2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Education and Training)
Education Amendment Bill 2006

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	Minister to seek advice
Section 19	3
	9	Education to be free
Section 26 (2) and (3)	3
	10	Definitions for pt 3.4
Section 37, definition of prescribed period, paragraph (a) (i)	4
	11	Section 37, definition of prescribed period, paragraph (b)	4
	12	Declaration of parents and citizens associations in certain circumstances
Section 40 (3)	5
	13	Section 40 (5)	5
	14	Section 41 heading	5
	15	Section 41 (1) (b)	5
	16	Section 42 heading	6
	17	Section 42 (1)	6
	18	Section 43 heading	6
	19	Section 43	6
	20	Procedures governing proceedings of school boards
Section 48 (4) (a)	6
	21	Functions of council (government)
Section 55 (d), note	7
	22	New division 3.5.3 heading	7
	23	Annual report by council (government)
Section 66	7
	24	Division 3.6.3 heading	7
	25	Protection of members of school boards
Section 72	7
	26	Minister to present advice of council (government)
Section 73	7
	27	Minister to seek advice
Section 76	7
	28	Section 79	8
	29	Applications for in-principle approval for proposed registration
Section 83 (3) and (4)	8
	30	Section 104 heading	8
	31	Functions of council (non-government)
Section 107, note	9
	32	New division 4.4.3 heading	9
	33	Annual report by council (non-government)
Section 118	9
	34	Miscellaneous
Division 4.5.3 heading	9
	35	Inspection of register of non-government schools
Section 126	9
	36	Minister to present advice of council (non-government)
Section 127	9
	37	Section 130	10
	38	Registration for home education Section 131 (1)	10
	39	Registration of child
Section 133 (1)	10
	40	Section 133 (2)	10
	41	Members of school boards
Section 166	11
	42	Schedule 1, part 1.2, item 5, column 3	11
	43	Dictionary, definition of appointed member, board appointed member and parents and citizens member	11
	44	Dictionary, definition of proposed opening day	11
	45	Dictionary, definitions of staff member and student member	12
	46	Further amendments, mentions of child etc	12
	47	Education Regulation 2005, section 7 heading	14

2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Education and Training)
Education Amendment Bill 2006

A Bill for
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.
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 s 47).
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	Minister to seek advice
Section 19
relocate to division 3.5.3 as section 66
9	Education to be free
Section 26 (2) and (3)
substitute
	(2)	However, the Minister may determine guidelines about charges for activities, services and facilities provided in relation to a government school.
	(3)	To remove any doubt, subsection (1) has effect subject to any guideline in force under subsection (2).
	(4)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
26A	Exceptions to s 26
	(1)	Section 26 (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).
	(2)	In this section:
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.
10	Definitions for pt 3.4
Section 37, definition of prescribed period, paragraph (a) (i)
omit
1 March
substitute
1 April
11	Section 37, definition of prescribed period, paragraph (b)
omit
February
substitute
March
12	Declaration of parents and citizens associations in certain circumstances
Section 40 (3)
omit
subsection (2) or (3)
substitute
subsection (1) or (2)
13	Section 40 (5)
omit
under subsection (1)
substitute
under subsection (4)
14	Section 41 heading
substitute
41	Composition of school boards generally
15	Section 41 (1) (b)
omit
Constitution
substitute
Composition
16	Section 42 heading
substitute
42	Composition of school boards of small schools
17	Section 42 (1)
omit
Constitution
substitute
Composition
18	Section 43 heading
substitute
43	Composition of school boards of school-related institutions and other schools in special circumstances
19	Section 43
omit
constitution
substitute
composition
20	Procedures governing proceedings of school boards
Section 48 (4) (a)
omit
Constitution
substitute
Composition
21	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).
22	New division 3.5.3 heading
after section 65, insert
Division 3.5.3	Other provisions relating to council (government)
23	Annual report by council (government)
Section 66
omit
24	Division 3.6.3 heading
omit
25	Protection of members of school boards
Section 72
relocate to division 3.4.3 as section 49A
26	Minister to present advice of council (government)
Section 73
relocate to division 3.5.3 as section 66A
27	Minister to seek advice
Section 76
relocate to division 4.4.3 as section 118
28	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.
29	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 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.
30	Section 104 heading
substitute
104	Suspension, transfer or exclusion of students—Catholic systemic schools
31	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).
32	New division 4.4.3 heading
after section 117, insert
Division 4.4.3	Other provisions relating to council (non-government)
33	Annual report by council (non-government)
Section 118
omit
34	Miscellaneous
Division 4.5.3 heading
omit
35	Inspection of register of non-government schools
Section 126
omit
36	Minister to present advice of council (non-government)
Section 127
relocate to division 4.4.3 as section 118A
37	Section 130
substitute
130	Provisional registration for home education
	(1)	The parents of a child may apply 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.
38	Registration for home education
Section 131 (1) 
substitute
	(1)	This section applies if a child is provisionally registered for home education under section 130.
39	Registration of child
Section 133 (1)
omit
(1)
40	Section 133 (2)
omit
41	Members of school boards
Section 166
omit
Constitution
substitute
Composition
42	Schedule 1, part 1.2, item 5, column 3
omit
a shorter period than the period applied for
substitute
less than 2 years
43	Dictionary, definition of appointed member, board appointed member and parents and citizens member
omit
Constitution
substitute
Composition
44	Dictionary, definition of proposed opening day
omit
83 (4)
substitute
83 (3)
45	Dictionary, definitions of staff member and student member
omit
Constitution
substitute
Composition
46	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	
47	Education Regulation 2005, section 7 heading
substitute
7	Home education register—Act, s 133 (a)

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

© Australian Capital Territory 2006