2010

THE LEGISLATIVE ASSEMBLY FOR THE
AUSTRALIAN CAPITAL TERRITORY

EDUCATION (AMENDMENT) BILL 2010

EXPLANATORY STATEMENT

Presented by
Mr Andrew Barr MLA
Minister for Education and Training

Explanatory Statement

This explanatory statement relates to the Bill as introduced into the ACT Legislative Assembly.

Overview of Bill

In 2006 the ACT Government made a commitment to ‘better support teachers and schools by developing an option for tougher suspension for longer periods for misbehaving students.’

The purpose of the Bill is to enable the Chief Executive of the Department of Education and Training and the Director, Catholic Education Office, Archdiocese of Canberra and Goulbourn, to delegate their existing authority to suspend a student, for a maximum of ten days, to a school principal.

Outline of Provisions

Clause 1	Name of Act

States the title of the Act, which is the Education Amendment Act 2010.

Clause 2 	Commencement

States that the Act commences on the day after it is notified.

Clause 3	Legislation amended

States that the Act amends the Education Act 2004. 

Clause 4	Suspension, exclusion or transfer of a student by chief executive

Section 36(10) provides the chief executive may delegate the chief executive’s power to suspend a student from a government school for not longer than ten days to a school principal. 

This provision allows principals wider discretion in dealing with incidents in public schools. It will enhance their capacity to appropriately manage anti-social behaviour in their schools and to apply proportionate sanctions, reiterating the Territory’s zero-tolerance approach to bullying and its focus on schools as safe places for all.

Clause 5 	Suspension, transfer or exclusion of students-Catholic systemic schools

Section 104(10) provides the director may delegate the director’s power to suspend a student from a Catholic school for not longer than ten days to a school principal. 

This provision allows principals wider discretion in dealing with incidents in Catholic schools. It will enhance their capacity to appropriately manage anti-social behaviour in their schools and to apply proportionate sanctions, reiterating the Territory’s zero-tolerance approach to bullying and its focus on schools as safe places for all.