Australian Capital Territory
Education Act 1937       No 25
Republication No 3C
As in force on 10 May 2000
Includes all amendments up to Act 1999 No 66

Prepared by the ACT Parliamentary Counsel’s Office
This republication is not an authorised republication for the Legislation (Republication) Act 1996.
As in force on
10 May 2000

Australian Capital Territory

Education Act 1937
CONTENTS
	Page 
Part 1—Preliminary
	1	Short title	1
	2	Repeal	1
	3	Incorporation	2
	5	Interpretation	2
	7	Appointment of registrar, acting registrar and attendance inspector	3
Part 2—Compulsory Attendance at Schools
	8	Compulsory enrolment	4
	9	Compulsory attendance	4
	9A	Employment of children under school leaving age	4
	10	Defence in prosecution under sections 8 and 9	5
	11	Good defence to prosecution under section 9	5
	12	Certain averments to be evidence	6
	13	2 hours attendance constitutes half-day’s attendance	6
	14	Certificate of school principal to be evidence	6
	15	Register of attendances	7
	16	Exemption certificates	7
	18	Truants	7
	19	Payment by parent towards maintenance of child	9
Part 3—Registered Schools
	20	Definition of school	10
	21	Schools to be registered	10
	22	Provisional registration	10
	23	Registration	13
	24	Reports	14
	25	Renewal of registration	14
	26	Extension of period of provisional registration or registration	15
	27	Cancellation of provisional registration or registration of school	15
	28	List of registered schools	16
	29	Inspection of school buildings	16
	30	Review of decisions	16
	30A	Notification of decisions	17
Part 4—Miscellaneous
	31	Filing of excuses for absence of scholars	18
	32	Return by parent or guardian	18
	33	Orders sending children to institution	19
	34	False or misleading applications	19
	35	Conveyance of students to and from school	19
	35A	Minister may grant scholarships etc	19
	35B	Educational trust funds etc may be transferred to Territory	19
	35C	Conditions on which Minister may accept gifts etc for educational 
purposes	19
	36	Prohibition of corporal punishment	20
	37	Regulations	21
	ENDNOTES
	1	About this republication	22
	2	About the republished Act	22
	3	Abbreviation key	22
	4	Table of legislation	22
	5	Table of amendments	22
	6	Table of earlier republications	22

As in force on
10 May 2000

Australian Capital Territory

Education Act 1937
An Act relating to education
Part 1—Preliminary
1 	Short title
	This Act may be cited as the Education Act 1937.
2 	Repeal
(1) 	The Education Ordinance 1928 and the Education Ordinance 1930 are repealed.
(2) 	Notwithstanding the repeal of the Ordinances specified in subsection (1) the registration, certificate, register or appointment effected, granted, kept or made thereunder and in force, in use or held immediately prior to the commencement of this Act, or any right, title, interest, power, duty, obligation or liability created by, acquired under, or at any time existing under, or by virtue or in respect of any such registration, certificate, register or appointment, and all such registrations, certificates, registers or appointments shall continue to be of the same force and effect as if this Act had not been made.
3 	Incorporation
	This Act shall be incorporated and read as one with the Public Instruction Act 1880 and the Free Education Act 1906 of the State of New South Wales in their application to the Territory.
5 	Interpretation
	In this Act, unless the contrary intention appears—
appropriate government school means—
	(a)	in relation to a child who has completed his or her high school education—a secondary college conducted on behalf of the Territory; and
	(b)	in relation to a child who has completed his or her primary education but has not completed his or her high school education—a high school conducted on behalf of the Territory; and
	(c)	in relation to any other child—a primary school conducted on behalf of the Territory.
authority means the Australian Capital Territory Schools Authority.
authorised person means a person authorised by the chief executive to act for the purposes of this Act.
corporal punishment means physical force applied to punish or correct, and includes any action designed or likely to cause physical pain or discomfort  taken for such a purpose.
court means the Childrens Court.
educational level means primary school level, high school level or secondary college level.
high school level means the level of education provided by a high school conducted by the authority on behalf of the Territory.
primary school level means the level of education provided by a primary school conducted by the authority on behalf of the Territory.
secondary college level means the level of education provided by a secondary college conducted by the authority on behalf of the Territory.
the registrar means the Registrar of Schools appointed under section 7.
the school leaving age means the age of 15 years.
truant means a child who habitually disobeys the order of his or her parents or guardian to attend school.
7 	Appointment of registrar, acting registrar and attendance inspector
(1) 	There shall be a Registrar of Schools, who shall be appointed by the Minister.
(2) 	The Minister may appoint an officer to be Acting Registrar of Schools during the absence of the registrar or during any temporary vacancy in the office of registrar, and any acting registrar so appointed shall have and may exercise all the powers and functions of the registrar.
(3) 	The Minister may appoint such attendance inspectors and other officers as he or she considers necessary for carrying out this Act.

Part 2—Compulsory Attendance at Schools
8 	Compulsory enrolment
	The parent or guardian of any child who is not less than 6 years of age nor more than the school leaving age and who is residing in the Territory, shall, within 7 days of the child’s attaining the age of 6 years or of the commencement of the child’s residence in the Territory, whichever is the later, cause the child to be enrolled as a scholar at a school maintained by or on behalf of the Territory or a school registered or provisionally registered under this Act.
Penalty:  5 penalty units.
9 	Compulsory attendance
	Every parent or guardian of a child who is not less than 6 years of age nor more than the school leaving age and who is residing in the Territory shall cause the child to attend, as a scholar, the school at which the child is enrolled as a scholar in pursuance of section 8 on every half-day on which the school is open.
Penalty:  5 penalty units.
9A 	Employment of children under school leaving age
(1) 	A person shall not employ, or permit to be employed, a child under the school leaving age during any time during which the parent or guardian of the child—
	(a)	is required by this Act to cause the child to attend a school; or
	(b)	would be required by this Act to cause the child to attend a school if the parent or guardian or the child were resident in the Territory; or
	(c)	would, but for sections 10 and 11, be required by this Act to cause the child to attend a school.
Penalty:
	(a)	if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;
	(b)	if the offender is a body corporate—250 penalty units. 
(2) 	It shall be a good defence in any prosecution under this section that, at the date alleged in the information—
	(a)	the person charged had reasonable grounds for believing that the child so employed was not of school going age; or
	(b)	a certificate under section 16 was in force in respect of the child.
10 	Defence in prosecution under sections 8 and 9
(1) 	Subject to subsection (2), it shall be a good defence in any prosecution under section 8 or 9 that at the date alleged in the information—
	(a)	the child was receiving regular and efficient instruction on at least 85 days in each half-year in his or her home or at a school outside the Territory, the onus of proof of which shall lie upon the parent or guardian; or
	(b)	a certificate under section 16 was in force in respect of the child; or
	(c)	there was not an appropriate government school situated—
	(i)	where the child was under 12 years of age—within 3 kilometres; or
	(ii)	where the child was 12 years of age or over—within 5 kilometres;
of the place of residence of the child by the nearest practicable route.
(2) 	The defence referred to in paragraph (1) (d) is not available where, at the date of the alleged offence—
	(a)	the child could have travelled to an appropriate government school by means of a motor omnibus without the need to travel in more than 1 such omnibus; and
	(b)	the aggregate of the distance from the nearest picking-up place of that motor omnibus to the place of residence of the child and the distance from the nearest stopping place of that motor omnibus to the appropriate government school did not exceed—
	(i)	where the child was under 12 years of age—3 kilometres; or
	(ii)	where the child was 12 years of age or over—5 kilometres.
11 	Good defence to prosecution under section 9
	It shall be a good defence in any prosecution under section 9 that at the date alleged in the information—
	(a)	the child was prevented from attending school by sickness, danger of infection or temporary or permanent infirmity, and, within 7 days after the date on which the sickness, danger, or infirmity occurred or arose, the defendant gave or caused to be given notice thereof in writing to the teacher of the school which the child attended immediately prior to that date; or
	(b)	the child had not been absent for more than 6 half-days on which the school was open during the 3 months immediately preceding that date.
12 	Certain averments to be evidence
(1) 	In a prosecution for an offence against section 8, 9 or 9A in relation to a child, all or any of the following averments by the informant may be included in the information and, if included in the information, are prima facie evidence of the matter or matters averred, namely:
	(a)	that, at the date of the alleged offence, the child was of, above or under the age stated in the information;
	(b)	that, at the date of the alleged offence, the child was residing in the Territory;
	(c)	that at the date of the alleged offence, the child was not enrolled as a scholar at a school maintained by or on behalf of the Territory or a school registered under this Act;
	(d)	that the child was employed at the time of the alleged offence.
(2) 	This section applies to a matter so averred although evidence is given in support or rebuttal of the matter averred or of any other matter.
13 	2 hours attendance constitutes half-day’s attendance
	For the purposes of this Act, an attendance for not less than 2 hours during the period for which a school is open on any half-day shall constitute attendance on that half-day, but any child having received the teacher’s sanction to leave school on any half-day before the completion of the hours appointed shall be deemed to have attended on that half-day.
14 	Certificate of school principal to be evidence
	A certificate purporting to be under the hand of the head master or principal teacher of a school maintained by or on behalf of the Territory or a school registered under this Act stating—
	(a)	that a child is or is not enrolled as a scholar at such school; or
	(b)	the particulars of attendance of a child at such school;
shall be evidence of the facts stated in such certificate.
15 	Register of attendances
(1) 	The proprietor or principal teacher of every school shall—
	(a)	keep a register, in a form approved by the registrar of the attendance of scholars at his or her school; and
	(b)	at the request of the registrar, any attendance inspector or any authorised person, produce the register to him or her and permit him or her to inspect and make extracts from the register; and
	(c)	furnish to the registrar, when required to do so by the registrar, certificates and returns relating to enrolments and attendances of scholars at the school in such form as the registrar requires.
(2) 	If any such proprietor or teacher fails to carry out any of the provisions of this section, or falsifies any such register or return, he or she shall be guilty of an offence.
Penalty:  10 penalty units.
16 	Exemption certificates
(1) 	The chief executive or an authorised person may grant a certificate exempting a child from the attendance at school required by this Act where he or she is satisfied—
	(a)	that the child receives efficient instruction at home or elsewhere; or
	(b)	that such conditions exist as make it necessary or desirable that the certificate should be granted; or
	(c)	that there is not adequate school accommodation; or
	(d)	that the child is of the age of 14 of study in a school maintained by or on behalf of the Territory or a school registered under this Act, or has been educated up to a standard accepted by the chief executive or an authorised person as equivalent thereto, and that the home conditions of the child are such as to warrant exemption.
(2) 	A certificate granted under this section shall be in force for the period mentioned in the certificate and no longer.
18 	Truants
(1) 	If, in any prosecution under this Act for failing to cause a child to attend a school, there is evidence of the service of a notice on the parent or guardian that it is intended to charge that the child is a truant, and the court is satisfied that the child is a truant, it may release the child on probation on such terms and conditions and for such period as it thinks fit, or may order him or her to be sent to an institution selected by the Minister for the detention of truants.
(2) 	A child sent to any such institution in pursuance of any such order shall be there detained until he or she reaches the school leaving age, provided that the child may be transferred by the Minister to any other institution.
(3) 	Where a child has, in pursuance of this section, been detained in any such institution for any period deemed sufficient by the Minister, the Minister may grant a licence under which the child may leave the institution.
(4) 	Any child permitted to leave any such institution in pursuance of such a licence shall regularly attend such school as is specified in the licence, and the teacher in charge of the school shall, if the child is absent from the school on any occasion, report to the registrar.
(5) 	If, in the opinion of the registrar, the child is not attending the school regularly, the Minister may withdraw the licence and order the child to be again sent to an institution selected by the Minister.
(6) 	In the selection of any institution under this section, the Minister shall have regard to the expressed desire of the parent or guardian of the child as to the religious training of the child or, in the absence of any such expressed desire, to the desire of the authorities controlling an institution of the religious denomination to which the child belongs.
(7) 	Where, in pursuance of this section, the court orders a child to be detained in an institution, the court may commit the child to an institution or a State institution until the child reaches the school leaving age.
(8) 	If a child, who has been released on probation, breaks, or is reasonably suspected of having broken, the terms or conditions of his or her release, the court at any time by notice given in such manner as the court directs to the parent or guardian of the child, or to the child himself or herself, may direct that the child appear or be brought before the court at a time and place named in the notice and, if the child does not so appear or is not so brought before the court, it may issue a summons for the appearance of the child, or if the circumstances so require issue a warrant for the apprehension of the child.
(9) 	Upon a child appearing or being brought before the court in pursuance of subsection (8), the court may, if it is satisfied that there has been a breach of the terms or conditions on which the child was released, deal with the child in the same manner as if he or she had not been released on probation.
(10) 	In this section—
institution has the meaning given by the Children and Young People Act 1999, dictionary.
State institution has the meaning given by the Children and Young People Act 1999, section 65.
19 	Payment by parent towards maintenance of child
(1) 	If it appears to the court, on complaint by or on behalf of the Minister, that any parent is of ability to maintain or to contribute to the maintenance and training of his or her child during his or her detention as a truant, the court may order the parent to pay to the Territory or to such person or authority as the Minister appoints, a reasonable sum not exceeding $50 per week for or towards the maintenance and training of the child.

Part 3—Registered Schools
20 	Definition of school
	In this Part—
school means any institution at which any person provides, or offers to provide, education at primary school level, high school level or secondary college level but does not include—
	(a)	a school established or maintained by or on behalf of the Territory; or
	(d)	any school declared by the Minister, by notice in the Gazette, to be a school to which this Part shall not apply.
21 	Schools to be registered
(1) 	A person shall not establish, maintain or conduct any school unless it is registered or provisionally registered in accordance with this Part.
Penalty:
	(a)	if the offender is a natural person—50 penalty units;
	(b)	if the offender is a body corporate—250 penalty units. 
(2) 	The proprietor or principal teacher of any school shall not receive or permit to be received into any school any child for the purposes of education beyond the education level or levels in respect of which the school is registered or provisionally registered under this Part.
Penalty:
	(a)	if the offender is a natural person—10 penalty units;
	(b)	if the offender is a body corporate—50 penalty units.
22 	Provisional registration
(1) 	Where a person has notified the registrar in writing of his or her intention to commence conducting a school at the educational level or levels specified in the notice not later than the prescribed period before the first day of the school year or the school term in which it is proposed to commence conducting the school, that person may make application in writing to the registrar for the provisional registration of the school.
(1A) 	Where a school is—
	(a)	provisionally registered under this section; or
	(b)	registered under section 23;
and the proprietor or principal teacher of the school—
	(c)	wishes to change the educational level or levels of the school; and
	(d)	has notified the registrar in writing of his or her intention to commence conducting the school at the educational level or levels specified in the notice not later than the prescribed period before the first day of the school year or the school term in which it is proposed to commence conducting the school at the specified educational level or levels;
he or she may apply in writing to the registrar for an additional provisional registration of the school.
(1B) 	Where an application has been made under subsection (1) or (1A), the Minister shall appoint a panel of authorised persons to report to the Minister on the proposed school or the proposed educational level or levels of the school.
(2) 	Where the Minister, having received a report on a school by a panel of authorised persons appointed under subsection (1B), is satisfied that—
	(a)	the school will provide adequate facilities and protection for the safety, health and welfare of its students; and
	(b)	the nature and content of the instruction to be offered at the school is satisfactory; and
	(c)	the proposed organisation and equipment of the school, the efficiency of the teaching staff and the proposed manner of conduct of the school are in accordance with such standards approved by the Minister in relation to schools as are applicable to schools of the kind to which the application relates;
the Minister shall direct the registrar to enter the name of the school on the list of schools kept for the purposes of this section and to issue a certificate, or an additional certificate, of provisional registration of the school.
(3)	Where the Minister gives a direction under subsection (2), the registrar shall enter the name of the school on the list of schools kept for the purposes of this section and shall issue a certificate, or an additional certificate, of provisional registration of the school.
(4) 	A school the name of which appears on the list referred to in subsection (3) shall be taken to be provisionally registered.
(5) 	A certificate, or an additional certificate, of provisional registration issued under subsection (3) shall—
	(a)	specify the location at which the school is to be established, maintained and conducted and the educational level or levels of the school; and
	(b)	be subject to the following conditions:
	(i)	the school shall provide adequate facilities and protection for the safety, health and welfare of its students;
	(ii)	the nature and content of the instruction offered at the school shall be satisfactory;
	(iii)	the organisation and equipment of the school, the efficiency of the teaching staff and the manner of conduct of the school shall be maintained in accordance with such standards approved by the Minister in relation to schools as are applicable to the school;
	(iv)	the school shall be maintained and conducted at the location specified in the certificate;
	(v)	the school shall only provide education appropriate to the educational level or levels specified in the certificate;
	(vi)	any disciplinary policy implemented at the school shall preclude corporal punishment.
(6) 	Provisional registration of a school shall remain in force until the expiration of the period of 12 months after the date on which the relevant certificate was issued or until the registration of the school under section 23, whichever first occurs.
(7) 	The Minister may, upon application in writing by a person, approve a period as the prescribed period for the purpose of a notice under subsection (1) or (1A), as the case may be, to be given by that person.
(8) 	In determining whether to approve a period under subsection (7), the Minister shall have regard to the immediate need for the proposed school, or the proposed educational level or levels of the school, in the relevant location.
(9) 	In this section—
prescribed period, in relation to a notice under subsection (1) or (1A), means—
	(a)	where the first day of the school year or the school term in which it is proposed to commence conducting the relevant school is during 1988—7 days; or
	(b)	where the first day of the school year or the school term in which it is proposed to commence conducting the relevant school is during 1989—9 months or such lesser period as the Minister approves under subsection (7) in relation to that notice; or
	(c)	where the first day of the school year or the school term in which it is proposed to commence conducting the relevant school is during 1990—21 months or such lesser period as the Minister approves under subsection (7) in relation to that notice; or
	(d)	in any other case—2 years or such lesser period as the Minister approves under subsection (7) in relation to that notice.
23 	Registration
(1) 	Where a school is provisionally registered under section 22, the proprietor or principal teacher of the school may apply for the registration of the school at any time after the expiration of the period of 8 months after the date on which the school was so provisionally registered.
(1A) 	Where an application has been made under subsection (1), the Minister shall appoint a panel of authorised persons to report to the Minister on the school.
(1B) 	Where the Minister, having received a report on a school by a panel of authorised persons appointed under subsection (1A), is satisfied that the school is maintained and conducted in accordance with the conditions referred to in paragraph 22 (5) (b), the Minister shall direct the registrar to issue a certificate of registration of the school for such period, not exceeding 5 years, as is specified by the Minister.
(1C) 	Where the Minister gives a direction under subsection (1B), the registrar shall issue a certificate in accordance with the direction.
(2) 	Where a certificate is issued under subsection (1C) in respect of a school, the school is a registered school for the purposes of this Act for the period specified in the certificate.
(3) 	A certificate of registration issued under subsection (1C) shall—
	(a)	specify the location at which the school is to be maintained and conducted and the educational level or levels of the school; and
	(b)	be subject to the following conditions:
	(i)	the school shall provide adequate facilities and protection for the safety, health and welfare of its students;
	(ii)	the nature and content of the instruction offered at the school shall be satisfactory;
	(iii)	the organisation and equipment of the school, the efficiency of the teaching staff and the manner of conduct of the school shall be maintained in accordance with such standards approved by the Minister in relation to schools as are applicable to the school;
	(iv)	the school shall be maintained and conducted at the location specified in the certificate;
	(v)	the school shall only provide education appropriate to the educational level or levels of the school specified in the certificate;
	(vi)	any disciplinary policy implemented at the school shall preclude corporal punishment.
24 	Reports
(1) 	Where the Minister receives a report for the purposes of section 22 or 23, in relation to a school, the Minister shall cause a copy of the report to be served on the applicant for provisional registration or for registration of the school, as the case requires.
(2) 	A copy of a report may be served on a person under subsection (1) by delivering the copy to that person personally or by post addressed to that person at his or her last-known professional or residential address.
25 	Renewal of registration
(1) 	The proprietor or principal teacher of a school registered under this Act may apply for the renewal of the registration of that school before the expiration of the period of registration or of the last period of renewal of registration of that school, as the case may be.
(2) 	Where an application has been made under subsection (1), the Minister shall appoint a panel of authorised persons to report to the Minister on the school.
(3) 	Where the Minister, having received a report on a school by a panel of authorised persons appointed under subsection (2), is satisfied that the school is maintained and conducted in accordance with the conditions to which its registration is subject, the Minister shall direct the registrar to renew the registration for such period, not exceeding 5 years, as is specified by the Minister, being a period commencing on the expiration of the period of registration or of the last period of renewal of registration.
(4) 	Where the Minister gives a direction under subsection (3), the Registrar shall renew the relevant registration in accordance with the direction.
(5) 	Where the registrar renews the registration of a school under subsection (4), the registrar shall notify the applicant in writing of the period of renewal and the school is a registered school for the purposes of this Act for the period specified in that notification.
26 	Extension of period of provisional registration or registration
	Where an application under subsection 23 (1) for the registration of a school, or an application under subsection 25 (1) for the renewal of the registration of a school, has been made before the expiration of the period during which, but for this subsection, the provisional registration, or the registration, of the school would have remained in force, then, notwithstanding subsections 22 (6), 23 (2) and 25 (5) but otherwise subject to this Act, the provisional registration, or the registration, of the school shall, by force of this section, be taken to have been extended until—
	(a)	a certificate of the registration of the school is issued under subsection 23 (1C) or the applicant is notified of the period of renewal of the registration pursuant to subsection 25 (5), as the case requires; or
	(b)	the Minister refuses to direct the registrar to issue a certificate of registration of the school under subsection 23 (1B) or to renew the registration of the school under subsection 25 (3), as the case requires.
27 	Cancellation of provisional registration or registration of school
(1) 	The Minister may cause a provisionally registered or registered school to be inspected by an authorised person.
(1A) 	The Minister may make inquiries in relation to—
	(a)	the conduct of a school that is provisionally registered or registered under this Act; and
	(b)	without limiting the generality of paragraph (a), any matter that is relevant to a condition to which the certificate of provisional registration or registration of a school is subject.
(2) 	The Minister may cancel the provisional registration or the registration of a school if he or she is satisfied—
	(a)	that there is a failure to comply with a condition to which the certificate of provisional registration or registration of the school is subject; or
	(b)	that the proprietor or principal teacher has contravened, or failed to comply with, this Act.
28 	List of registered schools
	The registrar shall cause to be kept a list of registered primary schools and a list of registered secondary schools.
29 	Inspection of school buildings
(1) 	An authorised person may, at any hour in the daytime, enter any building and premises in which a school is held for the purpose of ascertaining whether the building and premises are provided with proper access, drainage, light, ventilation and sanitary conveniences.
(2) 	If the Minister considers that the building or premises are not so provided or are in disrepair, he or she may give the proprietor or head teacher notice to provide proper access, drainage, light, ventilation or sanitary conveniences, or to place the building or premises in proper repair.
(3) 	If, within 1 month or such further time as the Minister directs, the notice has not been complied with to the satisfaction of the Minister, the school, if registered, shall cease to be registered.
30 	Review of decisions
	Application may be made to the Administrative Appeals Tribunal for a review of a decision of the Minister—
	(a)	refusing to direct the registrar to enter the name of a school on the list of provisionally registered schools and to issue a certificate, or an additional certificate, of provisional registration under subsection 22 (2); or
	(b)	refusing to grant an exemption under section 22; or
	(c)	refusing to direct the registrar to issue a certificate of registration under subsection 23 (1B); or
	(d)	directing the registrar to issue a certificate of registration under subsection 23 (1B) for a period of less than 5 years; or
	(e)	cancelling the provisional registration or registration of a school under subsection 27 (2); or
	(f)	refusing to direct the registrar to renew the registration of a school under subsection 25 (3); or
	(g)	directing the registrar to renew the registration of a school under subsection 25 (3) for a period of less than 5 years; or
	(h)	giving the proprietor or head teacher of a school notice under subsection 29 (2).
30A 	Notification of decisions
(1) 	Where the Minister makes a decision referred to in section 30, the Minister shall—
	(a)	cause a notice of the decision to be published in the Gazette and a newspaper circulating in the Territory; and
	(b)	cause notice in writing of the decision to be given—
	(i)	in the case of a decision referred to in subsection 22 (2), 23 (1B) or 25 (3)—to the applicant; or
	(ii)	in the case of a decision referred to in subsection 27 (2)—to the proprietor or principal teacher; or
	(iii)	in the case of a decision referred to in subsection 29 (2)—to the proprietor or head teacher.
(2) 	A notice under subsection (1) shall be in accordance with the requirements of the code of practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.

Part 4—Miscellaneous
31 	Filing of excuses for absence of scholars
	Where, in pursuance of this Act, notice in writing is given to a teacher that a child was prevented by any cause from attending school, the teacher shall file the notice for inspection by the registrar or any attendance inspector.
32 	Return by parent or guardian
(1) 	Whenever the registrar has reason to believe that there is residing in any dwelling house in the Territory any child aged not less than 6 years nor more than the school leaving age who is not enrolled as a scholar at a school maintained by or on behalf of the Territory or a school registered under this Act, he or she may deliver at that dwelling house to a person apparently over the age of 16 years and apparently an inmate thereof, or send to that dwelling house or other place as a registered letter addressed to ‘the occupier’, a form of return providing for such particulars relating to children aged not less than 6 years nor more than the school leaving age residing in that dwelling house as he or she thinks necessary to be obtained for the purposes of this Act.
(2) 	The parent or guardian of every child aged not less than 6 years nor more than the school leaving age shall, within 7 days after receipt of a form of return referred to in subsection (1), complete the return and return it to the registrar.
(3) 	A person shall not, in any return furnished in pursuance of this section, wilfully make any statement or supply any information which is false or misleading.
Penalty:  30 penalty units.
(4) 	Proof of delivery or sending of a form of return in accordance with subsection (1) shall be prima facie evidence of receipt of the form by the parent or guardian of any child aged not less than 6 years nor more than 15 years residing in the dwelling house at or to which the form was delivered or sent—
	(a)	in the case of delivery—on the day of the delivery; or
	(b)	in the case of sending as a registered letter—on the day on which the letter would be delivered in the ordinary course of post.
33 	Orders sending children to institution
	An order made by the court or by the Minister under this Act that a child be sent to an institution shall be forwarded to the person having the chief immediate control of the institution and shall be a sufficient warrant for the detention of the child in pursuance of this Act.
34 	False or misleading applications
	A person shall not knowingly make, in an application under subsection 22 (1) or (1A), 23 (1) or 25 (1), a statement that is false or misleading in a material particular.
Penalty:  50 penalty units.
35 	Conveyance of students to and from school
	The Minister may, in his or her discretion, make provision for the conveyance of students to and from any school in the Territory, and for that purpose may—
	(a)	provide vehicles; and
	(b)	provide grants in aid of conveyance; and
	(c)	issue travel warrants; and
	(d)	determine in what cases the travelling expenses of a student to and from school may be paid.
35A 	Minister may grant scholarships etc
	The Minister may grant bursaries, exhibitions, free places, prizes, scholarships or other forms of assistance or reward to be used for the benefit of a student at a school, college or university in the Territory on such terms and conditions as the Minister determines.
35B 	Educational trust funds etc may be transferred to Territory
	A person administering a trust fund or trust property established for the creation of a bursary, exhibition, free place, prize, scholarship or other form of assistance or reward to be used for the benefit of a student at a school, college or university in the Territory or for educational purposes generally may transfer the fund or trust property to the Territory.
35C 	Conditions on which Minister may accept gifts etc for educational purposes
(1) 	Where a person—
	(a)	gives or bequeaths a sum of money or gives, devises or bequeaths property to the Territory for the purpose of establishing or aiding the endowment of any of the forms of assistance or reward mentioned in section 35A; or
	(b)	transfers a trust fund or trust property to the Territory in pursuance of section 35B;
the Minister shall give consideration to the wishes of the donor of the gift or of the creator or transferor of the trust fund or trust property, as the case may be, concerning the creation, maintenance or naming of the gift or of the trust fund or trust property.
(2) 	Notwithstanding anything to the contrary, the Minister may, in his or her discretion, alter or modify the terms of creation or maintenance of a gift that has been made or of a trust fund or trust property that has been transferred to the Territory under this Part.
(3) 	Where the Territory accepts a gift or the transfer of a trust fund or trust property under this Part, the Minister may, in addition to any other powers conferred on him or her by the donor of the gift or by the creator or transferor of the trust fund or trust property—
	(a)	sell, invest or exchange the whole or any part of the gift or of the trust fund or trust property; or
	(b)	invest the whole or any part of the proceeds of sale of the gift or trust property; or
	(c)	apply the whole or any part of the gift or of the trust fund or trust property towards any of the purposes contained in that section; or
	(d)	execute deeds and grant releases;
on behalf of the Territory.
(4) 	Notwithstanding anything to the contrary, the Minister shall not be deemed to be a trustee of any gift made or of any trust fund or trust property transferred to the Territory under this Part.
36 	Prohibition of corporal punishment
(1) 	In civil or criminal proceedings against a member of the staff of a school arising out of physical force applied to a child enrolled as a scholar at the school, it is not a defence that the force was applied to administer corporal punishment to the child and that the degree of force was reasonable in the circumstances.
(2) 	In civil or criminal proceedings against a member of the staff of a school arising out of corporal punishment administered to a child enrolled as a scholar at the school, it is not a defence that the corporal punishment was administered by the defendant pursuant to a right exercisable in his or her capacity as such a member.
(3) 	Subsections (1) and (2) have effect even if a parent or guardian of the relevant child had delegated or purported to delegate to the defendant a right to administer corporal punishment to the child.
(4) 	A member of the staff of a school is not to be taken to have administered corporal punishment to a child enrolled as a scholar at the school by reason only of action taken solely to prevent personal injury or damage to or the destruction of property.
(5) 	Nothing in this section affects any right of a parent or guardian of a child to administer corporal punishment to the child.
(6) 	In this section—
member of the staff, in relation to a school, includes the head master or principal of the school and any person who performs teaching or other functions at or in connection with the school, whether for remuneration or not.
school means a school—
	(a)	conducted and maintained on behalf of the Territory; or
	(b)	registered or provisionally registered under this Act.
37 	Regulations
	The Executive may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act.

ENDNOTES
1	About this republication
This is a republication of the Education Act 1937 as in force on 10 May 2000.  It includes all amendments made to the Act up to Act 1999 No 66.
Amending laws are annotated in the table of legislation and table of amendments.
The Parliamentary Counsel’s Office currently prepares 2 kinds of republications of ACT laws:  authorised printed republications to which the Legislation (Republication) Act 1996 applies and unauthorised electronic republications.  The status of this republication appears on the cover.
Section 13 of the Legislation (Republication) Act 1996 authorises the Parliamentary Counsel, in preparing a law for republication, to make textual amendments of a formal nature which the Parliamentary Counsel considers desirable in accordance with current legislative drafting practice.  The amendments do not effect a substantive change in the law.
In preparing this republication, amendments have not been made under section 13.
Not all amendments made under section 13 are annotated in the table of amendments.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
2	About the republished Act
The Education Act 1937  was originally the Education Ordinance 1937.  It became an ACT Act on self-government (11 May 1989).
3	Abbreviation key
Key to abbreviations in tables

am = amended
amdt = amendment
ch = chapter
cl = clause
def = definition
dict = dictionary
div = division
exp = expires/expired
Gaz = Gazette
hdg = heading
ins = inserted/added
LR = Legislation (Republication) Act 1996
mod = modified
No = number
notfd = notified
o = order
om = omitted/repealed
orig = original
p = page
par = paragraph
pres = present
prev = previous
(prev...) = previously
prov = provision
pt = part
r = rule/subrule
reg = regulation/subregulation
renum = renumbered
reloc = relocated
R[X] = Republication No
s = section/subsection
sch = schedule
sdiv = subdivision
sub = substituted
SL  = Subordinate Law
sp = spent
*  = SL unless otherwise stated
† = Act or Ordinance unless otherwise stated

4	Table of legislation
Part 1—Legislation before self-government
Ordinance†	Year and number†	Gazette
notification	Commencement	Transitional provisions	

Education Ordinance 1937	1937 No 25	16 Dec 1937	16 Dec 1937		
Education Ordinance 1938	1938 No 23	16 June 1938	16 June 1938	—	
Education Ordinance 1942	1942 No 6	3 Feb 1942	3 Feb 1942	—	
Education Ordinance 1947	1947 No 12	27 Nov 1947	27 Nov 1947	—	
Education Ordinance 1952	1952 No 5	15 May 1952	15 May 1952	—	
Education Ordinance 1956	1956 No 11	13 Dec 1956	3 Dec 1956	—	
Education Ordinance 1958	1958 No 11	10 July 1958	10 July 1958	—	
Ordinances Revision Ordinance 1959	1959 No 21	23 Dec 1959	31 Dec 1959	—	
Education Ordinance 1964	1964 No 4	9 Apr 1964	9 Apr 1964	—	
Education Ordinance 1966	1966 No 3	10 Feb 1966	14 Feb 1966	—	
Ordinances Revision (Decimal Currency) Ordinance 1966	1966 No 19	23 Dec 1966	23 Dec 1966	—	
	as				
	amended				
	by				
	1967 No 36	30 Nov 1967	23 Dec 1966	—	
as					
amended					
by					
Ordinances Revision Ordinance 1978	1978 No 46	28 Dec 1978	28 Dec 1978	—	
Education Ordinance 1971	1971 No 28	28 Oct 1971	1 Nov 1971	—	
Education Ordinance 1976	1976 No 13	13 Apr 1976	13 Apr 1976	s 24	
Education (Amendment) Ordinance 1977	1977 No 63	14 Dec 1977	14 Dec 1977	—	
Ordinances Revision Ordinance 1978	1978 No 46	28 Dec 1978	28 Dec 1978	—	
Children’s Services (Miscellaneous Amendments) Ordinance 1986	1986 No 14	4 June 1986	26 Apr 1988 (see Gaz 1988 No S116)	—	
Education (Amendment) Ordinance 1988	1988 No 48	3 Aug 1988	1 Sept 1988 (see Gaz 1988 No GN32 
p 1938)	s 19	
Self-Government (Consequential Amendments) Ordinance 1989	1989 No 38	10 May 1989	ss 1 and 2: 10 May 1989
remainder: 11 May 1989 (see s 2 (2) and Gaz 1989 No S164)
	—	

Part 2—Legislation after self-government
Act†	Year and number†	Gazette
notification	Commencement	Transitional provisions	

Director of Public Prosecutions (Consequential Provisions) Act 1990	1990 No 23	25 June 1990	ss 1 and 2: 25 June 1990
remainder: 1 July 1990 (see Gaz 1990 No S44 p 2)	s 4	
Public Sector Management (Consequential and Transitional Provisions) Act 1994	1994 No 38	30 June 1994	ss 1 and 2:  30 June 1994
remainder:  1 July 1994 (see Gaz 1994 No S142 p 2)	ss 3, 5-12, 15 and 19	
Administrative Appeals (Consequential Amendments) Act 1994	1994 No 60	11 Oct 1994	ss 1 and 2:  11 Oct 1994
remainder:  14 Nov 1994 (see s 2 (2) and Gaz 1994 No S250)	—	
Education (Amendment) Act 1997	1997 No 19	29 May 1997	29 May 1997	s 8	
Statute Law Revision (Penalties) Act 1998	1998 No 54	27 Nov 1998	ss 1 and 2:  27 Nov 1998
remainder:  9 Dec 1998 (see Gaz 1998 No 49 p 1078)	—	
Children and Young People (Consequential Amendments) Act 1999	1999 No 64	10 Nov 1999	ss 1 and 2:  10 Nov 1999
remainder: 10 May 2000 (see s 2 (2))	—	
Law Reform (Miscellaneous Provisions) Act 1999
	1999 No 66	10 Nov 1999	10 Nov 1999	—	
5	Table of amendments

Provision	How affected†

s 2	am No 21, 1959
s 4	sub No 4, 1964
	om No 13, 1976
s 5	am No 6, 1942
	sub No 5, 1952
	am No 11, 1958; No  4, 1964; No 13, 1976; No 63, 1977; No 14, 1986; No 48, 1988; No 38, 1989; Nos 38 and 60, 1994; No 19, 1997; 1999 No 64 s 4 sch 2
s 6	om No 13, 1976
s 8	sub No 6, 1942
	am No 19, 1966 (as am by No 36, 1967 and No 46, 1978); No 13, 1976; No 48, 1988; No 38, 1989; No 54, 1998
s 9	am No 23, 1938
	sub No 6, 1942
	am No 19, 1966 (as am by No 36, 1967); No 48, 1988; No 54, 1998
s 9A	ins No 12, 1947
	am No 4, 1964; No 19, 1966 (as am by No 36, 1967); No 13, 1976; 
No 48, 1988; No 54, 1998
s 10	am No 6, 1942; No 11, 1956; No 4, 1964; No 3, 1966; No 28, 1971; 
No 13, 1976; No 63, 1977
s 12	am No 12, 1947
	sub No 5, 1952
	am No 13, 1976; No 38, 1989
s 14	am No 6, 1942; No 13, 1976; No 38, 1989
s 15	am No 21, 1959; No 19, 1966 (as am by No 36, 1967); No 13, 1976; 
No 48, 1988; No 54, 1998
s 16	am No 6, 1942; No  4, 1964; No 13, 1976; No 38, 1989; No 38, 1994
s 17	om No 6, 1942
s 18	am No 6, 1942; No 21, 1959; No 4, 1964; No  46, 1978; No 14, 1986; 1999 No 64 s 4 sch 2
s 19	am No.19, 1966 (as am. by No 36, 1967); No 48, 1988; No 38, 1989; 1999 No 66 s 6 sch 3
hdg  to pt III	sub No 13, 1976
s 20	am No 4, 1964; No 48, 1988; No 38, 1989
s 21	am No 19, 1966 (as am by No 36, 1967); No 13, 1976; No 48, 1988; 
No 54, 1998
s 22	am No 6, 1942
	sub No 13, 1976
	am No 48, 1988; No 19, 1997
s 23	am No 4, 1964
	sub No 13, 1976
	am No 48, 1988; No 19, 1997
s 24	am No 4, 1964; No 13, 1976
	sub No 48, 1988
s 25	am No 13, 1976
	sub No 48, 1988
s 26	am No 4, 1964; No 13, 1976
	sub No 48, 1988
s 27	sub No 13, 1976
	am No 48, 1988
s 28	am No 13, 1976
s 29	am No 4, 1964; No 13, 1976
s 30	om No 21, 1959
	ins No 13, 1976
	sub No 48, 1988
	am No 60, 1994
s 30A	ins No 48, 1988
	am No 38, 1989; No 60, 1994
s 32	sub No 6, 1942
	am No 19, 1966 (as am by No 36, 1967); No 13, 1976; No 48, 1988; 
No 38, 1989; No 54, 1998

s 34	sub No 6, 1942
	am No 11, 1956; No 3, 1966; No 28, 1971; No 13, 1976
	om No 63, 1977
	ins No 48, 1988
	am No 54, 1998
s 35	sub No 4, 1964
s 35A	ins No 4, 1964
s 35B	ins No 4, 1964
	am No 38, 1989
s 35C	ins No 4, 1964
	am No 38, 1989
s 36	om No 23, 1990
	ins No 19, 1997
s 37	am No 6, 1942
	sub No 4, 1964
	am No 38, 1989

6	Table of earlier republications
Republication No	Amendments to	Republication date	
(1)	Act 1990 No 23	31 July 1991	
(2)	Act 1994 No 64	31 January 1995	
3	Act 1998 No 54	31 July 1999	
3A	Act 1998 No 54	31 July 1999	
3B	Act 1999 No 66	10 November 1999	

©  Australian Capital Territory 1999

The Copyright Act 1968 (Cwlth) permits certain reproduction and publication of this legislation.  For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Government Printer, c/o Information Management and Libraries, Department of Urban Services, ACT Government, GPO Box 158, Canberra City ACT 2601.