2017
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Education and Early Childhood Development)
Education Amendment Bill 2017

A Bill for
An Act to amend the Education Act 2004

    

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

1	Name of Act
This Act is the Education Amendment Act 2017.
2	Commencement
	(1)	This Act commences on—
	(a)	1 January 2019; or
	(b)	if, before 1 January 2019, the Minister fixes another day by written notice—the day fixed.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
	(2)	If this Act has not commenced by 1 January 2019, it automatically commences on that day.
	(3)	The Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to this Act.
3	Legislation amended
This Act amends the Education Act 2004.
4	Provisional registration for home education
Section 130
omit
5	Registration for home education
Section 131 (1) and (2)
substitute
	(1)	The parents of a child living, or usually living, in the ACT may apply to the director‑general for registration of the child for home education.
Note	The parents of a child living in the ACT must enrol the child at an education provider or apply to register the child for home education not later than 10 school term days after the day the child begins living in the ACT (see s 10). 
	(2)	The application must—
	(a)	be in writing; and
	(b)	include any information prescribed by regulation.
6	Conditions of registration for home education
New section 132 (d) to (f)
insert
	(d)	the child must live, or usually live, in the ACT; 
	(e)	the parents of the child must, within 28 days of either of the following occurring, tell the director-general, in writing, about the thing occurring:
	(i)	information on the register under section 139 changes; 
	(ii)	the child stops living, or usually living, in the ACT; 
	(f)	any condition prescribed by regulation.
Examples—par (d)
1	the child lives in the ACT, but receives medical treatment in Sydney
2	the child’s parents have a shared parenting agreement for the child and only 1 parent lives in the ACT
3	the child’s family leave the ACT for an extended holiday and intend to return to the 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).
7	Renewal of registration for home education
Section 137 (1)
omit
in writing
8	Section 137 (2)
substitute
	(2)	The application must—
	(a)	be in writing; and
	(b)	include any information prescribed by regulation; and
	(c)	be made—
	(i)	not later than 3 months before the registration ends; or
	(ii)	within a shorter period approved by the director‑general.
9	Section 137 (4) 
omit
10	Home education reports
New section 138 (2)
insert
	(2)	The report must comply with any requirement prescribed by regulation.
11	Home education register
New section 139 (2)
insert
	(2)	The register must include any information prescribed by regulation.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 26 October 2017.
2	Notification
	Notified under the Legislation Act on	2017.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2017