Australian Capital Territory
Education Amendment Act 2006 (No 2)
A2006-57
    
Contents
	Page

	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	General principles of Act
Section 7 (1)	2
	5	Section 7 (3)	2
	6	Main objects of Act
Section 8 (a)	3
	7	Section 8 (b)	3
	8	Compulsory enrolment
Section 10 (3) (a)	3
	9	Student transfer register
New section 17 (2)	3
	10	Minister to seek advice
Section 19	4
	11	Definitions for pt 3.4
Section 37, definition of prescribed period, paragraph (a) (i)	4
	12	Section 37, definition of prescribed period, paragraph (b)	4
	13	Declaration of parents and citizens associations in certain circumstances
Section 40 (3)	4
	14	Section 40 (5)	5
	15	Section 41 heading	5
	16	Section 41 (1) (b)	5
	17	Section 42 heading	5
	18	Section 42 (1)	5
	19	Section 43 heading	6
	20	Section 43	6
	21	Procedures governing proceedings of school boards
Section 48 (4) (a)	6
	22	Functions of council (government)
Section 55 (d), note	6
	23	New division 3.5.3 heading	7
	24	Annual report by council (government)
Section 66	7
	25	Division 3.6.3 heading	7
	26	Protection of members of school boards
Section 72	7
	27	Minister to present advice of council (government)
Section 73	7
	28	Minister to seek advice
Section 76	7
	29	Section 79	8
	30	Schools to be registered
New section 82 (2A)	8
	31	Applications for in-principle approval for proposed registration
New section 83 (1) (ab)	8
	32	Applications for in-principle approval for proposed registration
Section 83 (3) and (4)	9
	33	Deciding in-principle applications
New section 84 (1A)	9
	34	Section 84 (3) and (4)	9
	35	New sections 88A and 88B	10
	36	Certificate of provisional registration or registration
Section 92 (1) (c)	12
	37	Inspection of panel reports for school registration etc
New section 98 (1) (ba)	13
	38	Section 104 heading	13
	39	Functions of council (non-government)
Section 107, note	13
	40	New division 4.4.3 heading	13
	41	Annual report by council (non-government)
Section 118	13
	42	Miscellaneous
Division 4.5.3 heading	13
	43	Inspection of register of non-government schools
Section 126	14
	44	Minister to present advice of council (non-government)
Section 127	14
	45	Section 130	14
	46	Registration for home education Section 131 (1)	14
	47	Registration of child
Section 133 (1)	15
	48	Section 133 (2)	15
	49	Members of school boards
Section 166	15
	50	Schedule 1, part 1.1, new item 4A	15
	51	Schedule 1, part 1.2, item 5, column 3	15
	52	Dictionary, definition of appointed member, board appointed member and parents and citizens member	16
	53	Dictionary, definition of proposed opening day	16
	54	Dictionary, definitions of staff member and student member	16
	55	Further amendments, mentions of child etc	16
	56	Education Regulation 2005, section 5 (1) (c)	19
	57	Education Regulation 2005, section 7 heading	19
	58	Education Regulation 2005, section 7 (1) (a)	19

Australian Capital Territory
Education Amendment Act 2006 (No 2)
A2006-57

An Act to amend the Education Act 2004, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Education Amendment Act 2006 (No 2).
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Education Act 2004.
Note	This Act also amends the Education Regulation 2005 (see ss 56-58).
4	General principles of Act
Section 7 (1)
omit
, or in the education of children of school age in the ACT,
substitute
, or in the school or home education of children in the ACT,
5	Section 7 (3)
omit
, or in the education of children of school age in the ACT,
substitute
, or in the school education of children in the ACT,
6	Main objects of Act
Section 8 (a)
omit
in relation to school education
substitute
in relation to education
7	Section 8 (b)
omit
compulsory school education
substitute
compulsory education
8	Compulsory enrolment
Section 10 (3) (a)
substitute
	(a)	the child lives in the ACT but is enrolled in a school under State law and the parents have given the chief executive written notice of the enrolment; or
9	Student transfer register
New section 17 (2)
insert
	(2)	The principal of a school must comply with any procedures established under subsection (1) for recording the transfer of students to and from the school that are notified to the principal by the chief executive.
10	Minister to seek advice
Section 19
relocate to division 3.5.3 as section 66
11	Definitions for pt 3.4
Section 37, definition of prescribed period, paragraph (a) (i)
omit
1 March
substitute
1 April
12	Section 37, definition of prescribed period, paragraph (b)
omit
February
substitute
March
13	Declaration of parents and citizens associations in certain circumstances
Section 40 (3)
omit
subsection (2) or (3)
substitute
subsection (1) or (2)
14	Section 40 (5)
omit
under subsection (1)
substitute
under subsection (4)
15	Section 41 heading
substitute
41	Composition of school boards generally
16	Section 41 (1) (b)
omit
Constitution
substitute
Composition
17	Section 42 heading
substitute
42	Composition of school boards of small schools
18	Section 42 (1)
omit
Constitution
substitute
Composition
19	Section 43 heading
substitute
43	Composition of school boards of school-related institutions and other schools in special circumstances
20	Section 43
omit
constitution
substitute
composition
21	Procedures governing proceedings of school boards
Section 48 (4) (a)
omit
Constitution
substitute
Composition
22	Functions of council (government)
Section 55 (d), note
substitute
Note	The Minister must present a copy of any advice given under s 55 (a) or (b) to the Legislative Assembly (see s 66A).
23	New division 3.5.3 heading
after section 65, insert
Division 3.5.3	Other provisions relating to council (government)
24	Annual report by council (government)
Section 66
omit
25	Division 3.6.3 heading
omit
26	Protection of members of school boards
Section 72
relocate to division 3.4.3 as section 49A
27	Minister to present advice of council (government)
Section 73
relocate to division 3.5.3 as section 66A
28	Minister to seek advice
Section 76
relocate to division 4.4.3 as section 118
29	Section 79
substitute
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 chief executive.
	(3)	A person may, on payment of the reasonable copying costs, obtain a copy of all or part of the register.
30	Schools to be registered
New section 82 (2A)
insert
	(2A)	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 child at that campus.
Maximum penalty:  10 penalty units.
31	Applications for in-principle approval for proposed registration
New section 83 (1) (ab)
insert
	(ab)	section 88A for registration of a school at an additional campus; or
32	Applications for in-principle approval for proposed registration
Section 83 (3) and (4)
substitute
	(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.
33	Deciding in-principle applications
New section 84 (1A)
insert
	(1A)	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.
34	Section 84 (3) and (4)
after
subsection (1)
insert
, (1A)
35	New sections 88A and 88B
insert
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.
	(3)	The chief executive must publish notice of the making of the application in a daily newspaper printed and published in the ACT.
	(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 chief executive must make a copy of the application available for inspection by members of the public at the chief executive’s office during ordinary business hours.
	(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.
36	Certificate of provisional registration or registration
Section 92 (1) (c)
substitute
	(c)	state the location of the campus or campuses for which the school is provisionally registered or registered under this part; and
37	Inspection of panel reports for school registration etc
New section 98 (1) (ba)
insert
	(ba)	section 88B (Registration at additional campus);
38	Section 104 heading
substitute
104	Suspension, transfer or exclusion of students—Catholic systemic schools
39	Functions of council (non-government)
Section 107, note
substitute
Note	The Minister must present a copy of any advice given under s 107 (a) or (b) to the Legislative Assembly (see s 118A).
40	New division 4.4.3 heading
after section 117, insert
Division 4.4.3	Other provisions relating to council (non-government)
41	Annual report by council (non-government)
Section 118
omit
42	Miscellaneous
Division 4.5.3 heading
omit
43	Inspection of register of non-government schools
Section 126
omit
44	Minister to present advice of council (non-government)
Section 127
relocate to division 4.4.3 as section 118A
45	Section 130
substitute
130	Provisional registration for home education
	(1)	The parents of a child may apply, in writing, to the chief executive for registration of the child for home education.
	(2)	On receiving an application under subsection (1), the chief executive 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.
46	Registration for home education
Section 131 (1) 
substitute
	(1)	This section applies if a child is provisionally registered for home education under section 130.
47	Registration of child
Section 133 (1)
omit
(1)
48	Section 133 (2)
omit
49	Members of school boards
Section 166
omit
Constitution
substitute
Composition
50	Schedule 1, part 1.1, new item 4A
insert
4A	88B (6)	directing registrar to refuse to register a non-government school at an additional campus	proprietor of the school	
51	Schedule 1, part 1.2, item 5, column 3
omit
a shorter period than the period applied for
substitute
less than 2 years
52	Dictionary, definition of appointed member, board appointed member and parents and citizens member
omit
Constitution
substitute
Composition
53	Dictionary, definition of proposed opening day
omit
83 (4)
substitute
83 (3)
54	Dictionary, definitions of staff member and student member
omit
Constitution
substitute
Composition
55	Further amendments, mentions of child etc

column 1
item	column 2
provision	column 3
omit	column 4
substitute	
1	section 7 (2) (b) (vii)	children	students	
2	section 7 (2) (e)	children	students	
3	section 18 (c)	children	students	
4	section 18 (d) (i)	children	students	
5	section 18 (e)	children’s	students’	
6	section 25 (1)	child	student	
7	section 25	child’s	student’s	
8	section 27	child	student	
9	section 27 (2) (b)	child’s	student’s	
10	section 29 (2) and (4)	children	students	
11	section 29 (4)	Children	Students	
12	section 30 (1)	children	students	
13	section 31 heading	children	students	
14	section 31 (1)	child	student	
15	section 33 (1)	child	student	
16	section 34 (2) (a)	children	students	
17	section 35 (1) (a)	children	students	
18	section 35 (3)	child	student	
19	section 35 (3)	child’s	student’s	
20	section 36 heading	child	student	
21	section 36	child	student	
22	section 36	child’s	student’s	
23	section 36 (1) (a) (iv)	children	students	
24	section 81 heading	children	students	
25	section 81 (1)	child	student	
26	section 82	child	student	
27	section 100 (1)	child	student	
28	section 101 (2) (a)	children	students	
29	section 102 (1) (a)	children	students	
30	section 102 (3)	child	student	
31	section 102 (3)	child’s	student’s	
32	section 103 (1)	child	student	
33	section 103 (1)	child’s	student’s	
34	section 103 (2)	child’s	student’s	
35	section 104	child	student	
36	section 104	child’s	student’s	
37	section 104 (1) (a) (iv)	children	students	
38	section 105 heading	children	students	
39	section 105	child	student	
40	section 105	child’s	student’s	
41	section 105 (1) (a) (iv)	children	students	
42	section 149 	child	child or student	
43	schedule 1, part 1.2, item 3, column 3	child	student	
44	schedule 1, part 1.2, item 3, column 4	child	student	
45	dictionary, definitions of approved educational course (government) and approved educational course 
(non–government)	children	students	
46	dictionary, definition of exclusion	child	student	
56	Education Regulation 2005, section 5 (1) (c)
substitute
	(c)	the street address of the school’s administration office;
57	Education Regulation 2005, section 7 heading
substitute
7	Home education register—Act, s 133 (a)
58	Education Regulation 2005, section 7 (1) (a)
substitute
	(a)	the child’s full name as shown on—
	(i)	the child’s birth certificate; or
	(ii)	if the birth certificate is not available—the child’s passport or another document approved by the chief executive that identifies the child;

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 4 May 2006.
2	Notification
	Notified under the Legislation Act on 19 December 2006.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Education Amendment Bill 2006 (No 2), which originated in the Legislative Assembly as the Education Amendment Bill 2006 and was passed by the Assembly on 12 December 2006. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2006