ins A2009-40 s 5
Meaning of full-time participation in education course—div 2.2.2
s 10C	ins A2009-40 s 5; A2011-22 amdt 1.184
Child of compulsory education age—participation requirement
s 10D	ins A2009-40 s 5
	am A2011-22 amdt 1.183, amdt 1.184
Participation requirement—absence
s 11	sub A2009-40 s 5
Participation requirement—suspension
s 11A	ins A2009-40 s 5
Participation requirement—exclusion
s 11B	ins A2009-40 s 5
Information requirement
div 2.2.3 hdg	ins A2009-40 s 5
Giving information notice
s 11C	ins A2009-40 s 5
	am A2011-22 amdt 1.183
Contents of information notice
s 11D	ins A2009-40 s 5
	am A2011-22 amdt 1.183
Extension of time for compliance with information notice
s 11E	ins A2009-40 s 5
	am A2011-22 amdt 1.183, amdt 1.184
Revocation of information notice on compliance
s 11F	ins A2009-40 s 5
	am A2011-22 amdt 1.183
Exemption certificates
pt 2.3 hdg	ins A2009-40 s 5
Meaning of full-time participation requirement—pt 2.3
s 11G	ins A2009-40 s 5
Exemption certificate—application
s 11H	ins A2009-40 s 5
	am A2011-22 amdt 1.183
Exemption certificate—requirement for further information
s 12	sub A2009-40 s 5
	am A2011-22 amdt 1.183
Exemption certificate—issue
s 12A	ins A2009-40 s 5
	am A2011-22 amdt 1.183
Exemption certificate—form
s 12B	ins A2009-40 s 5
Exemption certificate—conditions
s 12C	ins A2009-40 s 5
	am A2011-22 amdt 1.183
Exemption certificate—duration
s 12D	ins A2009-40 s 5
Exemption certificate—revocation
s 13	am A2008-20 amdt 4.38
	sub A2009-40 s 5
	am A2011-22 amdt 1.183
After year 10—training and employment alternatives
pt 2.4 hdg	ins A2009-40 s 5
Definitions—pt 2.4
div 2.4.1 hdg	ins A2009-40 s 5
Meaning of training alternative and training alternative provider—Act
s 13A	ins A2009-40 s 5
	am A2011-22 amdt 1.183
Meaning of employment alternative—Act
s 13B	ins A2009-40 s 5
Meaning of full-time participation in training or employment alternative—pt 2.4
s 13C	ins A2009-40 s 5
Approval to participate in training and employment alternatives
div 2.4.2 hdg	ins A2009-40 s 5
Approval statement—application
s 13D	ins A2009-40 s 5
	am A2011-22 amdt 1.183
Approval statement—requirement for further information
s 14	sub A2009-40 s 5
	am A2011-22 amdt 1.183
Approval statement—issue
s 14A	ins A2009-40 s 5
	am A2011-22 amdt 1.183
Approval statement—form
s 14B	ins A2009-40 s 5
Approval statement—conditions
s 14C	ins A2009-40 s 5
	am A2011-22 amdt 1.183
Approval statement—compliance requirement
s 14D	ins A2009-40 s 5
	am A2011-22 amdt 1.183, amdt 1.184
Approval statement—duration
s 15	sub A2009-40 s 5
Approval statement—revocation
s 15A	ins A2009-40 s 5
	am A2011-22 amdt 1.183
Return to education while approval statement in force
s 15B	ins A2009-40 s 5
	am A2011-22 amdt 1.183
Training and employment alternatives—deemed participation
div 2.4.3 hdg	ins A2009-40 s 5
Training and employment alternatives—absence
s 15C	ins A2009-40 s 5
Training alternative—suspension
s 15D	ins A2009-40 s 5
Training alternative—exclusion
s 16	sub A2009-40 s 5
Employment alternative—termination
s 16A	ins A2009-40 s 5
Compliance notices
pt 2.5 hdg	ins A2009-40 s 5
Giving compliance notice
s 16B	ins A2009-40 s 5
	am A2011-22 amdt 1.183
Contents of compliance notice
s 16C	ins A2009-40 s 5
	am A2011-22 amdt 1.183
Extension of time for compliance with compliance notice
s 16D	ins A2009-40 s 5
	am A2011-22 amdt 1.183, amdt 1.184
Revocation of compliance notice on compliance
s 17	am A2006-57 s 9
	sub A2009-40 s 5
	am A2011-22 amdt 1.183
Offences—parents
pt 2.6 hdg	ins A2009-40 s 5
Contravention of information and compliance notices
s 17A	ins A2009-40 s 5
Principles on which ch 3 based
s 18	am A2006-57 s 55
Minister to seek advice
s 19	reloc and renum as s 66
Establishing government schools etc
s 20	am A2006-28 s 4; A2010-18 amdt 3.4; A2010-22 ss 4-7; A2011-51 s 4
Independent committee
s 20A	ins A2010-22 s 8
Impacts of closing or amalgamating schools
s 20B	ins A2010-22 s 8
Operation of government schools
s 21	am A2011-22 amdt 1.183
Investigation of complaints—government schools
s 22	am A2011-22 amdt 1.183, amdt 1.184
Review of government school system
s 23	am A2011-22 amdt 1.183
Review of operation of government schools
s 24	am A2011-22 amdt 1.183
Reporting to parents—government schools
s 25	am A2006-57 s 55
Voluntary financial contributions
s 27	am A2006-57 s 55
Religious education
s 29	am A2006-57 s 55
Curriculum
s 30	am A2006-57 s 55; A2011-22 amdt 1.183
Approved educational courses for students at government schools
s 31 hdg	am A2006-57 s 55
s 31	am A2006-57 s 55; A2011-22 amdt 1.183
Keeping records of enrolment and attendances for government schools
s 33	am A2006-57 s 55
Inspection of register of enrolment and attendances for government schools
s 34	am A2006-57 s 55; A2011-22 amdt 1.183
Procedures to encourage school attendance at government schools
s 35	am A2006-57 s 55
Suspension, exclusion or transfer of student by director‑general
s 36 hdg	am A2006-57 s 55; A2011-22 amdt 1.183
s 36	am A2006-57 s 55; A2010-7 s 4; A2011-22 amdt 1.183, amdt 1.184
Definitions for pt 3.4
s 37	def money am A2011-22 amdt 1.183
	def prescribed period am A2006-57 s 11, s 12
	def school am A2011-51 s 5
Establishment of school boards
s 38	am A2011-51 s 6
Functions of school boards etc
s 39	am A2011-22 amdt 1.183, amdt 1.184
Declaration of parents and citizens associations in certain circumstances
s 40	am A2006-57 s 13, s 14; A2011-3 amdt 3.184; A2011-22 amdt 1.183, amdt 1.184
Composition of school boards generally
s 41 hdg	sub A2006-57 s 15
s 41	am A2006-57 s 16; A2011-22 amdt 1.183
Composition of school boards of small schools
s 42 hdg	sub A2006-57 s 17
s 42	am A2006-57s 18; A2011-22 amdt 1.183
Composition of school boards of school-related institutions and other schools in special circumstances
s 43 hdg	sub A2006-57 s 19
s 43	am A2006-57 s 20; A2011-3 amdt 3.185; A2011-22 amdt 1.183
Ending of appointment of members of school board
s 44	am A2011-22 amdt 1.183
Chairperson and deputy chairperson of school boards
s 45	am A2011-22 amdt 1.183
School boards to take part in selection of school principals
s 46	am A2011-22 amdt 1.183
Time and place of meetings of school boards
s 47	am A2011-22 amdt 1.183
Procedures governing proceedings of school boards
s 48	am A2006-57 s 21
Disclosure of interests by members of school boards
s 49	am A2011-22 amdt 1.183
Protection of members of school boards
s 49A	(prev s 72) reloc and renum as s 49A A2006-57 s 26
School boards to approve budgets
s 50	am A2011-22 amdt 1.183
School boards to approve financial statement and report
s 52	am A2011-22 amdt 1.183
Functions of council (government)
s 55	am A2006-57 s 22
Membership of council (government)
s 56	am A2011-22 amdt 1.183
Arrangements for staff
s 62	am A2011-22 amdt 1.178, amdt 1.183, amdt 1.184
Time and place of meetings of council (government)
s 63	am A2011-22 amdt 1.183
Other provisions relating to council (government)
div 3.5.3 hdg	ins A2006-57 s 23
Minister to seek advice
s 66	orig s 66 om A2006-57 s 24
	(prev s 19) reloc and renum as s 66 A2006-57 s 10
Minister to present advice of council (government)
s 66A	(prev s 73) reloc and renum as s 66A A2006-57 s 27
Appointment of authorised persons (government)
s 67	am A2010-18 amdt 1.14; A2011-22 amdt 1.183
Identity cards for authorised persons (government)
s 68	am A2011-22 amdt 1.183
Miscellaneous
div 3.6.3 hdg	om A2006-57 s 25
Protection of members of school boards
s 72	reloc and renum as s 49A
Minister to present advice of council (government)
s 73	reloc and renum as s 66A
Minister to seek advice
s 76	reloc and renum as s 118
Register of non-government schools
s 79	sub A2006-57 s 29
	am A2011-22 amdt 1.183
Approved educational courses for students at non-government schools
s 81 hdg	am A2006-57 s 55
s 81	am A2006-57 s 55
Schools to be registered
s 82	am A2006-57 s 30, s 55; ss renum R4 LA
Applications for in-principle approval for proposed registration
s 83	am A2006-57 s 31, s 32; pars renum R4 LA; A2009-20 amdt 3.63; A2010-18 amdt 1.15; A2011-3 amdt 3.186; A2011-22 amdt 1.183
Deciding in-principle applications
s 84	am A2006-57 s 33, s 34; ss renum R4 LA; A2011-3 amdt 3.187; A2011-22 amdt 1.183
Application for provisional registration
s 85	am A2009-20 amdt 3.63; A2010-18 amdt 1.16; A2011-3 amdt 3.188; A2011-22 amdt 1.183
Application for registration
s 87	am A2009-20 amdt 3.63; A2010-18 amdt 1.17; A2011-3 amdt 3.189; A2011-22 amdt 1.183
Application for registration at additional campus
s 88A	ins A2006-57 s 35
	am A2009-20 amdt 3.63; A2010-18 amdt 1.18; A2011-3 amdt 3.190; A2011-22 amdt 1.183
Registration at additional campus
s 88B	ins A2006-57 s 35
Application for registration at additional educational levels
s 89	am A2009-20 amdt 3.63; A2010-18 amdt 1.19; A2011-3 amdt 3.191; A2011-22 amdt 1.183
Certificate of provisional registration or registration
s 92	am A2006-57 s 36
Application for renewal of registration
s 96	am A2011-3 amdt 3.192
Inspection of panel reports for school registration etc
s 98	am A2006-57 s 37; pars renum R4 LA; A2011-22 amdt 1.183
Keeping records of enrolment and attendances for non-government schools
s 100	am A2006-57 s 55
Inspection of register of enrolment and attendances for non-government schools
s 101	am A2006-57 s 55; A2011-22 amdt 1.183
Procedures to encourage attendance at non-government schools
s 102	am A2006-57 s 55
Reporting to parents—non-government schools
s 103	am A2006-57 s 55
Suspension, transfer or exclusion of students—Catholic systemic schools
s 104 hdg	sub A2006-57 s 38
s 104	am A2006-57 s 55; A2010-7 s 5
Suspension or exclusion of students—other non-government schools
s 105 hdg	am A2006-57 s 55
s 105	am A2006-57 s 55
Functions of council (non-government)
s 107	am A2006-57 s 39
Arrangements for staff
s 114	am A2011-22 amdt 1.179, amdt 1.183, amdt 1.184
Other provisions relating to council (non-government)
div 4.4.3 hdg	ins A2006-57 s 40
Minister to seek advice
s 118	orig s 118 om A2006-57 s 41
	(prev s 76) reloc and renum as s 118 A2006-57 s 28
Minister to present advice of council (non-government)
s 118A	(prev s 127) reloc and renum as s 118A A2006-57 s 44
Appointment of authorised persons (non-government)
s 119	am A2010-18 amdt 1.20; A2011-22 amdt 1.183
Identity cards for authorised persons (non-government)
s 120	am A2011-22 amdt 1.183
Miscellaneous
div 4.5.3 hdg	om A2006-57 s 42
Inspection of register of non-government schools
s 126	om A2006-57 s 43
Minister to present advice of council (non-government)
s 127	reloc and renum as s 118A
Provisional registration for home education
s 130	sub A2006-57 s 45
	am A2011-3 amdt 3.193; A2011-22 amdt 1.183
Registration for home education
s 131	am A2006-57 s 46; A2011-22 amdt 1.183
Conditions of registration for home education
s 132	am A2011-22 amdt 1.183
Registration of child
s 133	am A2006-57 s 47, s 48; A2011-22 amdt 1.183
Cancellation of registration for home education
s 135	am A2011-22 amdt 1.183, amdt 1.184
Renewal of registration for home education
s 137	am A2011-3 amdt 3.194; A2011-22 amdt 1.183
Home education reports
s 138	am A2011-22 amdt 1.183
Home education register
s 139	am A2011-22 amdt 1.183
Notification and review of decisions
pt 6.1 hdg	sub A2008-37 amdt 1.131
Definitions—pt 6.1
s 140	sub A2008-37 amdt 1.131
	def decision-maker ins A2008-37 amdt 1.131
	am A2011-22 amdt 1.183
	def internally reviewable decision ins A2008-37 amdt 1.131
	am A2011-22 amdt 1.183
	def internal reviewer ins A2008-37 amdt 1.131
	def internal review notice ins A2008-37 amdt 1.131
	def reviewable decision ins A2008-37 amdt 1.131
	am A2011-22 amdt 1.183
Internal review notices
s 141	sub A2008-37 amdt 1.131
Applications for internal review
s 142	sub A2008-37 amdt 1.131
Applications not stay reviewable decisions
s 143	sub A2008-37 amdt 1.131
Internal review
s 144	sub A2008-37 amdt 1.131
Reviewable decision notices
s 145	sub A2008-37 amdt 1.131
	am A2011-22 amdt 1.183
Applications to ACAT
s 145A	ins A2008-37 amdt 1.131
Preschools
s 146	am A2011-22 amdt 1.183
	om A2011-51 s 7
Student transfer register
s 146A	ins A2009-40 s 6
	am A2011-22 amdt 1.183
Notification of parents
s 149	am A2006-57 s 55
Gifts and donations
s 151	am A2011-3 amdt 3.195
Education trust fund
s 152	am A2011-22 amdt 1.180, amdt 1.183
Notices of intention under former education Act to conduct schools at additional educational levels
s 153	exp 1 January 2015 (s 153 (5))
Evidence—certificate signed by principal etc
s 153A	ins A2009-40 s 7
Transitional provisions
ch 7 hdg	exp 1 January 2006 (s 171)
Assets and liabilities of former authority
pt 7.1 hdg	exp 1 January 2006 (s 171)
Meaning of former authority
s 156	exp 1 January 2006 (s 171)
Vesting of assets and liabilities of former authority in Territory
s 157	exp 1 January 2006 (s 171)
Evidentiary certificate for vested assets and liabilities
s 158	exp 1 January 2006 (s 171)
Registration of changes in title to certain assets
s 159	exp 1 January 2006 (s 171)
Proceedings and evidence in relation to vested assets and liabilities
s 160	exp 1 January 2006 (s 171)
General savings
pt 7.2 hdg	exp 1 January 2006 (s 171)
Interpretation
div 7.2.1 hdg	exp 1 January 2006 (s 171)
Definitions for pt 7.3
s 161	exp 1 January 2006 (s 171)
Former authority Act
div 7.2.2 hdg	exp 1 January 2006 (s 171)
Existing schools etc
s 162	exp 1 January 2006 (s 171)
Name of schools, institutions and services
s 163	exp 1 January 2006 (s 171)
School boards
s 164	exp 1 January 2006 (s 171)
Parents and citizens associations
s 165	exp 1 January 2006 (s 171)
Members of school boards
s 166	exp 1 January 2006 (s 171)
Former education Act
div 7.2.3 hdg	exp 1 January 2006 (s 171)
Exemption certificates
s 167	exp 1 January 2006 (s 171)
Existing registered and provisionally registered schools
s 168	exp 1 January 2006 (s 171)
Registers
s 169	exp 1 January 2006 (s 171)
Miscellaneous
pt 7.3 hdg	exp 1 January 2006 (s 171)
Modification of ch 7’s operation
s 170	exp 1 January 2006 (s 171)
Expiry of ch 7
s 171	exp 1 January 2006 (s 171)
Declared law for Legislation Act, s 88
s 172	exp 1 January 2006 (s 171)
Repeals and consequential amendments
ch 8 hdg	om LA s 89 (3)
Acts repealed
s 173	om LA s 89 (3)
Regulations repealed
s 174	om LA s 89 (3)
Legislation amended—sch 2
s 175	om LA s 89 (3)
Transitional—Education (Participation) Amendment Act 2009
ch 9 hdg	ins A2009-40 s 8
	exp 1 January 2012 (s 303 (1) (LA s 88 declaration applies))
Meaning of amending Act—ch 9
s 300	ins A2009-40 s 8
	exp 1 January 2012 (s 303 (1) (LA s 88 declaration applies))
Application of amending Act
s 301	ins A2009-40 s 8
	exp 1 January 2012 (s 303 (1) (LA s 88 declaration applies))
Transitional regulations
s 302	ins A2009-40 s 8
	exp 1 January 2012 (s 303 (1))
Expiry—ch 9
s 303	ins A2009-40 s 8
	exp 1 January 2012 (s 303 (1) (LA s 88 declaration applies))
Reviewable decisions
sch 1	sub A2008-37 amdt 1.132
	am A2009-40 s 9; items renum R9 LA; A2011-22 amdt 1.183
Minister’s decisions
sch 1 pt 1.1	am A2006-57 s 50; items renum R4 LA
	om A2008-37 amdt 1.132
Chief executive’s decisions
sch 1 pt 1.2	am A2006-57 s 51, s 55
	om A2008-37 amdt 1.132
Consequential amendments
sch 2	om LA s 89 (3)
Dictionary
dict	am A2008-37 amdt 1.133, amdt 1.134; A2009-20 amdt 3.64; A2009-40 s 10; A2010-18 amdt 1.21; A2011-22 amdt 1.181, amdt 1.182
	def appointed member am A2006-57 s 52
	def approval statement ins A2009-40 s 11
	def approved educational course (government) am A2006‑57 s 55
	def approved educational course (non-government) am A2006‑57 s 55
	def board appointed member am A2006-57 s 52
	def completes year 10 ins A2009-40 s 11
	def completes year 12 ins A2009-40 s 11
	def compliance notice ins A2009-40 s 11
	def compulsory school age sub A2009-40 s 12
	def education course ins A2009-40 s 13
	def education provider ins A2009-40 s 13
	def employment alternative ins A2009-40 s 13
	def exclusion am A2006-57 s 55
	def exemption certificate sub A2009-40 s 14
	def full-time participation ins A2009-40 s 15
	def full-time participation requirement ins A2009-40 s 15
	def government school sub A2011-51 s 8
	def information notice ins A2009-40 s 15
	def internally reviewable decision ins A2008-37 amdt 1.135
	def internal reviewer sub A2008-37 amdt 1.136
	def internal review notice ins A2008-37 amdt 1.137
	def parents and citizens member am A2006-57 s 52
	def participates ins A2009-40 s 15
	def proposed opening day am A2006-57 s 53
	def reviewable decision sub A2008-37 amdt 1.138
	def school am A2009-40 s 16
	sub A2011-51 s 9
	def school-leaving age om A2009-40 s 17
	def staff member am A2006-57 s 53
	def student member am A2006-57 s 53
	def training alternative ins A2009-40 s 18
	def training alternative provider ins A2009-40 s 18

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
1 Jan 2005	1 Jan 2005–
1 Jan 2006	not amended	new Act	
R2
2 Jan 2006	2 Jan 2006–
15 June 2006	not amended	commenced expiry	
R3
16 June 2006	16 June 2006–
19 Dec 2006	A2006-28	amendments by A2006-28	
R4
20 Dec 2006	20 Dec 2006–
26 Oct 2008	A2006-57	amendments by A2006-57	
R5
27 Oct 2008	27 Oct 2008–
1 Feb 2008	A2008-37	amendments by A2008-20	
R6
2 Feb 2009	2 Feb 2009–
26 Feb 2009	A2008-37	amendments by A2008-37	
R7
27 Feb 2009	27 Feb 2009–
21 Sept 2009	A2008-37	amendments by A2008-20	
R8
22 Sept 2009	22 Sept 2009–
31 Dec 2009	A2009-20	amendments by  A2009-20	
R9
1 Jan 2010	1 Jan 2010–
3 Mar 2010	A2009-40	amendments by A2009-40	
R10
4 Mar 2010	4 Mar 2010–
2 June 2010	A2010-7	amendments by A2010-7	
R11
3 June 2010	3 June 2010–
6 July 2010	A2010-18	amendments by A2010-18	
R12
7 July 2010	7 July 2010–
28 Feb 2011	A2010-22	amendments by A2010-22	
R13
1 Mar 2011	1 Mar 2011–
30 June 2011	A2011-3	amendments by A2011-3	
R14
1 July 2011	1 July 2011–
31 Dec 2011	A2011-22	amendments by A2011-22	

©  Australian Capital Territory 2012