2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Education and Training)
Education Amendment Bill 2009

Contents
	Page

	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Establishing government schools etc
Section 20 (3), example	2
	5	Suspension, exclusion or transfer of student by chief executive
Section 36 (6)	2
	6	Section 36 (7) to (10) and note	3
	7	Appointment of authorised persons (government)
New section 67 (4)	3
	8	Applications for in-principle approval for proposed registration
Section 83 (7)	4
	9	Deciding in-principle applications
Section 84 (7)	4
	10	Application for provisional registration
Section 85 (5)	4
	11	Application for registration
Section 87 (4)	4
	12	Application for registration at additional campus
Section 88A (5)	5
	13	Application for registration at additional educational levels
Section 89 (5)	5
	14	Suspension, transfer or exclusion of students—Catholic systemic schools
Section 104 (6) and (7)	5
	15	Section 104 (8) to (12)	6
	16	Appointment of authorised persons (non-government)
New section 119 (4)	6
	17	Schedule 1, new item 3A	6
	18	Dictionary, note 2	7
	19	Dictionary, new definition of director	7
	20	Education Regulation 2005, section 6 heading	7

2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Education and Training)
Education Amendment Bill 2009

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 2009.
2	Commencement
This Act commences on 1 January 2010.
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 20).
4	Establishing government schools etc
Section 20 (3), example
omit
Hindmarsh Education Centre
substitute
Murrumbidgee Education and Training Centre
5	Suspension, exclusion or transfer of student by chief executive
Section 36 (6)
substitute
	(6)	If the student is suspended for 7 or more school days in a school term (whether or not consecutive school days), the chief executive must ensure that the student is given a reasonable opportunity to attend appropriate counselling.
6	Section 36 (7) to (10) and note
substitute
36A	Immediate suspension by chief executive
	(1)	The chief executive may immediately suspend a student mentioned in section 36 (1) (a) for not longer than 5 days if, in the chief executive’s opinion, the circumstances are of such urgency or seriousness to require the student’s immediate suspension.
	(2)	The chief executive need only comply with section 36 (5) to the extent that it is practicable and appropriate to do so.
	(3)	To remove any doubt, the chief executive may suspend a student under this section while deciding what other action (if any) should be taken in relation to the student under section 36.
36B	Delegation by chief executive
	(1)	The chief executive may delegate the chief executive’s power to suspend a student from a government school for not longer than 10 days to the school’s principal.
	(2)	The chief executive may delegate the chief executive’s power to transfer a student from a government school to another government school to a public servant.
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
7	Appointment of authorised persons (government)
New section 67 (4)
insert
	(4)	To remove any doubt, a person may be both an authorised person (government) and an authorised person (non-government).
8	Applications for in-principle approval for proposed registration
Section 83 (7)
substitute
	(7)	The chief executive must make a copy of the application for in‑principle approval available for inspection free of charge to the public during normal business hours at the office of an administrative unit administered by the chief executive.
9	Deciding in-principle applications
Section 84 (7)
substitute
	(7)	The chief executive must make a copy of the Minister’s reasons available for inspection free of charge to the public during normal business hours at the office of an administrative unit administered by the chief executive.
10	Application for provisional registration
Section 85 (5)
substitute
	(5)	The chief executive must make a copy of the application for provisional registration available for inspection free of charge to the public during normal business hours at the office of an administrative unit administered by the chief executive.
11	Application for registration
Section 87 (4)
substitute
	(4)	The chief executive 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 chief executive.
12	Application for registration at additional campus
Section 88A (5)
substitute
	(5)	The chief executive 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 chief executive.
13	Application for registration at additional educational levels
Section 89 (5)
substitute
	(5)	The chief executive 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 chief executive.
14	Suspension, transfer or exclusion of students—Catholic systemic schools
Section 104 (6) and (7)
substitute
	(6)	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.
	(7)	If the director excludes a student from all Catholic systemic schools, the director must give the registrar written notice of the exclusion.
Note	Director—see the dictionary.
15	Section 104 (8) to (12)
substitute
104A	Immediate suspension by director
	(1)	The director may immediately suspend a student mentioned in section 104 (1) (a) 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.
	(2)	The director need only comply with section 104 (5) to the extent that it is practicable and appropriate to do so.
	(3)	To remove any doubt, the director may suspend a student under this section while deciding what other action (if any) should be taken in relation to the student under section 104.
104B	Delegation by director
The director may delegate the director’s power to suspend a student from a school for not longer than 10 days to the school’s principal.
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
16	Appointment of authorised persons (non-government)
New section 119 (4)
insert
	(4)	To remove any doubt, a person may be both an authorised person (government) and an authorised person (non-government).
17	Schedule 1, new item 3A
insert
3A	36A	immediately suspend student	parents of student	chief executive	
18	Dictionary, note 2
insert
·	administrative unit
·	public servant
19	Dictionary, new definition of director
insert
director means the person occupying the position prescribed by regulation for this definition.
20	Education Regulation 2005, section 6 heading
substitute
6	Catholic systemic schools—Act, dict, def director

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2009.
2	Notification
	Notified under the Legislation Act on	2009.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2009