Australian Capital Territory
Education Regulation 2005    
SL2005-1
made under the
Education Act 2004
Republication No 8
Effective:  1 July 2011 – 31 January 2013
Republication date: 1 July 2011
Last amendment made by A2011-22

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Education Regulation 2005, made under the Education Act 2004 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2011.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2011.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Education Regulation 2005
made under the
Education Act 2004
    
Contents
	Page

Part 1	Preliminary
	1	Name of regulation	2
	2	Notes	2
Part 2	Government schools
	3	Schools with student board members—Act, s 41 (2) (f)	3
	4	Appointment of staff member—Act, s 42 (4)	3
Part 3	Non-government schools
	5	Non-government schools register—Act, s 86 (4) (a), s 88 (4) (a), s 90 (4) (a) and s 97 (4) (a)	4
	6	Catholic systemic schools—Act, s 104 (12), def director	4
Part 4	Home education
	7	Home education register—Act, s 133 (a)	5
Schedule 1	Schools with student board members—Act, s 41 (2) (f)	6
Part 1.1	Schools	6
Part 1.2	Colleges	7
Endnotes
	1	About the endnotes	8
	2	Abbreviation key	8
	3	Legislation history	9
	4	Amendment history	10
	5	Earlier republications	11

Australian Capital Territory
Education Regulation 2005     

made under the
Education Act 2004

    

  

Part 1	Preliminary
1	Name of regulation
This regulation is the Education Regulation 2005.
2	Notes
A note included in this regulation is explanatory and is not part of this regulation.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2	Government schools
3	Schools with student board members—Act, s 41 (2) (f)
The school board of the schools mentioned in schedule 1 must include 2 members elected by the students at the school and appointed by the director‑general.
4	Appointment of staff member—Act, s 42 (4)
The director‑general must appoint the person nominated by the staff of a small school to be the staff member of the school board.

Part 3	Non-government schools
5	Non-government schools register—Act, s 86 (4) (a), s 88 (4) (a), s 90 (4) (a) and s 97 (4) (a)
	(1)	The following particulars for a school must be entered in the register of non-government schools:
	(a)	the proprietor of the school;
	(b)	the name of the school;
	(c)	the street address of the school’s administration office;
	(d)	the educational level or levels for which the school is provisionally registered or registered under the Act, part 4.2 (Registration—non-government schools);
	(e)	the term of provisional registration or registration under the Act, part 4.2.
	(2)	The registrar may include any other particulars in the register that the registrar considers appropriate.
6	Catholic systemic schools—Act, s 104 (12), def director
Director, Catholic Education Office, Archdiocese of Canberra and Goulburn is prescribed.

Part 4	Home education
7	Home education register—Act, s 133 (a)
	(1)	The following particulars for a child must be entered in the home education register:
	(a)	the child’s full name as shown on—
	(i)	the child’s birth certificate; or
	(ii)	if the birth certificate is not available—the child’s passport or another document approved by the director‑general that identifies the child;
	(b)	the full name by which the child is known, if different from the name under paragraph (a); 
	(c)	the child’s sex;
	(d)	the child’s date of birth;
	(e)	a unique identifying number for the child;
	(f)	the full names of the child’s parents;
Note	For the meaning of parent (which includes a carer), see the Act, s 6.
	(g)	the period for which the child is registered for home education;
	(h)	the address of the home base from which the home education will be carried out;
	(i)	the conditions of registration.
	(2)	In this section:
birth certificate means—
	(a)	the child’s birth certificate; or
	(b)	if the registration of the child’s birth has been changed—a birth certificate that includes the changed particulars.

Schedule 1	Schools with student board members—Act, s 41 (2) (f)
(see s 3)
Part 1.1	Schools

column 1
item	column 2
school	
1	Alfred Deakin High School	
2	Amaroo School	
3	Belconnen High School	
4	Black Mountain School	
5	Calwell High School	
6	Campbell High School	
7	Canberra High School	
8	Caroline Chisholm School	
9	Gold Creek School	
10	Kingsford Smith School	
11	Lanyon High School	
12	Lyneham High School	
13	Melba Copland Secondary School	
14	Melrose High School	
15	Namadgi School	
16	Stromlo High School	
17	Telopea Park School	
18	The Woden School	
19	University of Canberra High School Kaleen	
20	Wanniassa School	
Part 1.2	Colleges

column 1
item	column 2
school	
1	Canberra College	
2	Dickson College	
3	Erindale College	
4	Gungahlin College	
5	Hawker College	
6	Lake Tuggeranong College	
7	Narrabundah College	
8	University of Canberra Secondary College Lake Ginninderra	

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	
3	Legislation history
Education Regulation 2005 SL2005-1
notified LR 10 February 2005
s 1, s 2 commenced 10 February 2005 (LA s 75 (1))
remainder commenced 11 February 2005 (s 2)
as amended by
Education Amendment Regulation 2005 (No 1) SL2005-40
notified LR 15 December 2005
s 1, s 2 commenced 15 December 2005 (LA s 75 (1))
remainder commenced 31 December 2005 (s 2)
Education Amendment Act 2006 (No 2) A2006-57 ss 56-58
notified LR 19 December 2006
s 1, s 2 commenced 19 December 2006 (LA s 75 (1))
ss 56-58 commenced 20 December 2006 (s 2)
Education Amendment Regulation 2008 (No 1) SL2008-22
notified LR 22 May 2008
s 1, s 2 commenced 22 May 2008 (LA s 75 (1))
remainder commenced 23 May 2008 (s 2)
Education Amendment Regulation 2009 (No 1) SL2009-42
notified LR 10 August 2009
s 1, s 2 commenced 10 August 2009 (LA s 75 (1))
remainder commenced 11 August 2009 (s 2)
Education Amendment Regulation 2011 (No 1) SL2011-3
notified LR 17 February 2011
s 1, s 2 commenced 17 February 2011 (LA s 75 (1))
remainder commenced 18 February 2011 (s 2)
Education Amendment Regulation 2011 (No 2) SL2011-16
notified LR 20 June 2011
s 1, s 2 commenced 20 June 2011 (LA s 75 (1))
remainder commenced 21 June 2011 (s 2)
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.58
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.58 commenced 1 July 2011 (s 2 (1))
4	Amendment history
Notes
s 2	orig s 2 om LA s 89 (4)
	(prev s 3) renum SL2005-40 s 4
Government schools
pt 2 hdg	sub SL2005-40 s 5
Schools with student board members—Act, s 41 (2) (f)
s 3	orig s 3 renum as s 2
	ins SL2005-40 s 5
	am A2011-22amdt 1.185
Appointment of staff member—Act, s 42 (4)
s 4	sub SL2005-40 s 5
	am A2011-22amdt 1.185
Non-government schools
pt 3 hdg	orig pt 3 hdg renum as pt 4 hdg
	ins SL2005-40 s 5
Non-government schools register—Act, s 86 (4) (a), s 88 (4) (a), s 90 (4) (a) and s 97 (4) (a)
s 5	orig s 5 renum as s 7
	ins SL2005-40 s 5
	am A2006-57 s 56
Catholic systemic schools—Act, s 104 (12), def director
s 6	ins SL2005-40 s 5
Home education
pt 4 hdg	(prev pt 3 hdg) renum SL2005-40 s 6
Home education register—Act, s 133 (a)
s 7 hdg	sub A2006-57 s 57
s 7	(prev s 5) renum SL2005-40 s 7
	am A2006-57 s 58; A2011-22 amdt 1.185
Schools with student board members—Act, s 41 (2) (f)
sch 1	ins SL2005-40 s 8
sch 1 pt 1.1	sub SL2008-22 s 4
	am SL2009-42 s 4; items renum R5 LA; SL2011-3 s 4; items renum R6 LA; SL2011-16 ss 4-6; items renum R7 LA
sch 1 pt 1.2	am SL2008-22 s 5; items renum R4 LA; SL2011-3 s 5; items renum R6 LA; SL2011-16 s 7, s 8; items renum R7 LA
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
11 Feb 2005	11 Feb 2005–
30 Dec 2005	not amended	new regulation	
R2
31 Dec 2005	31 Dec 2005–
19 Dec 2006	SL2005-40	amendments by SL2005-40	
R3
20 Dec 2006	20 Dec 2006–
22 May 2008	A2006-57	amendments by A2006-57	
R4
23 May 2008	23 May 2008–
10 Aug 2009	SL2008-22	amendments by SL2008-22	
R5
11 Aug 2009	11 Aug 2009–
17 Feb 2011	SL2009-42	amendments by SL2009-42	
R6
18 Feb 2011	18 Feb 2011–
20 June 2011	SL2011-3	amendments by SL2011-3	
R7
21 June 2011	21 June 2011–
30 June 2011	SL2011-16	amendments by SL2011-16	

©  Australian Capital Territory 2011