Education (General Provisions) Act 2006


Queensland Crest
Education (General Provisions) Act 2006

An Act about the education of children and the participation of young people in education and training, and for other purposes

Chapter 1 Preliminary

Part 1 Introduction

1Short title

This Act may be cited as the Education (General Provisions) Act 2006.

2Commencement

(1)Section 512 (2) and schedule 2 commence on 1 January 2007.
(2)Section 512 (3) and schedule 3 commence on 1 January 2008.
(3)Subject to subsections (1) and (2), this Act commences on a day to be fixed by proclamation.

Part 2 Application

3Act binds all persons

(1)This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.
(2)Subsection (1) does not make the State, the Commonwealth or another State liable to be prosecuted for an offence.

4Interaction with other legislation

(1)This Act includes—
(a)provisions requiring young people to continue their schooling until they are 16 years or have completed year 10, whichever happens first; and
(b)provisions requiring young people to continue in education and training for a further period for the purpose of achieving a certificate of achievement, senior statement, certificate III or certificate IV.
(2)The Further Education and Training Act 2014 includes provisions about some of the eligible options available to young people during this further period of learning.
(3)The E(QCAA) Act includes provisions about keeping student accounts for young people to record their participation in education and training.

s 4 amd 2006 No. 55s 4; 2014 No. 3s 114sch 1 pt 2; 2014 No. 25s 223sch 1 pt 2

Part 3 Objects

5Objects of Act

(1)The objects of this Act are—
(a)to make available to each Queensland child or young person a high-quality education that will—
(i)help maximise his or her educational potential; and
(ii)enable him or her to become an effective and informed member of the community; and
(b)to provide universal access to high quality State education; and
(c)for chapter 10—
(i)to implement initiatives to ensure young people participate in a period of education or training after they turn 16 years or complete year 10; and
(ii)to outline a range of education and training options for them during this period.
(2)The objects are to be achieved mainly by—
(a)placing responsibilities on parents and the State in relation to the education of children and young people; and
(b)providing for the establishment of State educational institutions, and facilitating their operation as safe and supportive learning environments; and
(c)ensuring education programs are responsive to the individual needs of children and young people; and
(d)encouraging a parent’s involvement in his or her child’s education; and
(e)encouraging parental and community involvement in the operation of State educational institutions by enabling—
(i)the establishment of school councils for State schools; and
(ii)the formation of parents and citizens associations for State instructional institutions.

s 5 amd 2006 No. 55s 5

6Activities to achieve objects of ch 10

To achieve the objects mentioned in section 5 (1)(c), the chief executive may—
(a)carry on the following activities (planning activities)—
(i)monitoring the operation and effectiveness of chapter 10;
(ii)carrying out planning relating to the matters dealt with under chapter 10;
(iii)developing strategies to better achieve the objects of chapter 10; and
(b)carry on the following activities (re-engagement activities)—
(i)identifying young persons in the compulsory participation phase who are not participating full-time in an eligible option;
(ii)giving them information about the options available to them;
(iii)encouraging them to participate in a way that achieves the best learning outcomes for them;
(iv)encouraging and helping their parents to play a role in the matters stated in subparagraphs (i) to (iii).

Note—

To help the chief executive carry on planning and re-engagement activities, the E(QCAA) Act, section 66 provides for information to be made available to the chief executive from student accounts kept by the QCAA for young persons in the compulsory participation phase.

s 6 amd 2006 No. 55s 6; 2014 No. 3s 114sch 1 pt 2

Part 4 Guiding principles for achieving Act’s objects

7Guiding principles

The principles intended to guide the achievement of this Act’s objects are the following—
(a)parents have the responsibility of choosing a suitable education environment for their children;
(b)education should be provided to a child or young person in a way that—
(i)provides positive learning experiences; and
(ii)promotes a safe and supportive learning environment; and
(iii)recognises his or her educational needs;
(c)children and young people should be actively involved in decisions affecting them to the extent that is appropriate having regard to their age and ability to understand;
(d)the State, parents, teachers, school communities and non-government entities should work collaboratively to foster a commitment to achieving the best educational outcomes for children and young people;
(e)for chapter 10—
(i)the State should develop practical ways to improve the social, educational and employment outcomes of young people, including, in particular, those who are at risk of disengaging from education and training; and
(ii)the State should foster a community commitment to young people by involving members of the community and community organisations in—
(A)developing education and training opportunities for young people; and
(B)re-engaging young people in education and training; and
(C)developing ways to improve the social outcomes of young people; and
(iii)the State should work with parents to achieve the best outcomes for young people; and
(iv)the State should work in consultation with non-government entities to achieve the objects of chapter 10.

s 7 amd 2006 No. 55s 7

Part 5 Interpretation

8Definitions

The dictionary in schedule 4 defines particular words used in this Act.

9Meaning of compulsory school age

(1)A child is of compulsory school age if the child is at least 6 years and 6 months, and less than 16 years.
(2)However, a child is no longer of compulsory school age if the child has completed year 10.

s 9 amd 2006 No. 39s 512(3)sch 3

10Meaning of parent

(1)A parent, of a child, is any of the following persons—
(a)the child’s mother;
(b)the child’s father;
(c)a person who exercises parental responsibility for the child.
(2)However, a person standing in the place of a parent of a child on a temporary basis is not a parent of the child.
(3)A parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child.
(4)A parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child.
(5)Despite subsections (1), (3) and (4), if—
(a)a person is granted guardianship of a child under the Child Protection Act 1999 ; or
(b)a person otherwise exercises parental responsibility for a child under a decision or order of a federal court or a court of a State;
then a reference in this Act to a parent of a child is a reference only to a person mentioned in paragraph (a) or (b).

11Meaning of basic allocation, remaining allocation etc.

(1)Basic allocation is the allocation of 26 semesters of State education.
(2)Some students do not have the basic allocation but another number of semesters of State education is allocated to the student by a State school’s principal.
(3)The remaining allocation for a student who had a basic allocation, began schooling in the preparatory year at a State school and continued to be enrolled at any State school is the basic allocation less the number of semesters of State education provided to the student.
(4)The remaining allocation for any of the following students is the number of semesters allocated to the student under section 61 less the number of semesters of State education provided to the student—
(a)a student who is not allocated a basic allocation under section 60 ;
(b)a student whose enrolment in a State school stopped—
(i)if the student is a child—at the request of the student’s parent; or
(ii)if the student is an adult—at the request of the student;
(c)a student whose enrolment in a State school stopped because of non-attendance by the student in accordance with a guideline published by the department;
(d)a student who received—
(i)schooling at a non-State school; or
(ii)home education under chapter 9, part 5;
(e)a student who received schooling outside Queensland;
(f)a student who is the subject of an exemption from compliance with section 176 (1)(a) granted under chapter 9, part 3.
(5)Neither basic allocation nor remaining allocation includes an extra semester granted under chapter 4, part 3 or further semester granted under chapter 4, part 5.

s 11 amd 2013 No. 37s 9; 2014 No. 62s 63

Chapter 2 State educational institutions

Part 1 State education

12Provision of State education

(1)For each student attending a State instructional institution, there must be provided an educational program approved by the Minister that—
(a)has regard to—
(i)the age, ability, aptitude and development of the student; and
(ii)whether enrolment in the educational program is compulsory or non-compulsory; and
(b)is an integral element within the total range of educational services offered with the prior approval of the Minister; and
(c)takes account, and promotes continuity, of the student’s learning experiences; and
(d)recognises, and takes account of, the nature of knowledge.
(2)The duration of the educational program must be based on the basic allocation for a student.

Part 2 Establishment and naming of State educational institutions

13Power to establish State schools

The Minister may establish schools at which the State provides primary, secondary or special education.

14Power to establish institutions that provide educational instruction to persons enrolled at State schools

The Minister may establish institutions at which the State provides educational instruction to persons enrolled at State schools as an adjunct to the educational programs provided to the persons at the State schools, including, for example—
(a)environmental education centres; and
(b)outdoor education centres.

15Power to establish other educational institutions

If the Minister considers it necessary or convenient for the purposes of this Act, the Minister may establish educational institutions other than State instructional institutions, including, for example—
(a)centres for the support and development of teachers and officers of the department; and
(b)student hostels or student residential colleges.

16Naming, and changing of name, of a State educational institution

The Minister may name, and change the name of, a State educational institution.

Part 3 Amalgamation or closure of State schools

17Definition for pt 3

In this part—
closure, of a State school, does not include the following—
(a)the temporary closure of the school;
(b)the permanent closure of the school if the Minister is reasonably satisfied exceptional circumstances exist that justify the closure.

18Notice of proposed closure or amalgamation

If the Minister proposes closing a State school or amalgamating 2 or more State schools, the Minister must publish a notice about the proposal in the gazette.

19Consultation

(1)Before closing a State school, there must be adequate consultation by the Minister with each of the following—
(a)the school community;
(b)if there is a school council for the school—the school council;
(c)if there is an association formed for the school—the association.
(2)Before amalgamating 2 or more State schools, there must be adequate consultation by the Minister with each of the following—
(a)the school communities;
(b)if there is a school council established for any of the schools—the school council;
(c)if there is an association formed for any of the schools—the association.

20Time to elapse before closure or amalgamation

If notice about a proposed closure of a State school or amalgamation of 2 or more State schools is published under section 18 , the closure or amalgamation must not happen earlier than 6 months after the publication.

Part 4 Bases for education provided, and testing, at State instructional institutions

21Curriculum framework for State instructional institutions

(1)The Minister may decide on a curriculum framework that is to apply to a State instructional institution.
(2)In this section—
curriculum framework means the framework under which the institution’s principal may decide the range of learning experiences to be offered to students attending the institution.

24Direction by Minister about tests

(1)The Minister may direct the principal of a State instructional institution, providing education to students in the year of schooling to which an approved test or common national test relates, to administer the test at the institution.
(2)In this section—
approved test means a test, relating to a year of schooling, developed or revised by the QCAA under the E(QCAA) Act.
common national test means a common national test stated in the regulations made under the Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004 (Cwlth), section 19 (4).

s 24 amd 2014 No. 3s 114sch 1 pt 2

Part 5 [Repealed]

pt hdg om 2014 No. 62s 64

Division 1 [Repealed]

div 1 (ss 25–26) om 2014 No. 62s 64

25[Repealed]

div 1 (ss 25–26) om 2014 No. 62s 64

26[Repealed]

div 1 (ss 25–26) om 2014 No. 62s 64

Division 2 [Repealed]

div 2 (s 27) om 2014 No. 62s 64

27[Repealed]

div 2 (s 27) om 2014 No. 62s 64

Division 3 [Repealed]

div 3 (ss 28–31) om 2014 No. 62s 64

28[Repealed]

div 3 (ss 28–31) om 2014 No. 62s 64

29[Repealed]

div 3 (ss 28–31) om 2014 No. 62s 64

30[Repealed]

div 3 (ss 28–31) om 2014 No. 62s 64

31[Repealed]

div 3 (ss 28–31) om 2014 No. 62s 64

Division 4 [Repealed]

div hdg om 2014 No. 62s 64

32[Repealed]

s 32 om 2014 No. 62s 64

33[Repealed]

s 33 om 2014 No. 62s 64

34[Repealed]

s 34 om 2014 No. 62s 64

35[Repealed]

s 35 om 2014 No. 62s 64

Division 5 [Repealed]

div 5 (s 38) om 2014 No. 62s 64

38[Repealed]

div 5 (s 38) om 2014 No. 62s 64

Division 6 [Repealed]

div 6 (ss 39–42) om 2014 No. 62s 64

39[Repealed]

div 6 (ss 39–42) om 2014 No. 62s 64

40[Repealed]

div 6 (ss 39–42) om 2014 No. 62s 64

41[Repealed]

div 6 (ss 39–42) om 2014 No. 62s 64

42[Repealed]

div 6 (ss 39–42) om 2014 No. 62s 64

Division 7 [Repealed]

div 7 (ss 43–44) om 2014 No. 62s 64

43[Repealed]

div 7 (ss 43–44) om 2014 No. 62s 64

44[Repealed]

div 7 (ss 43–44) om 2014 No. 62s 64

Part 6 Miscellaneous provisions

45Inspection of State educational institution’s premises

The Minister may arrange for a State educational institution’s premises to be inspected at a time and in the way the Minister believes appropriate.

46Investigation of complaint

(1)This section applies if—
(a)a person makes a complaint about the administration, management or operation of a State educational institution; and
(b)in the chief executive’s opinion, the complaint is not frivolous or vexatious.
(2)The chief executive must—
(a)investigate the complaint; or
(b)cause the complaint to be investigated by an appropriately qualified officer of the department.

Note—

Under section 432 , the chief executive may delegate the chief executive’s functions under this section to an appropriately qualified officer of the department.

s 46 sub 2014 No. 62s 29

47Use of State educational institution’s premises

(1)The Minister may permit a person to use a State educational institution’s premises located on reserve land for any purpose, including a purpose not connected with education.
(2)Permission may be given under subsection (1) on reasonable conditions the Minister considers appropriate.
(3)In this section—
reserve land means land dedicated as a reserve under the Land Act 1994 , section 31 for educational purposes.

Chapter 2A [Repealed]

ch hdg ins 2009 No. 39s 13

om 2014 No. 3s 114sch 1 pt 2

Part 1 [Repealed]

pt 1 (s 47A) ins 2009 No. 39s 13

om 2014 No. 3s 114sch 1 pt 2

47A[Repealed]

pt 1 (s 47A) ins 2009 No. 39s 13

om 2014 No. 3s 114sch 1 pt 2

Part 2 [Repealed]

pt hdg ins 2009 No. 39s 13

om 2014 No. 3s 114sch 1 pt 2

47B[Repealed]

s 47B ins 2009 No. 39s 13

om 2014 No. 3s 114sch 1 pt 2

47C[Repealed]

s 47C ins 2009 No. 39s 13

om 2014 No. 3s 114sch 1 pt 2

47D[Repealed]

s 47D ins 2009 No. 39s 13

om 2014 No. 3s 114sch 1 pt 2

Part 3 [Repealed]

pt 3 (ss 47F–47J) ins 2009 No. 39s 13

om 2014 No. 3s 114sch 1 pt 2

47F[Repealed]

pt 3 (ss 47F–47J) ins 2009 No. 39s 13

om 2014 No. 3s 114sch 1 pt 2

47G[Repealed]

pt 3 (ss 47F–47J) ins 2009 No. 39s 13

om 2014 No. 3s 114sch 1 pt 2

47H[Repealed]

pt 3 (ss 47F–47J) ins 2009 No. 39s 13

om 2014 No. 3s 114sch 1 pt 2

47I[Repealed]

pt 3 (ss 47F–47J) ins 2009 No. 39s 13

om 2014 No. 3s 114sch 1 pt 2

47J[Repealed]

pt 3 (ss 47F–47J) ins 2009 No. 39s 13

om 2014 No. 3s 114sch 1 pt 2

Part 4 [Repealed]

pt 4 (s 47K) ins 2009 No. 39s 13

om 2014 No. 3s 114sch 1 pt 2

47K[Repealed]

pt 4 (s 47K) ins 2009 No. 39s 13

om 2014 No. 3s 114sch 1 pt 2

Chapter 3 Cost of providing State education

48Definitions for ch 3

In this chapter—
chief executive (transport) means the chief executive of the department in which the Transport Operations (Passenger Transport) Act 1994 is administered.
corresponding law means a law of another State corresponding, or substantially corresponding, to this Act.

def corresponding law ins 2014 No. 62s 65(2)

nearest applicable school, for a person, means the nearest State school, or equivalent of a State school under a corresponding law, with the required year level for the person.

def nearest applicable school sub 2014 No. 62s 65

permanent resident means the holder of a permanent visa as defined by the Migration Act 1958 (Cwlth), section 30 (1).

49Meaning of remote area

A person lives in a remote area if—
(a)the person’s principal place of residence—
(i)is at least 16km from the nearest applicable school; and
(ii)is at least 4.5km from a school transport service approved by the chief executive (transport) or a public transport service to the nearest applicable school; or
(b)the person’s principal place of residence—
(i)is at least 16km from the nearest applicable school; and
(ii)is less than 4.5km from a school transport service approved by the chief executive (transport) or a public transport service to the nearest applicable school; and
(iii)is—
(A)at least 56km from the nearest applicable school using the route travelled by the transport service; or
(B)at least 3 hours travelling time a day from the nearest applicable school using the transport service.

50State education to be free

(1)Subsection (2) applies to—
(a)a person enrolled at a State school; or
(b)a person who is a pre-preparatory age child registered in—
(i)a pre-preparatory learning program at a prescribed State school; or
(ii)a distance education pre-preparatory learning program at a State school;
who is—
(c)an Australian citizen or permanent resident; or
(d)a child of an Australian citizen or permanent resident.
(2)The cost of providing instruction, administration and facilities for the education of the person at the school must be met by the State.
(3)This section applies subject to sections 51 , 52 and 55 .
(4)In this section—
person enrolled at a State school does not include a person who is also enrolled at a non-State school unless the person’s enrolment at the State school preceded the person’s enrolment at the non-State school.

s 50 amd 2009 No. 40s 7; 2012 No. 35s 6

51Power to charge particular persons or for particular educational services

(1)Subsection (3) applies to a person enrolled at a State school, or a pre-preparatory age child registered in a pre-preparatory learning program at a prescribed State school, who is not—
(a)an Australian citizen or permanent resident; or
(b)a child of an Australian citizen or permanent resident.
(2)Subsection (3) also applies to a person enrolled at both a State school and non-State school if the person’s enrolment at the non-State school preceded the person’s enrolment at the State school.
(3)The chief executive may charge a fee for—
(a)the education of the person at the State school; or
(b)registration of the pre-preparatory age child in the pre-preparatory learning program at the State school.
(4)Also, the chief executive may charge a person mentioned in section 50 (1)—
(a)a fee for providing an educational service to the person not met by the State under section 50 (2); or
(b)a fee for the provision of an educational service by an entity to the person if the State school at which the person is enrolled has been charged by the entity for the provision of the educational service.
(5)In addition, the chief executive may charge a person not enrolled at a State school a fee for the education of the person at the school.
(6)The chief executive’s power to charge a person a fee under this section includes a power to—
(a)exempt any person or matter from payment of the fee; or
(b)waive payment of the fee for any person or matter; or
(c)refund a fee paid under this section.
(7)If a fee for a person mentioned in subsection (1) is not paid—
(a)the person is not entitled to be enrolled at a State school; and
(b)the chief executive may cancel the enrolment of the person.
(8)If a fee for a pre-preparatory age child mentioned in subsection (1) is not paid—
(a)the pre-preparatory age child is not entitled to be registered in a pre-preparatory learning program at a State school; and
(b)the chief executive may cancel the registration of the child.

s 51 amd 2009 No. 40s 8; 2013 No. 37s 10

52Fee for distance education provided by a State school

(1)This section applies to—
(a)a person enrolled in a program of distance education at a State school; or
(b)a person, other than a State school student, who is enrolled to undertake a component of a program of distance education at a State school but is not enrolled in the program at the school.
(2)The fee prescribed under a regulation must be paid for the provision of distance education to the person.
(3)If the fee payable under subsection (2) for the person is not paid—
(a)the person is not entitled to be enrolled in, or undertake, the program of distance education mentioned in subsection (1); and
(b)the chief executive may cancel the person’s enrolment.
(4)In this section—
State school student means a person enrolled at a State school.

s 52 amd 2008 No. 25s 155; 2014 No. 62s 66

53When fee for distance education is not payable

(1)Despite section 52 (2), the fee is not payable if the person is a person mentioned in section 52 (1)(a) and—
(a)the person lives in a remote area; or
(b)the person—
(i)can not attend a State school, other than a school of distance education, for more than 80 consecutive school days because of the person’s state of health; and
(ii)gives the chief executive a medical certificate stating that fact; or
(c)the person has an itinerant lifestyle; or
(d)the person is suspended from a State school under chapter 12, part 3, division 2 on a charge-related ground; or
(e)the person—
(i)is excluded from a State school under section 291 , or from certain State schools under section 298 ; and
(ii)would live in a remote area if the school, or schools, from which the person is excluded were taken not to be a nearest applicable school for the definition remote area; or
(f)the person is excluded from all State schools under section 298 ; or
(g)the person can not attend a State school, other than a school of distance education, because the person is caring for the person’s child or a child for whom the person has or exercises parental responsibility; or
(h)the person—
(i)can not attend a State school, other than a school of distance education, because the person is caring for someone, other than a child mentioned in paragraph (f), on a regular basis; and
(ii)gives the chief executive a medical certificate stating that fact; or
(i)the person—
(i)can not be a mature age student of a mature age State school because the person has been refused enrolment at the school; or
(ii)can not reasonably be expected to be a mature age student of a mature age State school because the nearest mature age State school to the person’s principal place of residence is at least 16km from the residence.
(j)the person is in the custody of the chief executive (corrective services) at a corrective services facility under the Corrective Services Act 2006 .
(2)For subsection (1)(c), a person has an itinerant lifestyle if—
(a)because of the nature of the occupation in which the person or a parent of the person is engaged—
(i)the person’s principal place of residence changes at least twice in the relevant school year or at least 5 times in the period consisting of the relevant school year and the school year immediately before or after the relevant school year; or
(ii)the person spends at least 60 school days of the relevant school year (consisting of periods of 5 consecutive school days or more) away from the person’s principal place of residence; or
(iii)the person’s principal place of residence is a caravan and the location of the caravan changes at least twice in the relevant school year or at least 5 times in the period consisting of the relevant school year and the school year immediately before or after the relevant school year; or
(iv)the place where the person lives changes at least twice in the relevant school year and the person does not have a principal place of residence; and

Examples of an occupation for paragraph (a)—

carnival worker, contract harvester or shearer
(b)the person spends at least 120 school days of the relevant school year in the State.
(3)In this section—
caravan means a caravan under the Residential Tenancies and Rooming Accommodation Act 2008 .
medical certificate means a certificate signed by a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession, other than as a student, or a medical practitioner.
relevant school year means the school year in relation to which the person is enrolled in a program of distance education at a State school.

s 53 amd 2008 No. 73s 554sch 1; 2010 No. 14s 124 sch; 2010 No. 50s 8; 2013 No. 59s 6; 2014 No. 62s 30; 2014 No. 62s 67

54Waiver of fee for distance education

(1)The chief executive may waive, entirely or partly, payment of the fee mentioned in section 52 (2) for a person if—
(a)the chief executive is satisfied—
(i)the person is or has been enrolled in, or undertaking a component of, a program of distance education and would suffer a significant educational disadvantage if the person were not able to continue in the program; and
(ii)payment of the fee would cause financial hardship to the person liable to pay it; or

Example for paragraph (a)—

A parent of a child enrolled in a program of distance education for 1 year may be unable to pay the fee for the following year because of temporary financial hardship.
(b)for a person enrolled in a program, or enrolled to undertake a component of a program, of distance education—the chief executive is satisfied the waiver is appropriate and reasonable because exceptional circumstances exist in relation to the person.
(2)In making a decision under subsection (1)(b) about waiving payment of the fee for a person, the chief executive may have regard to any relevant matter of which the chief executive is aware, including, for example—
(a)whether the person would suffer a significant educational disadvantage if the person were not able to enrol in a program, or enrol to undertake a component of a program, of distance education; or
(b)whether a program, or a component of a program, of distance education is the most appropriate educational program for the person.

s 54 amd 2008 No. 25s 156

55Charging for specialised educational program

(1)This section applies to a State school that is approved by the chief executive to offer a specialised educational program prescribed under a regulation.
(2)The fee, for the program, prescribed under a regulation must be paid for the undertaking of the program.
(3)For subsection (2)—
(a)if a child is undertaking the program—a parent of the child must pay the fee; or
(b)if an adult is undertaking the program—that person must pay the fee.
(4)However, the chief executive may waive, entirely or partly, payment of the fee if the chief executive is satisfied—
(a)payment of the fee would cause financial hardship to the person liable to pay it; and
(b)the person wishing to undertake the program would suffer a significant educational disadvantage if the person can not undertake the program.
(5)The chief executive must ensure a list of State schools approved under subsection (1) is available for public inspection, without charge—
(a)during normal business hours at the department’s head office; and
(b)on the department’s website on the internet.
(6)In this section—
specialised educational program means an educational program not usually offered by a State school.

56Voluntary financial contribution

(1)Despite section 50 , a State school’s principal may ask the parents of a student of the school to make a voluntary financial contribution towards the cost of providing instruction, administration and facilities for the education of the student at the school.
(2)The student must still be provided the education even if the parents do not make the financial contribution.
(3)If the student is an adult, subsections (1) and (2) apply as if the reference in the subsections to the student’s parents were a reference to the student.

Chapter 4 Allocation of State education

Part 1 Preliminary

57Definition for ch 4

In this chapter—
student includes a person who is not enrolled at a State school.

58Application of chapter to student under 16 years

A student who is under 16 years at the time of starting a semester in a school year at a State school, but who does not have any remaining allocation, may attend the State school for all of the semester without making an application under part 3 or 5.

Part 2 Basic allocation, initial allocation and remaining allocation

pt hdg amd 2013 No. 37s 19sch 1

60Basic allocation

If a student begins schooling in the preparatory year at a State school, the student has the basic allocation determined from the start of the calendar year in which the student begins schooling.

s 60 amd 2006 No. 39s 512(3)sch 3

sub 2013 No. 37s 12

61Initial remaining allocation

(1)This section applies to a student mentioned in section 11 (4).
(2)If an application is made under section 155 to enrol the student at a State school, the State school’s principal must decide the student’s initial remaining allocation.
(3)If the student has been the subject of an exemption under chapter 9, part 3 and did not undertake an educational program for all or part of the period of the exemption (the excused period), the excused period must not be included in calculating the student’s initial remaining allocation.

s 61 amd 2006 No. 39s 512(3)sch 3

sub 2013 No. 37s 12

62Principal must consider initial remaining allocation for certain students

(1)This section applies to a decision, under section 61 , by a State school’s principal.
(2)The principal’s decision about a student’s initial remaining allocation must be made in the way the principal considers appropriate after considering all relevant matters, including, for example—
(a)the age, ability, aptitude and development of the student; and
(b)the need to take account and promote continuity of the student’s initial learning experiences; and
(c)whether the enrolment is compulsory or non-compulsory; and
(d)if the student’s initial enrolment is non-compulsory—the student’s initial commitment to complete a course of study.
(3)The principal must make the decision within a reasonable time after the application was made to enrol the student at the school.
(4)After making the decision, the principal must—
(a)immediately advise the student of the decision; and
(b)within 7 days after advising the student of the decision, give the student an information notice about the decision.

s 62 amd 2013 No. 37s 19sch 1; 2014 No. 62s 31

63Notice to certain students about remaining allocation

(1)This section applies to a student—
(a)who is enrolled in semester 2 in a year at a State school; and
(b)whose remaining allocation will be not more than 4 semesters at the end of the year.
(2)By the end of the year, the principal of the State school must give notice to the student about the student’s remaining allocation after the end of semester 2 of the year.
(3)The notice may be included with another report or document given to the student.

64Information to be given to repeating student

(1)This section applies to a student who has been approved by a State school’s principal to repeat, at the school, a year of schooling for which the student has already been enrolled at the school.
(2)The principal must, as soon as practicable after the approval, give the student written information about the allocation of State education under this chapter.

Part 3 Extra semesters may be granted by principals

65Application for extra semesters if no remaining allocation

(1)This section applies to a student who does not have any remaining allocation.
(2)The student may apply, in the approved form, to a State school’s principal for the granting, in a school year, of not more than 2 extra semesters of State education at the State school.
(3)The application must be given to the principal—
(a)more than 12 weeks before the start of the semester, or the first of the semesters, to which the application relates; or
(b)if the principal allows a later time for giving the application—before the later time.

66Principal must consider and decide application for extra semesters

(1)The principal must consider the application and decide it in the way the principal considers appropriate after considering all relevant matters, including, for example—
(a)whether the student is of compulsory school age; and
(b)the likely educational outcome of the student attending the school for the extra semester or semesters; and
(c)the likely impact on the resources of the State school of the student attending the State school for the extra semester or semesters.
(2)However, the principal must make the decision within a reasonable time after the making of the application, allowing for the need to collect and analyse the results of any assessment of the student undertaken during the semester immediately before the semester, or the earlier of the semesters, to which the application relates.
(3)After making the decision, the principal must—
(a)immediately advise the student of the decision; and
(b)within 7 days after advising the student of the decision, give the student an information notice about the decision.

s 66 amd 2014 No. 62s 32

67Limitation on extra semesters granted by principals

No more than 2 extra semesters may be granted to a student under this part.

Part 4 [Repealed]

pt hdg om 2014 No. 62s 33

69[Repealed]

s 69 amd 2009 No. 24s 128

om 2014 No. 62s 33

Part 5 Further semesters may be granted by chief executive

70Definition for pt 5

In this part—
stated State school see section 71 (2).

71Application for further semesters if no remaining allocation and after extra semesters

(1)This section applies to a student who does not have any remaining allocation and who has been granted 2 extra semesters under part 3.
(2)The student may apply, in the approved form, to the chief executive for the granting of not more than 2 further semesters of State education at a State school stated in the application (the stated State school).
(3)The application must be made to the chief executive—
(a)more than 12 weeks before the start of the semester, or the first of the semesters, to which the application relates; or
(b)if the chief executive allows a later time for making the application—before the later time.

72Chief executive must consider and decide application for further semesters

(1)The chief executive must consider the application and decide the application in the way the chief executive considers appropriate after considering all relevant matters, including, for example—
(a)whether the student is of compulsory school age; and
(b)the likely educational outcome of the student attending the stated State school for the further semester or semesters; and
(c)the likely impact on the resources of the stated State school of the student attending the stated State school for the further semester or semesters.
(2)However, the chief executive must make the decision within a reasonable time after the making of the application, allowing for the need to collect and analyse the results of any assessment of the student undertaken during the semester immediately before the semester, or the earlier of the semesters, to which the application relates.
(3)After the chief executive decides the application, the chief executive must—
(a)immediately advise the student of the decision; and
(b)within 7 days after advising the student of the decision—
(i)if the student has not previously been granted 2 further semesters under this part—give the student an information notice about the decision; or
(ii)if the student has previously been granted 2 further semesters under this part—give the student a notice complying with the QCAT Act, section 157 (2).

Note—

See chapter 15, part 4 for review of the decision by QCAT.

s 72 amd 2009 No. 24s 129; 2014 No. 62s 34

73Chief executive to give notice to principal if further semesters granted

(1)If the chief executive decides to grant the application, the chief executive must give notice of the decision to the stated State school’s principal.
(2)The notice must state—
(a)the student’s name; and
(b)the student’s educational level; and
(c)the period of the extension; and
(d)any other information the chief executive is reasonably satisfied the principal should be aware of in relation to the decision.

74Limitation on further semesters granted by chief executive

No more than 4 further semesters may be granted to a student under this part.

Part 6 Copy of notice to be given to parent

75Copy of notice under this chapter to be given to parent

(1)If a person is required, under this chapter, to give a notice to a student and the student is a child, the person must as soon as practicable give a copy of the notice to a parent of the child.
(2)For giving the copy to a parent, the person may rely on the relevant State school’s records about the child’s parents and their current residential address.
(3)Subsection (1) does not apply if the person is satisfied it would be inappropriate in the circumstances to give the copy to the parent.

Example—

It may be inappropriate to give the parent a copy of the notice if the student is living independently of his or her parents.
(4)In this section—
parent, of a child, includes a person standing in the place of a parent of the child on a temporary basis.

Chapter 5 Religious instruction

76Religious instruction in school hours

(1)Any minister of a religious denomination or society, or an accredited representative of a religious denomination or society, which representative has been approved by the Minister for the purpose, shall be entitled during school hours to give to the students in attendance at a State school who are members of the denomination or society of which the person is a minister or the accredited representative religious instruction in accordance with regulations prescribed in that behalf during a period not exceeding 1 hour in each week on such day as the principal of that school appoints.
(2)Instruction in accordance with a regulation may be given in State primary and special schools during school hours in selected Bible lessons.
(3)A separate reading book shall be provided for such purpose.
(4)Instruction of a kind mentioned in subsection (2) is not to include any teaching in the distinctive tenets or doctrines of any religious denomination, society or sect.
(5)Notwithstanding anything in this section, any parent of a student in attendance at a State school may withdraw such student from all religious instruction in such school by notification in writing to the principal that the parent desires the student to be so withdrawn.
(6)The provisions pursuant to this section shall not apply or extend to students enrolled in the preparatory year at a State school.

s 76 amd 2006 No. 39s 512(2)sch 2

Chapter 6 School councils

Part 1 Preliminary

77Definitions for ch 6

In this chapter—
alternative association member see section 88 (1).
appointed member, of a school council, means a member of the council appointed, under the council’s constitution, by the council.
chairperson, of a school council, means a person elected as chairperson of the council under section 89 .
coopted student member, of a school council established for a State school that does not offer secondary education, means a year 6 student of the school who is coopted as a member of the council under the council’s constitution.

def coopted student member amd 2013 No. 37s 13

elected member, of a school council, means a person who is an elected member of the council under section 86 .
elected parent member, of a school council, means a parent of a child attending the school for which the council is established who is elected—
(a)if there is an association formed for the school and the association’s constitution provides for the election of parent members to the school’s council—under the association’s constitution; or
(b)otherwise—by a secret ballot under the council’s constitution.
elected staff member, of a school council, means a member of the staff of the school for which the council is established who is elected by a secret ballot, held under the council’s constitution, of all the persons who are—
(a)employed by the department and assigned to the school; or
(b)otherwise employed full-time or part-time at the school.
elected student member, of a school council established for a State school offering secondary education for year 10, 11 or 12, means a student in year 10, 11 or 12 at the school who is elected by a poll, held under the council’s constitution, in which only those students at the school in year 10, 11 or 12 may vote.
official member, of a school council, means a person who is an official member of the council under section 85 .

Part 2 Object of chapter

78Object

(1)The object of this chapter is to improve student learning outcomes by providing for the establishment and operation of school councils.
(2)A school council has particular functions for guiding the broad strategic direction of the State school for which it is established.

Part 3 Establishment, name, functions and other matters

79Establishment

(1)Subject to section 109 (6) and (7), the chief executive may, by notice in the gazette, establish a school council for a State school.
(2)A school council established under subsection (1) may have functions only about the school for which the council is established.

80Name

The school council established for a State school is named as follows—
(a)if the name of the school ends with ‘school’—the council is called ‘. . . (insert name of school) Council’;
(b)otherwise—the council is called ‘. . . (insert name of school) School Council’.

81Functions

(1)A school council for a State school has the following functions—
(a)monitoring the school’s strategic direction;
(b)approving—
(i)plans and policies of the school of a strategic nature; or
(ii)other documents affecting strategic matters, including the annual estimate of revenue and expenditure for the school;
(c)monitoring the implementation of the plans, policies and other documents mentioned in paragraph (b);
(d)advising the school’s principal about strategic matters.
(2)The council must perform its functions in a way that achieves the best learning outcomes for the school’s students.
(3)Despite subsections (1) and (2), a school council may not—
(a)interfere with the management by the school’s principal of the day-to-day operations of the school and its curriculum; or
(b)make operational decisions about the use of teaching or learning resources at the school; or
(c)make decisions about the individual teaching style used, or to be used, at the school; or
(d)make a decision that is contrary to law or a written policy of the department.

82School councils do not have certain powers

A school council may not—
(a)have control of funds; or
(b)enter into contracts; or
(c)acquire, hold, dispose of or deal with property; or
(d)sue or be sued.

Part 4 Membership

83Membership of a school council

(1)A school council consists of official members, elected members and appointed members.
(2)Also, if the State school for which the council is established does not offer secondary education, a school council may also include a coopted student member.

84Number

(1)The number of members of a school council must be at least 6 and not more than 15.
(2)A school council must include at least—
(a)1 elected parent member; and
(b)1 elected staff member.
(3)The number of elected parent members and elected staff members of a school council must be equal.
(4)A school council must include not more than 2 elected student members and 2 appointed members.
(5)If the State school for which a school council is established provides secondary education for year 10, 11 or 12, the council must include at least 1 elected student member.

85Official members

(1)The official members of a school council for a State school are—
(a)the school’s principal; and
(b)if there is an association formed for the school—the association’s president.
(2)An official member of a school council is not eligible to be an elected member, or appointed member, of the council.

86Elected members

(1)The elected members of a school council are—
(a)the elected parent members; and
(b)the elected staff members; and
(c)if the school for which the council is established offers secondary education for year 10, 11 or 12—the elected student members.
(2)A poll for the election of an elected student member of a school council may take place at the same time as, or be combined with, other elections at the State school for which the council is established involving students, including, for example, the election of the school’s captain and vice-captain.
(3)Subsection (4) applies if, at the time of closure of nominations for the elected members of a school council, the number of nominations is less than the number of elected members required to be elected.
(4)The person who, under the council’s constitution, is responsible for conducting the election for the elected members must declare the persons who are properly nominated under the constitution to have been elected.

87Coopted student member

A coopted student member of a school council—
(a)does not have the power to vote on a matter before the council despite section 101 (1), (2) and (3); and
(b)may not be elected as the council’s chairperson under section 89 or be chosen to preside at a council meeting under section 100 (2).

88Alternative association member

(1)The president of an association formed for a State school may, under the association’s constitution, appoint another association member (the alternative association member) to attend meetings of a school council for the school in the place of the president when the president can not attend the meetings.
(2)When attending a meeting of the council under subsection (1), the alternative association member has the same rights and duties as the president.
(3)An elected member, or appointed member, of the council is ineligible for appointment by the president as the alternative association member.

89Chairperson

(1)A school council for a State school must elect one of the council’s members as chairperson of the council.
(2)The school’s principal may not be elected as chairperson of the council.
(3)A school council’s chairperson holds office for the term decided by the council (the chairperson’s term), unless the person’s term of office as a member of the council ends sooner than the chairperson’s term.
(4)Subsection (5) applies if—
(a)an association has been formed for the school for which a school council is established; and
(b)the president of the association is the chairperson of the council; and
(c)an alternative association member is attending a meeting of the council in place of the president.
(5)Despite section 88 (2), the alternative association member may not preside at the meeting, unless the alternative association member is chosen to preside under section 100 (2).

90Term of office for elected member or appointed member

(1)Each elected member, or appointed member, of a school council holds office for the term, not longer than 2 years, stated in the council’s constitution.
(2)However, subject to section 84 , the council’s constitution may provide for up to the following number of the council’s first elected members to hold office for a term of not longer than 3 years—
(a)if the number of the first elected members is an even number—one-half of the number of the first elected members;
(b)if the number of the first elected members is an odd number—the whole number next higher than one-half of the number of the first elected members.

s 90 amd 2013 No. 37s 19sch 1

91Casual vacancy in office of elected member or appointed member

(1)If a vacancy occurs in the office of an elected member, or appointed member, of a school council (the vacating member) during the currency of the member’s term of office, another person (the new member) must be elected or appointed under this part to fill the vacancy.
(2)The new member holds office for the remainder of the vacating member’s term of office or until the new member sooner vacates the office.
(3)If a vacancy occurs in the office of an elected member, the new member must be of the same type of elected member, under section 86 , as the vacating member.

92Vacation of office

(1)The office of an elected member, or appointed member, of a school council for a State school becomes vacant if the member—
(a)dies; or
(b)resigns the member’s office by signed notice of resignation—
(i)for the council’s chairperson—given to the school principal’s supervisor; or
(ii)for another council member—given to the council’s chairperson; or
(c)is absent from 3 consecutive meetings of the council, of which the member has been given notice under the council’s constitution, without the council’s leave and without reasonable excuse; or
(d)stops being eligible, under this Act or the council’s constitution, for election or appointment to the office.
(2)A notice of resignation mentioned in subsection (1)(b) takes effect when the notice is given under that paragraph or, if a later time is stated in the notice, the later time.
(3)If the office of an elected member, or appointed member, of a school council is vacant and, because of the vacancy, the membership does not comply with section 84 , the council is taken to be validly constituted until the earlier of the following happens—
(a)the day the vacancy is filled;
(b)the expiry of 3 months after the day the vacancy arose.
(4)In this section—
meeting, of the council, means—
(a)if the relevant member does not attend—a meeting of the council with a quorum for the council present; or
(b)if the relevant member attends—a meeting of the council with or without a quorum for the council present.

93Disqualification from membership

(1)A person can not become, or continue as, an elected parent member, elected staff member, or appointed member, of a school council if the person has been convicted of an indictable offence, unless the Minister gives an approval under this section.
(2)If the Minister considers it would be reasonable, having regard to the circumstances of the indictable offence of which a person has been convicted, the Minister may—
(a)if the person was a member when convicted—give notice to the council’s chairperson and the person that the person is restored as a member, and may be later re-elected or reappointed, despite the conviction; or
(b)otherwise—give written approval for the person to be elected or appointed as a council member despite the conviction.
(3)On the day the council’s chairperson receives a notice under subsection (2)(a)—
(a)the person is restored as a council member; and
(b)if another person has been elected or appointed to fill the vacancy—the other person’s appointment ends.
(4)If a person is restored as a council member under subsection (3), the person’s term of office as a council member ends when it would have ended if the person had not been convicted of the offence.

Part 5 Constitution

94Constitution for school council

(1)A school council must have a constitution.
(2)The council’s constitution must provide for the following—
(a)membership of the council, including—
(i)eligibility for election as, or to vote for, an elected member of the council; and
(ii)eligibility for appointment as an appointed member of the council; and
(iii)procedures for election or appointment; and
(iv)when the term of office of an elected member, or appointed member, of the council starts and ends; and
(v)if there is an association formed for the school for which the council is established—the way in which the association’s president must give notice to the council’s chairperson about the appointment of an alternative association member;
(b)election of, and other matters relating to, the council’s chairperson;
(c)conduct of council business;
(d)the way the council performs its functions.
(3)The constitution may also provide for other matters the council considers appropriate for inclusion in it.
(4)However, the provisions of a council’s constitution about membership of the council—
(a)must comply with part 4; and
(b)if there is an association formed for the school for which the council is established—are subject to the provisions of the association’s constitution about the election of an elected parent member of the council.

95Amendment of school council’s constitution

(1)A school council for a State school may prepare and adopt an amendment of its constitution.
(2)In preparing a proposed amendment, the council must have regard to the model constitutions.
(3)An amendment has no effect unless it is approved by the chief executive.
(4)The chief executive must not approve an amendment unless the chief executive is satisfied—
(a)notice of the proposed amendment was given, at least 30 days before the council meeting that considered the amendment, to the following—
(i)the council members;
(ii)if there is an association formed for the school—the association;
(iii)the school’s staff (including, for example, by displaying the proposed amendment in a staff room);
(iv)the school’s students (including, for example, by publishing the proposed amendment in the school’s newsletter); and
(b)the amendment was adopted by at least the number of members constituting a quorum for the council; and
(c)the amended constitution is consistent with this Act and otherwise lawful.
(5)In deciding whether to approve an amendment, the chief executive must also have regard to the following matters about the amended constitution—
(a)whether it provides for a membership that—
(i)allows adequate representation by parents, staff, students and other members of the school community; and
(ii)takes into account the demographics of the school community;
(b)whether it provides for the council to perform its functions in an effective and fair way;
(c)whether its provisions are otherwise adequate, clear and appropriate.

96Model constitutions for school councils

The chief executive may prepare model constitutions for school councils (the model constitutions).

Part 6 Council business

97Conduct of business

(1)Subject to its constitution and this part, a school council may conduct its business, including its meetings, in the way it considers appropriate.
(2)However, a school council may only make decisions about how it will carry out its functions if it does so at a council meeting at which a quorum for the council is present.

98Time and place of meetings

(1)School council meetings must be held at the times and places the council decides.
(2)However, a school council’s chairperson—
(a)may call a meeting at any time; and
(b)must call a meeting if asked, in writing, to do so by the Minister, the chief executive or at least the number of its members required to form a quorum for the council.
(3)A school council must meet at least twice in each semester.

99Quorum

A quorum for a school council is the number equal to two-thirds of the number of its members or, if two-thirds is not a whole number, the next highest whole number.

100Presiding at meetings

(1)The school council’s chairperson must preside at all council meetings at which the chairperson is present.
(2)If the chairperson is absent from a council meeting, another council member chosen by the council members present must preside.

101Conduct of meetings

(1)A question at a school council meeting, other than a question about an amendment of the council’s constitution, must be decided by a majority of the votes of the council members present.
(2)Each member present at a council meeting has a vote on each question to be decided and, if the votes are equal, the member presiding has a casting vote.
(3)A member present at a council meeting who abstains from voting is taken to have voted for the negative.
(4)A school council may hold meetings, or allow its members to take part in its meetings, by telephone, video link or another form of communication that allows reasonably contemporaneous and continuous communication between the members taking part in the meeting.
(5)A school council member who takes part in a council meeting under subsection (4) is taken to be present at the meeting.

102Attendance by proxy

(1)A member of a school council for a State school may not attend a meeting of the council by proxy.
(2)However, the school’s principal may attend up to 2 meetings in each year by proxy.
(3)In this section—
proxy does not include an alternative association member for the president of an association formed for the school.

103Disclosure of interest

(1)This section applies to a member of a school council (the interested member) if—
(a)the interested member has a direct or indirect financial interest in an issue being considered, or about to be considered, by the council; and
(b)the interest could conflict with the proper performance of the interested member’s duties when considering the issue.
(2)As soon as practicable after the relevant facts come to the interested member’s knowledge, the interested member must disclose the nature of the interest to a meeting of the council.
(3)Unless the council otherwise directs, the interested member must not—
(a)be present when the council considers the issue; or
(b)take part in a decision of the council about the issue.
(4)The interested member must not be present when the council is considering whether to give a direction under subsection (3).
(5)If there is another member who must, under subsection (2), also disclose an interest in the issue, the other member must not—
(a)be present when the council is considering whether to give a direction under subsection (3); or
(b)take part in making the decision about giving the direction.
(6)If—
(a)because of this section, a member is not present at a council meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3); and
(b)there would be a quorum for the council if the member were present;
the remaining members present are a quorum for the council for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.
(7)A disclosure under subsection (2) must be recorded in the council’s minutes.

Part 7 Application of other laws

104Criminal Law (Rehabilitation of Offenders) Act 1986

(1)For the application of the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 9A, to the office of an elected member, or appointed member, of a school council, a person is taken to apply for the office if the person—
(a)consents to be appointed as an appointed member (whether or not the council has decided to appoint the person); or
(b)stands for election as an elected member.
(2)This section does not apply to an elected student member of the council.

105Public Records Act 2002

A school council is a public authority under the Public Records Act 2002 .

107Public Sector Ethics Act 1994

(1)This section is about the application of the Public Sector Ethics Act 1994 (the Act) to a school council.
(2)For the application of the Act
(a)a school council is a public sector entity; and
(b)a member of the council is a public official of the entity; and
(c)the chief executive is the chief executive officer of the entity.
(3)For section 15 of the Act , the chief executive must ensure a code of conduct is prepared that, after approval under section 17 of the Act , applies to a school council.
(4)For section 23 of the Act , a reference to the entity’s annual report is a reference to the department’s annual report.

s 107 amd 2010 No. 37s 177 sch

Part 8 Starting up

108Purpose and application

(1)This part is about the establishment and initial operation of a school council.
(2)If there is an inconsistency between this part and another provision of this chapter, this part prevails to the extent of the inconsistency.

109Initial constitution

(1)A State school’s principal must prepare a draft constitution for a proposed school council for the school.
(2)Section 95 (1) to (3) and (5) apply to the preparation as if a reference to a school council amending its constitution were a reference to the school’s principal preparing the proposed council’s draft constitution.
(3)In preparing the draft constitution, the principal—
(a)must consult with—
(i)the parents of children attending the school; and
(ii)the school’s staff and students; and
(b)may consult with other appropriate entities.
(4)If there is an association formed for the school, the president of the association must, under the association’s constitution, call a special meeting of the association (the association meeting) for approving the draft constitution.
(5)The principal must call the following meetings for approving the draft constitution—
(a)if there is no association formed for the school—a meeting of the parents of children attending the school (the parent meeting);
(b)a meeting of the school’s staff (the staff meeting).
(6)The chief executive may not establish a school council for the school unless the association meeting or parent meeting, and the staff meeting, are called and the draft constitution is approved as follows—
(a)if there is an association formed for the school—by secret ballot by a majority of the association’s members attending the association meeting;
(b)if there is no association formed for the school—by secret ballot by a majority of the parents attending the parent meeting;
(c)by secret ballot by a majority of the staff attending the staff meeting.
(7)However, the chief executive may establish a school council for the school, even though the draft constitution is not approved under subsection (6), if the chief executive—
(a)is satisfied of each of the following—
(i)if there is an association formed for the school and the association did not approve the draft constitution under subsection (6)—there were at least 3 association meetings held to discuss the draft constitution during a 3-month period;
(ii)if there is no association formed for the school and the parents of children attending the school did not approve the draft constitution under subsection (6)—there were at least 3 parent meetings held to discuss the draft constitution during a 3-month period;
(iii)if the school’s staff did not approve the draft constitution under subsection (6)—there were at least 3 staff meetings held to discuss the draft constitution during a 3-month period; and
(b)has had regard to the concerns of the association, parents or staff raised at the meetings at which the draft constitution was not approved.
(8)The approved constitution applies to the council on its establishment.

110Initial membership

(1)On its establishment, a school council consists only of its official members.
(2)However, a school council consisting only of its official members may only perform the functions necessary for the election of the council’s elected members.

111First elected members and appointed members

(1)As soon as practicable after a school council is established, its official members must, under the council’s constitution, organise the election of the council’s elected members.
(2)After the election, the council, as constituted by its official members and elected members, may appoint the council’s appointed members.

Part 9 Dissolution

112Dissolution of a school council

(1)A school council is dissolved—
(a)if the school for which it was established is closed; or
(b)in other circumstances prescribed under a regulation.
(2)On dissolution, the members of the council immediately before the dissolution go out of office.

113Records

(1)As soon as practicable after the dissolution of a school council for a State school, the school’s principal must ensure the council’s records are given to the chief executive.
(2)In this section—
records, of the council, includes all documents held by the council that it has created or acquired in the course of performing its functions.

Part 10 Miscellaneous

114School council not to establish committee or subcommittee

A school council must not establish a committee or subcommittee.

115Expense of attending meetings

The chief executive may—
(a)decide the allowance payable to compensate a member of a school council in attending a meeting of the council, the amount of which is dependent on the class of membership of the council; or
(b)reimburse a member of a school council the whole or part of the reasonable expenses incurred by the member in attending a meeting of the council.

116Minister’s power to give directions in the public interest

(1)The Minister may give a school council a written direction about a matter relevant to the performance of its functions under section 81 if the Minister is satisfied it is necessary to give the direction in the public interest.
(2)Without limiting subsection (1), a direction may require the council to comply with—
(a)a policy, standard or other instrument of a public sector unit; or
(b)another document, including, for example, another policy, standard or instrument.
(3)The council must comply with the direction.
(4)A direction to a school council must be addressed to its chairperson and may be sent by post, facsimile or similar facility to the school.
(5)The Minister must give a copy of each direction, given under this section, to the chief executive.
(6)The department’s annual report for a year must include copies of all directions given under this section during the year.

117Protection from liability

(1)A member of a school council does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.
(2)If subsection (1) prevents a civil liability attaching to a member of a school council, the liability attaches instead to the State.
(3)This section does not apply to a member of a school council if the member is a State employee within the meaning of the Public Service Act 2008 , section 26B(4).

Note—

For protection from civil liability in relation to State employees—see the Public Service Act 2008 , section 26C.

s 117 amd 2014 No. 62s 35

Chapter 7 Parents and citizens associations

Part 1 Formation, objectives etc. of an association

118Formation of parents and citizens association

(1)A parents and citizens association may be formed for a State instructional institution in the way prescribed under a regulation.
(2)The following persons are eligible to be members of a parents and citizens association formed for a State school—
(a)a parent of a child attending the school;
(b)a staff member of the school;
(c)an adult, other than a person mentioned in paragraph (a) or (b), who is interested in the school’s welfare.
(3)The following persons are eligible to be members of a parents and citizens association formed for an educational institution established under section 14
(a)a staff member of the institution;
(b)an adult, other than a person mentioned in paragraph (a), who is interested in the institution’s welfare.
(4)A State instructional institution’s principal is a member of a parents and citizens association formed for the institution.

119Formation of interim parents and citizens association

(1)An interim parents and citizens association may be formed for a proposed State instructional institution, in the way prescribed under a regulation, within 2 years before the institution’s proposed first day of operation.
(2)An adult interested in the welfare of a proposed State instructional institution is eligible to be a member of an interim parents and citizens association formed for the proposed State instructional institution.
(3)An interim parents and citizens association formed for a proposed State instructional institution is taken to be a parents and citizens association formed for the institution from the start of operation of the institution.

120Objectives of an association

The objectives of an association are to promote the interests of, and facilitate the development and further improvement of, the State instructional institution, or proposed State instructional institution, for which it is formed.

121Functions of an association

(1)An association has the following functions—
(a)fostering community interest in educational matters;
(b)trying to bring about closer cooperation between—
(i)for an association formed for a State school—the parents of children attending the school and other members of the community, staff members of the school and students of the school; or
(ii)for an association formed for an educational institution established under section 14 —members of the community and staff members of the institution;
(c)if asked by the principal of the State instructional institution for which it is formed or of its own volition—giving advice and recommendations to the principal about issues relating to persons who receive educational instruction at the institution;
(d)if asked by the principal of the State instructional institution for which it is formed or of its own volition—giving advice and recommendations to the principal about the general operations and management of the institution;
(e)giving, or assisting in the giving of, financial or other resources or services for the benefit of persons who receive educational instruction at the State instructional institution for which it is formed;
(f)performing any other functions, not inconsistent with this Act, as the Minister decides.
(2)In the performance of its functions, an association must comply with this Act and any written directions the Minister may give the association about—
(a)complying with departmental policies that apply to associations; or
(b)a matter relevant to the performance of its functions.

s 121 amd 2006 No. 39s 512(2)sch 2

122Dissolution of an association

An association is dissolved—
(a)if the State instructional institution for which it was formed is closed; or
(b)if the number of members of the association is 2 or less; or
(c)in other circumstances prescribed under a regulation.

Part 2 Officers of an association

123Officers

(1)An association must at each annual general meeting of the association elect from its members, as prescribed under a regulation, the following officers—
(a)a president;
(b)at least 1 vice-president;
(c)a secretary;
(d)a treasurer;
(e)any additional officers, as decided by the association.
(2)The officers hold office in an honorary capacity.
(3)The office of treasurer of the association must not be held by the person who is the president or secretary of the association.
(4)The principal of the State instructional institution for which the association is formed may not be an office holder of the association.

124Vacation of office

(1)The office of an officer of an association becomes vacant if the officer—
(a)dies; or
(b)resigns his or her office by signed notice given to—
(i)for the president—a vice-president, or the secretary or treasurer, of the association; or
(ii)for another officer—the president of the association; or
(c)is absent from 3 consecutive meetings of the association, of which the member has been given notice under the association’s constitution, without the association’s leave and without reasonable excuse.
(2)A notice of resignation mentioned in subsection (1)(b) takes effect when the notice is given under that paragraph or, if a later time is stated in the notice, the later time.
(3)In this section—
meeting, of the association, means—
(a)if the relevant officer does not attend—a meeting of the association with a quorum for the association present; or
(b)if the relevant officer attends—a meeting of the association with or without a quorum for the association present.

Part 3 Executive committee of an association

125Executive committee

(1)There is an executive committee of an association.
(2)The executive committee consists of the following persons—
(a)the president of the association;
(b)the vice-president, or vice-presidents, of the association;
(c)the secretary of the association;
(d)the treasurer of the association.

126Restriction on who may be a member of executive committee

(1)Subsection (2) applies only at the time of election of the office holders of an association under section 123 .
(2)The number of relevant staff members of the State instructional institution for which the association is formed who may be members of the executive committee of the association must not be more than one-third of the number of members of the executive committee.
(3)Subsection (2) does not apply to the association if—
(a)the chief executive reasonably believes that compliance with the requirement mentioned in that subsection will prevent all the positions of the executive committee being filled; and
(b)the chief executive notifies the association that it is not required to comply with that subsection.
(4)In this section—
relevant staff member means—
(a)for a State school—a staff member of the school who is not a parent of a child attending the school; or
(b)for an educational institution established under section 14 —a staff member of the institution.

127Urgent matters

(1)For urgent matters only relating to the performance of the functions of an association, the executive committee of the association may take any necessary action.
(2)Despite the quorum for the association and section 129 (1), the action may be taken by a majority vote of the executive committee.
(3)However, the executive committee may not remove a person as a member or officer of the association.
(4)If the executive committee acts under subsection (1), details of the action must be tabled at the next scheduled general meeting of the association or at a special meeting called for that purpose.
(5)Failure by the executive committee to comply with subsection (4) does not affect the validity of the action.

Part 4 Business of an association

128Presiding at meetings

(1)The president of an association must preside at all association meetings at which the president is present.
(2)If the president is absent from an association meeting, but a vice-president of the association is present, a vice-president nominated and confirmed by majority vote at the meeting must preside.
(3)If neither the president or a vice-president is present at an association meeting or the offices are vacant, an association member chosen by the members present must preside.

129Voting

(1)A question at an association meeting is decided by a majority of the votes of the members present.
(2)Each member present at an association meeting has a vote on each question to be decided, and if the votes on a question are equal, the person presiding at the meeting also has a casting vote.

Part 5 Subcommittees of an association

130Subcommittees

(1)An association may establish, and appoint the members of, subcommittees, as prescribed under a regulation.
(2)Subcommittee meetings of an association must be called and conducted—
(a)in the way prescribed under a regulation; and
(b)subject to a regulation made under paragraph (a), in the way the association considers appropriate.

s 130 amd 2006 No. 39s 512(2)sch 2

Part 6 Constitution of an association

131Constitution

(1)An association must have a constitution.
(2)An association must adopt, or amend, its constitution in the way prescribed under a regulation.
(3)An association’s constitution, or amendment of the constitution, has no effect unless it is approved by the chief executive.

Part 7 Financial provisions

132Use of money received by association

Subject to section 137 (4), any money received by an association must be applied by the association, at the direction of the Minister, to the following purposes—
(a)firstly, in paying expenses lawfully incurred by the association;
(b)secondly, in achieving the objectives, and performing the functions, of an association.

133Association is statutory body under the Statutory Bodies Financial Arrangements Act 1982

(1)An association is a statutory body under the Statutory Bodies Financial Arrangements Act 1982 .
(2)The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which an association’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .

134Financial year

An association must have a financial year starting on 1 January in a year and ending on 31 December in the year.

135Audit of accounts

(1)Subject to the Auditor-General Act 2009 , the accounts of an association for each financial year must be audited as prescribed under a regulation.
(2)An association must, by 31 May of the following year, give the chief executive a copy of its audited accounts for a financial year.

s 135 amd 2009 No. 9s 136sch 1

Part 8 Relevant agreements

136Definition for pt 8

In this part—
relevant agreement, for an association, means an agreement benefiting persons who receive educational instruction at the State instructional institution for which the association is formed.

137Power to enter into relevant agreements

(1)Despite this Act or another Act, the Minister and an association, acting jointly or severally, may enter into a relevant agreement with any person.
(2)If an association alone proposes to enter into a relevant agreement, before entering into the agreement, it must obtain the written approval of the Minister authorising it to enter into the agreement.
(3)An approval under subsection (2) may be given—
(a)generally for a type of agreement; or
(b)for a particular agreement.
(4)An association must deal with any money it receives under a relevant agreement—
(a)as the Minister directs; or
(b)otherwise—as the association believes appropriate, consistent with the objectives of an association.
(5)A relevant agreement entered into by an association must contain any conditions required by the Minister by notice—
(a)given to the association; or
(b)published in the gazette.
(6)The conditions may relate to a stated relevant agreement or relevant agreements of a stated type.

138President to sign relevant agreement for an association

If an association makes a resolution to enter into a relevant agreement, the association’s president may sign the agreement for the association.

Part 9 General provisions

139Regulation may provide for membership

(1)A regulation may make provision about the way in which a person becomes a member of an association.
(2)Subsection (1) is subject to section 118 .
(3)However, a person’s membership of an association is renewable each year at the annual general meeting of the association.
(4)A person who is refused membership of an association may make a submission to the Minister about the refusal, and apply, as provided under the QCAT Act, to QCAT for a review of the decision to refuse membership, as if the person had been a member of the association and been removed from the association.

s 139 amd 2009 No. 24s 130

140Register of members

An association must establish and maintain a register of members of the association in the way prescribed under a regulation.

141Protection from liability

(1)A member of an association does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.
(2)If subsection (1) prevents a civil liability attaching to a member of an association, the liability attaches instead to the State.
(3)This section does not apply to a member of an association if the member is a State employee within the meaning of the Public Service Act 2008 , section 26B(4).

Note—

For protection from civil liability in relation to State employees—see the Public Service Act 2008 , section 26C.

s 141 amd 2014 No. 62s 36

142Association may employ

An association may employ the persons it considers necessary to achieve the objectives of an association.

143Mandatory insurance cover

An association must purchase and maintain the insurance cover required by the chief executive by notice published from time-to-time in the gazette.

144Proceedings

(1)A proceeding may be started, and conducted, in the name of an association by—
(a)the association’s president; or
(b)another member of the association appointed in writing for this subsection by the president.
(2)However, the Minister’s approval must be obtained before starting the proceeding.
(3)A proceeding may be started, and conducted, against an association in its name.
(4)A document starting proceedings against an association under subsection (3), and any other document relevant to the proceedings, must be served on a member of the association’s executive committee.
(5)As soon as practicable after being served with a document under subsection (4), the person served with the document must give the chief executive a copy of the document.
(6)The Minister may give an association a written direction about a proceeding started by or against the association under this section.
(7)The association must comply with the direction.

145Notice of claim given under Personal Injuries Proceedings Act 2002, s 9 (1)

(1)A notice of a claim required to be given to an association under the PIP Act, section 9 (1) must be given to a member of the association’s executive committee.
(2)As soon as practicable after receiving a notice of a claim under subsection (1), the person who receives the notice must give the chief executive a copy of the notice.
(3)The Minister may give an association a written direction about a notice of a claim given to the association under the PIP Act, section 9 (1).
(4)The association must comply with the direction.
(5)In this section—
claim see the PIP Act, schedule.
PIP Act means the Personal Injuries Proceedings Act 2002 .

146Authority of an association

(1)Subsection (2) applies to a State instructional institution for which an association is formed.
(2)Without derogating from the authority of the institution’s principal in the principal’s capacity as the person in charge of the institution, the association may exercise the authority in relation to the institution that is consistent with the functions of an association.
(3)An association must not exercise any authority over the teaching staff, or over the control or management, of the State instructional institution for which the association is formed.

147Disclosure of interests by members of an association

(1)This section applies to a member of a relevant entity (the interested member) if—
(a)the interested member has a direct or indirect financial interest in an issue being considered, or about to be considered, by the entity; and
(b)the interest could conflict with the proper performance of the interested member’s duties in relation to the consideration of the issue.
(2)As soon as practicable after the relevant facts come to the interested member’s knowledge, the interested member must disclose the nature of the interest to a meeting of the entity.
(3)Unless the entity otherwise directs, the interested member must not—
(a)be present when the entity considers the issue; or
(b)take part in a decision of the entity about the issue.
(4)The interested member must not be present when the entity is considering whether to give a direction under subsection (3).
(5)If there is another member of the entity who must, under subsection (2), also disclose an interest in the issue, the other member must not—
(a)be present when the entity is considering whether to give a direction under subsection (3); or
(b)take part in making the decision about giving the direction.
(6)If—
(a)because of this section, a member of the entity is not present at an entity meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3); and
(b)there would be a quorum for the entity if the member were present;
the remaining members present are a quorum for the entity for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.
(7)A disclosure under subsection (2) must be recorded in the entity’s minutes.
(8)In this section—
relevant entity means—
(a)an association; or
(b)the executive committee, or a subcommittee, of an association.

148Honorary life membership of an association

(1)An association, other than an interim parents and citizens association, may decide to award honorary life membership of the association to a person who is or was a member of the association.
(2)The only basis for the award may be that the person has given long and meritorious service to the association.
(3)The decision must be made by a two-third majority vote of the members present at an annual general meeting of the association.
(4)A person who is the subject of a proposed resolution to award the person honorary life membership of an association must not—
(a)be present during discussions about the proposal, or voting on it, at a meeting of the association; and
(b)if the person is a member of the association—exercise the member’s right to vote on the proposal, despite section 129 (2).

Part 10 Removal of members and officers of an association

149Definitions for pt 10

In this part—
nominated person, for an association, means a person who is a member, or a member and officer, of the association.
notice of removal means a notice, under section 152 (3), from an association to a nominated person for the association removing the nominated person.
remove, a nominated person for an association, means—
(a)if the person is a member only of the association—remove the person as a member of the association; or
(b)if the person is a member of the association and one of its officers—remove the person as a member and officer of the association, or as an officer of the association only.
removed person see section 153 (1).

150Removal of nominated person

An association may remove a nominated person for the association only under this part.

151Grounds for removal

Each of the following is a ground for removing a nominated person for an association—
(a)the nominated person is convicted of an indictable offence;
(b)the nominated person, without reasonable excuse, contravenes this Act or the association’s constitution;
(c)for a nominated person who is an officer of the association—the nominated person, without reasonable excuse, fails to perform the duties of the office held in a competent manner;
(d)the nominated person engages in other conduct that is injurious or prejudicial to—
(i)the promotion of the interests of, or the facilitating of the development and further improvement of, the State instructional institution, or proposed State instructional institution, for which the association is formed; or
(ii)the good order and management of the State instructional institution, or proposed State instructional institution, for which the association is formed.

152Procedure for removal of nominated person

(1)If an association considers a ground exists to remove a nominated person for the association, the association must give the nominated person a notice stating the following—
(a)the action (the proposed action) the association proposes taking under this part;
(b)the grounds for the proposed action;
(c)an outline of the facts and circumstances forming the basis for the grounds;
(d)an invitation to the nominated person to show, within a stated time of at least 14 days, why the proposed action should not be taken.
(2)If, after considering all written representations made within the stated time, the association still considers a ground to take the proposed action exists, the association may—
(a)if the proposed action was to remove the nominated person as a member only—remove the nominated person as a member; or
(b)if the proposed action was to remove the nominated person as an officer only—remove the nominated person as an officer; or
(c)if the proposed action was to remove the nominated person as both a member and an officer—remove the nominated person as both a member and an officer, or as an officer only.
(3)The association must notify the nominated person of the decision.
(4)The notice must be given within 14 days after the association makes its decision.
(5)If the association decides to remove the nominated person, the notice must state—
(a)the reasons for the decision; and
(b)the day, under subsection (6), on which the decision takes effect; and
(c)that the person may make a submission to the Minister against the decision; and
(d)the name and address of the Minister; and
(e)the way in which the submission may be made.
(6)The decision takes effect on the later of the following—
(a)the day the notice is given to the nominated person;
(b)the day of effect stated in the notice.
(7)However, if the nominated person is removed from office because of the conviction of the person for an indictable offence—
(a)the removal does not take effect until—
(i)the end of the time to appeal against the conviction; and
(ii)if an appeal is made against the conviction—the appeal is finally decided; and
(b)the removal has no effect if the conviction is quashed on appeal.

153Submissions against removal

(1)A nominated person for an association (the removed person) removed by the association under section 152 may make a submission against the removal to the Minister.
(2)The submission must—
(a)be in writing; and
(b)include an address in Australia to which notices for the removed person may be sent; and
(c)state fully the grounds for the submission and the facts relied on; and
(d)include a copy of the notice of removal given to the person.
(3)The submission must be given to the Minister—
(a)within 14 days of the notice of removal being given to the removed person; or
(b)if the Minister allows a later time for giving the submission—the later time.
(4)However, if the removed person resigns or purports to resign from the association as a member or officer after receipt of the notice of removal, the removed person may not make a submission under subsection (1).

154Dealing with submissions against removal

(1)If a submission is made by a removed person under section 153 , the Minister must, as soon as practicable, consider the decision the subject of the submission (the removal decision) and the submission.
(2)After reviewing the removal decision, the Minister must make a further decision (the review decision) to—
(a)confirm the removal decision; or
(b)amend the removal decision; or
(c)substitute another decision for the removal decision.
(3)The Minister must, as soon as practicable, give a notice complying with the QCAT Act, section 157 (2).

Note—

See chapter 15, part 4 for review of the decision by QCAT.

s 154 amd 2009 No. 24s 131; 2014 No. 62s 37

Chapter 8 Enrolment at State schools

Part 1 Applications for enrolment

Division 1 Requirements for enrolment

155Application

(1)An application for the enrolment of a person (the prospective student) at a State school must—
(a)be made to the school’s principal; and
(b)be made in the approved form; and
(c)be accompanied by—
(i)satisfactory evidence that the applicant is eligible to apply for the enrolment; and
(ii)any other documents, identified in the form, the principal reasonably requires to decide the application.
(2)The application may only be made by—
(a)if the prospective student is a child—a parent of the child; or
(b)if the prospective student is an adult—the prospective student.
(3)Despite subsection (2)(a), if the prospective student is a child, the principal may deal with an application for enrolment at the school made by the child if the principal reasonably believes it is in the child’s best interests for the child to make the application.
(4)An application for enrolment as a mature age student of a mature age State school must also comply with section 155B .

s 155 amd 2014 No. 62s 68

155AEligibility to apply for enrolment—adults

(1)An adult, other than a student visa holder, is only eligible to apply for enrolment—
(a)at a mature age State school; or
(b)as a student in a program of distance education.
(2)Despite subsection (1), an adult may apply for enrolment at a State school if—
(a)the adult has previously been enrolled at a non-State school or State educational institution (the previous school or institution) and on the day of enrolment at the previous school or institution was a child; and
(b)the adult’s proposed first day of attendance at the State school is not more than 12 months after the day the adult last attended the previous school or institution.

s 155A ins 2014 No. 62s 69

155BAdditional requirements for application for enrolment as mature age student

(1)An application for the enrolment of a person as a mature age student of a mature age State school must—
(a)include the applicant’s consent for the school’s principal to obtain the applicant’s criminal history under chapter 8A; and
(b)be accompanied by the fee prescribed by regulation.
(2)The applicant may give the principal notice of the withdrawal of the application at any time before it is decided.
(3)On receiving the application, the principal may ask the applicant, orally or in writing, for further information the principal reasonably needs to establish the applicant’s identity.
(4)The applicant is taken to have withdrawn the application if—
(a)the principal gives the applicant a notice—
(i)asking the applicant to provide, within a reasonable stated time, stated information the principal reasonably needs to establish the applicant’s identity; and
(ii)stating that, if the applicant does not comply with the request, the applicant’s application will be taken to have been withdrawn; and
(b)the applicant does not comply with the request within the stated time; and
(c)the principal can not establish with certainty the applicant’s identity; and
(d)the principal gives the applicant a notice stating that the applicant is taken to have withdrawn the application.

s 155B ins 2014 No. 62s 69

156Enrolment

(1)Subject to subsections (1A), (2) and (3), the principal must enrol the prospective student at the school if the prospective student is entitled under this Act to be enrolled at the school.
(1A)The principal must not enrol a child in year 1 of schooling at the school unless satisfied the child—
(a)has undertaken a preparatory year at a State school or non-State school; or
(b)has undertaken education in another State or country that is equivalent to the preparatory year; or
(c)was registered, or provisionally registered, for home education in the year before the proposed year of the child’s enrolment in year 1 of schooling at the school; or
(d)is otherwise ready to be enrolled in year 1 of schooling at the school, considering the child’s attributes.
(2)If the principal reasonably believes the prospective student would, if enrolled at the school, pose an unacceptable risk to the safety or wellbeing of members of the school community, the principal must refer the application to the chief executive to be dealt with under division 2.
(2A)If the prospective student applied for enrolment as a mature age student of a mature age State school, the school’s principal must, as part of the principal’s consideration of unacceptable risk under subsection (2), consider the following for each conviction or charge of the student for an offence mentioned in the written report about the student’s criminal history obtained under chapter 8A—
(a)whether the offence is a serious offence;
(b)when the offence was committed or is alleged to have been committed;
(c)the nature of the offence and its relevance to the prospective student being a mature age student of the school;
(d)for a conviction—whether a penalty was imposed, and the nature of the penalty.
(3)If the school is a special school, the principal must refer the application to the chief executive to be dealt with under division 3.

s 156 amd 2014 No. 62s 70; 2016 No. 46 s 8

Division 2 Applications relating to prospective students who are a risk to the safety or wellbeing of certain persons

157Application of div 2

This division applies if a State school’s principal, under section 156 (2), refers an application for enrolment of a prospective student at the school to the chief executive.

158Not a risk to safety or wellbeing

(1)Subsection (2) applies if the chief executive does not reasonably believe the prospective student would, if enrolled at the school, pose an unacceptable risk to the safety or wellbeing of members of the school community.
(2)The chief executive must, as soon as practicable, refer the application back to the principal to be dealt with under section 156 .
(3)If the application is referred back to the principal under subsection (2), section 156 (2) does not apply to the application.

159Risk to safety or wellbeing

(1)If the chief executive reasonably believes the prospective student would, if enrolled at the school, pose an unacceptable risk to the safety or wellbeing of members of the school community, the chief executive must give the applicant a notice (a show cause notice) stating the following—
(a)that the chief executive proposes to decide to refuse enrolment of the prospective student at the school (the proposed action);
(b)the grounds for the proposed action;
(c)an outline of the facts and circumstances forming the basis for the grounds;
(d)an invitation to the applicant to show within a stated period (the show cause period) why the proposed action should not be taken.
(2)The show cause period must be a period ending at least 14 days after the show cause notice is given to the applicant.

160Representations about show cause notice

(1)The applicant may make written representations about the show cause notice to the chief executive in the show cause period.
(2)The chief executive must consider all written representations (the accepted representations) made under subsection (1).

161Ending show cause process without further action

(1)If, after considering any accepted representations for the show cause notice, the chief executive does not reasonably believe the prospective student would, if enrolled at the school, pose an unacceptable risk to the safety or wellbeing of members of the school community, the chief executive—
(a)must not take further action about the show cause notice; and
(b)must, as soon as practicable, give notice to the applicant that no further action is to be taken about the show cause notice; and
(c)must, as soon as practicable, refer the application back to the principal to be dealt with under section 156 .
(2)If the application is referred back to the principal under subsection (1)(c), section 156 (2) does not apply to the application.

162Refusal of enrolment

(1)This section applies if, after considering any accepted representations for the show cause notice, the chief executive reasonably believes the prospective student would, if enrolled at the school, pose an unacceptable risk to the safety or wellbeing of members of the school community.
(2)This section also applies if there are no accepted representations for the show cause notice.
(3)The chief executive must decide to refuse enrolment of the prospective student at the school.
(4)The chief executive must as soon as practicable—
(a)give an information notice about the decision to the applicant; and
(b)give the principal notice of the decision.
(5)If the chief executive decides to refuse enrolment of the prospective student at the school under this section, the decision is binding on the principal.

163Time limit on making another application for enrolment

If the applicant is given an information notice under section 162 (4), a later application for enrolment of the prospective student at the school may not be made within 1 year after the giving of the information notice.

Division 3 Enrolment at special schools

164Application of div 3

This division applies if a special school’s principal, under section 156 (3), refers an application for enrolment of a prospective student at the school to the chief executive.

165Definition for div 3

(1)For this division, a person with a disability is a person who is decided, under a policy approved under subsection (2), to be unlikely to attain the levels of development of which the person is capable unless the person receives special education.
(2)The Minister must approve a policy about the criteria to be considered in deciding whether a person is a person with a disability.
(3)The chief executive must keep a copy of a policy approved under subsection (2) available for inspection and permit a person—
(a)to inspect the policy without fee; and
(b)to take extracts from the policy without fee.
(4)For subsection (3)—
(a)a copy of the policy—
(i)must be kept at the head office of the department; and
(ii)may be kept at any other place the chief executive considers appropriate; and
(b)the copy kept under paragraph (a) must be available for inspection during office hours on business days for the office or place.
(5)Also, the chief executive must supply a copy of a policy approved under subsection (2), or a part of the policy, to a person on request, without fee.
(6)In addition, the chief executive must keep a copy of a policy approved under subsection (2) posted on the department’s website on the internet.

s 165 amd 2014 No. 62s 38

166Requirements for enrolment satisfied

(1)Subsection (2) applies if the chief executive is satisfied—
(a)the prospective student is a person with a disability; and
(b)the special school is able to cater for the educational needs of the prospective student.
(2)The chief executive must, as soon as practicable, refer the application back to the principal to be dealt with under section 156 .
(3)If the application is referred back to the principal under subsection (2), section 156 (3) does not apply to the application.

167Requirements for enrolment not satisfied

(1)This section applies if the chief executive is not satisfied—
(a)the prospective student is a person with a disability; and
(b)the special school is able to cater for the educational needs of the prospective student.
(2)The chief executive must decide to refuse enrolment of the prospective student at the school.
(3)The chief executive must, as soon as practicable—
(a)give an information notice about the decision to the applicant; and
(b)give the principal notice of the decision.
(4)If the chief executive decides to refuse enrolment of the prospective student at the school under this section, the decision is binding on the principal.

Part 2 Enrolment agreements

168Requirements relating to enrolment agreements

(1)A State school’s principal must ensure an up-to-date enrolment agreement applies to the school.
(2)The principal must, before enrolling a prospective student at the school, give a copy of the enrolment agreement to—
(a)if the prospective student is a child—a parent of the prospective student; or
(b)if the prospective student is an adult—the prospective student.
(3)Also, the principal must try to—
(a)have a person who receives a copy of the enrolment agreement under subsection (2) sign the enrolment agreement and return it to the principal; or
(b)obtain a written acknowledgement by a person who receives a copy of the enrolment agreement under subsection (2) that the person received a copy of the enrolment agreement.
(4)Subsection (2)(a) does not apply if the principal is satisfied it would be inappropriate in the circumstances to give a copy of the enrolment agreement to a parent of the prospective student.

Example—

It may be inappropriate to give a copy of the enrolment agreement to a parent of the prospective student if the prospective student is living independently of his or her parents.
(5)If subsection (4) applies, the principal must, before enrolling the prospective student at the school, give a copy of the enrolment agreement to the prospective student.
(6)In this section—
enrolment agreement means a document that states the respective rights and obligations, about the education of persons at a State school, of—
(a)persons enrolled at the school; and
(b)the parents of children enrolled at the school; and
(c)the staff of the school.

Part 3 Enrolment management plans

169Definitions for pt 3

In this part—
catchment area, for a State school, means the geographical area decided by the chief executive from which the school is to have its principal intake of students.
effective enrolment management plan, for a State school, means an enrolment management plan that has effect for the school under section 170 .
enrolment management plan, for a State school, means a document stating—
(a)the school’s catchment area; and
(b)the school’s enrolment capacity for persons whose principal place of residence is outside the catchment area; and
(c)the requirements for enrolment at the school to be satisfied by a person whose principal place of residence is outside the catchment area.

170Preparation of enrolment management plan

(1)The chief executive may prepare an enrolment management plan for a State school.
(2)As soon as practicable after preparing an enrolment management plan for a State school, the chief executive must publish a notice in the gazette stating that—
(a)the enrolment management plan has been prepared; and
(b)a copy of the enrolment management plan is available for public inspection, without charge—
(i)during normal business hours at the department’s head office; and
(ii)on the department’s stated website on the internet.
(3)An enrolment management plan, prepared under subsection (1), has effect on and from—
(a)the day a notice about the enrolment management plan is published under subsection (2); or
(b)a later day stated in the notice.

171Applicant for enrolment—residing in catchment area

(1)This section applies if—
(a)a State school’s principal receives an application, under section 155 , for the enrolment of a person at the school; and
(b)there is an effective enrolment management plan for the school; and
(c)the person’s principal place of residence is in the school’s catchment area stated in the effective enrolment management plan.
(2)Subject to this Act, the person is entitled to be enrolled at the school.

172Applicant for enrolment—residing outside catchment area

(1)This section applies if—
(a)a State school’s principal receives an application, under section 155 , for the enrolment of a person at the school; and
(b)there is an effective enrolment management plan for the school; and
(c)the person’s principal place of residence is outside the school’s catchment area stated in the effective enrolment management plan; and
(d)the school’s enrolment capacity for persons whose principal place of residence is outside the catchment area, stated in the effective enrolment management plan, is not satisfied.
(2)Subject to this Act, the person is entitled to be enrolled at the school if the person satisfies the requirements for enrolment stated in the effective enrolment management plan.

Part 4 Enrolment eligibility plans

173Definitions for pt 4

In this part—
effective enrolment eligibility plan, for a State school, means an enrolment eligibility plan that has effect for the school under section 174 .
enrolment eligibility plan, for a State school, means a document stating—
(a)the school’s enrolment capacity; and
(b)the requirements for enrolment at the school.

174Preparation of enrolment eligibility plan

(1)The chief executive may prepare an enrolment eligibility plan for a State school.
(2)As soon as practicable after preparing an enrolment eligibility plan for a State school, the chief executive must publish a notice in the gazette stating that—
(a)the enrolment eligibility plan has been prepared; and
(b)a copy of the enrolment eligibility plan is available for public inspection, without charge—
(i)during normal business hours at the department’s head office; and
(ii)on the department’s stated website on the internet.
(3)An enrolment eligibility plan, prepared under subsection (1), has effect on and from—
(a)the day a notice about the enrolment eligibility plan is published under subsection (2); or
(b)a later day stated in the notice.

175Application for enrolment

(1)This section applies if—
(a)a State school’s principal receives an application, under section 155 , for the enrolment of a person at the school; and
(b)there is an effective enrolment eligibility plan for the school; and
(c)the school’s enrolment capacity, stated in the effective enrolment eligibility plan for the school, is not satisfied.
(2)Subject to this Act, the person is entitled to be enrolled at the school if the person satisfies the requirements for enrolment stated in the effective enrolment eligibility plan.

Chapter 8A Criminal histories of mature age students

ch hdg ins 2014 No. 62s 71

Part 1 Preliminary

pt 1 (ss 175A–175B) ins 2014 No. 62s 71

175ADefinitions for ch 8A

In this chapter—
criminal history, of a relevant mature age student, means both of the following—
(a)every conviction of the student for an offence, in Queensland or elsewhere, whether before or after the commencement;
(b)every charge for an offence made against the student, in Queensland or elsewhere, whether before or after the commencement.
police commissioner means the commissioner of the police service.
relevant mature age student, of a mature age State school, means—
(a)a person who has applied for enrolment as a mature age student of the school; or
(b)a mature age student of the school.

pt 1 (ss 175A–175B) ins 2014 No. 62s 71

175BApplication of ch 8A

This chapter applies to a relevant mature age student despite the Criminal Law (Rehabilitation of Offenders) Act 1986 .

pt 1 (ss 175A–175B) ins 2014 No. 62s 71

Part 2 Information may be given to police commissioner

pt 2 (s 175C) ins 2014 No. 62s 71

175CMature age State school’s principal may give information to police commissioner

(1)A mature age State school’s principal may, for this chapter, give the police commissioner—
(a)information about whether a person is a relevant mature age student of the mature age State school; and
(b)the name of the person and other identifying information about the person, including the person’s date and place of birth and any alias.
(2)Information given to the police commissioner under subsection (1) must only be used for this chapter.

pt 2 (s 175C) ins 2014 No. 62s 71

Part 3 Requests for criminal histories

Note—

Section 175H limits the use that can be made of a criminal history report and information contained in the report.

pt 3 (ss 175D–175F) ins 2014 No. 62s 71

175DMature age State school’s principal must make request about prospective mature age student

(1)This section applies if—
(a)a mature age State school’s principal receives an application by a person for enrolment as a mature age student of the school; and
(b)the application has not been withdrawn.
(2)The principal must, before deciding the application, ask the police commissioner for a written report about the applicant’s criminal history.

pt 3 (ss 175D–175F) ins 2014 No. 62s 71

175EMature age State school’s principal may make request about mature age student

A mature age State school’s principal may, at any time while a person is a mature age student of the school, ask the police commissioner for a written report about the student’s criminal history.

pt 3 (ss 175D–175F) ins 2014 No. 62s 71

175FRequest for other information about criminal history

If a mature age State school’s principal asks the police commissioner for a report about a relevant mature age student’s criminal history under section 175D or 175E , the principal may also ask the commissioner for the following information—
(a)a brief description of the circumstances of a conviction or charge for an offence mentioned in the report;
(b)information about the outcome of a charge for an offence mentioned in the report.

pt 3 (ss 175D–175F) ins 2014 No. 62s 71

Part 4 Criminal histories

pt 4 (ss 175G–175I) ins 2014 No. 62s 71

175GRequirement for police commissioner to give information about criminal history

(1)The police commissioner must comply with a request made under part 3.
(2)However, subsection (1) applies only in relation to information in the police commissioner’s possession or to which the commissioner has access.
(3)To remove any doubt, it is declared that, despite the Youth Justice Act 1992 , part 9, the police commissioner may disclose information to which that part applies to a person when complying with a request made by the person under part 3.

pt 4 (ss 175G–175I) ins 2014 No. 62s 71

175HUse of criminal history

(1)A mature age State school’s principal must not use information obtained under section 175G other than for the following—
(a)chapter 8, part 1, division 1;
(b)this chapter;
(c)chapter 12, part 3, division 2 or 3.
(2)The chief executive must not use information obtained under section 175G other than for the following—
(a)chapter 8, part 1, division 2;
(b)chapter 12, part 3.

pt 4 (ss 175G–175I) ins 2014 No. 62s 71

175IDestruction of criminal history

A mature age State school’s principal must ensure that information obtained by the principal under section 175G is destroyed as soon as practicable after it is no longer needed for the purpose for which it may be used under section 175H .

pt 4 (ss 175G–175I) ins 2014 No. 62s 71

Part 5 General provisions

pt 5 (ss 175J–175L) ins 2014 No. 62s 71

175JNotice of change in criminal history

(1)This section applies if the police commissioner reasonably suspects a person who is charged with an offence is a relevant mature age student of a mature age State school.
(2)The police commissioner may give the school’s principal notice of the charge.
(3)The notice must state the following—
(a)the person’s name and address;
(b)the person’s date of birth;
(c)the offence the person is charged with;
(d)particulars of the alleged offence;
(e)the date of the charge.
(4)If the principal receives a notice mentioned in subsection (3) about a person and the person is a mature age student of the school, the principal may write to the person to tell the person about the person’s obligations under section 175K .

pt 5 (ss 175J–175L) ins 2014 No. 62s 71

175KDisclosure of change in criminal history

(1)If there is a change in the criminal history of a relevant mature age student of a mature age State school, the student must give the school’s principal a criminal history change notice before the student next attends the school or otherwise participates in the school’s educational program.

Maximum penalty—20 penalty units.

(2)For a relevant mature age student who does not have a criminal history, there is taken to be a change in the student’s criminal history if the student acquires a criminal history.
(3)In this section—
criminal history change notice, for a relevant mature age student, means a notice, in the approved form, that includes, for a conviction or charge for an offence in the student’s criminal history—
(a)the existence of the conviction or charge; and
(b)when the offence was committed or alleged to have been committed; and
(c)enough details to identify the offence or alleged offence; and
(d)for a conviction—whether or not a conviction was recorded, and the sentence imposed on the student.

pt 5 (ss 175J–175L) ins 2014 No. 62s 71

175LFalse or misleading information or documents

(1)A relevant mature age student of a mature age State school must not give information to the school’s principal under this part that the student knows is false or misleading in a material particular.

Maximum penalty—20 penalty units.

(2)A relevant mature age student of a mature age State school must not give a document to the school’s principal under this part that contains information the student knows is false or misleading in a material particular.

Maximum penalty—20 penalty units.

(3)Subsection (2) does not apply to a relevant mature age student if the student, when giving the document to the principal—
(a)tells the principal, to the best of the student’s ability, how it is false or misleading; and
(b)gives the correct information to the principal if the student has, or can reasonably obtain, the correct information.

pt 5 (ss 175J–175L) ins 2014 No. 62s 71

Chapter 8B Enrolment at non-State schools

ch hdg ins 2016 No. 46 s 9

175MEnrolment—year 1

The principal of a non-State school must not enrol a child in year 1 of schooling at the school unless the principal is satisfied the child—
(a)has undertaken a preparatory year at a State school or non-State school; or
(b)has undertaken education in another State or country that is equivalent to the preparatory year; or
(c)was registered, or provisionally registered, for home education in the year before the proposed year of the prospective student’s enrolment in year 1 of schooling at the school; or
(d)is otherwise ready to be enrolled in year 1 of schooling at the school, considering the child’s attributes.

s 175M ins 2016 No. 46 s 9

Chapter 9 Compulsory schooling

Part 1 Compulsory schooling requirement

Division 1 Parents’ obligations

176Obligation of each parent

(1)Each parent of a child who is of compulsory school age must—
(a)ensure the child is enrolled at a State school or non-State school; and
(b)ensure the child attends the State school or non-State school, on every school day, for the educational program in which the child is enrolled;
unless the parent has a reasonable excuse.

Maximum penalty—

(a)for a first offence—6 penalty units; or
(b)for a second or subsequent offence, whether or not relating to the same child of the parent—12 penalty units.

(2)Without limiting subsection (1), it is a reasonable excuse for a parent (the relevant parent) that—
(a)the child lives with another parent and the relevant parent believes, on reasonable grounds, that the other parent is complying with subsection (1); or
(b)in all the circumstances, the relevant parent is not reasonably able to control the child’s behaviour to the extent necessary to comply with subsection (1).
(3)Subsection (1) applies subject to parts 2 to 4.

s 176 amd 2006 No. 39s 512(2)sch 2; 2006 No. 39s 512(3)sch 3

177What is attendance

(1)A child attends a State school or non-State school only if the child complies with the school’s requirements about physically attending, at particular times, its premises or another place.
(2)However, despite subsection (1)—
(a)a child enrolled in a program of distance education is taken to attend the school of distance education offering the program by completing and returning the assigned work for the program; and
(b)a child enrolled in an external program is taken to attend the State school or non-State school offering the program by complying with its requirements about communicating with or contacting the school for the purpose of participating in the program.

178Notice to, and meeting with, parent

(1)This section applies if an authorised officer reasonably suspects—
(a)a child who is of compulsory school age—
(i)is not enrolled at a State school or non-State school; or
(ii)is not attending the State school or non-State school at which the child is enrolled, on every school day, for the educational program in which the child is enrolled; and
(b)parts 2 to 4 do not apply to the child.
(2)The officer may give a parent of the child a notice in the approved form about the parent’s obligation under section 176 (1).
(3)The officer may also meet with the parent to discuss the obligation.
(4)If, despite the officer taking reasonable steps to meet with the parent under subsection (3), no meeting is held, the officer may give the parent a warning notice in the approved form.
(5)For the Police Powers and Responsibilities Act 2000 , section 16, an authorised officer acting under this section is a public official performing a function authorised by this Act.
(6)In this section—
authorised officer means the chief executive or an officer of the department authorised by the chief executive for this section.

s 178 amd 2006 No. 39s 512(2)sch 2; 2006 No. 39s 512(3)sch 3

179Limits on proceedings against a parent

(1)Proceedings for an offence against section 176 (1) may be brought against a parent—
(a)by the chief executive or with the chief executive’s consent; and
(b)only if the time when the parent is alleged to have committed the offence is after—
(i)the parent has been given a notice under section 178 (2); and
(ii)at least 1 meeting has been held with the parent under section 178 (3) or the parent has been given a warning notice under section 178 (4).

Note—

Under section 432 , the chief executive may delegate the chief executive’s functions under this section to an appropriately qualified officer of the department.
(2)The chief executive (child safety) is not liable to be prosecuted for an offence against section 176 (1).

s 179 amd 2014 No. 62s 39

Division 2 Chief executive may obtain information from non-State schools

180Notice to principal of non-State school

(1)The chief executive may, by notice given to the principal of a non-State school, ask the principal for information about—
(a)the enrolment or attendance at the school of a child who is of compulsory school age; or
(b)decisions made under section 189 , including information in the record kept by the school’s governing body under section 197A .
(2)Without limiting subsection (1), the chief executive may ask for information that the chief executive believes may—
(a)help in the investigation of an alleged contravention of section 176 (1); or
(b)help the chief executive or an authorised person acting under section 178 ; or
(c)otherwise help the chief executive or an authorised person to decide whether or not a parent is contravening section 176 (1).

s 180 amd 2014 No. 62s 72

181Protection from liability

(1)This section applies to a principal of a non-State school for complying with a request of the chief executive under section 180 .
(2)The principal is not civilly liable for an act done, or omission made, honestly and without negligence for complying with the request.
(3)If subsection (2) prevents a civil liability attaching to the principal, the liability attaches instead to the non-State school’s governing body.

Part 2 Flexible arrangements

182Flexible arrangements—non-State school

(1)The authorised entity for a non-State school may approve arrangements for a student enrolled at the school that are to apply to the student instead of participation in the school’s educational programs in the usual way.
(2)The authorised entity may approve the arrangements only if—
(a)a teacher has prepared written assessments of—
(i)the student’s educational and other needs; and
(ii)the learning outcomes that the arrangements are intended to achieve; and
(iii)the suitability of each provider for the arrangements; and
(b)the authorised entity has considered—
(i)the written assessments prepared under paragraph (a); and
(ii)how, and by whom, the student’s participation in the arrangements is to be monitored; and
(iii)how, and by whom, each provider’s involvement in the arrangements is to be monitored and its effectiveness evaluated; and
(c)the authorised entity is satisfied the arrangements are appropriate, having regard to—
(i)the student’s individual needs and circumstances; and
(ii)what the authorised entity considers is most likely to achieve the best learning outcomes for the student; and
(iii)the desirability, unless it would be inappropriate in all the circumstances, of the arrangements requiring the student’s participation at a level that is equivalent to full-time participation in the school’s educational programs in the usual way; and
(iv)any other matter prescribed under a regulation.
(3)However, the authorised entity must not approve the arrangements unless—
(a)if the student is of compulsory school age—
(i)a parent of the student has given written agreement to the arrangements; and
(ii)the authorised entity has discussed the arrangements with the student to the extent the authorised entity considers appropriate, having regard to the student’s age and other relevant circumstances; or
(b)if the student is in the compulsory participation phase—
(i)the student gives written agreement to the arrangements; and
(ii)the authorised entity has discussed the arrangements with the student’s parents to the extent the authorised entity considers is practicable and appropriate in the circumstances.
(4)The non-State school’s governing body must keep, for at least 5 years after the arrangements stop applying to the student—
(a)the written assessments prepared under subsection (2)(a); and
(b)a record of the authorised entity’s consideration of the matters stated in subsection (2)(b); and
(c)the written agreement obtained under subsection (3).
(5)Subsection (3)(a)(i) does not apply if the authorised entity is satisfied it would be inappropriate in the circumstances to require the written agreement of a parent.

Example—

It may be inappropriate to require a parent’s written agreement if the student is living independently of his or her parents.
(6)In this section—
authorised entity, for a non-State school, means—
(a)the school’s governing body; or
(b)a staff member of the school given written authorisation by the governing body for this section.
provider, in relation to arrangements for a student, means an entity directly involved in providing a program to the student under the arrangements.
student means a student who is of compulsory school age or in the compulsory participation phase.

183Flexible arrangements—State school

(1)The chief executive may approve arrangements for a student enrolled at a State school that are to apply to the student instead of participation in the school’s educational programs in the usual way.
(2)Section 182 (2), (3), (5) and (6), except the definition authorised entity, apply to the chief executive and the student as if—
(a)a reference to the authorised entity were a reference to the chief executive; and
(b)a reference to the non-State school were a reference to the State school.

Part 3 Exemption from compliance with compulsory schooling requirement

Division 1 Preliminary

184Definitions for pt 3

In this part—
exemption means—
(a)for an exemption for which the chief executive is the relevant decision-maker—an exemption from compliance with section 176 (1); or
(b)for an exemption for which a non-State school’s principal is the relevant decision-maker—an exemption from compliance with section 176 (1)(b).
relevant decision-maker see section 186 (1).

s 184 sub 2014 No. 62s 73

Division 2 Power to grant exemption

div hdg sub 2014 No. 62s 74

185Chief executive may grant exemption

(1)The chief executive may grant an exemption for a child if the chief executive is reasonably satisfied—
(a)the child can not attend a State school or non-State school; or
(b)it would be unreasonable in all the circumstances to require the child to attend a State school or non-State school.
(2)The chief executive may grant the exemption for a stated or indefinite period.
(3)Despite subsection (1), the chief executive may not grant an exemption from compliance with section 176 (1)(b) for a child under this section if—
(a)the child is enrolled at a non-State school; and
(b)the period of the exemption would not, if it were granted, cause the total of the periods of exemptions granted under this section or section 185A for the child to be more than 110 school days in a year.

s 185 amd 2013 No. 37s 19sch 1; 2014 No. 62s 75

185ANon-State school’s principal may grant exemption from requirement to attend school

A non-State school’s principal may grant an exemption from compliance with section 176 (1)(b) for a child enrolled at the school if—
(a)the principal is reasonably satisfied—
(i)the child can not attend the school; or
(ii)it would be unreasonable in all the circumstances to require the child to attend the school; and
(b)the period of the exemption would not, if it were granted, cause the total of the periods of exemptions granted under section 185 or this section for the child to be more than 110 school days in a year.

s 185A ins 2014 No. 62s 76

Division 3 Application process

186Application for exemption

(1)A parent of a child may apply to the following person (the relevant decision-maker) for an exemption for the child—
(a)for an application for an exemption under section 185 —the chief executive;
(b)for an application for an exemption under section 185A —the principal of the non-State school at which the child is enrolled.
(2)The applicant must provide any other relevant information reasonably required by the relevant decision-maker to decide the application.

s 186 sub 2014 No. 62s 77

187Lapsing of application

(1)The relevant decision-maker may make a requirement under section 186 (2), for information to decide the application, by giving the applicant a notice stating—
(a)the required information; and
(b)the time by which the information must be given to the relevant decision-maker; and
(c)that, if the information is not given to the relevant decision-maker by the stated time, the application will lapse.
(2)The time stated must be reasonable and, in any case, at least 14 days after the requirement is made.
(3)The relevant decision-maker may withdraw the requirement, or part of the requirement, at any time.
(4)Before the stated time ends, the relevant decision-maker may give the applicant a further notice extending the stated time if the relevant decision-maker is satisfied it would be reasonable in all the circumstances to give the extension.
(5)If the applicant does not comply with the requirement within the stated time, or any extension, the application lapses.

s 187 amd 2014 No. 62s 78

188Temporary exemption until application is decided

(1)For an application for an exemption under section 185 , section 176 (1) does not apply to a parent of the child until—
(a)14 days after the chief executive gives notice to the applicant under section 189 ; or
(b)the application lapses.
(2)For an application for an exemption under section 185A , section 176 (1)(b) does not apply to a parent of the child until—
(a)14 days after the non-State school’s principal gives notice to the applicant under section 189 ; or
(b)the application lapses.

s 188 amd 2014 No. 62s 79

189Decision

(1)The relevant decision-maker must consider the application and either grant, or refuse to grant, the exemption.
(2)If the relevant decision-maker decides to grant the exemption, the relevant decision-maker must as soon as practicable grant the exemption to the applicant.
(3)If the relevant decision-maker decides to refuse to grant the exemption, the relevant decision-maker must as soon as practicable give the applicant an information notice about the decision.

s 189 amd 2014 No. 62s 80

190Contents of exemption

(1)This section applies if the relevant decision-maker decides to grant an exemption for a child.
(2)The exemption must state each of the following—
(a)the day the exemption is granted;
(b)the name of the child to whom the exemption relates;
(c)if the exemption does not apply for an indefinite period—the day of its expiry;
(d)any conditions on which the exemption is granted;
(e)whether the relevant decision-maker has granted any other exemptions for the child in the year in which the exemption is granted, and, if so, the period of each exemption.

s 190 amd 2014 No. 62s 81

191Imposition of conditions

(1)The relevant decision-maker may, in granting the exemption, decide to impose conditions on the exemption that are relevant and reasonable.
(2)If the relevant decision-maker decides to grant an exemption on conditions, the relevant decision-maker must as soon as practicable give the applicant an information notice about the decision.

s 191 amd 2014 No. 62s 82

192Lesser period of exemption than that applied for

(1)The relevant decision-maker may, in granting the application, decide to grant the exemption for a lesser period than that applied for by the applicant for the exemption.
(2)If the relevant decision-maker decides to grant an exemption for a lesser period than that applied for by the applicant for the exemption, the relevant decision-maker must as soon as practicable give the applicant an information notice about the decision.

s 192 amd 2014 No. 62s 83

Division 4 Cancellation of exemption

193Grounds for cancellation

Each of the following is a ground for cancelling an exemption for a child—
(a)the ground for the grant of the exemption no longer applies to the child; or
(b)a condition of the exemption has been contravened.

s 193 amd 2014 No. 62s 84

194Show cause notice

(1)If the relevant decision-maker reasonably believes a ground exists to cancel the exemption for a child, the relevant decision-maker must give a parent of the child a notice under this section (a show cause notice).
(2)The show cause notice must state the following—
(a)the action (the proposed action) the relevant decision-maker proposes taking under this division;
(b)the ground for the proposed action;
(c)an outline of the facts and circumstances forming the basis for the ground;
(d)an invitation to the parent to show within a stated period (the show cause period) why the proposed action should not be taken.
(3)The show cause period must be a period ending at least 30 days after the show cause notice is given to the parent.

s 194 amd 2014 No. 62s 85

195Representations about show cause notice

(1)The parent may make written representations about the show cause notice to the relevant decision-maker in the show cause period.
(2)The relevant decision-maker must consider all written representations (the accepted representations) made under subsection (1).

s 195 amd 2014 No. 62s 86

196Ending show cause process without further action

If, after considering any accepted representations for the show cause notice, the relevant decision-maker no longer believes the ground to cancel the exemption exists, the relevant decision-maker—
(a)must not take further action about the show cause notice; and
(b)must, as soon as practicable, give notice to the parent that no further action will be taken about the show cause notice.

s 196 amd 2014 No. 62s 87

197Cancellation

(1)This section applies if, after considering any accepted representations for the show cause notice, the relevant decision-maker—
(a)still believes the ground to cancel the exemption exists; and
(b)believes cancellation of the exemption is warranted.
(2)This section also applies if there are no accepted representations for the show cause notice.
(3)The relevant decision-maker may decide to cancel the exemption.
(4)The relevant decision-maker must, as soon as practicable, give an information notice about the decision to the parent.
(5)The decision does not take effect until—
(a)the last day to apply for a review of the decision; or
(b)if the decision is reviewed—
(i)the last day to apply under chapter 15, part 2 for a review of the decision; or
(ii)if a review of the decision is applied for—the day the review is decided.
(6)In this section—
review, of a decision, means review of the decision under chapter 15, part 1.
review decision see section 392 (2).

s 197 amd 2009 No. 24s 132; 2014 No. 62s 88

Division 5 Miscellaneous

div 5 (s 197A) ins 2014 No. 62s 89

197ARecord of decisions about exemptions—non-State schools

(1)The governing body of a non-State school must keep a record of each decision made by the school’s principal under section 189 as required under subsection (2).

Maximum penalty—20 penalty units.

(2)The record must—
(a)be kept for at least 5 years from the day the decision was made; and
(b)for a decision to grant an application for an exemption—include the matters mentioned in section 190 (2).

div 5 (s 197A) ins 2014 No. 62s 89

Part 4 Other circumstances in which compulsory schooling requirement does not apply

198Activities under Commonwealth law

Section 176 (1) does not apply to the extent it is inconsistent with a law of the Commonwealth under which a person who is of compulsory school age may carry on an activity other than attending a State school or non-State school.

199Home education

(1)Section 176 (1) does not apply to a child who is provisionally registered, or registered, for home education under part 5.
(2)Also, section 176 (1) does not apply to a child—
(a)if an application has been made, under part 5, for the provisional registration, or registration, of the child for home education; and
(b)the applicant has not been given notice of the decision on the application.

200Child’s exclusion or suspension

(1)Section 176 (1) does not apply—
(a)to a child who is excluded from all State schools; or
(b)for a child who is excluded from a particular State school, during the time reasonably required, after the exclusion, for a parent of the child—
(i)to arrange the child’s enrolment with another State school or a non-State school; or
(ii)to provisionally register, or register, the child for home education under part 5; or
(c)for a child who is excluded from particular State schools, during the time reasonably required, after the exclusion, for a parent of the child—
(i)to arrange the child’s enrolment with a State school not affected by the exclusion or a non-State school; or
(ii)to provisionally register, or register, the child for home education under part 5.
(2)Section 176 (1)(b) does not apply—
(a)for a child who is suspended from a State school at which the child is enrolled—while the child is suspended and the child’s access to an educational program under section 284 , 294 or 301 has not been arranged; or
(b)for a child who is suspended from a non-State school at which the child is enrolled—while the child is suspended.
(3)In this section—
excluded means excluded under chapter 12, part 3.
suspended means suspended under chapter 12, part 3.

s 200 amd 2009 No. 24s 133; 2010 No. 50s 9; 2013 No. 59s 7

201Child’s illness

(1)Section 176 (1)(b) does not apply to a child for a period of not more than 10 consecutive school days during which the child is too ill to attend the State school or non-State school at which the child is enrolled.

Note—

If a child is prevented by illness from attending school for a longer period, an exemption from compliance with section 176 (1) may be granted under part 3.
(2)A regulation may provide for the obligations of the parents of a child mentioned in subsection (1).

s 201 amd 2014 No. 62s 90

202Infectious or contagious disease or condition

Section 176 (1)(b) does not apply to a child who is prevented from attending school because the child is, or is a member of a class of persons that is, subject to a direction given, or declaration, order or requirement made, under an Act or other law about an infectious or contagious disease or condition.

203Application for enrolment pending

Section 176 (1) does not apply to a child—
(a)if an application has been made, under section 155 , for the enrolment of the child at a State school; and
(b)the applicant has not received notice of the decision on the application.

204Apprentice or trainee under the Further Education and Training Act 2014

Section 176 (1) does not apply to a child who is, or for whom an arrangement has been made for the child to become, an apprentice or trainee under the Further Education and Training Act 2014 .

s 204 amd 2014 No. 25s 223sch 1 pt 2

Part 5 Home education

Division 1 Preliminary

205Definitions for pt 5

In this part—
home education, for a child, means the education of the child provided by 1 or both of the child’s parents, or a registered teacher, primarily at the child’s usual place of residence.
provisional registration, of a child for home education, means the provisional registration of the child for home education under section 207 .
registration, of a child for home education, means the registration of the child for home education under section 213 .
standard conditions of registration see section 217 (1).

206Who is eligible for provisional registration or registration

A child is eligible for provisional registration, or registration, for home education if—
(a)the child will be at least 5 years and 6 months on 31 December in the year the provisional registration or registration takes effect; and
(b)the child’s compulsory participation phase has not ended.

s 206 sub 2014 No. 62s 40; 2016 No. 46 s 10

Division 2 Applications for provisional registration

207Provisional registration

(1)An application for provisional registration of a child for home education must—
(a)be made in writing to the chief executive; and
(b)state—
(i)the applicant’s name; and
(ii)the child’s name and date of birth; and
(iii)the address of the child’s usual place of residence; and
(c)be accompanied by evidence, satisfactory to the chief executive, that—
(i)the child is eligible for provisional registration for home education; and
(ii)the applicant is a parent of the child.
(2)The chief executive must, as soon as practicable after receiving the application, notify the applicant that the child is provisionally registered for home education.
(3)Provisional registration of the child for home education ends 60 days after the giving of the notice under subsection (2).
(4)However, if an application is made for registration of the child for home education during the provisional registration period, the provisional registration continues until the day the chief executive notifies the applicant of the chief executive’s decision on the application.
(5)An application under this section may relate to only 1 child.

Division 3 Applications for registration

208Procedural requirements for application

(1)An application for registration of a child for home education must be—
(a)made to the chief executive; and
(b)in the approved form; and
(c)accompanied by—
(i)evidence, satisfactory to the chief executive, that—
(A)the child is eligible for registration for home education; and
(B)the applicant is a parent of the child; and
(ii)a summary of the educational program to be used, or learning philosophy to be followed, for the home education; and
(iii)any other documents, identified in the approved form, the chief executive reasonably requires to decide the application.
(2)Information in, or accompanying, the application must, if the approved form requires, be verified by a statutory declaration.
(3)An application under this section may relate to only 1 child.

209Withdrawal of application

(1)A person may, by notice given to the chief executive, withdraw the person’s application for the registration of a child for home education.
(2)If, under subsection (1), a person withdraws the person’s application for the registration of a child for home education, the child’s provisional registration for home education under section 212 is cancelled.

210Chief executive must ensure compliance with procedural requirements

(1)If the chief executive considers an application for the registration of a child for home education does not comply with a procedural requirement, the chief executive must, by notice given to the applicant, require the applicant to comply with the requirement within a reasonable period, of at least 28 days, stated in the notice.
(2)However, the chief executive and applicant may, within the period stated in the notice, agree to extend the period for complying with the procedural requirement to a day (the agreed compliance day) after the end of the period stated in the notice.
(3)If the applicant does not comply with the procedural requirement within the period stated in the notice, or by the agreed compliance day, the chief executive may decide to refuse to grant the application.
(4)If the chief executive decides to refuse to grant the application—
(a)the chief executive must give the applicant an information notice about the decision; and
(b)the child’s provisional registration for home education under section 212 is cancelled.

211Chief executive may require further information or documents

(1)If the chief executive considers further information or a document is required for deciding an application for the registration of a child for home education, the chief executive may, by notice given to the applicant, require the applicant to give the information or document to the chief executive within a reasonable period, of at least 28 days, stated in the notice.
(2)The chief executive may also require the information or document to be verified by a statutory declaration.
(3)Despite subsection (1), the chief executive and applicant may, within the period stated in the notice, agree to extend the period for complying with a requirement under subsection (1) to a day (the agreed compliance day) after the end of the period stated in the notice.
(4)If the applicant does not comply with a requirement under subsection (1) within the period stated in the notice, or by the agreed compliance day, the chief executive may decide to refuse to grant the application.
(5)If the chief executive decides to refuse to grant the application—
(a)the chief executive must give the applicant an information notice about the decision; and
(b)the child’s provisional registration for home education under section 212 is cancelled.

212Child taken to be provisionally registered while application decided

(1)This section applies if an application is made for the registration of a child for home education.
(2)The child is provisionally registered, under this section, for home education until—
(a)if the chief executive decides to grant the application—the day the decision is made; or
(b)if the chief executive decides to refuse to grant the application—the day an information notice about the decision is given to the applicant under section 214 (2).
(3)The chief executive must, as soon as practicable after receiving the application, notify the applicant that the child is provisionally registered, under this section, for home education.

213Decision

(1)The chief executive must consider an application for the registration of a child for home education and decide whether the chief executive is satisfied the standard conditions of registration will be complied with.
(2)If the chief executive is satisfied the standard conditions of registration will be complied with, the chief executive must decide to register the child for home education.

214Steps to be taken after application decided

(1)If the chief executive decides to grant an application for the registration of a child for home education, the chief executive must as soon as practicable issue a certificate of registration, for the child, to the applicant.
(2)If the chief executive decides to refuse to grant an application for the registration of a child for home education, the chief executive must as soon as practicable give the applicant an information notice about the decision.

215Failure to decide application

(1)Subject to subsection (3), if the chief executive fails to decide an application for the registration of a child for home education within 90 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.
(2)Subsection (3) applies if the chief executive has, under section 211 (1), required an applicant for the registration of a child for home education to give the chief executive further information or a document.
(3)The chief executive is taken to have decided to refuse to grant the application if the chief executive fails to decide the application within 90 days after the chief executive receives the further information or document.

216Minimum details to be recorded on certificate of registration

A certificate of registration of a child for home education must include at least the following—
(a)the child’s name and date of birth;
(b)the address of the child’s usual place of residence;
(c)the names of the child’s parents;
(d)any conditions of registration imposed by the chief executive.

Division 4 Conditions of registration

217Standard conditions

(1)The registration of a child for home education is subject to the following conditions (the standard conditions of registration)—
(a)the child’s parents must ensure the child receives a high-quality education;
(b)a parent of the child must give to the chief executive a written report on the educational progress of the child while undertaking home education;
(c)a parent of the child must notify the chief executive of any change in the address of the child’s usual place of residence within 28 days after the change happens.
(2)A report mentioned in subsection (1)(b) must—
(a)be given to the chief executive at least 2 months, but not more than 3 months, before each anniversary of the registration; and
(b)be in the approved form; and
(c)be accompanied by any other documents, identified in the approved form, the chief executive reasonably requires.

218Imposition of conditions

(1)The chief executive may, in granting an application for the registration of a child for home education, decide to impose conditions on the registration that are relevant and reasonable.
(2)If the chief executive decides to impose conditions on the registration, the chief executive must as soon as practicable give the applicant an information notice about the decision.

219Changing conditions

(1)The chief executive may change the conditions of the registration of a child for home education imposed by the chief executive if there is a reasonable basis to make the change.
(2)Before deciding to change the conditions, the chief executive must—
(a)give notice to a parent of the child stating—
(i)the particulars of the proposed change; and
(ii)that the parent may make written submissions to the chief executive about the proposed change within a reasonable period of at least 21 days stated in the notice; and
(b)have regard to written submissions made to the chief executive by the parent within the stated period.
(3)If the chief executive decides to change the conditions, the chief executive must as soon as practicable give the parent an information notice about the decision.
(4)If the chief executive decides to change the conditions, the change takes effect on the day an information notice about the decision is given to the parent and does not depend on a replacement certificate of registration being issued under section 220 .
(5)The power of the chief executive under subsection (1) includes the power to add conditions to the registration of a child for home education that is not subject to conditions imposed by the chief executive.

220Replacing certificate of registration

(1)This section applies if a child’s parent receives an information notice, under section 219 (3), about a decision relating to a change of the conditions of the registration of the child for home education.
(2)The parent must return the certificate of registration to the chief executive within 14 days after receiving the notice.
(3)On receiving the certificate, the chief executive must issue another certificate of registration to the parent to replace the certificate returned to the chief executive.

Division 5 Cancellation of registration

221Grounds for cancellation

Each of the following is a ground for cancelling the registration of a child for home education—
(a)a parent of the child has contravened a condition of the registration;
(b)the chief executive is not reasonably satisfied about the educational progress being made by the child;
(c)the child was registered because of a materially false or misleading representation or declaration.

222Show cause notice

(1)If the chief executive reasonably believes a ground exists to cancel the registration of a child for home education, the chief executive must give a parent of the child a notice under this section (a show cause notice).
(2)The show cause notice must state the following—
(a)the action (the proposed action) the chief executive proposes taking under this division;
(b)the ground for the proposed action;
(c)an outline of the facts and circumstances forming the basis for the ground;
(d)an invitation to the parent to show within a stated period (the show cause period) why the proposed action should not be taken.
(3)The show cause period must be a period ending at least 30 days after the show cause notice is given to the parent.

223Representations about show cause notice

(1)The parent may make written representations about the show cause notice to the chief executive in the show cause period.
(2)The chief executive must consider all written representations (the accepted representations) made under subsection (1).

224Ending show cause process without further action

If, after considering any accepted representations for the show cause notice, the chief executive does not believe the ground exists to cancel the registration, the chief executive—
(a)must not take further action about the show cause notice; and
(b)must, as soon as practicable, notify the parent that no further action will be taken about the show cause notice.

225Cancellation

(1)This section applies if, after considering any accepted representations for the show cause notice, the chief executive—
(a)still believes the ground exists to cancel the registration; and
(b)believes cancellation of the registration is warranted.
(2)This section also applies if there are no accepted representations for the show cause notice.
(3)The chief executive may decide to cancel the registration.
(4)The chief executive must as soon as practicable give an information notice about the decision to the parent.
(5)The decision takes effect on the day an information notice about the decision is given to the parent.

226Return of cancelled certificate of registration to chief executive

(1)This section applies if—
(a)the chief executive decides to cancel the registration of a child for home education under section 225 ; and
(b)the decision takes effect under section 225 (5).
(2)The parent must return the certificate of registration to the chief executive within 28 days after the decision takes effect.
(3)However, subsection (2) does not apply until—
(a)the last day to apply for a review of the decision; or
(b)if the decision is reviewed—
(i)the last day to apply under chapter 15, part 2 for a review of the decision; or
(ii)if a review of the decision is applied for—the day the review is decided.
(4)In this section—
review, of a decision, means review of the decision under chapter 15, part 1.
review decision see section 392 (2).

s 226 amd 2009 No. 24s 134

Division 6 Surrender of provisional registration or registration

227Surrender

(1)A parent of a child who is provisionally registered, or registered, for home education may, by notice given to the chief executive, surrender the provisional registration or registration.
(2)The surrender takes effect—
(a)on the day the notice is given to the chief executive; or
(b)if a later day of effect is stated in the notice—on the later day.
(3)If the child is registered for home education, the parent must return the certificate of registration to the chief executive within 14 days after the day the surrender takes effect.

228Obligation to surrender

(1)This section applies if a child who is provisionally registered, or registered, for home education stops receiving home education.
(2)A parent of the child must—
(a)as soon as practicable after the child stops receiving home education, surrender the provisional registration or registration under section 227 ; and
(b)if, at the time of the surrender, the child is enrolled by the parent, or an application has been made by the parent for the enrolment of the child, at a State school or non-State school—when giving notice of the surrender, notify the chief executive of the enrolment or application, and the school’s name.

Division 7 Miscellaneous

229Simultaneous enrolment at State school or non-State school prohibited

(1)A child who is provisionally registered, or registered, for home education may not be simultaneously enrolled at a State school or non-State school.
(2)A child is not eligible for provisional registration, or registration, for home education while the child is enrolled at a State school or non-State school.

Part 6 Employment of children

230Employment of child who is of compulsory school age

(1)A parent of a child who is of compulsory school age must not employ the child, or allow the child to be employed, during the time the child is required under this chapter to attend a State school or non-State school, unless the parent has a reasonable excuse.

Maximum penalty—6 penalty units.

(2)For subsection (1), a parent of a child who causes or allows the child to engage in any calling carried on by the parent by way of trade or for gain is taken to employ the child.
(3)Subsection (1) does not apply—
(a)to the employment of the child—
(i)under arrangements approved for the child under chapter 9, part 2; or
(ii)under an apprenticeship or traineeship under the Further Education and Training Act 2014 ; or
(b)while an exemption is in force for the child under chapter 9, part 3.
(4)Also, subsection (1) applies subject to a law of the Commonwealth under which a person who is of compulsory school age may be employed.
(5)A parent of a child who is of compulsory school age must not give to any of the following persons information, which the parent knows to be false, about the age of the child or any other matter to which subsection (1) or (2) relates—
(a)any person employing the child;
(b)any person who, after the giving of the information, employs the child;
(c)any person appointed under this Act.

Maximum penalty—6 penalty units.

Note—

See the Child Employment Act 2006 , part 2 for other provisions restricting the ability of a child who is of compulsory school age to work.

s 230 amd 2014 No. 25s 223sch 1 pt 2

Chapter 10 Compulsory participation in education or training

Part 1 Key terms

231Compulsory participation phase

A young person’s compulsory participation phase
(a)starts when the person stops being of compulsory school age; and
(b)ends when the person—
(i)gains a certificate of achievement, senior statement, certificate III or certificate IV; or
(ii)has participated in eligible options for 2 years after the person stopped being of compulsory school age; or
(iii)turns 17 years.

s 231 amd 2006 No. 55s 10

232Eligible options and providers

(1)In the following table, each of the options listed is an eligible option and the entity stated opposite is the provider for the option.

eligible option

provider

an educational program provided under this Act

a State school

an educational program provided under the Education (Accreditation of Non-State Schools) Act 2001

a non-State school

a course of study under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth)

a registered higher education provider

a VET course under the National Vocational Education and Training Regulator Act 2011 (Cwlth)

a registered training organisation

an apprenticeship or traineeship under the Further Education and Training Act 2014

a registered training organisation

a departmental employment skills development program under the Further Education and Training Act 2014

the chief executive administering the Further Education and Training Act 2014

(2)In this section—
registered higher education provider see the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth), section 5 .

s 232 amd 2007 No. 53s 30 sch; 2008 No. 25s 164sch 1; 2012 No. 11s 43 sch pt 2; 2013 No. 27s 70sch 1 pt 2; 2014 No. 25s 223sch 1 pt 2

Part 2 Participation in a program or course

233Application of pt 2

This part applies to an eligible option other than an apprenticeship or traineeship under the Further Education and Training Act 2014 .

s 233 amd 2014 No. 25s 223sch 1 pt 2

234What is participation

(1)A young person is participating in an eligible option only if the person is—
(a)enrolled with the provider in the relevant program or course; and
(b)complying with the provider’s attendance requirements for the program or course.
(2)The provider’s attendance requirements for a program or course are the requirements about physically attending, at particular times, the provider’s premises or another place.
(3)However, despite subsection (2)—
(a)the provider’s attendance requirements for a program of distance education are to complete and return the assigned work for the program; and
(b)the provider’s attendance requirements for an external program are its requirements about communicating with or contacting the provider for the purpose of participating in the program or course.

235Full-time participation

A reference to full-time participation in an eligible option—
(a)is a reference to participation in an eligible option at a level that is full-time under the requirements of the option; and
(b)includes part-time participation in 2 or more eligible options to an extent that is at least equivalent to full-time participation in 1 option.

Example for paragraph (b)—

A young person is participating part-time in an educational program at a State school or non-State school (the school program) and part-time in a course of vocational education and training at TAFE Queensland (the VET course).The levels of the young person’s participation are—
60% of full-time participation in the school program
40% of full-time participation in the VET course.

s 235 amd 2007 No. 53s 30 sch; 2013 No. 27s 70sch 1 pt 2

236Allowed absence

A young person’s participation in an eligible option is taken to continue during an absence allowed under the requirements of the option.

Example—

A person enrolled in an educational program at a State school is absent for a day because of illness.

237Suspension or exclusion

(1)If a young person participating in an eligible option stops attending the provider because the person has been suspended from the provider, the person’s participation in the option is taken to continue during the period of the suspension.
(2)Subsection (1) does not apply to suspension from a State school under chapter 12, part 3, division 2, 3 or 4 if the person has been placed in an educational program under section 284 , 294 or 301 .

Note—

Section 234 (1) and (3)(b) provide for how the person participates in the educational program.
(3)If a young person participating in an eligible option stops attending the provider because the person has been excluded from the provider, the person is taken for this chapter to be continuing to participate in an eligible option, at the same level as before the exclusion, for the time reasonably required for the person to resume participation in an eligible option.

s 237 amd 2009 No. 24s 135; 2010 No. 50s 10; 2013 No. 59s 8

Part 3 Participation in an apprenticeship or traineeship

238Participation in an apprenticeship or traineeship

(1)This section applies to a young person who is an apprentice or trainee under the Further Education and Training Act 2014 .
(2)The person is taken to be participating full-time in an apprenticeship or traineeship under the Further Education and Training Act 2014 .

s 238 amd 2014 No. 25s 223sch 1 pt 2

Part 4 Parents’ obligation

239Obligation to ensure participation

(1)Each parent of a young person in the compulsory participation phase must ensure the young person is participating full-time in an eligible option, unless the parent has a reasonable excuse.

Maximum penalty—

(a)for a first offence—6 penalty units; or
(b)for a second or subsequent offence, whether or not relating to the same child of the parent—12 penalty units.

(2)Without limiting subsection (1), it is a reasonable excuse for a parent (the relevant parent) that—
(a)the young person lives with another parent and the relevant parent believes, on reasonable grounds, the other parent is ensuring the young person participates full-time in an eligible option; or
(b)in all the circumstances, the relevant parent is not reasonably able to control the young person’s behaviour to the extent necessary to ensure the young person participates full-time in an eligible option.

s 239 amd 2006 No. 55s 11; 2014 No. 3s 114sch 1 pt 2

240Exceptions to obligation

(1)Section 239 (1) does not apply to the extent provided under an exemption in force under part 5.
(2)Section 239 (1) does not apply if the young person is in paid employment for at least 25 hours each week.
(3)Section 239 (1) does not apply if the young person is enrolled with an entity providing a non-departmental employment skills development program and attending the entity for the program.
(4)Section 239 (1) does not apply to the extent of any inconsistency with a law of the Commonwealth under which a young person in the compulsory participation phase may carry on an activity other than participating full-time in an eligible option.
(5)Section 239 (1) does not apply if the young person is provisionally registered, or registered, for home education under chapter 9, part 5.

s 240 amd 2013 No. 49s 28sch 1; 2014 No. 25s 223sch 1 pt 2

241Notice to, and meeting with, parent

(1)This section applies if an authorised officer reasonably suspects a young person is in the compulsory participation phase and is not participating full-time in an eligible option.
(2)The officer may give a parent of the young person a notice in the approved form about the parent’s obligation under section 239 (1).
(3)The officer may also meet with the parent to discuss the obligation.
(4)If, despite the officer taking reasonable steps to meet with the parent under subsection (3), no meeting is held, the officer may give the parent a warning notice in the approved form.
(5)For the Police Powers and Responsibilities Act 2000 , section 16, an authorised officer acting under this section is a public official performing a function authorised by this Act.
(6)In this section—
authorised officer means the chief executive or an officer of the department authorised by the chief executive for this section.

242Limits on proceedings against a parent

(1)Proceedings for an offence against section 239 (1) may be brought against a parent—
(a)by the chief executive or with the chief executive’s consent; and
(b)only if the time when the parent is alleged to have committed the offence is after—
(i)the parent has been given a notice under section 241 (2); and
(ii)at least 1 meeting has been held with the parent under section 241 (3) or the parent has been given a warning notice under section 241 (4).

Note—

Under section 432 , the chief executive may delegate the chief executive’s functions under this section to an appropriately qualified officer of the department.
(2)The chief executive (child safety) is not liable to be prosecuted for an offence against section 239 (1).

s 242 amd 2014 No. 62s 41

Part 5 Exemptions from compliance with compulsory participation requirements

Division 1 Preliminary

div hdg sub 2014 No. 62s 91

243Definition for pt 5

In this part—
relevant decision-maker see section 245 (1).

s 243 sub 2014 No. 62s 92

Division 2 Power to grant exemption

div hdg (prev div 1A hdg) ins 2014 No. 62s 93

renum 2014 No. 62s 96

244Chief executive may grant exemption

(1)The chief executive may grant an exemption fully excusing a young person from participation if the chief executive is reasonably satisfied—
(a)the young person can not participate in any eligible option; or
(b)it would be unreasonable in all the circumstances to require the young person to participate in any eligible option.
(2)The chief executive may grant an exemption partially excusing a young person from participation if the chief executive is satisfied—
(a)the young person can not participate in any eligible option at a full-time level; or
(b)it would be unreasonable in all the circumstances to require the young person to participate in any eligible option at a full-time level.
(3)Despite subsection (1) or (2), the chief executive may not grant an exemption for a young person under this section if—
(a)the young person is participating in an eligible option for which a non-State school is the provider; and
(b)the period of the exemption would not, if it were granted, cause the total of the periods of exemptions granted under this section or section 244A for the young person to be more than 110 school days in a year.

s 244 amd 2014 No. 62s 94

244ANon-State school’s principal may grant exemption

(1)A non-State school’s principal may grant an exemption fully excusing a young person from the requirement that the young person participate in an eligible option if—
(a)the non-State school is the provider for the eligible option; and
(b)the principal is reasonably satisfied—
(i)the young person can not participate in the eligible option; or
(ii)it would be unreasonable in all the circumstances to require the young person to participate in the eligible option; and
(c)the period of the exemption would not, if it were granted, cause the total of the periods of exemptions granted under section 244 or this section for the young person to be more than 110 school days in a year.
(2)A non-State school’s principal may grant an exemption partially excusing a young person from the requirement that the young person participate in an eligible option if—
(a)the non-State school is the provider for the eligible option; and
(b)the principal is reasonably satisfied—
(i)the young person can not participate in the eligible option at a full-time level; or
(ii)it would be unreasonable in all the circumstances to require the young person to participate in the eligible option at a full-time level; and
(c)the period of the exemption would not, if it were granted, cause the total of the periods of exemptions granted under section 244 or this section for the young person to be more than 110 school days in a year.

s 244A ins 2014 No. 62s 95

Division 3 Application process

div hdg (prev div 2 hdg) renum 2014 No. 62s 96

245Application for exemption

(1)A young person, or a parent of a young person, may apply to the following person (the relevant decision-maker) for an exemption from the requirement that the young person participate in an eligible option—
(a)for an application for an exemption under section 244 —the chief executive;
(b)for an application for an exemption under section 244A —the principal of the non-State school that is the provider for the eligible option.
(2)The application must—
(a)state the period for which the exemption is sought; and
(b)for an application by a young person—include the signed consent of a parent of the young person.
(3)However, subsection (2)(b) does not apply if the relevant decision-maker is satisfied it would be inappropriate in all the circumstances to require the signed consent of a parent.

Example—

an application by a young person living independently of the young person’s parents
(4)The applicant must provide any other relevant information reasonably required by the relevant decision-maker to decide the application.

Example—

If an exemption is sought because the young person is ill, the information required under this subsection may include stated medical evidence.

s 245 sub 2014 No. 62s 97

246Lapsing of application

(1)The relevant decision-maker may make a requirement under section 245 (4) by giving the applicant a notice stating—
(a)the required information; and
(b)the time by which the information must be given to the relevant decision-maker; and
(c)that, if the information is not given to the relevant decision-maker by the stated time, the application will lapse.
(2)The time stated must be reasonable and, in any case, at least 14 days after the requirement is made.
(3)The relevant decision-maker may withdraw the requirement, or part of the requirement, at any time.
(4)Before the stated time ends, the relevant decision-maker may give the applicant a further notice extending the stated time if the relevant decision-maker is satisfied it would be reasonable in all the circumstances to give the extension.
(5)If the applicant does not comply with the requirement within the stated time, or any extension, the application lapses.

s 246 amd 2014 No. 62s 98

247Temporary exemption until application is decided

(1)If the application is made before the young person starts the person’s compulsory participation phase, section 239 (1) does not apply to a parent of the young person until—
(a)14 days after the relevant decision-maker gives notice to the applicant under section 248 ; or
(b)the application lapses.
(2)If the application is made while an existing exemption under this part is in force for the young person, the existing exemption continues to apply until 14 days after the relevant decision-maker gives notice to the applicant under section 248 , or until the application lapses.

s 247 amd 2014 No. 62s 99

248Decision

(1)The relevant decision-maker must consider the application and either grant, or refuse to grant, the exemption.
(2)If the relevant decision-maker decides to grant the exemption, the relevant decision-maker must as soon as practicable grant the exemption to the applicant.
(3)If the relevant decision-maker decides to refuse to grant the exemption, the relevant decision-maker must as soon as practicable give the applicant an information notice about the decision.

s 248 amd 2014 No. 62s 100

249Contents of exemption

(1)This section applies if the relevant decision-maker decides to grant an exemption from the requirement that a young person participate in an eligible option.
(2)The exemption must state—
(a)the day it is granted; and
(b)the young person to whom it relates; and
(c)whether it is full or partial and, if it is partial, the extent to which the person is excused from participation; and
(d)whether it applies until the end of the person’s compulsory participation phase or only until a stated earlier time; and
(e)any conditions on which it is granted; and
(f)whether the relevant decision-maker has granted any other exemptions for the young person in the year in which the exemption is granted, and, if so, the period of each exemption.

s 249 amd 2014 No. 62s 101

250Imposition of conditions

(1)The relevant decision-maker may, in granting the exemption, decide to impose conditions on the exemption that are relevant and reasonable.
(2)If the relevant decision-maker decides to grant an exemption on conditions, the relevant decision-maker must as soon as practicable give the applicant an information notice about the decision.

s 250 amd 2014 No. 62s 102

251Lesser period of exemption than that applied for

(1)The relevant decision-maker may, in granting the application, decide to grant the exemption for a lesser period than that applied for by the applicant for the exemption.
(2)If the relevant decision-maker decides to grant an exemption for a lesser period than that applied for by the applicant for the exemption, the relevant decision-maker must as soon as practicable give the applicant an information notice about the decision.

s 251 amd 2014 No. 62s 103

Division 4 Miscellaneous

div 4 (ss 251AA–251AC) ins 2014 No. 62s 104

251AA Record of decisions about exemptions—non-State schools

(1)The governing body of a non-State school must keep a record of each decision made by the school’s principal under section 248 as required under subsection (2).

Maximum penalty—20 penalty units.

(2)The record must—
(a)be kept for at least 5 years from the day the decision was made; and
(b)for a decision to grant an application for an exemption—include the matters mentioned in section 249 (2).

div 4 (ss 251AA–251AC) ins 2014 No. 62s 104

251AB Notice to non-State school’s principal

The chief executive may, by giving notice to a non-State school’s principal, ask the principal for information about decisions made under section 248 , including information in the record kept by the school’s governing body under section 251AA .

div 4 (ss 251AA–251AC) ins 2014 No. 62s 104

251AC Protection from liability

(1)This section applies to a non-State school’s principal in complying with a request of the chief executive under section 251AB .
(2)The principal is not civilly liable for an act done, or omission made, honestly and without negligence in complying with the request.
(3)If subsection (2) prevents a civil liability attaching to the principal, the liability attaches instead to the non-State school’s governing body.

div 4 (ss 251AA–251AC) ins 2014 No. 62s 104

Part 6 Miscellaneous

pt hdg ins 2006 No. 55s 12

251ADisclosure by chief executive to appropriate entities

To help in carrying on re-engagement activities, the chief executive may disclose the following information about a young person in the compulsory participation phase to an entity the chief executive considers appropriate—
(a)name and any previous names;
(b)address;
(c)date of birth;
(d)the last eligible option in which the young person participated, so far as the chief executive is aware;
(e)other information prescribed under a regulation.

Examples of entities that may be appropriate—

a provider
a youth support entity
a human services entity

s 251A (prev s 264) renum and reloc 2006 No. 55s 13

251BConsultation about planning

The chief executive must consult regularly with the following entities for the purpose of carrying on planning activities—
(a)the Association of Independent Schools of Queensland Inc.;
(b)the Queensland Catholic Education Commission;
(c)the chief executive administering the Further Education and Training Act 2014 .

s 251B (prev s 266) amd 2006 No. 55s 14(1)

renum and reloc 2006 No. 55s 14(2)

amd 2014 No. 25s 223sch 1 pt 2

251CTransitional

To remove any doubt, it is declared that, despite section 231 , a young person is not in the compulsory participation phase if the person turned 15 years or completed year 10 before 1 January 2006.

s 251C (prev s 271) renum and reloc 2006 No. 55s 15

251DConfidentiality

(1)This section applies to a person (the relevant person)—
(a)who is or has been—
(i)the chief executive or a public service employee in the department; or
(ii)an entity, or an employee of an entity, to whom the chief executive has given information under section 251A ; and
(b)who, in the course of the administration of this chapter, or because of opportunity provided by the administration, has gained or has access to personal information about a young person in the student account phase.
(2)The relevant person must not make a record of the information or disclose the information to anyone else, other than—
(a)for a purpose of this chapter; or
(b)with the consent of the person to whom the information relates; or
(c)in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or
(d)as permitted or required by another Act.

Maximum penalty—50 penalty units.

(3)Subsection (2) continues to apply to personal information about a young person in the student account phase after the phase ends.
(4)In this section—
disclose, information, includes give access to the information.
employee, of a provider, the QCAA or another entity, includes—
(a)a person appointed to a position with the entity; and
(b)a person engaged by the entity under a contract for services; and
(c)an unpaid employee of the entity.
personal information means information or an opinion, whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
student account phase see the E(QCAA) Act, schedule 1.

s 251D (prev s 272) amd 2006 No. 55s 16(1)–(3)

renum and reloc 2006 No. 55s 16(4)

amd 2014 No. 3s 114sch 1 pt 2

251E[Repealed]

s 251E (prev s 273) amd 2006 No. 55s 17(1)

renum and reloc 2006 No. 55s 17(2)

amd 2014 No. 25s 223sch 1 pt 2

om 2014 No. 62s 42

Chapter 11 [Repealed]

ch hdg om 2006 No. 55s 18

Part 1 [Repealed]

pt 1 (s 252) om 2006 No. 55s 18

252[Repealed]

pt 1 (s 252) om 2006 No. 55s 18

Part 2 [Repealed]

pt 2 (ss 253–256) om 2006 No. 55s 18

253[Repealed]

pt 2 (ss 253–256) om 2006 No. 55s 18

254[Repealed]

pt 2 (ss 253–256) om 2006 No. 55s 18

255[Repealed]

pt 2 (ss 253–256) om 2006 No. 55s 18

256[Repealed]

pt 2 (ss 253–256) om 2006 No. 55s 18

Part 3 [Repealed]

pt 3 (ss 257–262) om 2006 No. 55s 18

257[Repealed]

pt 3 (ss 257–262) om 2006 No. 55s 18

258[Repealed]

pt 3 (ss 257–262) om 2006 No. 55s 18

259[Repealed]

pt 3 (ss 257–262) om 2006 No. 55s 18

260[Repealed]

pt 3 (ss 257–262) om 2006 No. 55s 18

261[Repealed]

pt 3 (ss 257–262) om 2006 No. 55s 18

262[Repealed]

pt 3 (ss 257–262) om 2006 No. 55s 18

Part 4 [Repealed]

pt hdg om 2006 No. 55s 18

263[Repealed]

s 263 om 2006 No. 55s 18

Part 5 [Repealed]

pt hdg om 2006 No. 55s 18

265[Repealed]

s 265 om 2006 No. 55s 18

267[Repealed]

s 267 om 2006 No. 55s 18

268[Repealed]

s 268 om 2006 No. 55s 18

Part 6 [Repealed]

pt hdg om 2006 No. 55s 18

269[Repealed]

s 269 om 2006 No. 55s 18

270[Repealed]

s 270 om 2006 No. 55s 18

Chapter 12 Good order and management of State educational institutions and non-State schools

Part 1 Student discipline

pt hdg prev pt 1 hdg om 2009 No. 24s 136

pres pt 1 hdg (prev pt 2 hdg) renum 2009 No. 24s 137

sub 2013 No. 59s 9

274[Repealed]

s 274 om 2009 No. 24s 136

275Control of student discipline

(1)The principal of a State school must control and regulate student discipline in the school.
(2)The way in which the principal controls and regulates student discipline in the school may include providing for students to carry on activities—
(a)after school hours; and
(b)on a day other than a school day.

s 275 sub 2013 No. 59s 9

276Policies or procedures for student discipline

(1)The chief executive may make a policy or procedure about the way in which principals of State schools are to control and regulate student discipline.
(2)The policy or procedure may provide for the following matters—
(a)the detention of students by principals or teachers;
(b)the performance of community service by students;
(c)the making, by principals, of discipline improvement plans for students;
(d)any other matter the chief executive considers appropriate.
(3)The chief executive must ensure the policy or procedure is available for public inspection, without charge—
(a)during normal business hours at the department’s head office; and
(b)on the department’s website.
(4)The principal of a State school must ensure that the way in which the principal controls and regulates student discipline in the school complies with the policy or procedure.

s 276 sub 2013 No. 59s 9

277[Repealed]

s 277 om 2013 No. 59s 9

278[Repealed]

s 278 om 2013 No. 59s 9

279[Repealed]

s 279 om 2013 No. 59s 9

Part 2 [Repealed]

(Repealed)

pt hdg (prev pt 3 hdg) renum 2009 No. 24s 137

om 2013 No. 59s 10

Part 3 Suspension, exclusion, and cancellation of enrolment, of State school students

pt hdg (prev pt 4 hdg) renum 2009 No. 24s 137

sub 2013 No. 59s 11

Division 1 Preliminary

div hdg sub 2013 No. 59s 12

280Definitions for pt 3

In this part—
charge-related ground see section 282 (4).
charge ...

def charge om 2014 No. 62s 43(1)

conduct, of a student, includes an omission to perform an act by the student.
dealt with, in relation to a charge against a student for an offence, means any of the following—
(a)the student is acquitted or convicted of the charge;
(b)the student is convicted of another offence arising out of substantially the same acts or omissions as those constituting the charge;
(c)the charge is withdrawn or dismissed;
(d)a nolle prosequi or no true bill is presented in relation to the charge.
offence includes an act or omission committed outside Queensland that would be an offence if it were committed in Queensland.
police commissioner means the commissioner of the police service.

def police commissioner ins 2014 No. 62s 43(2)

s 280 prev s 280 om 2013 No. 59s 9

pres s 280 ins 2013 No. 59s 12

Division 1A Information about student charges and convictions

div hdg prev div 1A hdg ins 2010 No. 50s 11

om 2013 No. 59s 12

pres div 1A hdg ins 2014 No. 62s 44

280AApplication of div 1A

(1)This division applies to a person despite the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 5 to the extent it relates to charges.
(2)This division does not apply to a mature age student of a mature age State school.

s 280A ins 2014 No. 62s 44

280BChief executive may give information to police commissioner

(1)The chief executive may, for this division, give the police commissioner—
(a)information about whether a person is a student of a State school; and
(b)the name of the person and other identifying information about the person, including the person’s date and place of birth and any alias.
(2)Information given to the police commissioner under subsection (1) must only be used for this division.

s 280B ins 2014 No. 62s 44

280CChief executive may ask police commissioner about student charge or conviction

(1)This section applies if—
(a)the chief executive reasonably suspects that a student enrolled at a State school has been charged with, or convicted of, an offence; and
(b)the school’s principal or the chief executive requires confirmation of the charge or conviction for the exercise of a function under this part.
(2)The chief executive may ask the police commissioner whether the student has been charged with, or convicted of, the offence and, if so, for information about the charge or conviction, including a brief description of the circumstances of the charge or conviction.

s 280C ins 2014 No. 62s 44

280DRequirement for police commissioner to give information about student charge or conviction

(1)The police commissioner must comply with a request made under section 280C .
(2)However, subsection (1) applies only in relation to information in the police commissioner’s possession or to which the commissioner has access.
(3)To remove any doubt, it is declared that, despite the Youth Justice Act 1992 , part 9, the police commissioner may disclose information to which that part applies to the chief executive when complying with a request made by the chief executive under section 280C .

s 280D ins 2014 No. 62s 44

280EUse of information about student charge or conviction

(1)The chief executive must not use information obtained from the police commissioner under this division other than for this part.
(2)A State school’s principal must not use information obtained by the chief executive from the police commissioner under this division other than for division 2 or 3.

s 280E ins 2014 No. 62s 44

280FDestruction of information about student charge or conviction

The chief executive must ensure that information obtained from the police commissioner under this division is destroyed as soon as practicable after it is no longer needed for the purpose for which it may be used under section 280E .

s 280F ins 2014 No. 62s 44

Division 2 Suspension of students by principal

div hdg sub 2013 No. 59s 12

Subdivision 1 General provisions

sdiv hdg ins 2013 No. 59s 12

281Principal’s power to suspend

(1)The principal of a State school at which a student is enrolled may, under this division, suspend the student from the school if the principal is reasonably satisfied a ground exists for the suspension.
(2)The principal may act under this division whether or not the student has already been suspended or excluded under this part.
(3)In this division, a reference to suspension is a reference to suspension of a student in exercise of the power under subsection (1).

s 281 prev s 281 om 2013 No. 59s 9

pres s 281 ins 2013 No. 59s 12

282Grounds for suspension

(1)Each of the following is a ground for suspension—
(a)disobedience;
(b)misbehaviour;
(c)conduct that adversely affects, or is likely to adversely affect, other students;
(d)conduct that adversely affects, or is likely to adversely affect, the good order and management of the school;
(e)the student’s attendance at the school poses an unacceptable risk to the safety or wellbeing of other students or of staff;
(f)the student is charged with a serious offence.
(2)It is also a ground for suspension if—
(a)the student is charged with an offence other than a serious offence; and
(b)the principal is reasonably satisfied it would not be in the best interests of other students or of staff for the student to attend the school while the charge is pending.
(3)To remove any doubt, it is declared that, for subsection (1)(c) or (d), conduct may be a ground for suspension even if the conduct does not happen on school premises or during school hours.
(4)Each of the grounds under subsection (1)(f) or (2) is a charge-related ground.

s 282 prev s 282 om 2013 No. 59s 9

pres s 282 ins 2013 No. 59s 12

283Duration and notice of suspension

(1)Suspension may be—
(a)generally—for not more than 10 school days; or
(b)on a ground other than a charge-related ground and if the principal is reasonably satisfied the ground is so serious that the suspension should be for more than 10 school days—for not more than 20 school days; or
(c)on a charge-related ground—until the day the principal makes a decision under section 288 .
(2)The suspension starts when the principal tells the student about it.
(3)As soon as practicable after telling the student, the principal must give the student a notice in the approved form about the suspension.
(4)If the student is suspended under subsection (1)(b) or (c), the notice must state that the student may make a written submission against the suspension to the chief executive.

s 283 prev s 283 om 2013 No. 59s 9

pres s 283 ins 2013 No. 59s 12

284Continuing education during suspension

A principal who suspends a student must take reasonable steps to arrange for the student’s access to an educational program that allows the student to continue the student’s education during the suspension.

s 284 sub 2013 No. 59s 12

285Submission against suspension

(1)This section applies for suspension under section 283 (1)(b) or (c).
(2)The student may make a written submission against the suspension.

Note—

See also section 331 (Parent may also make submission, representation or application).
(3)The submission must be made to the chief executive and state fully the grounds for the submission and the facts relied on.

s 285 sub 2013 No. 59s 12

286Dealing with submission against suspension

(1)If a submission is made to the chief executive under section 285 (2), the chief executive must, as soon as practicable after receiving it, review the principal’s decision to suspend the student and—
(a)confirm the decision; or
(b)vary the decision; or
(c)set aside the decision and substitute another decision.
(2)As soon as practicable after making the decision under subsection (1), the chief executive must tell the student and the principal—
(a)about the decision; and
(b)if the decision allows the student to resume attendance at the school earlier, or later, than if the principal’s decision had been confirmed—when the student may resume attendance at the school.
(3)As soon as practicable after telling the student and the principal, the chief executive must give each of them a notice in the approved form about the decision.

s 286 sub 2013 No. 59s 12

Subdivision 2 Charge-related suspensions

sdiv hdg ins 2013 No. 59s 12

287Application of sdiv 2

This subdivision applies for suspension on a charge-related ground.

s 287 sub 2013 No. 59s 12

288Principal must decide whether to exclude student after charge dealt with

(1)As soon as practicable after the charge is dealt with, the principal must decide, under division 3, whether to propose to exclude the student from the school.

Note—

The principal may propose to exclude on the ground mentioned in section 292 (2) or on another ground mentioned in section 292 (1).
(2)If the principal decides not to propose to exclude, the principal must tell the student about the decision and that the suspension has ended.
(3)As soon as practicable after telling the student, the principal must give the student a notice in the approved form about the decision.

s 288 sub 2013 No. 59s 12

289Principal may decide to end suspension before charge dealt with

(1)This section applies if, on a day before the charge is dealt with, the principal is satisfied it would no longer not be in the best interests of other students or of staff for the student to attend the school while the charge is pending.
(2)Despite section 283 (1)(c), the principal may decide to end the suspension.
(3)The principal must tell the student about the decision and that the suspension has ended.
(4)As soon as practicable after telling the student, the principal must give the student a notice in the approved form about the decision.

s 289 sub 2013 No. 59s 12

Subdivision 3 Chief executive’s powers

sdiv hdg ins 2013 No. 59s 12

290Chief executive may exercise suspension power

(1)This section applies if the principal of a State school, or the chief executive, reasonably believes it would be appropriate for the chief executive to exercise the suspension power.

Example—

It would be appropriate for the chief executive to exercise the power if the principal was prevented from doing so by the principles of natural justice relating to bias.
(2)The chief executive may exercise the power.
(3)Each provision of this division applies as if a reference in the provision to the principal were a reference to the chief executive.

s 290 amd 2010 No. 50s 12

sub 2013 No. 59s 12

Division 3 Exclusion of students by principal

div hdg sub 2013 No. 59s 12

291Principal’s power to exclude

(1)The principal of a State school at which a student is enrolled may, under this division, exclude the student from the school if the principal is reasonably satisfied a ground exists for the exclusion.
(2)The principal may act under this division whether or not the student has already been suspended or excluded under this part.
(3)In this division, a reference to exclusion is a reference to exclusion of a student in exercise of the power under subsection (1).

s 291 sub 2013 No. 59s 12

292Grounds for exclusion

(1)Each of the following is a ground for exclusion—
(a)persistent disobedience;
(b)misbehaviour;
(c)conduct that adversely affects, or is likely to adversely affect, other students;
(d)conduct that adversely affects, or is likely to adversely affect, the good order and management of the school;
(e)the student’s attendance at the school poses an unacceptable risk to the safety or wellbeing of other students or of staff;
if suspension of the student under division 2 is inadequate to deal with the disobedience, misbehaviour, conduct or risk.
(2)It is also a ground for exclusion if—
(a)the student has been convicted of an offence; and
(b)the principal is reasonably satisfied it would not be in the best interests of other students or of staff for the student to be enrolled at the school.
(3)To remove any doubt, it is declared that, for subsection (1)(c) or (d), conduct may be a ground for exclusion even if the conduct does not happen on school premises or during school hours.

s 292 amd 2010 No. 50s 13

sub 2013 No. 59s 12

293Suspension pending final decision about exclusion

(1)This section applies if the principal of a State school proposes to exclude a student.
(2)The principal must give the student a notice in the approved form about the proposed exclusion and—
(a)if the student is already suspended—tell the student that the suspension continues until the principal makes a final decision about the proposed exclusion; or
(b)if the student is not already suspended—suspend the student until the principal makes a final decision about the proposed exclusion.
(3)The suspension starts when the principal tells the student about it.

s 293 amd 2010 No. 50s 14; 2012 No. 35s 8

sub 2013 No. 59s 12

294Continuing education during suspension

A principal who suspends a student pending a final decision about exclusion must take reasonable steps to arrange for the student’s access to an educational program that allows the student to continue the student’s education during the suspension.

s 294 amd 2010 No. 50s 15

sub 2013 No. 59s 12

295Final decision about exclusion

(1)The principal of a State school must make a final decision about exclusion within 20 school days after giving the student a notice under section 293 (2) (the proposed exclusion notice).
(2)If the principal decides not to exclude, the principal must—
(a)tell the student, as soon as practicable—
(i)about the decision; and
(ii)that the suspension has ended and the student may resume attendance at the school; and
(b)as soon as practicable after telling the student about the decision—give the student a notice in the approved form about the decision.
(3)If the principal decides to exclude, the principal must exclude the student either permanently or for a period of not more than 1 year.
(4)However, the exclusion can not be longer than the period stated in the proposed exclusion notice.
(5)The principal must, as soon as practicable after deciding to exclude, give the student a notice in the approved form about the exclusion.
(6)The notice mentioned in subsection (5) must state that—
(a)the student may make a written submission to the chief executive asking the chief executive to review the decision under division 6; and
(b)if the student is excluded permanently—the student may make a periodic written submission to the chief executive under division 7.

s 295 sub 2013 No. 59s 12

296Effect of exclusion on enrolment

If a student is excluded from a State school at which the student is enrolled, the enrolment is taken to be cancelled.

s 296 sub 2013 No. 59s 12

297Chief executive may exercise exclusion power

(1)This section applies if the principal of a State school, or the chief executive, reasonably believes it would be appropriate for the chief executive to exercise the exclusion power.

Example—

It would be appropriate for the chief executive to exercise the power if the principal was prevented from doing so by the principles of natural justice relating to bias.
(2)The chief executive may exercise the power.
(3)Each provision of this division applies as if a reference in the provision to the principal were a reference to the chief executive.

s 297 sub 2013 No. 59s 12

Division 4 Exclusion of students from certain State schools or all State schools by chief executive

div hdg ins 2013 No. 59s 12

298Chief executive’s power to exclude

(1)The chief executive may, under this division, exclude a student from certain State schools, or all State schools, if the chief executive is reasonably satisfied a ground exists for the exclusion.
(2)The chief executive may act under this division whether or not the student has already been suspended or excluded under this part.
(3)In this division, a reference to exclusion is a reference to exclusion of a student in exercise of the power under subsection (1).

s 298 sub 2013 No. 59s 12

299Grounds for exclusion

(1)Each of the following is a ground for exclusion—
(a)persistent disobedience;
(b)misbehaviour;
(c)conduct that adversely affects, or is likely to adversely affect, other students;
(d)conduct that adversely affects, or is likely to adversely affect, the good order and management of the schools;
(e)the student’s attendance at the schools poses an unacceptable risk to the safety or wellbeing of other students or of staff;
if exclusion of the student under division 3 is inadequate to deal with the disobedience, misbehaviour, conduct or risk.
(2)It is also a ground for exclusion if—
(a)the student has been convicted of an offence; and
(b)the chief executive is reasonably satisfied it would not be in the best interests of other students or of staff for the student to be enrolled at the schools.
(3)To remove any doubt, it is declared that, for subsection (1)(c) or (d), conduct of the student may be a ground for exclusion even if the conduct does not happen on school premises or during school hours.

s 299 sub 2013 No. 59s 12

300Suspension pending final decision about exclusion

(1)This section applies if the chief executive proposes to exclude a student.
(2)The chief executive must give the student a notice in the approved form about the proposed exclusion and—
(a)if the student is already suspended or excluded from the schools—tell the student that the suspension or exclusion continues until the chief executive makes a final decision about the proposed exclusion; or
(b)if the student is not already suspended or excluded from the schools—suspend the student until the chief executive makes a final decision about the proposed exclusion.
(3)The suspension starts when the chief executive tells the student about it.

s 300 sub 2013 No. 59s 12

301Continuing education during suspension

If the chief executive suspends a student pending a final decision about exclusion, the chief executive must take reasonable steps to arrange for the student’s access to an educational program that allows the student to continue the student’s education during the suspension.

s 301 sub 2013 No. 59s 12

302Final decision about exclusion

(1)The chief executive must make a final decision about exclusion within 30 school days after giving the student a notice under section 300 (2) (the proposed exclusion notice).
(2)If the chief executive decides not to exclude, the chief executive must—
(a)as soon as practicable, tell the student—
(i)about the decision; and
(ii)that the suspension has ended; and
(iii)unless the student has been excluded under section 295 (3)—that the student may resume attendance at the school at which the student was enrolled on the day of the suspension; and
(b)as soon as practicable after telling the student about the decision—give the student a notice in the approved form about the decision.
(3)If the chief executive decides to exclude, the chief executive must exclude the student either permanently or for a period of not more than 1 year.

Note—

See chapter 15, part 4 for review of the decision by QCAT.
(4)However, the exclusion can not be longer than the period stated in the proposed exclusion notice.
(5)The chief executive must, as soon as practicable after deciding to exclude, give the student a notice in the approved form about the exclusion.
(6)The notice mentioned in subsection (5) must state that—
(a)the student may make a written submission to the chief executive asking the chief executive to review the decision under division 6; and
(b)if the student is excluded permanently—the student may make a periodic written submission to the chief executive under division 7.
(7)Also, if the chief executive decides to exclude the student from all State schools, the notice must comply with the QCAT Act, section 157 (2).

s 302 amd 2009 No. 24s 138; 2012 No. 35s 9

sub 2013 No. 59s 12

amd 2014 No. 62s 45

303Effect of exclusion on enrolment

If a student is excluded from a State school at which the student is enrolled, the enrolment is taken to be cancelled.

s 303 sub 2013 No. 59s 12

304Continuing education during exclusion of certain students

(1)This section applies to a student of a State school who is—
(a)of compulsory school age; or
(b)a young person in the compulsory participation phase.
(2)If the student is excluded from all State schools, the chief executive must take reasonable steps to arrange for the student’s access to an educational program that allows the student to continue the student’s education during the exclusion.

s 304 sub 2013 No. 59s 12

Division 5 Exclusion of prospective students by chief executive

div hdg (prev div 4 hdg) renum 2013 No. 59s 13

305Application of div 5

This division applies if—
(a)a State school’s principal, under section 156 (2), refers an application for enrolment of a prospective student at the school to the chief executive; and
(b)the chief executive gives the applicant a show cause notice under section 159 .

s 305 amd 2013 No. 59s 14

306Risk to safety or wellbeing

(1)If the chief executive reasonably believes the prospective student’s attendance at certain State schools or all State schools would pose an unacceptable risk to the safety or wellbeing of other students or staff of the schools, the chief executive must give the prospective student a notice (a show cause notice) stating the following—
(a)that the chief executive proposes to exclude the prospective student from the schools for a stated period of not more than 1 year or permanently (the proposed action);
(b)the grounds for the proposed action;
(c)an outline of the facts and circumstances forming the basis for the grounds;
(d)an invitation to the prospective student to show within a stated period (the show cause period) why the proposed action should not be taken.
(2)The show cause period must be a period ending at least 14 days after the show cause notice is given to the prospective student.

307Representations about show cause notice

(1)The prospective student may make written representations about the show cause notice to the chief executive in the show cause period.
(2)The chief executive must consider all written representations (the accepted representations) made under subsection (1).

308Ending show cause process without further action

If, after considering any accepted representations for the show cause notice, the chief executive no longer reasonably believes the prospective student’s attendance at certain State schools or all State schools would pose an unacceptable risk to the safety or wellbeing of other students or staff of the schools, the chief executive—
(a)must not take further action about the show cause notice; and
(b)must, as soon as practicable, give notice to the prospective student that no further action is to be taken about the show cause notice.

309Exclusion

(1)This section applies if, after considering any accepted representations for the show cause notice, the chief executive still reasonably believes the prospective student’s attendance at certain State schools or all State schools would pose an unacceptable risk to the safety or wellbeing of other students or staff of the schools.
(2)This section also applies if there are no accepted representations for the show cause notice.
(3)The chief executive must decide to exclude the prospective student from the schools.

Note—

See chapter 15, part 4 for review of the decision by QCAT.
(4)The chief executive may not decide to exclude the prospective student for a longer period than the period of the proposed exclusion stated in the show cause notice given to the prospective student under section 306 .
(5)If the decision relates to certain State schools, the chief executive must give the prospective student a notice stating—
(a)that the prospective student is excluded from the stated schools for a stated period of not more than 1 year or permanently; and
(b)the reason for the exclusion; and
(c)that the prospective student may make a submission asking the chief executive to review the exclusion under division 6; and
(d)the title, name and address of the chief executive; and
(e)the way in which the submission may be made.
(6)If the decision relates to all State schools, the chief executive must give the prospective student a notice—
(a)stating that the prospective student is excluded from all State schools for a stated period of not more than 1 year or permanently; and
(b)complying with the QCAT Act, section 157 (2).

s 309 amd 2009 No. 24s 139; 2013 No. 59s 15; 2014 No. 62s 46

310Continuing education of certain excluded student

(1)This section applies to a prospective student of a State school who is—
(a)of compulsory school age; or
(b)a young person in the compulsory participation phase.
(2)If the prospective student is excluded under section 309 from all State schools, the chief executive must take reasonable steps to arrange for the prospective student’s access to an educational program that allows the prospective student to continue the student’s education during the exclusion.

Division 6 Review of particular exclusion decisions

div hdg (prev div 5 hdg) renum 2013 No. 59s 13

311Application of div 6

This division applies to a person (the excluded person) who is excluded, under section 291 , 298 or 309 (5), from a State school at which the student is enrolled or certain State schools.

s 311 amd 2010 No. 50s 16; 2013 No. 59s 16

312Submission against exclusion decision

(1)The excluded person may make a submission against the decision to exclude the excluded person (the exclusion decision).
(2)The submission must—
(a)be made to the chief executive within 30 school days after the day the excluded person is given notice of the exclusion decision under section 295 (5), 302 (5) or 309 (5); and
(b)state fully the grounds for the submission and the facts relied on.

s 312 amd 2010 No. 50s 17; 2013 No. 59s 17

313Dealing with submissions against exclusions

(1)If a submission is made to the chief executive, the chief executive must, within 40 school days after receiving the submission, consider the exclusion decision and the submission and—
(a)confirm the exclusion decision; or
(b)amend the exclusion decision; or
(c)set aside the exclusion decision and make a new decision in substitution of the exclusion decision.
(2)If the exclusion decision was made under section 291 or 298 , after the chief executive has decided to confirm, amend or set aside the exclusion decision, the chief executive must—
(a)as soon as practicable tell the excluded person and relevant principal—
(i)about the chief executive’s decision; and
(ii)if the chief executive’s decision allows the excluded person to attend the school or schools earlier than if the exclusion decision had been confirmed—when the excluded person may attend the school or schools; and
(b)within 7 days after telling the excluded person about the chief executive’s decision, give notice of the chief executive’s decision and the reasons for the chief executive’s decision to—
(i)the excluded person; and
(ii)the relevant principal.
(3)If the exclusion decision was made under section 309 (5), after the chief executive has decided to confirm, amend or set aside the exclusion decision, the chief executive must—
(a)as soon as practicable tell the excluded person—
(i)about the chief executive’s decision; and
(ii)if the chief executive’s decision allows the excluded person to attend the school or schools earlier than if the exclusion decision had been confirmed—when the excluded person may attend the school or schools; and
(b)within 7 days after telling the excluded person about the chief executive’s decision, give the person notice of the chief executive’s decision and the reasons for the chief executive’s decision.
(4)If the exclusion decision was made under section 291 , 298 or 309 (5) and was not made by the chief executive personally, the chief executive must ensure the submission is not dealt with under this section by—
(a)the person who made the exclusion decision; or
(b)a person in a less senior office than the person who made the exclusion decision.
(5)In this section—
relevant principal means the principal of the State school at which the excluded person was enrolled immediately before the exclusion started.

s 313 amd 2010 No. 50s 18; 2013 No. 59s 18

Division 7 Periodic review of certain decisions to exclude permanently

div hdg prev div 7 hdg om 2013 No. 59s 20

pres div 7 hdg (prev div 6 hdg) renum 2013 No. 59s 13

315Periodic review of decision to exclude permanently on ground mentioned in s 292 or 299 —person under 24 years

(1)This section applies to a person under 24 years who is excluded permanently—
(a)from a State school at which the person was enrolled immediately before the exclusion on a ground mentioned in section 292 ; or
(b)from certain State schools on a ground mentioned in section 299 ; or
(c)from all State schools on a ground mentioned in section 299 .
(2)In each calendar year after the exclusion, the person may make a written submission to the chief executive about whether the exclusion should be revoked.
(3)The person may only make 1 written submission in each calendar year until the end of the calendar year that the person turns 24.
(4)The chief executive must, within 40 school days after any submission is made under subsection (2), consider the submission and—
(a)decide whether to revoke the exclusion; and
(b)give notice of the decision and the reasons for the decision to—
(i)the person; and
(ii)the principal of the State school at which the person was enrolled immediately before the exclusion started.
(5)The chief executive must revoke the exclusion to the extent it applies to a State school if the chief executive is reasonably satisfied—
(a)if the person was excluded on a ground mentioned in section 292 (1)(a), (b), (c) or (d), or section 299 (1)(a), (b), (c) or (d)—the disobedience, misbehaviour or other conduct is unlikely to recur if the student were allowed to attend the school or schools; or
(b)if the person was excluded on a ground mentioned in section 292 (1)(e) or 299(1)(e)—the student’s attendance at the school or schools no longer poses an unacceptable risk to the safety or wellbeing of other students or of staff; or
(c)if the person was excluded on a ground mentioned in section 292 (2) or 299 (2)—it would no longer not be in the best interests of other students or of staff for the student to be enrolled at the school or schools.
(6)Otherwise, the chief executive must not revoke the exclusion.
(7)In this section—
revoke, an exclusion, means—
(a)revoke the exclusion entirely; or
(b)amend the exclusion so it no longer applies to a particular State school.

s 315 amd 2010 No. 50s 20; 2012 No. 35s 11; 2013 No. 37s 14; 2013 No. 59s 19

Division 8 Cancellation of enrolment of students who are older than compulsory school age

div hdg sub 2013 No. 59s 20

316Principal’s power to cancel enrolment

(1)The principal of a State school at which a student who is older than compulsory school age is enrolled may, under this division, cancel the enrolment if the principal is reasonably satisfied the ground mentioned in section 317 exists.
(2)The enrolment of a student of compulsory school age can not be cancelled under this division.

s 316 sub 2013 No. 59s 20

317Ground for cancellation

For section 316 (1), the ground for cancellation is that the student’s behaviour amounts to a refusal to participate in the educational program provided at the school.

s 317 sub 2013 No. 59s 20

318Notice of cancellation

(1)This section applies if the principal of a State school cancels the enrolment of a student under section 316 (1).
(2)The principal must give the student a notice in the approved form about the cancellation stating—
(a)an application for the enrolment of the student at the school can not be made for a stated period of not more than 12 months after the giving of the notice; and
(b)the student may make a written submission against the cancellation to the chief executive.
(3)If the student receives a notice under subsection (2), an application for the enrolment of the student at the school can not be made during the period stated in the notice under subsection (2)(a).

s 318 sub 2013 No. 59s 20

319Submission against cancellation

(1)This section applies if the principal of a State school cancels the enrolment of a student under section 316 (1).
(2)The student may make a written submission against the cancellation.

Note—

See also section 331 (Parent may also make submission, representation or application).
(3)The submission must be made to the chief executive and state fully the grounds for the submission and the facts relied on.

s 319 sub 2013 No. 59s 20

320Dealing with submission against cancellation

(1)If a submission is made to the chief executive under section 319 (2), the chief executive must, as soon as practicable after receiving it, review the principal’s decision to cancel the enrolment and—
(a)confirm the decision; or
(b)vary the decision; or
(c)set aside the decision and substitute another decision.
(2)As soon as practicable after making the decision under subsection (1), the chief executive must tell the student and the principal—
(a)about the decision; and
(b)if the decision allows the student to make an application for enrolment at the school earlier than if the principal’s decision had been confirmed—when the student may make the application.
(3)As soon as practicable after telling the student and the principal, the chief executive must give each of them a notice in the approved form about the decision.

s 320 sub 2013 No. 59s 20

321[Repealed]

s 321 om 2013 No. 59s 20

322[Repealed]

s 322 om 2013 No. 59s 20

323[Repealed]

s 323 om 2013 No. 59s 20

325[Repealed]

s 325 om 2013 No. 59s 20

326[Repealed]

s 326 om 2013 No. 59s 20

327[Repealed]

s 327 om 2013 No. 59s 20

Division 9 Other provisions

328Definitions for div 9

In this division—
parent, of a child, includes a person standing in the place of a parent of the child on a temporary basis.
student includes—
(a)an excluded person; or
(b)a person whose enrolment at a State school has been cancelled under division 8.

s 328 def student amd 2013 No. 59s 21

329No entitlement to enrolment at another State school during suspension

A student suspended from a State school under this part is not entitled to be enrolled at another State school during the period of the suspension unless the enrolment is approved by the chief executive.

s 329 amd 2013 No. 59s 22

330Copy of notices under this part to be given to parent

(1)If a person is required, under this part, to give a notice to a student and the student is a child, the person must as soon as practicable give a copy of the notice to a parent of the student.
(2)For giving a copy of the notice to a parent of the student, the person may rely on the relevant State school’s records about the student’s parents and their current residential address.
(3)Subsection (1) does not apply if the person is satisfied it would be inappropriate in the circumstances to give a copy of the notice to the parent.

Example—

It may be inappropriate to give the parent a copy of the notice if the student is living independently of his or her parents.

331Parent may also make submission, representation or application

(1)This section applies if—
(a)under a provision of this part, a student or prospective student may make a submission, representations or an application in relation to any of the following—
(i)a suspension under section 283 (1)(b) or (c);
(ii)an exclusion under section 295 (3) or 302 (3);
(iii)a proposed exclusion under section 306 ;
(iv)an exclusion under section 309 ;
(v)a cancellation of enrolment under section 316 ; and
(b)the student or prospective student is a child.
(2)A submission, representations or an application may also be made under the provision in relation to the student by a parent of the student or prospective student.

s 331 amd 2010 No. 50s 22; 2013 No. 59s 23

332When decisions take effect

(1)Notice of a decision under this part about a student must be given to the student under the section under which the decision is made.
(2)A decision takes effect—
(a)if the student must be told about the decision—on the day the student is told about the decision; or
(b)otherwise—on the day the student is given notice of the decision or a later day stated in the notice.

s 332 amd 2013 No. 59s 24

Part 4 Wilful disturbance and trespass at State educational institutions

pt hdg (prev pt 5 hdg) renum 2009 No. 24s 140

333Wilful disturbance

(1)A person must not wilfully disturb the good order or management of a State educational institution.

Maximum penalty—20 penalty units.

(2)A person must not insult a staff member of a State educational institution in the presence or hearing of a student of the institution, who is, at the time in question—
(a)in or about the institution; or
(b)assembled with others for educational purposes at or in any place.

Maximum penalty—20 penalty units.

(3)Subsections (1) and (2) do not apply to a person who was, at the time in question, a student of the State educational institution.
(4)In this section—
insult includes abuse.

334Trespass

A person must not be on the premises of a State educational institution unless the person has lawful authority or a reasonable excuse for being on the premises.

Maximum penalty—20 penalty units.

Part 5 Directions and orders about conduct or movement at, or entry to, premises of State instructional institutions

pt hdg (prev pt 6 hdg) renum 2009 No. 24s 140

Division 1 Preliminary

335Definitions for pt 5

In this part—
employee, of the department, means—
(a)an employee of, or a contractor for, the department; or
(b)an employee, or subcontractor, of a contractor mentioned in paragraph (a).
exempt person, for a State instructional institution, means—
(a)a student of the institution; or
(b)a pre-preparatory age child registered in a pre-preparatory learning program at the institution; or
(c)a person with a disability who—
(i)under section 420 (2), is being provided with special education at the institution; and
(ii)is not enrolled in the preparatory year at the institution; or
(d)an employee of the department engaged to perform work at the institution’s premises.

s 335 amd 2009 No. 40s 9; 2013 No. 37s 19sch 1

Division 2 Powers relating to name and address

336Person may be required to state name and address

(1)If a State instructional institution’s principal proposes to give a direction under section 337 or 339 to a person at the institution’s premises, the principal may require the person to state the person’s name and residential address.
(2)When making the requirement under subsection (1), the principal must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.
(3)The principal may require the person to give evidence of the correctness of the person’s stated name or residential address if the principal reasonably suspects the stated name or address is false.
(4)A person must comply with a requirement made of the person under subsection (1) or (3), unless the person has a reasonable excuse.

Maximum penalty for subsection (4)—10 penalty units.

Division 3 Directions about conduct or movement at premises of State instructional institutions

337Direction about conduct or movement

(1)A State instructional institution’s principal may give a person (the directed person) a written direction about the directed person’s conduct or movement at the institution’s premises for up to 30 days after the day on which the direction is given if the principal is reasonably satisfied it is necessary to give the direction—
(a)to ensure the safety or wellbeing of other persons lawfully at the premises; or
(b)to prevent or minimise damage to the premises or to property at the premises; or
(c)to maintain good order at the premises; or
(d)for the proper management of the institution.
(2)A direction under subsection (1) may not be given to an exempt person for the institution.
(3)The direction must state—
(a)the terms of the direction; and
(b)the ground for the direction; and
(c)an outline of the facts and circumstances forming the basis for the ground; and
(d)the time the direction is to remain in force; and
(e)that the directed person may apply to have the direction reviewed by the chief executive—
(i)within 7 days after the directed person is given the direction; or
(ii)if the direction is for less than 7 days—before the direction ends; and
(f)how the directed person may apply to have the direction reviewed.
(4)The direction has no effect until the principal gives it to the directed person.
(5)The directed person must comply with the direction, unless the directed person has a reasonable excuse.

Maximum penalty for subsection (5)—20 penalty units.

s 337 amd 2014 No. 62s 105

338Review of direction under s 337

(1)This section applies if a person is given a direction under section 337 by a State instructional institution’s principal.
(2)The person may apply in writing to the chief executive for a review of the direction, but only—
(a)within 7 days after the person is given the direction; or
(b)if the direction is for less than 7 days—before the direction ends.
(3)The application must—
(a)state in detail the grounds on which the person wants the direction to be reviewed; and
(b)state the person’s residential address.
(4)After considering the grounds, the chief executive must make a decision (the review decision) to—
(a)confirm the direction; or
(b)cancel the direction.
(5)The chief executive must—
(a)make the review decision within 5 business days after the application is made; and
(b)as soon as practicable after the decision is made—
(i)tell the person and the institution’s principal about the decision; and
(ii)give the person written notice of the decision.
(6)If the chief executive does not tell the person about the review decision under subsection (5)(b)(i) within 5 business days after the application is made, the review decision is taken to be that the direction is cancelled.

s 338 amd 2014 No. 62s 106

Division 4 Directions to leave and not re-enter premises of State instructional institutions for 24 hours

339Direction to leave and not re-enter

(1)A State instructional institution’s principal may give a person (the prohibited person) an oral direction requiring the prohibited person to immediately leave and not re-enter the institution’s premises for 24 hours after the time of the direction if the principal reasonably suspects the prohibited person—
(a)has committed, or is about to commit, an offence at the premises; or
(b)has used, or is about to use, threatening, abusive or insulting language towards another person at the premises; or
(c)has engaged, or is about to engage, in threatening or violent behaviour towards another person at the premises; or
(d)has otherwise disrupted, or is about to disrupt, good order at the premises; or
(e)does not have a good and lawful reason to be at the premises.
(2)A direction under subsection (1) may not be given to an exempt person for the institution.
(3)The direction must include—
(a)the terms of the direction; and
(b)the ground for the direction; and
(c)the time during which the prohibited person may not re-enter the premises.
(4)The prohibited person must immediately comply with the direction, unless the prohibited person has a reasonable excuse.

Maximum penalty for subsection (4)—20 penalty units.

s 339 amd 2014 No. 62s 107

Division 5 Prohibition from entering premises of State instructional institutions for up to 60 days

340Prohibition from entering premises

(1)A State instructional institution’s principal may give a person (the prohibited person) a written direction requiring the prohibited person not to enter the premises of the institution for up to 60 days after the day on which the direction is given if the principal is reasonably satisfied that, unless the direction is given, the prohibited person is likely—
(a)to cause physical harm to, or apprehension or fear of physical harm in, another person when the other person is at the premises; or
(b)to damage the premises or property at the premises; or
(c)to disrupt the good order or management of the institution.
(2)A direction under subsection (1) may not be given to an exempt person for the institution.
(3)The direction must state—
(a)the terms of the direction; and
(b)the ground for the direction; and
(c)an outline of the facts and circumstances forming the basis for the ground; and
(d)the time the direction is to remain in force.
(4)The direction must be accompanied by an information notice about the principal’s decision to give the direction.
(5)The direction has no effect until the principal gives it to the prohibited person.
(6)The prohibited person must comply with the direction, unless the prohibited person has a reasonable excuse.

Maximum penalty for subsection (6)—30 penalty units.

s 340 amd 2009 No. 24s 141; 2014 No. 62s 108

340AChief executive may prohibit person from entering premises

(1)This section applies if a State instructional institution’s principal, or the chief executive, reasonably believes it would be appropriate for the chief executive to exercise the power to give a person a written direction mentioned in section 340 .

Example—

It would be appropriate for the chief executive to exercise the power if the principal was prevented from doing so by the principles of natural justice relating to bias.
(2)The chief executive may exercise the power.
(3)Section 340 applies as if a reference in that section to the principal were a reference to the chief executive.

s 340A ins 2014 No. 62s 109

Division 6 Prohibition from entering premises of State instructional institutions for more than 60 days, but not more than 1 year

341Prohibition from entering premises

(1)The chief executive may give a person (the prohibited person) a written direction requiring the prohibited person not to enter the premises of a State instructional institution for more than 60 days, but not more than 1 year, after the day on which the direction is given if the chief executive is reasonably satisfied that, unless the direction is given, the prohibited person is likely to—
(a)cause physical harm to, or apprehension or fear of physical harm in, another person when the other person is at the premises; or
(b)damage the premises or property at the premises; or
(c)disrupt the good order or management of the institution.
(2)A direction under subsection (1) may not be given to an exempt person for the institution.
(3)The direction must state—
(a)the terms of the direction; and
(b)the ground for the direction; and
(c)an outline of the facts and circumstances forming the basis for the ground; and
(d)the time the direction is to remain in force.
(4)The direction must state the matters mentioned in section 157 (2)(a) to (e) of the QCAT Act as if a reference in the section to the decision were a reference to the direction.
(5)The direction has no effect until the chief executive gives it to the prohibited person.
(6)The prohibited person must comply with the direction, unless the prohibited person has a reasonable excuse.

Maximum penalty for subsection (6)—40 penalty units.

s 341 amd 2009 No. 24s 142

sub 2014 No. 62s 110

342[Repealed]

s 342 om 2009 No. 24s 143

Part 6 Directions and orders about conduct or movement at, or entry to, premises of non-State schools

pt hdg (prev pt 7 hdg) renum 2009 No. 24s 144

Division 1 Preliminary

343Definitions for pt 6

In this part—
employee, of a non-State school’s governing body, means—
(a)an employee of, or a contractor for, the governing body; or
(b)an employee, or subcontractor, of a contractor mentioned in paragraph (a).
exempt person, for a non-State school, means—
(a)a student of the school; or
(b)an employee of the school’s governing body engaged to perform work at the school’s premises.
review body, of a non-State school, see section 343A .

def review body ins 2014 No. 62s 111(2)

s 343 amd 2014 No. 62s 111(1) (amdt could not be given effect)

343AMeaning of review body

(1)In this part, a review body of a non-State school is—
(a)if the school’s governing body has nominated a person to conduct a review—the nominee; or
(b)otherwise—the school’s governing body.
(2)For subsection (1)(a), a nominee must not be the school’s principal.

s 343A ins 2014 No. 62s 112

Division 2 Powers relating to name and address

344Person may be required to state name and address

(1)If a non-State school’s principal proposes to give a direction under section 346 or 348 to a person at the institution’s premises, the principal may require the person to state the person’s name and residential address.
(2)When making the requirement under subsection (1), the principal must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.
(3)The principal may require the person to give evidence of the correctness of the person’s stated name or residential address if the principal reasonably suspects the stated name or address is false.
(4)A person must comply with a requirement made of the person under subsection (1) or (3), unless the person has a reasonable excuse.

Maximum penalty for subsection (4)—10 penalty units.

345[Repealed]

s 345 om 2014 No. 62s 113

Division 3 Directions about conduct or movement at premises of non-State schools

346Direction about conduct or movement

(1)A non-State school’s principal may give a person (the directed person) a written direction about the directed person’s conduct or movement at the school’s premises for up to 30 days after the day on which the direction is given if the principal is reasonably satisfied it is necessary to give the direction—
(a)to ensure the safety or wellbeing of other persons lawfully at the premises; or
(b)to prevent or minimise damage to the premises or to property at the premises; or
(c)to maintain good order at the premises; or
(d)for the proper management of the school.
(2)A direction under subsection (1) may not be given to an exempt person for the school.
(3)The direction must state—
(a)the terms of the direction; and
(b)the ground for the direction; and
(c)an outline of the facts and circumstances forming the basis for the ground; and
(d)the time the direction is to remain in force; and
(e)that the directed person may apply to have the direction reviewed by the school’s review body—
(i)within 7 days after the directed person is given the direction; or
(ii)if the direction is for less than 7 days—before the direction ends; and
(f)the name and address of the school’s review body; and
(g)how the directed person may apply to have the direction reviewed.
(4)The direction has no effect until the principal gives it to the directed person.
(5)The directed person must comply with the direction, unless the directed person has a reasonable excuse.

Maximum penalty for subsection (5)—20 penalty units.

347Review of direction under s 346

(1)This section applies if a person is given a direction under section 346 by a non-State school’s principal.
(2)The person may apply in writing to the school’s review body for a review of the direction, but only—
(a)within 7 days after the person is given the direction; or
(b)if the direction is for less than 7 days—before the direction ends.
(3)The application must—
(a)state in detail the grounds on which the person wants the direction to be reviewed; and
(b)state the person’s residential address.
(4)After considering the grounds, the review body must make a decision (the review decision) to—
(a)confirm the direction; or
(b)cancel the direction.
(5)The review body must—
(a)make the review decision within 5 business days after the application is made; and
(b)as soon as practicable after the decision is made—
(i)tell the person and the school’s principal about the decision; and
(ii)give the person written notice of the decision.
(6)If the review body does not tell the person about the review decision under subsection (5)(b)(i) within 5 business days after the application is made, the review decision is taken to be that the direction is cancelled.

s 347 amd 2014 No. 62s 114

Division 4 Directions to leave and not re-enter premises of non-State schools for 24 hours

348Direction to leave and not re-enter

(1)A non-State school’s principal may give a person (the prohibited person) an oral direction requiring the prohibited person to immediately leave and not re-enter the school’s premises for 24 hours after the time of the direction if the principal reasonably suspects the prohibited person—
(a)has committed, or is about to commit, an offence at the premises; or
(b)has used, or is about to use, threatening, abusive or insulting language towards another person at the premises; or
(c)has engaged, or is about to engage, in threatening or violent behaviour towards another person at the premises; or
(d)has otherwise disrupted, or is about to disrupt, good order at the premises; or
(e)does not have a good and lawful reason to be at the premises.
(2)A direction under subsection (1) may not be given to an exempt person for the school.
(3)The direction must include—
(a)the terms of the direction; and
(b)the ground for the direction; and
(c)the time during which the prohibited person may not re-enter the premises.
(4)The prohibited person must immediately comply with the direction, unless the prohibited person has a reasonable excuse.

Maximum penalty for subsection (4)—20 penalty units.

s 348 amd 2014 No. 62s 115

Division 5 Prohibition from entering premises of non-State schools for up to 60 days

349Prohibition from entering premises

(1)A non-State school’s principal may give a person (the prohibited person) a written direction requiring the prohibited person not to enter the school’s premises for up to 60 days after the day on which the direction is given if the principal is reasonably satisfied that, unless the direction is given, the prohibited person is likely—
(a)to cause physical harm to, or apprehension or fear of physical harm in, another person when the other person is at the premises; or
(b)to damage the premises or property at the premises; or
(c)to disrupt the good order or management of the school.
(2)A direction under subsection (1) may not be given to an exempt person for the school.
(3)The direction must state—
(a)the terms of the direction; and
(b)the ground for the direction; and
(c)an outline of the facts and circumstances forming the basis for the ground; and
(d)the time the direction is to remain in force.
(4)The direction has no effect until the principal gives it to the prohibited person.
(5)The prohibited person must comply with the direction, unless the prohibited person has a reasonable excuse.

Maximum penalty for subsection (5)—30 penalty units.

s 349 amd 2009 No. 24s 145; 2014 No. 62s 116

349ANon-State school’s governing body or nominee may prohibit person from entering premises

(1)This section applies if a non-State school’s principal, or a non-State school’s governing body, reasonably believes it would be appropriate for the governing body, or its nominee for this subsection, to exercise the power to give a person a written direction mentioned in section 349 .

Example—

It would be appropriate for the governing body or nominee to exercise the power if the principal was prevented from doing so by the principles of natural justice relating to bias.
(2)The governing body or nominee may exercise the power.
(3)Section 349 applies as if a reference in that section to the principal were a reference to the governing body or nominee.
(4)For subsection (1), a nominee of a non-State school’s governing body must not be the school’s principal.

s 349A ins 2014 No. 62s 117

349BReview of written direction

(1)This section applies if a person is given a written direction by—
(a)a non-State school’s principal under section 349 ; or
(b)a non-State school’s governing body or its nominee under section 349A .
(2)The person may apply in writing to the school’s review body for a review of the direction.
(3)The application must—
(a)be made within 30 school days after the person is given the direction; and
(b)state in detail the grounds on which the person wants the direction to be reviewed; and
(c)state the person’s residential address.
(4)The review body may extend the time for making the application.
(5)Within 40 school days after the making of the application, the review body must consider the grounds and make a decision to—
(a)confirm the direction; or
(b)vary the direction; or
(c)substitute another direction for the original direction.
(6)The review body must make the decision on the material that led to the original direction and any other material the review body considers relevant.
(7)The review body must give the person and the school’s principal written notice of the decision.
(8)The written notice must state the matters mentioned in section 157 (2)(a) to (e) of the QCAT Act for the decision.
(9)If the written direction was given by the school’s governing body or its nominee, the review body must not be the governing body or nominee.

s 349B ins 2014 No. 62s 117

Division 6 Prohibition from entering premises of non-State schools for more than 60 days, but not more than 1 year

350Prohibition from entering premises

(1)A non-State school’s governing body, or its nominee for this subsection, may give a person (the prohibited person) a written direction requiring the prohibited person not to enter the premises of the school for more than 60 days, but not more than 1 year, after the day on which the direction is given if the governing body or nominee is reasonably satisfied that, unless the direction is given, the prohibited person is likely to—
(a)cause physical harm to, or apprehension or fear of physical harm in, another person when the other person is at the premises; or
(b)damage the premises or property at the premises; or
(c)disrupt the good order or management of the school.
(2)A direction under subsection (1) may not be given to an exempt person for the school.
(3)The direction must state—
(a)the terms of the direction; and
(b)the ground for the direction; and
(c)an outline of the facts and circumstances forming the basis for the ground; and
(d)the time the direction is to remain in force.
(4)The direction must state the matters mentioned in section 157 (2)(a) to (e) of the QCAT Act as if a reference in the section to the decision were a reference to the direction.
(5)The direction has no effect until the governing body or nominee gives it to the prohibited person.
(6)The prohibited person must comply with the direction, unless the prohibited person has a reasonable excuse.

Maximum penalty for subsection (6)—40 penalty units.

s 350 amd 2009 No. 24s 146

sub 2014 No. 62s 118

351[Repealed]

s 351 om 2009 No. 24s 147

Part 7 Prohibition from entering premises of all State instructional institutions and non-State schools for up to 1 year

pt hdg (prev pt 8 hdg) renum 2009 No. 24s 148

352Prohibition from entering premises of all State instructional institutions and non-State schools

(1)The chief executive may apply to QCAT for an order prohibiting a person from entering the premises of all State instructional institutions and non-State schools for up to 1 year.
(2)An application under subsection (1) may not be made in relation to a person who is a student of a State instructional institution or non-State school.
(3)QCAT may make the order if QCAT is satisfied, on the balance of probabilities, that the person poses an unacceptable risk to the safety or wellbeing of members of school communities in general.

s 352 amd 2009 No. 24s 149

353Prohibition from entering premises of all State instructional institutions

(1)The chief executive may apply to QCAT for an order prohibiting a person from entering the premises of all State instructional institutions for up to 1 year.
(2)An application under subsection (1) may not be made in relation to a person who is a student of a State instructional institution.
(3)QCAT may make the order if QCAT is satisfied, on the balance of probabilities, that the person poses an unacceptable risk to the safety or wellbeing of members of school communities of the institutions in general.

s 353 amd 2009 No. 24s 150

354[Repealed]

s 354 om 2009 No. 24s 151

Part 8 Provisions relating to parts 5 to 7

pt hdg ins 2009 No. 24s 152

355Non-application of pts 5 and 6 to particular persons

Parts 5 and 6 do not apply to a person in relation to the exercise by the person of the person’s powers under an Act at the premises of a State instructional institution or non-State school.

s 355 sub 2009 No. 24s 153

356Notification of application or direction

(1)Subsection (2) applies if an application is made under section 352 or 353 in relation to a child.
(2)The applicant must, as soon as practicable after making the application, give a parent of the child notice of the application, unless a parent can not be found after reasonable inquiry.
(3)Subsection (4) applies if a direction is given under section 340 , 341 , 349 or 350 to a child.
(4)The person who gives the direction must, as soon as practicable after giving the direction, give a parent of the child notice of the direction, unless a parent can not be found after reasonable inquiry.
(5)In this section—
parent, of a child, includes someone who is apparently a parent of the child.

s 356 amd 2014 No. 62s 119

357Noncompliance with QCAT order

A person who does not comply with an order of QCAT under section 352 or 353 commits an offence.

Maximum penalty—40 penalty units or 1 year’s imprisonment.

s 357 amd 2009 No. 24s 154); 2014 No. 62s 120

358Annual report of department to include report on various matters

(1)In the department’s annual report for a financial year, the chief executive must include details of—
(a)the number of directions given during the financial year under each of sections 337 , 339 , 340 and 341 , including the number given to children; and
(b)the number of orders made during the financial year under each of sections 352 and 353 , including the number made in relation to children; and
(c)the number of applications made during the financial year under section 338 , including the number made by children; and
(d)the number of directions confirmed during the financial year under section 338 , including the number of the directions that had been given to children; and
(e)the number of directions cancelled during the financial year under section 338 , including the number of the directions that had been given to children.
(2)Also, in the annual report, the chief executive must include the information obtained by the Minister under section 359 for the financial year.

s 358 amd 2014 No. 62s 121

359Non-State school’s governing body to give particular information to Minister

A non-State school’s governing body must, within 2 months after the end of a financial year, give the following information to the Minister—
(a)the number of directions, relating to the school, given during the financial year under each of sections 346 , 348 , 349 and 350 , including the number given to children;
(b)the number of applications, relating to the school, made during the financial year under each of sections 347 and 349B , including the number made by children;
(c)the number of directions, relating to the school, confirmed during the financial year under each of sections 347 and 349B , including the number of the directions that had been given to children;
(d)the number of directions, relating to the school, cancelled during the financial year under each of sections 347 and 349B , including the number of the directions that had been given to children.

s 359 amd 2014 No. 62s 122

Part 9 Dress code

pt hdg prev pt 9 hdg om 2009 No. 24s 152

pres pt 9 hdg (prev pt 10 hdg) renum 2009 No. 24s 156

360Development of dress code

(1)A State school’s principal may develop a dress code for the school’s students that is to apply when the students are attending, or representing, the school.
(2)The dress code may provide for the following—
(a)standards of what is acceptable in relation to the clothing worn by the students, including headwear and footwear;
(b)standards of what is acceptable in relation to other aspects of the personal presentation of the students.
(3)In developing the dress code, the principal must consult with the following persons—
(a)the parents of children enrolled at the school;
(b)the school’s staff and students.
(4)Also, in developing the dress code, the principal must ensure the dress code is consistent with any guidelines made under section 361 .

361Guidelines for dress code

(1)The chief executive may make guidelines about dress codes for State schools.
(2)Issues that may be addressed by a guideline include the following—
(a)the scope of operation of a dress code;
(b)the extent of consultation to be undertaken by a State school’s principal when developing a dress code;
(c)the issues to be considered in the development of a dress code, including, for example—
(i)the availability and affordability of items of clothing; and
(ii)the functionality of items of clothing; and
(iii)health and safety issues; and
(iv)anti-discrimination issues; and
(v)the process to be followed in dealing with the special circumstances of particular students;
(d)the consistency of a dress code with other Acts or laws;
(e)the consistency of a dress code with government policies;
(f)the ongoing monitoring of the operation of a dress code.
(3)A guideline may be amended or replaced by a later guideline made under this section.
(4)A guideline must be made available to each principal of a State school.

362Noncompliance with dress code

(1)This section applies if a student of a State school does not comply with a dress code for the school’s students.
(2)The noncompliance can not be a ground for any of the following—
(a)suspending the student under part 3, division 2;
(b)excluding the student under part 3, division 3 or 4;
(c)cancelling the student’s enrolment under part 3, division 8.

s 362 amd 2009 No. 24s 155

sub 2013 No. 59s 25

363Dress code to be available for inspection

(1)A State school’s principal must keep an up-to-date copy of a dress code for the school’s students developed under section 360 available for inspection, free of charge, by interested persons at the school’s administration office.
(2)The plan may be made available in written or electronic form.

Part 10 Reporting of sexual abuse

pt hdg (prev pt 11 hdg) renum 2009 No. 24s 156

364Definitions for pt 10

In this part—
director, of a non-State school’s governing body, means a director of the governing body within the meaning of the Education (Accreditation of Non-State Schools) Act 2001 , section 7AA.

def director ins 2011 No. 39s 7(2)

employee, of a State school, means a person engaged to carry out work at the school for financial reward.

def employee amd 2011 No. 39s 7(3)

relevant person means a person mentioned in section 365 (1)(a) to (c), 365A(1)(a) to (c), 366(1)(a) to (c) or 366A(1)(a) to (c).

def relevant person ins 2011 No. 39s 7(2)

sexual abuse, in relation to a relevant person, includes sexual behaviour involving the relevant person and another person in the following circumstances—
(a)the other person bribes, coerces, exploits, threatens or is violent toward the relevant person;
(b)the relevant person has less power than the other person;
(c)there is a significant disparity between the relevant person and the other person in intellectual capacity or maturity.

def sexual abuse ins 2011 No. 39s 7(2)

s364 sub 2011 No. 39s 7(1); 2014 No. 62s 47

365Obligation to report sexual abuse of person under 18 years at State school

(1)Subsection (2) applies if a staff member of a State school (the first person) becomes aware, or reasonably suspects, in the course of the staff member’s employment at the school, that any of the following has been sexually abused by another person—
(a)a student under 18 years attending the school;
(b)a pre-preparatory age child registered in—
(i)a pre-preparatory learning program at the school; or
(ii)a distance education pre-preparatory learning program at the school;
(c)a person with a disability who—
(i)under section 420 (2), is being provided with special education at the school; and
(ii)is not enrolled in the preparatory year at the school.
(2)The first person must give a written report about the abuse, or suspected abuse, to the school’s principal or the principal’s supervisor—
(a)immediately; and
(b)if a regulation is in force under subsection (3), as provided under the regulation.

Maximum penalty—20 penalty units.

(2A)However, if the first person is the school’s principal, the principal must give a written report about the abuse, or suspected abuse, to a police officer—
(a)immediately; and
(b)if a regulation is in force under subsection (3), as provided under the regulation.

Maximum penalty—20 penalty units.

(3)A regulation may prescribe the particulars the report must include.
(4)A State school’s principal or a principal’s supervisor must immediately give a copy of a report given to the principal or supervisor under subsection (2) to a police officer.

Maximum penalty—20 penalty units.

(4A)Subsection (5) applies if the report is about abuse by an employee of a State school.
(5)The principal or principal’s supervisor must also immediately give a copy of the report to a person nominated by the chief executive for the purpose (the chief executive’s nominee).

Maximum penalty—20 penalty units.

(6)A person who makes a report under subsection (2) or (2A), or gives a copy of a report under subsection (4) or (5), is not liable, civilly, criminally or under an administrative process, for giving the information contained in the report to someone else.
(7)Without limiting subsection (6)—
(a)in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and
(b)if the person would otherwise be required to maintain confidentiality about the given information under an Act, oath, rule of law or practice—the person does not contravene the requirement by giving the information.

s 365 amd 2009 No. 40s 10; 2011 No. 39s 8; 2012 No. 35s 12

365AObligation to report likely sexual abuse of person under 18 years at State school

(1)Subsection (2) applies if a staff member of a State school (the first person) reasonably suspects, in the course of the staff member’s employment at the school, that any of the following is likely to be sexually abused by another person—
(a)a student under 18 years attending the school;
(b)a pre-preparatory age child registered in—
(i)a pre-preparatory learning program at the school; or
(ii)a distance education pre-preparatory learning program at the school;
(c)a person with a disability who—
(i)under section 420 (2), is being provided with special education at the school; and
(ii)is not enrolled in the preparatory year at the school.
(2)The first person must give a written report about the first person’s suspicion to the school’s principal or the principal’s supervisor—
(a)immediately; and
(b)if a regulation is in force under subsection (4), as provided under the regulation.
(3)However, if the first person is the school’s principal, the principal must give a written report about the suspicion to a police officer—
(a)immediately; and
(b)if a regulation is in force under subsection (4), as provided under the regulation.
(4)A regulation may prescribe the particulars the report must include.
(5)A State school’s principal or a principal’s supervisor must immediately give a copy of a report given to the principal or supervisor under subsection (2) to a police officer.
(6)Subsection (7) applies if the report is about a suspicion of likely abuse by an employee of a State school.
(7)The principal or principal’s supervisor must also immediately give a copy of the report to a person nominated by the chief executive for the purpose (the chief executive’s nominee).
(8)A person who makes a report under subsection (2) or (3), or gives a copy of a report under subsection (5) or (7), is not liable, civilly, criminally or under an administrative process, for giving the information contained in the report to someone else.
(9)Without limiting subsection (8)—
(a)in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and
(b)if the person would otherwise be required to maintain confidentiality about the given information under an Act, oath, rule of law or practice—the person does not contravene the requirement by giving the information.
(10)To remove any doubt, it is declared that a person does not commit an offence against this or another Act only because the person omits to do an act required under this section.

s 365A ins 2011 No. 39s 9 (amd 2012 No. 35s 3)

366Obligation to report sexual abuse of person under 18 years at non-State school

(1)Subsection (2) applies if a staff member of a non-State school (the first person) becomes aware, or reasonably suspects, in the course of the staff member’s employment at the school, that any of the following has been sexually abused by another person—
(a)a student under 18 years attending the school;
(b)a pre-preparatory age child registered in a pre-preparatory learning program at the school;
(c)a person with a disability who—
(i)under section 420 (2), is being provided with special education at the school; and
(ii)is not enrolled in the preparatory year at the school.
(2)The first person must give a written report about the abuse, or suspected abuse, to the school’s principal or a director of the school’s governing body—
(a)immediately; and
(b)if a regulation is in force under subsection (3), as provided under the regulation.

Maximum penalty—20 penalty units.

(2A)However, if the first person is the school’s principal, the principal must give a written report about the abuse, or suspected abuse, to a police officer—
(a)immediately; and
(b)if a regulation is in force under subsection (3), as provided under the regulation.

Maximum penalty—20 penalty units.

(2B)If subsection (2A) applies, the principal must also immediately give a copy of the report to a director of the school’s governing body.

Maximum penalty—20 penalty units.

(3)A regulation may prescribe the particulars the report must include.
(4)A non-State school’s principal or a director of a non-State school’s governing body must immediately give a copy of a report given to the principal or director under subsection (2) to a police officer.

Maximum penalty—20 penalty units.

(5)A person who makes a report under subsection (2) or (2A), or gives a copy of a report under subsection (2B) or (4), is not liable, civilly, criminally or under an administrative process, for giving the information contained in the report to someone else.
(6)Without limiting subsection (5)—
(a)in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and
(b)if the person would otherwise be required to maintain confidentiality about the given information under an Act, oath, rule of law or practice—the person does not contravene the requirement by giving the information.

s 366 amd 2009 No. 40s 11; 2011 No. 39s 10

366AObligation to report likely sexual abuse of person under 18 years at non-State school

(1)Subsection (2) applies if a staff member of a non-State school (the first person) reasonably suspects, in the course of the staff member’s employment at the school, that any of the following is likely to be sexually abused by another person—
(a)a student under 18 years attending the school;
(b)a pre-preparatory age child registered in a pre-preparatory learning program at the school;
(c)a person with a disability who—
(i)under section 420 (2), is being provided with special education at the school; and
(ii)is not enrolled in the preparatory year at the school.
(2)The first person must give a written report about the first person’s suspicion to the school’s principal or a director of the school’s governing body—
(a)immediately; and
(b)if a regulation is in force under subsection (5), as provided under the regulation.
(3)However, if the first person is the school’s principal, the principal must give a written report about the suspicion to a police officer—
(a)immediately; and
(b)if a regulation is in force under subsection (5), as provided under the regulation.
(4)If subsection (3) applies, the principal must also immediately give a copy of the report to a director of the school’s governing body.
(5)A regulation may prescribe the particulars the report must include.
(6)A non-State school’s principal or a director of a non-State school’s governing body must immediately give a copy of a report given to the principal or director under subsection (2) to a police officer.
(7)A person who makes a report under subsection (2) or (3), or gives a copy of a report under subsection (4) or (6), is not liable, civilly, criminally or under an administrative process, for giving the information contained in the report to someone else.
(8)Without limiting subsection (7)—
(a)in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and
(b)if the person would otherwise be required to maintain confidentiality about the given information under an Act, oath, rule of law or practice—the person does not contravene the requirement by giving the information.
(9)To remove any doubt, it is declared that a person does not commit an offence against this or another Act only because the person omits to do an act required under this section.

s 366A ins 2011 No. 39s 11 (amd 2012 No. 35s 4)

366BDelegation of director’s reporting function under s 366 or 366A

(1)Subsection (2) applies if a non-State school’s governing body has only one director.
(2)The director may delegate, to an appropriately qualified individual, the director’s function.
(3)Subsection (4) applies if a non-State school’s governing body has more than one director.
(4)All of the directors may, by unanimous resolution, delegate the directors’ function to an appropriately qualified individual.
(4A)However, the director or directors must not delegate the function to the principal or any other staff member of the non-State school.
(5)If a delegate commits an offence against section 366 (4), the delegator also commits the offence.
(6)However, it is a defence for the delegator to prove the delegator took all reasonable steps to ensure the delegate complied with the section.
(7)In this section—
function, of a director of a non-State school’s governing body, means the director’s function of receiving a report and giving a copy of the report to a police officer under section 366 or 366A .

s 366B ins 2011 No. 39s 11

amd 2014 No. 62s 48

Chapter 13 Schools in receipt of subsidy

Part 1 Preliminary

367Definitions for ch 13

In this chapter—
allowance includes a grant, subsidy or supplement.
approved policy means a policy approved by the Minister under section 369 .
overpayment means an amount, or part of an amount, paid to the governing body of a non-State school under section 368(1)(b) to which the governing body was not entitled under an approved policy.

def overpayment ins 2016 No. 46 s 11

Part 2 Scholarships and allowances

368Provision of scholarships and payment of allowances

(1)The Minister may, under an approved policy—
(a)provide scholarships to be competed for by prospective students, or students, of a school in receipt of subsidy; or
(b)pay an allowance to the governing body of a non-State school in receipt of subsidy for its use in the operation of the school; or
(c)pay an allowance to a person to offset the person’s costs in attending a State school or non-State school; or
(d)pay an allowance to a person to offset the person’s costs in receiving home education under chapter 9, part 5; or
(e)pay an allowance to a person operating a student hostel to defray the costs of operating the hostel; or
(f)pay an allowance or subsidy to a person to offset the person’s costs in participating in a distance education pre-preparatory learning program under chapter 19, part 1A.

Example of costs that may be offset for paragraph (f)—

computer hardware, internet or phone expenses
(2)An allowance paid to the governing body of a non-State school under subsection (1)(b) is subject to a condition that the governing body must repay an overpayment to the State in accordance with an approved policy.
(2A)The Minister may pay an allowance under subsection (1)(b) on any other reasonable conditions the Minister considers appropriate.
(2B) If an overpayment is made to a governing body, the amount of the overpayment is a debt owed by the governing body to the State and may be recovered from the governing body by the chief executive.
(3)In this section—
student hostel means a hostel for the accommodation of students attending a school in receipt of subsidy.

s 368 amd 2012 No. 35s 13; 2016 No. 46 s 12

369Minister’s policy

(1)The Minister may approve a policy about the following—
(a)the criteria to be satisfied for the provision of a scholarship, or payment of an allowance, under section 368 ;
(b)the basis for calculating the amount of the scholarship or allowance;
(c)how a person may apply to the Minister for the scholarship or allowance;
(d)how to deal with an amount the Minister considers is an overpayment, including—
(i)a thing required to be done by an overpaid governing body in relation to repaying the overpayment to the State; and
(ii)a process to be followed by the State to recover an overpayment from an overpaid governing body.
(2)The chief executive must keep a copy of a policy approved under subsection (1) available for inspection and permit a person—
(a)to inspect the policy without fee; and
(b)to take extracts from the policy without fee.
(3)For subsection (2)—
(a)a copy of the policy—
(i)must be kept at the head office of the department; and
(ii)may be kept at any other place the chief executive considers appropriate; and
(b)the copy kept under paragraph (a) must be available for inspection during office hours on business days for the office or place.
(4)Also, the chief executive must keep a copy of a policy approved under subsection (1) available for supply to a person and permit a person to obtain a copy of the policy, or a part of the policy, without fee.
(5)In addition, the chief executive must keep a copy of a policy approved under subsection (1) posted on the department’s website on the internet.

s 369 amd 2016 No. 46 s 13

369AArrangements with funded entities

(1)This section applies if—
(a)the Commonwealth Minister makes a determination under the Commonwealth Act, section 110(1)(a) that the State must pay to the Commonwealth a specified amount; and
(b)the Commonwealth Minister makes the determination mentioned in paragraph (a) as a result of—
(i)non-compliance or a breach mentioned in the Commonwealth Act, section 108 by a funded entity; or
(ii)a payment mentioned in the Commonwealth Act, section 109 made to the State for a funded entity.
(2)The purpose of this section is to provide for an arrangement between the State and the funded entity for the purposes of the Australian Education Regulation 2013 (Cwlth), section 11(2).
(3)An arrangement is taken to be in place between the State and the funded entity providing that the amount mentioned in subsection (1)(a)—
(a)is a debt owing to the State by the funded entity; and
(b)may be recovered by the State from the funded entity as a debt.
(4)In this section—
Commonwealth Act means the Australian Education Act 2013 (Cwlth).
Commonwealth Minister means the Minister of the Commonwealth administering the Commonwealth Act.
funded entity means an authority or body mentioned in the Commonwealth Act, section 108.

s 369A ins 2016 No. 46 s 14

Part 3 Financial data

370Requirement to give financial data

(1)The purpose of this section is to enable the Minister to obtain information in relation to a non-State school in receipt of subsidy for deciding the amount of an allowance payable under section 368 (1)(b).
(2)The governing body of a non-State school in receipt of subsidy must on or before the day prescribed under a regulation give the Minister financial data, for the school, relating to the previous year of operation of the school.
(3)The data must be provided in the approved form.
(4)The source of the data must be the audited financial statements for the school’s governing body for the relevant year.
(5)Subsection (1) does not limit the matters the Minister may have regard to in deciding the amount of an allowance payable under section 368 (1)(b).
(6)Subsection (2) does not apply if the school has been in operation for less than the whole of the relevant year.

371Further information or documents relating to financial data

(1)This section applies to the governing body of a non-State school that has given financial data for the school to the Minister under section 370 .
(2)The Minister may by notice given to the governing body require it to give the Minister, within a reasonable time of at least 28 days stated in the notice, further information or a document the Minister reasonably requires about the data.
(3)The governing body must comply with the requirement within the stated time.

372False or misleading information or documents

(1)A school’s governing body must not under section 370 or 371 give information to the Minister the governing body knows is false or misleading in a material particular.

Maximum penalty—20 penalty units.

(2)A non-State school’s governing body must not under section 370 or 371 give the Minister a document containing information the governing body knows is false or misleading in a material particular.

Maximum penalty—20 penalty units.

(3)Subsection (2) does not apply to a school’s governing body if the governing body, when giving the document—
(a)tells the Minister, to the best of the governing body’s ability, how it is false or misleading; and
(b)if the governing body has, or can reasonably obtain, the correct information—gives the correct information.

373Confidentiality of financial data

(1)This section applies to the following persons—
(a)a person who is, or was, the Minister;
(b)another person who is, or was, involved in the administration of this part, including, for example, as a public service employee.
(2)The person must not disclose protected information to anyone else.

Maximum penalty—50 penalty units.

(3)Subsection (2) does not apply if—
(a)the information is disclosed—
(i)in the performance of functions under this part; or
(ii)with the written consent of the governing body of the school to which the information relates; or
(b)the information is otherwise publicly available; or
(c)the disclosure of the information is permitted or required under an Act or other law.
(4)In this section—
protected information means information disclosed to, or obtained by, a person to whom this section applies under section 370 or 371 .

Part 4 Giving of allowance acquittal details

374Allowance acquittal details

(1)This section applies to a non-State school for which an allowance is being paid under section 368 (1)(b).
(2)Within 6 months after the end of each year, the school’s governing body must, in the approved form, give the board allowance acquittal details for the school for the year.
(3)Without limiting subsection (2), the governing body is taken to comply with subsection (2) if the details are given to the board, on the governing body’s behalf, by an authorised nominee of the governing body.
(4)If the governing body does not comply with this section, the noncompliance is a ground for stopping payment of the allowance.
(5)In this section—
allowance acquittal details, for a non-State school for a year, means details of how the allowance has been expended, during the year, by the school’s governing body.

375Annual report

As soon as practicable after the end of each year, the board must give the Minister a written report about the details received by the board under section 374 relating to the year.

376Show cause notice

(1)Subsection (2) applies if the board believes the ground mentioned in section 374 (4) exists for stopping payment of the allowance.
(2)The board must give the governing body a notice (a show cause notice) stating the following—
(a)that the board proposes to make a recommendation that payment of the allowance be stopped (the proposed recommendation);
(b)the grounds for the proposed recommendation;
(c)an outline of the facts and circumstances forming the basis for the grounds;
(d)an invitation to the governing body to show, within a stated period (the show cause period), why the proposed recommendation should not be made.
(3)The show cause period must be a period ending at least 30 days after the show cause notice is given to the governing body.

377Representations about show cause notice

(1)The governing body may make written representations about the show cause notice to the board in the show cause period.
(2)The board must consider all written representations (the accepted representations) made under subsection (1).

378Ending show cause process without further action

If, after considering any accepted representations for the show cause notice, the board no longer believes the ground exists for stopping payment of the allowance, the board—
(a)must not take further action about the show cause notice; and
(b)must, as soon as practicable, give notice to the governing body that no further action is to be taken about the show cause notice.

379Recommendation by board

(1)This section applies if after considering any accepted representations for the show cause notice, the board still believes the ground exists for stopping payment of the allowance.
(2)This section also applies if there are no accepted representations for the show cause notice.
(3)The board must make a recommendation that payment of the allowance be stopped.
(4)The board must, as soon as practicable after making the recommendation, give the recommendation to the Minister.
(5)In this section—
recommendation includes reasons for the recommendation.

380Decision of Minister

(1)This section applies if the Minister receives a recommendation under section 379 (4).
(2)The Minister must decide whether payment of the allowance should be stopped.
(3)In making the decision, the Minister must have regard to, but is not bound by, the recommendation.
(4)If the Minister decides that payment of the allowance be stopped, the Minister must as soon as practicable give the board and governing body notice of the decision and reasons for the decision.
(5)If the Minister decides that payment of the allowance not be stopped, the Minister must as soon as practicable give the board and governing body notice of the decision.
(6)In this section—
recommendation includes reasons for the recommendation.

381Minister’s discretion not limited

(1)The ground mentioned in section 374 (4) for stopping payment of the allowance does not limit the Minister’s discretion to stop payment for another reason.
(2)Also, if the Minister decides under section 380 that payment of the allowance not be stopped, the decision does not limit the Minister’s discretion to stop payment at a later time.

Part 5 Other provisions

382False or misleading statement

(1)A person must not, for the purpose of obtaining a scholarship or allowance mentioned in section 368 (1), give information to the Minister or chief executive the person knows is false or misleading in a material particular.

Maximum penalty—5 penalty units.

(2)A person must not, for the purpose of obtaining a scholarship or allowance mentioned in section 368 (1), give the Minister or chief executive a document containing information the person knows is false or misleading in a material particular.

Maximum penalty—5 penalty units.

(3)Subsection (2) does not apply to a person if the person, when giving the document—
(a)tells the Minister or chief executive, to the best of the person’s ability, how it is false or misleading; and
(b)if the person has, or can reasonably obtain, the correct information—gives the correct information.

Chapter 14 Transfer notes

Part 1 Preliminary

383Definition for ch 14

In this chapter—
relevant person, for a student of a State school or non-State school, means—
(a)if the student is a child—a parent of the student; or
(b)if the student is an adult—the student.

384Meaning of transfer note

(1)A transfer note, for a former student or continuing student of a State school or non-State school, means a document in the approved form containing the information, including personal information, about the former student or continuing student of the type prescribed under a regulation.
(2)Without limiting subsection (1), a transfer note, for a former student or continuing student of a State school or non-State school, may include information about—
(a)the results of the assessment of the former student or continuing student in school studies; and
(b)behavioural issues relating to the former student or continuing student identified during the former student’s, or continuing student’s, attendance at a State school or non-State school.
(3)Information in a transfer note must be factual, succinct and objective.

s 384 amd 2006 No. 55s 19

385Purpose of giving transfer note

The purpose of giving the principal of a State school or non-State school a transfer note about a former student or continuing student of another State school or non-State school under this chapter is to provide information to the principal that will help the principal—
(a)ensure continuity of the student’s educational program; and
(b)meet the principal’s duty of care obligations in relation to the student and the school community.

Part 2 Request for transfer notes

386Cessation of enrolment

(1)Subject to subsection (3), subsection (2) applies if—
(a)the enrolment of a student (the former student) of a State school or non-State school is ceased at the request of the relevant person for the former student; and
(b)the relevant person for the former student, at the time of the request to cease enrolment, asks the school’s principal to give the relevant person for the former student a transfer note for the former student.
(2)The school’s principal must, as soon as practicable after cessation of the enrolment, prepare a transfer note for the former student and give the relevant person for the former student—
(a)the transfer note; and
(b)copies of the documents relating to the former student mentioned in the transfer note.
(3)However, subsection (4) applies if—
(a)the relevant person for the former student is a parent of the student; and
(b)the principal is reasonably satisfied it would be inappropriate to allow the parent to request that the enrolment cease or receive the transfer note and copies of the documents; and

Example—

It may be inappropriate for the parent to request that the enrolment cease or receive the transfer note and copies of the documents if the former student is living independently of his or her parents.
(c)the enrolment is ceased at the request of the former student; and
(d)the former student, at the time of the request to cease enrolment, asks the school’s principal to give the former student a transfer note for the former student.
(4)The school’s principal must, as soon as practicable after cessation of the enrolment, prepare a transfer note for the former student and give to the former student—
(a)the transfer note; and
(b)copies of the documents relating to the former student mentioned in the transfer note.

387Application for enrolment

(1)Subsection (3) applies if—
(a)the enrolment of a student (the former student) at a State school or non-State school (the previous school) has ceased and the former student has not been enrolled at a State school or non-State school since the cessation; and
(b)an application for the enrolment of the former student at a State school or non-State school (the new school) has been made.
(2)Subsection (3) also applies if—
(a)the enrolment of a student (the continuing student) at a State school or non-State school (also the previous school) is continuing; and
(b)an application for the enrolment of the continuing student at a State school or non-State school (also the new school) has been made.
(3)The new school’s principal may give the previous school’s principal a notice (the first notice), asking the previous school’s principal to give the new school’s principal a transfer note for the former student or continuing student.
(4)Within 10 school days after being given the first notice, the previous school’s principal must prepare a transfer note for the former student or continuing student and give to the new school’s principal—
(a)the transfer note; and
(b)copies of the documents relating to the former student or continuing student mentioned in the transfer note.
(5)The new school’s principal must, at the time of giving the first notice, also notify the relevant person for the former student or continuing student that the first notice has been given.
(6)However, if the relevant person for the former student or continuing student is a parent of the former student or continuing student, subsection (5) does not apply if the new school’s principal is reasonably satisfied it would be inappropriate in the circumstances to notify the parent that the first notice has been given.

Example—

It may be inappropriate, in certain circumstances, to notify a parent of the former student or continuing student that the first notice has been given if the former student or continuing student is living independently of his or her parents.
(7)If subsection (6) applies, the new school’s principal must notify the former student or continuing student that the first notice has been given.
(8)If requested by the relevant person for the former student or continuing student, the new school’s principal must, as soon as practicable after receiving the transfer note and copies of the documents mentioned in subsection (4)(b), give the relevant person for the student—
(a)a copy of the transfer note; and
(b)copies of the documents.
(9)However, if the relevant person for the former student or continuing student is a parent of the former student or continuing student, subsection (8) does not apply if the new school’s principal is reasonably satisfied it would be inappropriate in the circumstances to allow the parent to receive a copy of the transfer note and copies of the documents.

Example—

It may be inappropriate, in certain circumstances, to allow a parent of the former student or continuing student to receive a copy of the transfer note and copies of the documents if the former student or continuing student is living independently of his or her parents.
(10)If subsection (9) applies, the new school’s principal must, as soon as practicable after receiving the transfer note and copies of the documents mentioned in subsection (4)(b), give the former student or continuing student—
(a)a copy of the transfer note; and
(b)copies of the documents.

388Transfer of records between State schools

(1)This section applies if the enrolment of a student (the former student) at a State school (the previous school) has ceased and the former student is later enrolled at another State school (the new school).
(2)This part does not prevent the former school’s principal transferring records, in the possession of the former school’s principal, relating to the former student to the new school’s principal.

Part 3 Protection from liability

389Protection from liability

(1)A non-State school’s principal is not civilly liable for an act done, or omission made, honestly and without negligence under this chapter.

Note—

For protection from civil liability in relation to a State school’s principal—see the Public Service Act 2008 , section 26C.
(2)If subsection (1) prevents a civil liability attaching to a non-State school’s principal, the liability attaches instead to the school’s governing body.

s 389 sub 2014 No. 62s 49

Chapter 15 Internal and external reviews

ch hdg sub 2009 No. 24s 157

Part 1 Internal reviews of decisions by chief executive

pt hdg sub 2009 No. 24s 157

390Who may apply for review

A person who is given, or is entitled to be given, an information notice for a decision (the original decision) and who is dissatisfied with the decision may apply to the chief executive for a review of the decision.

391Application for review

(1)The application must be made—
(a)if the person is given an information notice about the decision—within 30 school days after the person is given the information notice; or
(b)otherwise—within 30 school days after the person otherwise becomes aware of the decision.
(2)The chief executive may extend the time for making the application.
(3)The application must be in the approved form and supported by enough information to enable the chief executive to decide the application.

392Review decision

(1)Unless the chief executive made the original decision personally, the chief executive must ensure the application is not dealt with by—
(a)the person who made the original decision; or
(b)a person in a less senior office in the department than the person who made the original decision.
(2)Within 40 school days after the making of the application, the chief executive must review the original decision and make a decision (the review decision)—
(a)confirming the original decision; or
(b)amending the original decision; or
(c)substituting another decision for the original decision.
(3)The chief executive must make the review decision on the material that led to the original decision and any other material the chief executive considers relevant.
(4)The chief executive must, as soon as practicable after making the review decision, give the applicant notice of the review decision.
(5)If the review decision is not the decision sought by the applicant, the notice must comply with the QCAT Act, section 157 (2).

s 392 amd 2009 No. 24s 158

Part 2 External reviews by QCAT

pt hdg sub 2009 No. 24s 159

393Application of pt 2

This part applies if the chief executive makes a review decision and the applicant is dissatisfied with the review decision.

394External review by QCAT

The applicant may apply, as provided under the QCAT Act, to QCAT for a review of the review decision.

s 394 sub 2009 No. 24s 160

395[Repealed]

s 395 om 2009 No. 24s 161

Part 3 External reviews of particular directions and decision

pt hdg amd 2009 No. 24s 162; 2014 No. 62s 123

396[Repealed]

s 396 om 2009 No. 24s 163

397Who may apply for external review

(1)A person who is given a direction under section 341 or 350 may apply to QCAT for a review of the direction.
(2)A person who is given written notice of a decision under section 349B may apply to QCAT for a review of the decision.

s 397 sub 2009 No. 24s 164; 2014 No. 62s 124

398Starting an external review

The application under section 397 must be made as provided under the QCAT Act.

s 398 sub 2009 No. 24s 165

399[Repealed]

s 399 om 2009 No. 24s 166

400[Repealed]

s 400 om 2009 No. 24s 166

Part 4 External review of decision under section 72 , 154 , 302 (3) or 309 (3)

pt hdg amd 2009 No. 24s 167; 2013 No. 59s 26; 2014 No. 62s 50

401Definition for pt 4

In this part—
aggrieved person means—
(a)a student aggrieved by the chief executive’s decision under section 72 , other than a student to whom section 72 (3)(b)(i) applies; or
(b)a student aggrieved by the chief executive’s decision under section 302 (3) or 309 (3) to exclude the student from all State schools; or
(c)a person who made a submission to the Minister about the person’s removal from an association and who is aggrieved by the Minister’s decision under section 154 .

def aggrieved person amd 2013 No. 59s 27; 2014 No. 62s 51

court ...

def court om 2009 No. 24s 168(2)

s 401 amd 2009 No. 24s 168(1)

402Review

An aggrieved person may apply, as provided under the QCAT Act, to QCAT for a review of the decision about which the person is aggrieved.

s 402 amd 2009 No. 24s 169

Chapter 16 Legal proceedings

Part 1 Evidence

403Application of pt 1

This part applies to a proceeding under this Act.

404Definition for pt 1

In this part—
authorised officer means a person who is an authorised officer under section 178 (6) or 241 (6).

405Appointments and authority

It is not necessary to prove the appointment of the chief executive or an authorised officer, or the authority of the chief executive or an authorised officer to do anything under this Act, unless a party to a proceeding under this Act, by reasonable notice, requires proof of the appointment or authority.

406Signatures

A signature purporting to be the signature of the chief executive or an authorised officer is evidence of the signature it purports to be.

407Other evidentiary aids

(1)A certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter—
(a)a stated document is—
(i)an approval, decision or requirement made under this Act; or
(ii)an exemption granted under section 185 ; or
(iii)an exemption granted under section 244 ; or
(iv)a notice given under this Act;
(b)a stated document is a copy of a document mentioned in paragraph (a);
(c)on a stated day, or during a stated period, an authorisation as an authorised officer was, or was not, in force for a stated person;
(d)on a stated day, or during a stated period, an exemption granted under section 185 for a stated child was, or was not, in force;
(e)on a stated day, or during a stated period, an exemption granted under section 244 for a stated young person was, or was not, in force;
(f)on a stated day, a stated person was given a stated notice under this Act;
(g)on a stated day, a stated requirement was made of a stated person;
(h)on a stated day, an institution was—
(i)a State educational institution; or
(ii)a State instructional institution; or
(iii)a State school.
(2)In a proceeding for an offence against section 176 (1)—
(a)a certificate purporting to be signed by a State school’s, or non-State school’s, principal—
(i)that a stated child is, or is not, enrolled at the school; or
(ii)stating the details of attendance of a stated child at the school;
is evidence of the matter; and
(b)a certificate purporting to be signed by the chief executive that the chief executive consents to the bringing of the proceeding is evidence of the consent; and
(c)a statement in a complaint that a child was of compulsory school age at the time of the offence is evidence of the matter.
(3)A certificate purporting to be signed by a non-State school’s principal and stating any of the following matters is evidence of the matter—
(a)a stated document is an exemption granted by the principal under section 185A or 244A ;
(b)a stated document is a copy of a document mentioned in paragraph (a);
(c)on a stated day, or during a stated period, an exemption granted by the principal under section 185A for a stated child was, or was not, in force;
(d)on a stated day, or during a stated period, an exemption granted by the principal under section 244A for a stated young person was, or was not, in force.

s 407 amd 2014 No. 62 ss 52, 125

Part 2 Offence proceedings

408Summary proceedings for offences

(1)A proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .
(2)The proceeding must start within the later of the following periods to end—
(a)1 year after the commission of the offence;
(b)6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.

409Statements at start of proceedings

(1)In a complaint starting a proceeding for an offence against this Act, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of when the matter came to the complainant’s knowledge.
(2)In a proceeding for an offence against this Act defined as involving false or misleading information, or a false or misleading document, it is enough for a charge to state that the information or document was, without specifying which, ‘false or misleading’.

410Evidence of chief executive’s consent

A certificate, purporting to be signed by the chief executive, that the chief executive consents to the bringing of proceedings for an offence against section 239 (1) is evidence of the consent.

Chapter 17 Minister’s powers

411Power of Minister to be member of entity

(1)The Minister, or a person authorised by the Minister for this section, may by invitation from or agreement with an entity—
(a)be a member of the entity if—
(i)its objects include education, research or any other matter associated with the process of learning or teaching (the relevant objects); or
(ii)in the opinion of the Minister, it is engaged in the promotion of education; and
(b)enter into an agreement with an entity whose objects include the relevant objects, in relation to the objects.
(2)If the Minister is a member of an entity under subsection (1)(a), the Minister may be a member of the governing body of the entity.
(3)The Minister may incur any expenses, or pay any contributions, that membership of an entity under subsection (1) requires.

412Establishment of advisory committees

The Minister may establish advisory committees to advise the Minister on any aspect of education.

413Forming or establishing entities for furthering education

(1)The Minister may form or establish, or participate in the forming or establishing of, an entity for any purpose that may directly or indirectly further education in any way.
(2)An entity formed or established under subsection (1) is a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .
(3)The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the powers under this Act of an entity formed or established under subsection (1) are affected by the Statutory Bodies Financial Arrangements Act 1982 .

s 413 amd 2009 No. 9s 136sch 1

Chapter 18 [Repealed]

ch 18 (ss 414–419) om 2014 No. 62s 53

414[Repealed]

ch 18 (ss 414–419) om 2014 No. 62s 53

415[Repealed]

ch 18 (ss 414–419) om 2014 No. 62s 53

416[Repealed]

ch 18 (ss 414–419) om 2014 No. 62s 53

417[Repealed]

ch 18 (ss 414–419) om 2014 No. 62s 53

418[Repealed]

ch 18 (ss 414–419) om 2014 No. 62s 53

419[Repealed]

ch 18 (ss 414–419) om 2014 No. 62s 53

Chapter 19 Miscellaneous

Part 1 Pre-preparatory learning program

pt 1 (ss 419A–419D) ins 2009 No. 40s 12

419APre-preparatory learning program

(1)The Minister may approve a program focused on literacy and numeracy, for preparing a child for education in the preparatory year, to be a pre-preparatory learning program for a prescribed State school or a prescribed non-State school.

Note—

See chapter 20, part 4 for programs being provided before commencement.
(2)The Minister may provide, or assist in providing the program, at a prescribed State school or a prescribed non-State school, to a pre-preparatory age child.
(3)A pre-preparatory age child being provided with a pre-preparatory learning program at a prescribed State school or a prescribed non-State school is not, for this Act—
(a)a student of the school; or
(b)enrolled at the school.
(4)The Minister must review the operation of this section within 5 years after its commencement to decide whether the section remains relevant and necessary.
(5)In this section—
pre-preparatory age child means a child who will be at least 4 years and 6 months on 31 December in the year proposed for the child’s participation in a pre-preparatory learning program.
prescribed non-State school means a non-State school that, immediately before the commencement of this section, was providing a program—
(a)focused on literacy and numeracy for preparing a child for education in the preparatory year; and
(b)approved by the Minister for the school.
prescribed State school means—
(a)a State school that, immediately before the commencement of this section, was providing a program—
(i)focused on literacy and numeracy for preparing a child for education in the preparatory year; and
(ii)approved by the Minister for the school; or
(b)a State school prescribed under a regulation.

pt 1 (ss 419A–419D) ins 2009 No. 40s 12

419BApplication for registration

An application for registration of a pre-preparatory age child in a pre-preparatory learning program, at a prescribed State school or a prescribed non-State school must be—
(a)made—
(i)to the principal of the school; and
(ii)in the approved form; and
(b)accompanied by—
(i)evidence, satisfactory to the principal, that the child is a pre-preparatory age child; and
(ii)any other documents, identified in the approved form, the principal reasonably requires to decide the application.

pt 1 (ss 419A–419D) ins 2009 No. 40s 12

419CDecision whether to register child

(1)The principal must consider an application under section 419B and decide whether to grant or refuse to grant the application.
(2)If the principal is satisfied it is in the child’s best interests to be registered in a pre-preparatory learning program at the school, the principal may register the child.
(3)Subsection (2) applies even if an application for registration of a child does not comply, or fully comply, with section 419B .
(4)The principal may refuse to register a child if, under section 419D , the child’s registration has been cancelled at another prescribed State school or prescribed non-State school.

pt 1 (ss 419A–419D) ins 2009 No. 40s 12

419DCancellation of registration for transfer to preparatory year

(1)This section applies if—
(a)a preparatory age child is registered in a pre-preparatory learning program at a prescribed State school or a prescribed non-State school; and
(b)the principal of the school is satisfied the child is too mature for the pre-preparatory learning program and would be better served educationally by being enrolled in the preparatory year.
(2)The principal may—
(a)cancel the child’s registration in the pre-preparatory learning program; and
(b)enrol the child in the preparatory year at the school.
(3)In this section—
preparatory age child means a child who has reached the age prescribed under a regulation for enrolment in the preparatory year at a State school or non-State school.

pt 1 (ss 419A–419D) ins 2009 No. 40s 12

Part 1A Distance education pre-preparatory learning program

pt 1A (ss 419E–419H) ins 2012 No. 35s 14

419EDistance education pre-preparatory learning program

The Minister may approve a program focused on literacy and numeracy, for preparing a child for education in the preparatory year, to be a distance education pre-preparatory learning program for a State school providing distance education.

pt 1A (ss 419E–419H) ins 2012 No. 35s 14

419FRegistration in programs

(1)A parent of a pre-preparatory age child may apply to register the child in a distance education pre-preparatory learning program provided by a State school.
(2)The application must be made, in the approved form, to the principal of the school.
(3)The principal may grant the application if satisfied—
(a)the child is—
(i)an Australian citizen or permanent resident; or
(ii)a child of an Australian citizen or permanent resident; and
(b)the child—
(i)lives, in the child’s principal place of residence, at least 16km by the most direct route by road from the nearest centre-based service catering to pre-preparatory aged children; or
(ii)has a medical certificate stating that the child is unable to attend a centre-based service for more than 10 consecutive weeks due to the child’s state of health; or
(iii)has an itinerant lifestyle.
(4)For subsection (3)(b)(iii), the child has an itinerant lifestyle only if, because of the nature of the occupation of a parent of the child—
(a)the child’s principal place of residence is likely to change at least twice during the registration year; or
(b)the child will have to spend a period of at least 10 weeks, or a number of periods of at least 2 weeks that total at least 10 weeks, away from the child’s principal place of residence during the registration year.

Example of an occupation for subsection (4)—

carnival worker, contract harvester or shearer
(5)The principal must give the applicant a notice of the principal’s decision to grant or refuse to grant the application.
(6)If the decision is to refuse to grant the application, the notice must include the principal’s reasons for the decision.
(7)In this section—
centre-based service means an education and care service other than a family day care service.
education and care service see the Education and Care Services National Law (Queensland), section 5 (1).
family day care service see the Education and Care Services National Law (Queensland), section 5 (1).
medical certificate means a certificate signed by—
(a)a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession other than as a student; or
(b)a medical practitioner.
permanent resident means the holder of a permanent visa as defined by the Migration Act 1958 (Cwlth), section 30 (1).
pre-preparatory age child means a child who will be at least 4 years and 6 months on 31 December in the child’s registration year.
registration year, for a child, means the year proposed for the child’s registration in a distance education pre-preparatory learning program.

pt 1A (ss 419E–419H) ins 2012 No. 35s 14

419GReview of decision to refuse to grant an application

(1)This section applies if a decision is made under section 419F to refuse to grant an application for registration.
(2)The applicant may apply to the chief executive, within 21 days after notice of the decision is given to the applicant under section 419F (5), for a review of the decision.
(3)The application must state fully the grounds for the submission and the facts relied on.
(4)After reviewing the decision, the chief executive must decide to—
(a)confirm the decision; or
(b)set aside the decision and grant the application.
(5)The chief executive must as soon as practicable give a notice to the applicant about the chief executive’s decision and the reasons for the decision.

pt 1A (ss 419E–419H) ins 2012 No. 35s 14

419HStatus of children registered in programs

A child registered in a distance education pre-preparatory learning program provided by a school is not, for this Act—
(a)a student of the school; or
(b)enrolled at the school; or
(c)enrolled in a program of distance education at the school.

pt 1A (ss 419E–419H) ins 2012 No. 35s 14

Part 2 Provision of special education in particular cases

pt hdg ins 2009 No. 40s 12

sub 2014 No. 62s 54

420Special education for people enrolled at non-State school or below compulsory school age

(1)The Minister may provide, or assist in the provision of, special education to a person with a disability who is enrolled at a non-State school.
(2)Also, subject to the agreement of a parent of a person with a disability who is below compulsory school age, the Minister may provide, or assist in the provision of, special education to the person with a disability.
(3)Subsection (4) applies to a person with a disability who—
(a)under subsection (2), is being provided with special education; and
(b)is not enrolled in the preparatory year at the school at which the special education is being provided.
(4)The person is not, for this Act—
(a)a student of the school; or
(b)enrolled at the school.
(5)In this section—
person with a disability means a person who is decided, under a policy mentioned in section 420A (1), to be a person with a disability.

s 420 amd 2009 No. 40s 13; 2014 No. 62s 55

420AMinister must approve policies

(1)The Minister must approve a policy about the criteria to be considered in deciding whether a person is a person with a disability because the person is unlikely to attain the levels of development of which the person is capable unless the person receives special education.
(2)The Minister may approve more than 1 policy under subsection (1) providing for criteria to be considered in deciding whether a person is a person with a disability for the purposes of section 420 (1) or (2).
(3)The chief executive must keep a copy of a policy approved under subsection (1) available for inspection and permit a person—
(a)to inspect the policy without fee; and
(b)to take extracts from the policy without fee.
(4)For subsection (3)—
(a)a copy of the policy—
(i)must be kept at the head office of the department; and
(ii)may be kept at any other place the chief executive considers appropriate; and
(b)the copy kept under paragraph (a) must be available for inspection during office hours on business days for the office or place.
(5)Also, the chief executive must supply a copy of a policy approved under subsection (1), or a part of the policy, to a person on request, without fee.
(6)In addition, the chief executive must keep a copy of a policy approved under subsection (1) on the department’s website.

s 420A ins 2014 No. 62s 56

Part 3 General

pt hdg ins 2014 No. 62s 57

421Transportation assistance for certain students

(1)The Minister may give assistance to an eligible student relating to his or her transportation to or from a school in receipt of subsidy.
(2)The ways the Minister may give the assistance include the following—
(a)paying to the student, or a parent of the student, all or part of the expenses of the transportation;
(b)making payments to a provider of the transportation;
(c)helping to organise or coordinate the transportation.
(3)In this section—
eligible student means a person who—
(a)is attending a school in receipt of subsidy; and
(b)has a disability that necessitates transport to or from the school by a means that takes account of the disability.

422Grants to entities

The Minister may give a grant to an entity for the purpose of—
(a)helping children to achieve their best learning outcomes; or
(b)promoting the re-engagement of children in education or training.

423Annual reporting by State school’s principal or non-State school’s governing body

(1)The Minister may approve a policy about the publication by a State school’s principal, or non-State school’s governing body, of an annual report containing—
(a)information relating to the school and its policies; and
(b)aggregate data about the student outcomes for all persons enrolled at the school in the previous year.
(2)A State school’s principal, or non-State school’s governing body, must comply with a policy approved under subsection (1).
(3)The chief executive must keep a copy of a policy approved under subsection (1) available for inspection and permit a person—
(a)to inspect the policy without fee; and
(b)to take extracts from the policy without fee.
(4)For subsection (3)—
(a)a copy of the policy—
(i)must be kept at the head office of the department; and
(ii)may be kept at any other place the chief executive considers appropriate; and
(b)the copy kept under paragraph (a) must be available for inspection during office hours on business days for the office or place.
(5)Also, the chief executive must keep a copy of a policy approved under subsection (1) available for supply to a person and permit a person to obtain a copy of the policy, or a part of the policy, without fee.
(6)In addition, the chief executive must keep a copy of a policy approved under subsection (1) posted on the department’s website on the internet.

424Parent and teacher discussions

(1)A State school’s, or non-State school’s, principal must ensure that a parent of each child enrolled at the school is given the opportunity, at least twice a year, to discuss the child’s educational performance at the school with the child’s teachers.
(2)Subsection (1) does not apply if the principal is satisfied it would be inappropriate in the circumstances to give the parent the opportunity.

Example—

It may be inappropriate to give the parent the opportunity if the child is living independently of his or her parents.

425Student reports

(1)A State school’s, or non-State school’s, principal must ensure that a written report on the educational performance at the school of a person enrolled at the school is given at least twice a year—
(a)if the person is a child—to a parent of the person; or
(b)if the person is an adult—to the person.
(2)Subsection (1)(a) does not apply, and the report must be given to the person, if the principal is satisfied it would be inappropriate in the circumstances for a parent of the person to be given the report.

Example—

It may be inappropriate for a parent of the person to be given the report if the person is living independently of his or her parents.

426Confidentiality

(1)This section applies to a person—
(a)who is or has been—
(i)the chief executive or a public service employee in the department; or
(ii)an employee of a State school; or
(iii)a minister, or an accredited representative, of a religious denomination or society mentioned in section 76 (1); or
(iv)a member of an association; and
(b)who, in that capacity, has gained or has access to personal information about—
(i)a student, prospective student or former student of a State school; or
(ii)a pre-preparatory age child—
(A)who is or has been registered in a pre-preparatory learning program at a State school; or
(B)for whom an application for registration has been made under section 419B ; or
(C)who is or has been registered in a distance education pre-preparatory learning program; or
(D)for whom an application for registration has been made under section 419F ; or
(iii)a person with a disability who—
(A)under section 420 (2), is being provided with special education at a State school; and
(B)is not enrolled in the preparatory year at the school; or
(iv)a child—
(A)who is or has been provisionally registered, or registered, for home education under chapter 9, part 5; or
(B)for whom an application for provisional registration, or registration, has been made under chapter 9, part 5.
(2)This section also applies to a person—
(a)who is or has been an employee of a relevant non-State school; and
(b)who, in that capacity, has gained or has access to personal information, contained in a transfer note, about—
(i)a former student or continuing student of the school; or
(ii)a pre-preparatory age child—
(A)who is or has been registered in a pre-preparatory learning program at the school; or
(B)for whom an application for registration has been made under section 419B ; or
(iii)a person with a disability who—
(A)under section 420 (2), is being provided with special education at the school; and
(B)is not enrolled in the preparatory year at the school.
(3)This section also applies to a person—
(a)who is or has been the chief executive or a public service employee in the department; and
(b)who, in that capacity, has gained or has access to personal information about a student, prospective student or former student of a recognised school.
(4)The person must not make a record of the information, use the information or disclose the information to anyone else, other than—
(a)for a purpose of this Act; or
(b)with the consent of the person to whom the information relates, or if the person is a child unable to consent, with the consent of a parent of the child; or
(c)in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or
(d)as permitted or required under subsection (4A) or another Act; or
(e)with the written consent of the chief executive, who may give the consent if he or she is reasonably satisfied the recording, use or disclosure is—
(i)necessary to assist in averting a serious risk to the life, health or safety of a person, including the person to whom the information relates; or
(ii)in the public interest; or
(iii)necessary for research, or the compilation or analysis of statistics, if—
(A)the research, compilation or analysis is in the public interest; and
(B)the recording, use or disclosure does not involve the publication of all or any of the information in a form that identifies a person to whom the information relates; and
(C)it is not practicable to obtain the express or implied agreement of each person to whom the information relates before the information is recorded, used or disclosed; and
(D)for a disclosure—the chief executive is reasonably satisfied the person to whom the information is disclosed will not disclose the information to anyone else.

Maximum penalty—50 penalty units.

(4A)The chief executive may disclose the information to a law enforcement agency if the chief executive is reasonably satisfied the disclosure is necessary for the prevention, detection, investigation, prosecution or punishment of a criminal offence or a breach of a law imposing a penalty or sanction.
(5)In this section—
disclose, information, includes give access to the information.
employee, of a State school or relevant non-State school, includes—
(a)a person appointed to a position with the school; and
(b)a person engaged by the chief executive, the State school’s principal, or the relevant non-State school’s governing body, under a contract for services; and
(c)a volunteer who performs a task for the school at any place.
law enforcement agency see the Information Privacy Act 2009 , schedule 5, definition law enforcement agency, paragraph (a).
personal information means information or an opinion, whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
recognised school see the E(QCAA) Act, schedule 1.
relevant non-State school means a non-State school, the governing body of which is not an organisation within the meaning of the Privacy Act 1988 (Cwlth), section 6C.

s 426 amd 2009 No. 39s 14; 2009 No. 40s 14; 2012 No. 35s 15; 2014 No. 3s 114sch 1 pt 2; 2014 No. 62s 58

427Homework guidelines for State schools

(1)The chief executive may make guidelines about homework for State schools.
(2)Issues that may be addressed by a guideline include the following—
(a)the purpose of homework;
(b)homework approaches appropriate to each stage of learning at a State school;
(c)the setting of homework tasks for a student appropriate to the student’s ability;
(d)the recommended amount of time a student should be expected to spend on homework;
(e)the responsibilities of teachers, parents and students in relation to homework;
(f)the development and implementation of a homework policy by a State school’s principal.
(3)A guideline may be amended or replaced by a later guideline made under this section.
(4)A guideline must be made available to each principal of a State school.

428Collection of demographic information

(1)The chief executive may collect demographic information about any of the following and their parents if the only purpose of the collection is to give effect to, or manage, an education funding arrangement—
(a)State school students;
(b)a pre-preparatory age child registered in—
(i)a pre-preparatory learning program at a State school; or
(ii)a distance education pre-preparatory learning program;
(c)persons with a disability who—
(i)under section 420 (2), are being provided with special education at a State school; and
(ii)are not enrolled in the preparatory year at the school.
(2)To remove any doubt, it is declared that subsection (1) does not prevent the collection by the chief executive of demographic information about the persons mentioned in subsection (1) for a purpose of this Act.
(3)In this section—
education funding arrangement means a funding arrangement for educational services provided by the State entered into between the Commonwealth and the State.

s 428 amd 2009 No. 40s 15; 2012 No. 35s 16

429Chief executive’s directions about State school records and reports

A State school’s principal must comply with the chief executive’s written directions to the principal about the following matters—
(a)the school records that must be kept;
(b)the reports about the school that must be given to the chief executive;
(c)the times by which, and the way in which, the records must be kept or the reports given.

429AProhibition on use of particular terms

(1)This section concerns the use of the following terms (the prohibited terms) by an approved provider—
(a)‘preparatory year’;
(b)‘prep year’;
(c)‘prep’;
(d)‘P.R.E.P.’;
(e)any other name, initial, word or description that, having regard to the circumstances in which it is used, may suggest the approved provider is offering education in the preparatory year.
(2)An approved provider must not use a prohibited term in describing education and care or regulated education and care provided under a service approval held by the approved provider.

Maximum penalty—

(a)for a first offence—50 penalty units; or
(b)for a second or subsequent offence—100 penalty units.

(3)An approved provider must not use a prohibited term in describing regulated education and care provided under a service approval held by the approved provider.

Maximum penalty—

(a)for a first offence—50 penalty units; or
(b)for a second or subsequent offence—100 penalty units.

(4)In this section—
approved provider means—
(a)for education and care provided under the Education and Care Service National Law (Queensland)—see the Education and Care Services National Law (Queensland), section 5 (1); or
(b)for regulated education and care provided under the Education and Care Services Act 2013 —see the Education and Care Services Act 2013 , schedule 1.
service approval means—
(a)for education and care provided under the Education and Care Service National Law (Queensland)—see the Education and Care Services National Law (Queensland), section 5 (1); or
(b)for regulated education and care provided under the Education and Care Services Act 2013 —see the Education and Care Services Act 2013 , schedule 1.

s 429A ins 2006 No. 39s 512(2)sch 2

amd 2009 No. 40s 16

sub 2011 No. 38s 69

amd 2013 No. 44s 269sch 1 pt 2

429BAnti-Discrimination Act 1991

(1)The Anti-Discrimination Act 1991 does not apply in relation to an act that is necessary to comply with, or is specifically authorised by, a mature age student provision.
(2)In this section—
mature age student provision means—
(a)a provision of this Act about the enrolment of a person as a mature age student of a mature age State school; or
(b)a provision of chapter 8A that applies in relation to—
(i)a mature age student of a mature age State school; or
(ii)a prospective mature age student.
prospective mature age student means a person who has applied for enrolment as a mature age student of a mature age State school.

s 429B ins 2014 No. 62s 126

430Failure to decide application

(1)This section applies if, under this Act, the chief executive is taken to have decided to refuse to grant an application.
(2)To remove any doubt, it is declared the chief executive must as soon as practicable give the applicant an information notice about the decision.

431Delegation by Minister

(1)The Minister may delegate the Minister’s functions under this Act to an appropriately qualified person.
(2)In this section—
functions includes powers.

s 431 amd 2014 No. 62s 59

432Delegation by chief executive

(1)The chief executive may delegate the chief executive’s functions under this Act to an appropriately qualified officer of the department.
(2)Also, the chief executive may delegate the relevant chapter 10 functions to—
(a)an appropriately qualified employee, other than an officer, employed in the department; or
(b)an appropriately qualified employee employed in the department in which the Further Education and Training Act 2014 is administered.
(3)A delegation under subsection (1) or (2) of a relevant chapter 10 function may permit the subdelegation of the function to an appropriately qualified employee of—
(a)the department; or
(b)the department in which the Further Education and Training Act 2014 is administered.
(4)In this section—
function includes power.
relevant chapter 10 functions means the chief executive’s functions under chapter 10, other than section 242 .

s 432 amd 2014 No. 62s 60

433Approval of forms

The chief executive may approve forms for use under this Act.

434Regulation-making power

(1)The Governor in Council may make regulations under this Act.
(2)A regulation may be made about the following—
(a)fees, including the refunding of fees, for this Act, other than the fees mentioned in section 51 ;
(b)the management, administration and control of the operations of a State educational institution;
(c)the use of a State educational institution’s premises;
(d)the dissolution of an association or school council;
(e)the requirements about the age for enrolment of a child at a State school or non-State school;
(f)imposing a penalty of not more than 10 penalty units for a contravention of a provision of a regulation.
(3)Without limiting subsection (2)(a), a regulation may be made about fees for the provision of education, including distance education, by a State school to a person enrolled at a non-State school.

Chapter 20 Repeal, validations and transitional provisions

Part 1 Repeal of Acts

435Repeal

The following Acts are repealed—
Education (General Provisions) Act 1989 No. 30
Youth Participation in Education and Training Act 2003 No. 62 .

Part 2 Validations

436Validation of fee waiver

(1)This section applies if, before the commencement of this section, the chief executive waived, wholly or partly, the payment by a person of a fee payable under the Education (General Provisions) Regulation 2000 , section 72(4).
(2)The waiver is taken to be, and to always have been, valid and effective.

Part 3 Transitional provisions for Education (General Provisions) Act 2006

pt hdg amd 2009 No. 40s 17

437Definitions for pt 3

commencement means the commencement of the provision in which the term appears.
corporation sole means the corporation sole named ‘The Minister for Education of Queensland’, constituted under the repealed E(GP) Act.
repealed E(GP) Act means the Education (General Provisions) Act 1989 as in force from time to time before its repeal.
repealed YPET Act means the Youth Participation in Education and Training Act 2003 as in force from time to time before its repeal.

438References to repealed Acts

In an Act or document, a reference to the Education (General Provisions) Act 1989 or the Youth Participation in Education and Training Act 2003 may, if the context permits, be taken to be a reference to this Act.

439Dissolution of corporation sole

On the commencement, the corporation sole is dissolved.

440Vesting of assets, rights and liabilities of corporation sole

(1)On the commencement—
(a)the assets, rights and liabilities of the corporation sole vest in the State; and
(b)the State is substituted for the corporation sole in all contracts to which the corporation sole is a party; and
(c)any property held by the corporation sole on trust is held by the State on the terms of the trust.
(2)Despite subsection (1)(b), the chief executive is substituted for the corporation sole in all contracts, entered into under the Education (Work Experience) Act 1996 , section 8 or 9, to which the corporation sole is a party.

441Legal proceedings involving the corporation sole

A legal proceeding that could have been started or continued by or against the corporation sole immediately before the commencement may be started or continued against the State.

442References to corporation sole

A reference in an Act or document in existence immediately before the commencement to the corporation sole may, if the context permits, be taken to be a reference to the State.

443Offences

(1)Proceedings for an offence against the repealed E(GP) Act or the repealed YPET Act may be continued, or started, and the provisions of the repealed E(GP) Act or the repealed YPET Act necessary or convenient to be used in relation to the proceedings continue to apply as if this Act had not commenced.
(2)For subsection (1), the Acts Interpretation Act 1954 , section 20, applies but does not limit the subsection.

444Power of Minister to be member of committees etc.

(1)Subsection (2) applies if, immediately before the commencement, the Minister, or a person authorised by the Minister for the repealed E(GP) Act, section 9 , was a member of a committee, group or body mentioned in that section.
(2)The committee, group or body is taken to be an entity mentioned in section 411 and the Minister or person authorised by the Minister is taken to be a member of the committee, group or body for that section.
(3)Subsection (4) applies if, immediately before the commencement, the Minister, or person authorised by the Minister, was a party to an agreement mentioned in the repealed E(GP) Act, section 9 , with a committee, group or body mentioned in that section.
(4)The Minister or person authorised by the Minister is taken to be a party to an agreement mentioned in section 411 .

445Advisory committees

An advisory committee established under the repealed E(GP) Act, section 12 , and in existence immediately before the commencement continues as an advisory committee established under section 412 and the members of the committee continue as members.

446State educational institutions

(1)A State school established under the repealed E(GP) Act, section 16 , and in existence immediately before the commencement, is taken to be a State school established under section 13 .
(2)A centre for continuing secondary education established under the repealed E(GP) Act, section 17 , and in existence immediately before the commencement, is taken to be a State school established under section 13 .
(3)An environmental education centre or outdoor education centre established under the repealed E(GP) Act, section 17 , and in existence immediately before the commencement, is taken to be a State educational institution established under section 14 .
(4)A State preschool centre established under the repealed E(GP) Act, section 17 , and in existence immediately before the commencement, is taken to be a State educational institution established under section 15 .
(5)A centre, hostel or college established under the repealed E(GP) Act, section 18 , and in existence immediately before the commencement, is taken to be a State educational institution established under section 15 .

447Curriculum framework and directions

(1)A curriculum framework applying, immediately before the commencement, under the repealed E(GP) Act, section 19 to an educational institution is taken to be a curriculum framework applying to the institution under section 21 .
(2)A direction given under the repealed E(GP) Act, section 19B(2), and in force immediately before the commencement, is taken to be a direction given under section 23 (2).
(3)A direction given under the repealed E(GP) Act, section 19B(3), and in force immediately before the commencement, is taken to be a direction given under section 23 (3).
(4)A direction given under the repealed E(GP) Act, section 19B(4), and in force immediately before the commencement, is taken to be a direction given under section 23 (4).
(5)A direction given under the repealed E(GP) Act, section 19C, and in force immediately before the commencement, is taken to be a direction given under section 24 .

448Chief executive’s directions about State school records and reports

A written direction about school records or reports given by the chief executive to a State school principal under the repealed E(GP) Act, section 25 (1), and in force at the commencement, is taken to be a written direction under section 429 .

449Religious instruction

(1)An accredited representative of a religious denomination or society who, immediately before the commencement, was entitled to give religious instruction to students of a State school under the repealed E(GP) Act, section 26 (1), is taken to be approved to give religious instruction to students of a State school under section 76 (1).
(2)A notice given under the repealed E(GP) Act, section 26 (5) and in effect immediately before the commencement is taken to have been given under section 76 (5).

450Application for mature age student notices

An application for a mature age student notice made to the chief executive under the repealed E(GP) Act, section 26AD, but not decided under section 26AE of that Act immediately before the commencement—
(a)is taken to have been made under section 28 ; and
(b)must be decided under section 29 .

451Currency of positive notice

A positive notice issued under the repealed E(GP) Act, section 26AE, and in force immediately before the commencement—
(a)is taken to be a positive notice issued under section 29 ; and
(b)remains in force until it would have expired under the repealed E(GP) Act unless it is sooner cancelled and replaced under chapter 2, part 5, division 5.

452Review of decision to issue negative notice

(1)If, immediately before the commencement, a person was entitled under the repealed E(GP) Act, section 26AP, to apply for a review of a decision to issue the person with a negative notice but had not applied, the person may apply for a review under section 40 .
(2)An application for a review made under the repealed E(GP) Act, section 26AP, but not decided under section 26AR of that Act immediately before the commencement—
(a)is taken to be an application made under section 40 ; and
(b)must be decided under section 42 .

453Behaviour plans

A behaviour management plan for a State school, developed under the repealed E(GP) Act, section 27 , and in force immediately before the commencement, is taken, for 6 months after the commencement, to be an approved behaviour plan for the school, under chapter 12, part 1.

s 453 amd 2009 No. 24s 170

454Time limit on new application for mature age student notice

(1)Subsection (2) applies if—
(a)before the commencement, the chief executive decided an application under the repealed E(GP) Act for a mature age student notice by issuing the person with a negative notice; and
(b)immediately before the commencement, the time under section 26AT of that Act before which the person could make another application had not arrived.
(2)The person may not make an application for a mature age student notice under chapter 2, part 5, before that time.

455Suspension of student

If a student was suspended under the repealed E(GP) Act, section 29 , and, immediately before the commencement, the period of suspension had not expired, the period continues as if it were a suspension under section 285 .

456Submission against suspension for more than 5 days

If, immediately before the commencement, a student was entitled under the repealed E(GP) Act, section 31 , to make a submission against a suspension of more than 5 days but had not made a submission, the student may make the submission under section 287 .

457Dealing with submissions against suspension for more than 5 days

If a submission against a suspension for more than 5 days was made under the repealed E(GP) Act, section 31 , but not dealt with under section 32 of that Act before the commencement, the submission may be dealt with under section 288 .

458Recommendation to principal’s supervisor of exclusion of student

A recommendation that a student be excluded, made under the repealed E(GP) Act, section 34(2), but not dealt with under section 36 of that Act before the commencement—
(a)is taken to be a recommendation made under section 290 (2); and
(b)may be dealt with under section 293 .

459Suspension pending dealing with recommendation for exclusion

If a student was suspended from a State educational institution, under the repealed E(GP) Act, section 34(2)(b), but, immediately before the commencement, had not been given a notice under subsection (3) of that section—
(a)the suspension is taken to be a suspension under section 290 (2)(b); and
(b)the student must be given a notice under section 290 (3).

460Submissions against suspension and recommendation for exclusion

If, immediately before the commencement, a student was entitled under the repealed E(GP) Act, section 35, to make a submission against a suspension and recommendation for exclusion but had not made a submission, the student may make the submission under section 292 .

461Exclusion of student by principal’s supervisor

If a student was excluded under the repealed E(GP) Act, section 36, and, immediately before the commencement, the period of exclusion had not expired, the period continues as if it were a exclusion under section 293 .

462Suspension pending final decision about exclusion

If a student was suspended under the repealed E(GP) Act, section 36C, and, immediately before the commencement, the period of suspension had not expired, the period continues as if it were a suspension under section 300 .

463Submissions against proposed exclusion

If, immediately before the commencement, a student was entitled under the repealed E(GP) Act, section 36D, to make a submission against a proposed exclusion but had not made a submission, the student may make the submission under section 301 .

464Exclusion of student by chief executive

If a student was excluded under the repealed E(GP) Act, section 36E, and, immediately before the commencement, the period of exclusion had not expired, the period continues as if it were an exclusion under section 302 .

465Submission against exclusion decision

If, immediately before the commencement, an excluded person was entitled under the repealed E(GP) Act, section 37, to make a submission against the exclusion but had not made a submission, the excluded person may make the submission under section 312 .

466Dealing with submissions against exclusions

If a submission against exclusion was made to the chief executive under the repealed E(GP) Act, section 37, but the chief executive had not made a decision under section 38 about the submission before the commencement, the submission—
(a)is taken to have been made under section 312 ; and
(b)must be dealt with under section 313 .

467Periodic review of decision to exclude

If, immediately before the commencement, a person was entitled under the repealed E(GP) Act, section 38A(4), to make a submission to the chief executive about whether the person’s exclusion should be revoked but the person had not made a submission, the person may make the submission under section 314 .

468Dealing with submissions about whether exclusion should be revoked

If a submission about whether a student’s exclusion should be revoked was made to the chief executive under the repealed E(GP) Act, section 38A, but, before the commencement, the chief executive had not made a decision about the submission, the submission—
(a)is taken to have been made under section 314 ; and
(b)must be dealt with under section 314 .

469Cancellation of student’s enrolment

If a student’s enrolment was cancelled under the repealed E(GP) Act, section 40 , and, immediately before the commencement, the period of cancellation had not expired, the period continues as if it were a cancellation under section 320 .

470Submission against cancellation of enrolment

If, immediately before the commencement, a person under a cancellation was entitled under the repealed E(GP) Act, section 41 , to make a submission against the cancellation of enrolment but had not made a submission, the person may make the submission under section 321 .

471Dealing with submissions against cancellation of enrolment

If a submission against the cancellation of a person’s enrolment was made to a principal’s supervisor under the repealed E(GP) Act, section 41 , but, immediately before the commencement, the supervisor had not made a decision about the submission, the submission—
(a)is taken to have been made under section 321 ; and
(b)must be dealt with under section 322 .

472Submissions about suspensions, exclusions or cancellations

(1)If, immediately before the commencement, a parent of a student who was under 18 years was entitled, under the repealed E(GP) Act, section 45 , to make a submission about a suspension, suspension and recommendation for exclusion, exclusion or cancellation, but had not made a submission, the parent may make the submission under section 331 .
(2)In this section—
parent, in relation to a student who is under 18 years, has the meaning the term had under the repealed E(GP) Act and includes an adult who has the care and control of the student.

473Directions about conduct or movement at premises of State instructional institutions

(1)A direction about a person’s conduct or movement at a State educational institution’s premises, given under the repealed E(GP) Act, section 48C, and in force immediately before the commencement—
(a)is taken to be a direction given under section 337 ; and
(b)remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.
(2)Subsection (3) applies if—
(a)immediately before the commencement, a person was entitled under the repealed E(GP) Act, section 48D, to apply for a review of a direction given under section 48C but had not applied; and
(b)the time period for applying for the review has not expired.
(3)The time for applying for the review continues until it would have expired under section 48D and the application may be made under section 338 .
(4)An application for review of a direction, made under the repealed E(GP) Act, section 48D, but not decided before the commencement, is taken to be an application made under section 338 .

474Directions to leave and not re-enter premises of State instructional institutions

A direction requiring a person to immediately leave and not re-enter a State educational institution’s premises for 24 hours, given under the repealed E(GP) Act, section 48E, and in force immediately before the commencement—
(a)is taken to be a direction given under section 339 ; and
(b)remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.

475Prohibition from entering premises of State instructional institutions

(1)A direction requiring a person not to enter a State educational institution’s premises for up to 60 days, given under the repealed E(GP) Act, section 48F, and in force at the commencement—
(a)is taken to be a direction given under section 340 ; and
(b)remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.
(2)An order prohibiting a person from entering a State educational institution’s premises for more than 60 days but not more than 1 year, made under the repealed E(GP) Act, section 48G, and in force at the commencement—
(a)is taken to be an order made under section 341 of this Act; and
(b)remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.

476Directions about conduct or movement at premises of non-State schools

(1)A direction about a person’s conduct or movement at a non- State school’s premises, given under the repealed E(GP) Act, section 48L, and in force immediately before the commencement—
(a)is taken to be a direction given under section 346 ; and
(b)remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.
(2)Subsection (3) applies if—
(a)immediately before the commencement, a person was entitled under the repealed E(GP) Act, section 48M, to apply for a review of a direction given under section 48L of that Act but had not applied; and
(b)the time period for applying for the review has not expired.
(3)The time for applying for the review continues until it would have expired under the repealed E(GP) Act, section 48M, and the application may be made under section 347 .
(4)An application for review of a direction, made under the repealed E(GP) Act, section 48M, but not decided before the commencement, is taken to be an application made under section 347 .

477Directions to leave and not re-enter premises of non-State schools

A direction requiring a person to immediately leave and not re-enter a non-State school’s premises for 24 hours, given under the repealed E(GP) Act, section 48N, and in force immediately before the commencement—
(a)is taken to be a direction given under section 348 ; and
(b)remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.

478Prohibition from entering premises of non-State schools

(1)A direction requiring a person not to enter a non-State school’s premises for up to 60 days, given under the repealed E(GP) Act, section 48O, and in force immediately before the commencement—
(a)is taken to be a direction given under section 349 ; and
(b)remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.
(2)An order prohibiting a person from entering a non-State school’s premises for more than 60 days but not more than 1 year, made under the repealed E(GP) Act, section 48P, and in force immediately before the commencement—
(a)is taken to be an order made under section 350 ; and
(b)remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.

479Prohibition from entering premises of all State instructional institutions and non-State schools

(1)An application, made to a court under the repealed E(GP) Act, section 48R, for an order prohibiting a person from entering the premises of all State educational institutions and non-State schools for up to 1 year, but not decided before the commencement, is taken to have been made under section 352 .
(2)An order prohibiting a person from entering the premises of all State educational institutions and non-State schools for up to 1 year, made under the repealed E(GP) Act, section 48R, and in force immediately before the commencement—
(a)is taken to be an order made under section 352 ; and
(b)remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.

480Prohibition from entering premises of all State instructional institutions

(1)An application, made to a court under the repealed E(GP) Act, section 48S, for an order prohibiting a person from entering the premises of all State educational institutions for up to 1 year, but not decided before the commencement, is taken to have been made under section 353 .
(2)An order prohibiting a person from entering the premises of all State educational institutions for up to 1 year, made under the repealed E(GP) Act, section 48S, and in force immediately before the commencement—
(a)is taken to be an order made under section 353 ; and
(b)remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.

481Appeal to District Court

An appeal, made to the District Court under the repealed E(GP) Act, section 48T, from a decision of a court under section 48R of that Act, but not decided before the commencement is taken to be an appeal made under section 354 .

482Department’s annual report

The department’s annual report for the 2005–2006 financial year must be prepared under the repealed E(GP) Act and not under this Act and, for that purpose, the repealed E(GP) Act continues to apply.

483Non-State school’s governing body to give particular information to Minister

For the purpose of the Minister obtaining information under the repealed E(GP) Act, section 48X, for the 2005–2006 financial year, the repealed E(GP) Act continues to apply as if this Act had not commenced.

484Provisions about school councils

(1)This section applies to a school council established under the repealed E(GP) Act, section 50 , and in existence immediately before the commencement.
(2)The school council continues in existence, subject to this Act, and is taken to have been established under section 79 .
(3)The appointed, elected and official members of the school council holding office under the repealed E(GP) Act immediately before the commencement continue as the appointed, elected and official members of the council under this Act.
(4)The appointed or elected members continue in office, subject to this Act, for the balance of the term for which they were appointed or elected under the repealed E(GP) Act.
(5)The person holding office as chairperson of the school council under the repealed E(GP) Act immediately before the commencement continues in office, subject to section 89 (3) of this Act, for the balance of the person’s term of office under the repealed E(GP) Act.
(6)The school council’s constitution as in force under the repealed E(GP) Act immediately before the commencement continues, subject to this Act, as the council’s constitution under this Act.
(7)An amendment of the school council’s constitution prepared and adopted under the repealed E(GP) Act but not approved by the chief executive under that Act may be approved by the chief executive under section 95 of this Act.
(8)A written direction given to the council under the repealed E(GP) Act, section 79 , and not complied with before the commencement is taken to be a direction given to the council under section 116 .
(9)Without limiting subsection (8), a copy of the direction must also be included in the department’s annual report for the financial year in which the direction was given under the repealed E(GP) Act.

485Provisions about parents and citizens associations

(1)This section applies to a parents and citizens association or an interim parents and citizens association (in either case, the existing association) formed under the repealed E(GP) Act, section 81 or 82 , and in existence immediately before the commencement.
(2)The existing association continues in existence, subject to this Act, and is taken to have been established as a parents and citizens association or an interim parents and citizens association (in either case, the new association) under section 118 or 119 .
(3)The persons who were members, including honorary life members, of the existing association immediately before the commencement continue as members, including as honorary life members, subject to this Act, of the new association.
(4)An officer of the existing association holding office under the repealed E(GP) Act, section 87 , immediately before the commencement continues in office, subject to this Act, as an equivalent officer of the new association until the first annual general meeting of the new association held under this Act.
(5)A subcommittee established for the existing association under the repealed E(GP) Act, section 90 , and in existence immediately before the commencement continues as a subcommittee of the new association under section 130 .
(6)An agreement entered into by the existing association or by the Minister under the repealed E(GP) Act, section 96 , and in force immediately before the commencement continues as a relevant agreement entered into by the new association or by the Minister under section 137 .
(7)The repealed E(GP) Act, section 100 , continues to apply to things done or omitted to be done by a member of the existing association before the commencement as if this Act had not commenced and for that purpose a reference in the section to the Minister is taken to be a reference to the Minister under this Act.
(8)If the procedure for removal of a nominated person has started but not ended under the repealed E(GP) Act, section 111 , immediately before the commencement, the procedure may continue as if it had started under section 152 .
(9)For a nominated person who was removed under the repealed E(GP) Act, section 111 , before the commencement, section 153 applies as if the person had been removed under section 152 and any submission relating to the removal received under the repealed E(GP) Act, section 112 , and not finally dealt with under section 113 of that Act is taken to have been received under section 153 .
(10)Subsection (11) applies if—
(a)immediately before the commencement a person could have appealed to a Magistrates Court against a decision of the Minister under the repealed E(GP) Act, section 113 , and had not appealed; or
(b)a person had appealed to a Magistrates Court against a decision mentioned in paragraph (a) and the appeal has not been finalised before the commencement.
(11)For the purpose of appealing the decision or for finalising the appeal, the decision is taken to be a decision of the Minister under section 154 .
(12)The existing association’s constitution as in force under the repealed E(GP) Act immediately before the commencement continues, subject to this Act, as the existing association’s constitution under this Act.

486Provisions about enrolment at State schools

(1)If, immediately before the commencement, a student was enrolled at a State school under the repealed E(GP) Act, the student’s enrolment continues under this Act.
(2)A student mentioned in subsection (1) includes the following—
(a)a student who is enrolled at, and attending, the school;
(b)a student who is enrolled at, but has not started attending, the school;
(c)a student enrolled at the school for 2006 but enrolled at a different State school for 2007;
(d)a student enrolled at the school but suspended under the repealed E(GP) Act, section 29 , 34 or 36C;
(e)a student enrolled at the school for 2006 and, under the repealed E(GP) Act, section 127 , granted extra semesters at the school for 2007.
(3)If an application for enrolment at a State school was made but not decided before the commencement—
(a)the application lapses; and
(b)an application for enrolment may be made under section 155 .

488Exemption from compliance with compulsory enrolment and attendance provisions

(1)A dispensation from complying with the enrolment and attendance obligations under the repealed E(GP) Act, section 114 , granted under section 115 of that Act and in force immediately before the commencement—
(a)is taken to be an exemption issued under section 189 ; and
(b)remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.
(2)Subsection (1) does not apply to a dispensation granted for a reason mentioned in the repealed E(GP) Act, section 115 (2)(a)(i).

489Application for exemption from compliance with compulsory enrolment and attendance provisions

(1)An application for dispensation from complying with the enrolment and attendance obligations under the repealed E(GP) Act, section 114 , made under section 116 of that Act but not decided before the commencement—
(a)is taken to be an application under section 186 ; and
(b)must be decided under section 189 .
(2)However, if the application for dispensation was for a reason mentioned in the repealed E(GP) Act, section 115 (2)(a)(i), subsection (1) does not apply.

490Particular dispensation from compliance with compulsory enrolment and attendance provisions

A dispensation from complying with the enrolment and attendance obligations under the repealed E(GP) Act, section 114 , granted for a reason mentioned in section 115 (2)(a)(i) of that Act and in force immediately before the commencement—
(a)has effect as a dispensation from complying with section 176 ; and
(b)remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.

491Particular application for exemption from compliance with compulsory enrolment and attendance provisions

(1)Subsection (2) applies to an application for dispensation, for a reason mentioned in the repealed E(GP) Act, section 115 (2)(a)(i), from complying with the enrolment and attendance obligations under section 114 of that Act, made under section 116 of that Act but not decided before the commencement.
(2)The application is taken to be an application for provisional registration of a child for home education made under section 207 .

492Dispensation from requirement to participate in an eligible option

A dispensation from the requirement to participate in an eligible option, granted under the repealed YPET Act, section 24 , and in force immediately before the commencement—
(a)is taken to be an exemption granted under section 244 ; and
(b)remains in force until it would have expired under the repealed YPET Act if this Act had not commenced.

493Home schooling dispensation from requirement to participate in an eligible option

A dispensation from the requirement to participate in an eligible option, granted under the repealed YPET Act, section 25 , and in force immediately before the commencement—
(a)has effect as a dispensation from complying with section 239 ; and
(b)remains in force until 31 December 2006.

494Application for exemption from requirement to participate in an eligible option

An application under the repealed YPET Act, section 26 , for a dispensation under section 24 of that Act from the requirement to participate in an eligible option, made but not decided before the commencement—
(a)is taken to be an application under section 245 ; and
(b)must be decided under section 248 .

495Application for home schooling exemption from requirement to participate in an eligible option

An application under the repealed YPET Act, section 26 , for a dispensation under section 25 of that Act from the requirement to participate in an eligible option, made but not decided before the commencement, is taken to be an application for provisional registration of a child for home education made under section 207 .

496Student account

A student account opened under the repealed YPET Act, part 4, and in existence immediately before the commencement, is taken to be a student account opened under chapter 11.

497Flexible arrangements

(1)Arrangements approved under the repealed E(GP) Act, section 114A, to apply to a student of a non-State school instead of participation in the school’s educational programs in the usual way, and in force immediately before the commencement, are taken to be arrangements approved under section 182 .
(2)Arrangements approved under the repealed E(GP) Act, section 114B, to apply to a student of a State educational institution instead of participation in the institution’s educational programs in the usual way, and in force immediately before the commencement, are taken to be arrangements approved under section 183 .

498Principal’s decision about student’s remaining allocation

If the principal of a State educational institution was required under the repealed E(GP) Act, section 123 , to make a decision about a student’s remaining allocation but the decision had not been made before the commencement, the decision must be made under section 61 .

499Notice about student’s remaining allocation

If the principal of a State educational institution was required under the repealed E(GP) Act, section 124 (4)(b), to give notice to a student about the student’s remaining allocation but the notice had not been given before the commencement, the notice must be given under section 62 (4)(b).

500Application for extra semesters if no remaining allocation

An application for the granting of extra semesters made to the principal of a State educational institution under the repealed E(GP) Act, section 126 , but not decided before the commencement is taken to be an application under section 65 .

501Notice about student’s extra semesters

If the principal of a State educational institution was required under the repealed E(GP) Act, section 127 (3)(b), to give notice to a student of the principal’s decision about the student’s application for extra semesters but the notice had not been given before the commencement, the notice must be given under section 66 (3)(b).

502Submissions against decisions about allocation of semesters or application for extra semesters

(1)Subsection (2) applies if, immediately before the commencement, a student was entitled under the repealed E(GP) Act, section 129 , to make a submission against a decision about either of the following but had not made a submission—
(a)the allocation of semesters to the student under the repealed E(GP) Act, part 8, division 2, including a decision under section 123 (3) or (4) or 125 of that Act;
(b)the student’s application for an extra semester or semesters under part 8, division 3 of that Act.
(2)The time period for making the submission continues until it would have expired under that section if this Act had not commenced and the submission may be made under section 68.

503Dealing with submissions against decisions about allocation of semesters or application for extra semesters

If a submission against a decision about either of the following was made under the repealed E(GP) Act, section 129 , but not dealt with under section 130 of that Act before the commencement, the submission is taken to have been made under section 68—
(a)the allocation of semesters to the student under the repealed E(GP) Act, part 8, division 2, including a decision under section 123 (3) or (4) or 125 ;
(b)the student’s application for an extra semester or semesters under part 8, division 3.

504Notice about decisions about allocation of semesters or application for extra semesters

If, immediately before the commencement, notice was required to be given to a student under the repealed E(GP) Act, section 130 (2)(b), about either of the following but the notice had not been given, the notice must be given under section 69(2)(b)—
(a)the allocation of semesters to the student;
(b)the student’s application for extra semesters.

505Application for further semesters if no remaining allocation and after extra semesters

An application for the granting of further semesters made to the chief executive under the repealed E(GP) Act, section 131 , but not decided before the commencement is taken to be an application under section 71 .

506Notice about student’s further semesters

(1)Subsection (2) applies if the chief executive was, immediately before the commencement, required under the repealed E(GP) Act, section 132 (3)(b), to give notice to a student of the chief executive’s decision about the student’s application for further semesters but the notice had not been given.
(2)The notice or, if relevant, an information notice must be given under section 72 (3)(b) of this Act.

507Financial data

(1)This section applies if—
(a)under the repealed E(GP) Act, section 134AC, the Minister has given the governing body of a non-State School a notice; and
(b)the time stated in the notice has not ended before the commencement; and
(c)the body has not complied with the notice before the commencement.
(2)The governing body must comply with the notice and for that purpose the financial data to which the notice relates or the notice are taken to have been given under section 370 or 371 .

508Finalising show cause process relating to allowances paid for non-State schools

(1)This section applies if—
(a)immediately before the commencement a show cause process could have been started under the repealed E(GP) Act, section 134D, in relation to the governing body of a non-State school but the process had not started; or
(b)at the commencement the show cause process had been started but had not been finalised under the repealed E(GP) Act, section 134H.
(2)The process may be started and finalised or continued and finalised under chapter 13, part 4, and for that purpose the part applies with any necessary or convenient changes.

509International educational institutions

(1)Subsection (2) applies to an approval to establish or conduct an international educational institution, given under the repealed E(GP) Act, section 144 , and in force immediately before the commencement.
(2)The approval—
(a)is taken to be an approval under section 415 ; and
(b)continues to be subject to the conditions stated on the approval; and
(c)is subject to the conditions mentioned in section 417 (2).

510Appeals

(1)Subsection (2) applies if—
(a)immediately before the commencement a person could have appealed to a Magistrates Court against a decision of a principal’s supervisor under the repealed E(GP) Act, section 130 , or a decision of the chief executive under section 132 of that Act and had not appealed; or
(b)a person had appealed to a Magistrates Court against a decision mentioned in paragraph (a) and the appeal has not been finalised before the commencement.
(2)For the purpose of appealing the decision or for finalising the appeal—
(a)a decision of a principal’s supervisor under the repealed E(GP) Act, section 130 , is taken to be a decision of a principal’s supervisor under section 69; and
(b)a decision of the chief executive under the repealed E(GP) Act, section 132 , is taken to be a decision of the chief executive under section 72 .

510ALimited effect of s 429A for 1 year

For 1 year after section 429A commences, the section does not apply to a person who, on the commencement of the section, was the holder of a licence under the Child Care Act 2002 .

s 510A ins 2006 No. 39s 512(2)sch 2

Part 4 Transitional provision for Education and Training Legislation Amendment Act 2009

pt hdg ins 2009 No. 40s 18

511Programs taken to be pre-preparatory learning programs

(1)This section applies to a program focused on literacy and numeracy for preparing a child for education in the preparatory year that, immediately before the commencement of this section, was—
(a)being provided by a prescribed State school or a prescribed non-State school; and
(b)approved by the Minister for the school.
(2)The program is taken to be a pre-preparatory learning program for this Act.

s 511 prev s 511 exp 30 October 2007 (see s 511 (4))

pres s 511 ins 2009 No. 40s 18

Part 5 Transitional provision for Education Legislation Amendment Act 2012

pt hdg ins 2012 No. 35s 17

512Final notice for written submission under s 314

(1)This section applies to a person who immediately before the commencement of this section (the commencement) was entitled to receive a notice under section 314 (2) at a time after the commencement.
(2)The chief executive must, as soon as practicable, but within 6 months after the commencement, give the person a notice (the final notice) stating the following—
(a)that the person will not receive any further notices under section 314 ;
(b)that the person may make a periodic written submission to the chief executive under chapter 12, part 3, division 6.
(3)If the person received a notice under section 314 (2) before the commencement and the time for the person to make a submission (the submission period) had not ended before the commencement—
(a)the person may make a written submission within the submission period; and
(b)the submission is taken to have been made, and must be dealt with, under section 315 .
(4)If a submission about whether the person’s exclusion should be revoked was made to the chief executive under section 314 (5), but, before the commencement, the chief executive had not made a decision about the submission, the submission—
(a)is taken to have been made under section 315 ; and
(b)must be dealt with under section 315 .

s 512 ins 2012 No. 35s 17

Part 6 Transitional provisions for Education Legislation Amendment Act 2013

pt 6 (ss 513–515) ins 2013 No. 37s 15

513Definitions for pt 6

In this part—
commencement means the commencement of this section.
pre-amended Act means this Act as in force immediately before the commencement.

pt 6 (ss 513–515) ins 2013 No. 37s 15

514Decisions about remaining allocation of students

Despite the Education Legislation Amendment Act 2013 , section 12, a decision under the pre-amended Act, section 61 made before the commencement continues in effect on and after the commencement until another decision is made under this Act, section 61 .

pt 6 (ss 513–515) ins 2013 No. 37s 15

515Chief executive may cancel enrolment for particular students

(1)This section applies to a fee charged under the pre-amended Act, section 51 (1) before the commencement.
(2)While the fee remains unpaid, the chief executive may cancel the enrolment of the person or registration of the pre-preparatory age child to whom the fee relates.
(3)The chief executive must, at least 14 days before the enrolment or registration is cancelled, give the person or a parent of the child notice that the chief executive intends to cancel the person’s enrolment or the child’s registration.

pt 6 (ss 513–515) ins 2013 No. 37s 15

Part 7 Transitional provisions for Education (Strengthening Discipline in State Schools) Amendment Act 2013

pt 7 (ss 516–526) ins 2013 No. 59s 28

516Definitions for pt 7

In this part—
amending Act means the Education (Strengthening Discipline in State Schools) Amendment Act 2013 .
commencement means the commencement of this section.
pre-amended Act means this Act as in force immediately before the commencement.

pt 7 (ss 516–526) ins 2013 No. 59s 28

517Existing policy and procedures

(1)This section applies if—
(a)the chief executive has made a policy or procedure about the way in which principals of State schools are to control and regulate student discipline; and
(b)the policy or procedure is in force immediately before the commencement.
(2)The policy or procedure is taken to be a policy or procedure made by the chief executive under section 276 .

pt 7 (ss 516–526) ins 2013 No. 59s 28

518Suspension of student

(1)This section applies if a student was suspended from a State school under the pre-amended Act, section 285 before the commencement.
(2)The pre-amended Act continues to apply for the suspension as if the amending Act had not been enacted.

pt 7 (ss 516–526) ins 2013 No. 59s 28

519Suspension and proposed exclusion of student by principal

(1)This section applies if a student was given a notice proposing exclusion, and suspended, under the pre-amended Act, section 288C before the commencement.
(2)The pre-amended Act continues to apply for the proposed exclusion and suspension as if the amending Act had not been enacted.

pt 7 (ss 516–526) ins 2013 No. 59s 28

520Exclusion of student by principal

(1)This section applies if a student is excluded from a school, under the pre-amended Act, section 288F either before or after the commencement.
(2)The student is taken to be excluded from the school under section 295 (3) as in force after the commencement.
(3)The notice given to the student under the pre-amended Act, section 288F (3) is taken to state the matters mentioned in section 295 (6) as in force immediately after the commencement.

pt 7 (ss 516–526) ins 2013 No. 59s 28

521Recommendation to principal’s supervisor for exclusion and suspension

(1)This section applies if a principal recommended to the principal’s supervisor that a student be excluded from a school or schools, and suspended the student, under the pre-amended Act, section 290 before the commencement.
(2)The pre-amended Act continues to apply for the recommendation and suspension as if the amending Act had not been enacted.

pt 7 (ss 516–526) ins 2013 No. 59s 28

522Exclusion of student by principal’s supervisor

(1)This section applies if a student is excluded from a school or schools, under the pre-amended Act, section 293 either before or after the commencement.
(2)The student is taken to be excluded from the school under section 295 (3) as in force after the commencement.
(3)The notice given to the student under the pre-amended Act, section 293 (3) is taken to state the matters mentioned in section 295 (6) as in force immediately after the commencement.

pt 7 (ss 516–526) ins 2013 No. 59s 28

523Suspension and proposed exclusion of student by chief executive

(1)This section applies if the chief executive gave a student a notice under the pre-amended Act, section 300 in relation to the student’s suspension and proposed exclusion before the commencement.
(2)The pre-amended Act continues to apply for the notice as if the amending Act had not been enacted.

pt 7 (ss 516–526) ins 2013 No. 59s 28

524Exclusion of student by chief executive

(1)This section applies if a student is excluded from a school or schools, under the pre-amended Act, section 302 either before or after the commencement.
(2)The student is taken to be excluded from the school or schools under section 302 (3) as in force after the commencement.
(3)The notice given to the student under the pre-amended Act, section 302 (3) is taken to state the matters mentioned in section 302 (6) and (7) as in force immediately after the commencement.

pt 7 (ss 516–526) ins 2013 No. 59s 28

525Show cause notice about cancellation of enrolment

(1)This section applies if a principal gave a student a show cause notice under the pre-amended Act, section 317 before the commencement.
(2)The pre-amended Act continues to apply for the show cause notice as if the amending Act had not been enacted.

pt 7 (ss 516–526) ins 2013 No. 59s 28

526Cancellation of enrolment

(1)This section applies if a principal cancels the enrolment of a student at a school, under the pre-amended Act, section 320 either before or after the commencement.
(2)The enrolment of the student is taken to be cancelled under section 316 (1) as in force after the commencement.
(3)The notice given to the student under the pre-amended Act, section 320 (4) is taken to state the matters mentioned in section 318 (2) as in force immediately after the commencement.

pt 7 (ss 516–526) ins 2013 No. 59s 28

Part 8 Transitional provisions for Education and Other Legislation Amendment Act 2014

pt hdg ins 2014 No. 62s 61

Division 1 Preliminary

div 1 (s 527) ins 2014 No. 62s 61

527Definitions for pt 8

In this part—
amending Act means the Education and Other Legislation Amendment Act 2014 .
pre-amended Act means this Act as in force immediately before the commencement.

div 1 (s 527) ins 2014 No. 62s 61

Division 2 Initial remaining allocation and extra semesters

div 2 (s 528) ins 2014 No. 62s 61

528Decision about initial remaining allocation or extra semesters

(1)This section applies if—
(a)before the commencement, a State school’s principal made a decision (an original decision) about a student under section 61 (2) or 66 (1); and
(b)either—
(i)immediately before the commencement, the principal had not given the student a notice under section 62 (4)(b) or 66(3)(b), as the case requires; or
(ii)the principal gave the student the notice less than 14 days before the commencement.
(2)The pre-amended Act applies in relation to—
(a)the original decision; and
(b)the making of submissions against the original decision to the principal’s supervisor; and
(c)the affirming, varying or setting aside of the original decision by the supervisor (a supervisor decision); and
(d)any review of a supervisor decision.

Note—

See chapter 15, part 4 of the pre-amended Act for review of a supervisor decision by QCAT.

div 2 (s 528) ins 2014 No. 62s 61

Division 3 International educational institutions

div 3 (s 529) ins 2014 No. 62s 61

529Cancellation of approval to operate international educational institution

(1)This section applies if, immediately before the commencement, a person had operated an international educational institution under the Governor in Council’s approval under the repealed chapter.
(2)On the commencement, the approval is taken to be cancelled.
(3)In this section—
repealed chapter means chapter 18 as in force before the commencement.

div 3 (s 529) ins 2014 No. 62s 61

Division 4 Mature age students

div 4 (ss 530–535) ins 2014 No. 62s 127

530Application for mature age student notice

(1)This section applies if—
(a)an application for a mature age student notice was made under section 28 of the pre-amended Act; and
(b)immediately before the commencement, the application had not been decided under section 29 of that Act.
(2)The pre-amended Act continues to apply in relation to the application as if the amending Act had not been enacted.

div 4 (ss 530–535) ins 2014 No. 62s 127

531Positive notices

(1)This section applies if—
(a)the chief executive issued a positive notice in relation to a mature age State school to a person under section 29 (1)(a) or 42(7) of the pre-amended Act; and
(b)the notice is in force immediately before the commencement.
(2)Chapter 2, part 5 of the pre-amended Act continues to apply in relation to the positive notice as if the amending Act had not been enacted.
(3)To remove any doubt, it is declared that subsection (2) applies whether or not the mature age State school is a mature age State school on or after the commencement.

div 4 (ss 530–535) ins 2014 No. 62s 127

532Negative notices

(1)This section applies if—
(a)the chief executive issued a negative notice to a person under section 29 (1)(b) or 38(2) or (3) of the pre-amended Act; and
(b)the notice is in force immediately before the commencement.
(2)The pre-amended Act continues to apply in relation to the negative notice as if the amending Act had not been enacted.

div 4 (ss 530–535) ins 2014 No. 62s 127

533Application for enrolment at mature age State school

(1)This section applies if—
(a)an application for enrolment at a mature age State school was made under section 155 of the pre-amended Act by a person with a current positive notice; and
(b)immediately before the commencement, the application had not been decided.
(2)The pre-amended Act continues to apply in relation to the application as if the amending Act had not been enacted.
(3)To remove any doubt, it is declared that subsection (2) applies whether or not the mature age State school is a mature age State school on or after the commencement.

div 4 (ss 530–535) ins 2014 No. 62s 127

534Time limit on application for enrolment by person with negative notice

(1)This section applies—
(a)if—
(i)a person made an application under section 28 of the pre-amended Act for a mature age student notice in relation to a mature age State school; and
(ii)the chief executive decided the application by issuing the person with a negative notice; and
(b)if the chief executive has not made a review decision to cancel the negative notice and substitute a positive notice; and
(c)if the period of 1 year starting on the day after the day the person was notified about the decision mentioned in paragraph (a)(ii) has not ended before the commencement.
(2)The person is not eligible to apply for enrolment under section 155 as a mature age student of the mature age State school, or any other mature age State school, in the 1-year period.

div 4 (ss 530–535) ins 2014 No. 62s 127

535Criminal history of mature age students

(1)This section applies if, immediately before the commencement—
(a)a person was a mature age student of a mature age State school; and
(b)the person was an adult on the day of enrolment at the school.
(2)Chapter 2, part 5, division 4 of the pre-amended Act continues to apply in relation to the person while the person is enrolled at the school as if the amending Act had not been enacted.
(3)To remove any doubt, it is declared that subsection (2) applies whether or not the mature age State school is a mature age State school on or after the commencement.

div 4 (ss 530–535) ins 2014 No. 62s 127

Division 5 Directions and prohibition orders

div hdg ins 2014 No. 62s 127

536Reviews of particular existing directions

(1)This section applies if—
(a)a person was given a direction under section 337 , 340 or 349 of the pre-amended Act; and
(b)immediately before the commencement, the person—
(i)had applied for a review of the direction and the application had not been decided; or
(ii)was entitled to apply for a review of the direction but had not applied.
(2)The pre-amended Act continues to apply in relation to—
(a)the direction; and
(b)any application for a review of the direction; and

Note—

See also sections 338 and 397 of the pre-amended Act.
(c)the confirming, cancelling, amending, setting aside, substituting or returning of the direction (a review decision); and
(d)the giving of, or the failure to give, notice of the review decision.

Note—

See also section 356 (3) and (4) of the pre-amended Act.

s 536 ins 2014 No. 62s 127

537Existing applications for orders prohibiting persons from entering particular premises

(1)This section applies if—
(a)an application had been made under section 341 (1) or 350 (1) of the pre-amended Act; and
(b)immediately before the commencement, the application had not been decided.
(2)The pre-amended Act continues to apply in relation to—
(a)the application; and
(b)the giving of a notice in relation to the application; and

Note—

See also section 356 (2) of the pre-amended Act.
(c)any order made by QCAT in relation to the application.

Note—

See also section 357 (1) of the pre-amended Act.

s 537 ins 2014 No. 62s 127

538Annual report of department to include report on particular orders made during 2014–15 financial year

(1)In the department’s annual report for the 2014–15 financial year, the chief executive must include details of the number of orders made during that financial year under section 341 of the pre-amended Act.
(2)This section does not limit section 358 .

s 538 ins 2014 No. 62s 127

539Non-State school’s governing body to give particular information to Minister for 2014–15 financial year

(1)A non-State school’s governing body must, within 2 months after the end of the 2014–15 financial year, advise the Minister of the number of orders, relating to the school, made during that financial year under section 350 of the pre-amended Act, including the number made in relation to children.
(2)This section does not limit section 359 .

s 539 ins 2014 No. 62s 127

Division 6 Other matters

div hdg ins 2014 No. 62s 127

540Chief executive may cancel enrolment for particular students

(1)This section applies to a fee charged under section 52 (2) of the pre-amended Act before the commencement.
(2)While the fee remains unpaid, the chief executive may cancel the enrolment of the person to whom the fee relates.
(3)The chief executive must, at least 14 days before the enrolment is cancelled, give the person notice that the chief executive intends to cancel the person’s enrolment.

s 540 ins 2014 No. 62s 127

541Distance education fees for 2014 and 2015 school years not payable by particular persons

(1)This section applies for a person who—
(a)immediately before the commencement—
(i)was a person mentioned in section 52 (1)(a); and
(ii)lived in a State other than Queensland; and
(b)during the 2014 school year, enrols, or has enrolled, in a program of distance education at a State school for the 2015 school year.
(2)Section 52 (2) and (3) does not apply to the person for the 2014 and 2015 school years.

s 541 ins 2014 No. 62s 127

Part 9 Transitional provision for Education and Other Legislation Amendment Act 2016

pt hdg ins 2016 No. 46 s 15

542Particular enrolments for year 1 of schooling

(1)This section applies to—
(a)an application under section 155 to enrol a child in year 1 of schooling at a State school made before the commencement; or
(b)an application to enrol a child in year 1 of schooling at a non-State school made before the commencement.
(2)The school’s principal must deal with the application under the Act as in force immediately before the commencement.

s 542 ins 2016 No. 46 s 15

Schedule 4 Dictionary

section 8

accepted representations
(a)for chapter 8, part 1, division 2—see section 160 (2); or
(b)for chapter 9, part 3, division 4—see section 195 (2); or
(c)for chapter 9, part 5, division 5—see section 223 (2); or
(d)for chapter 12, part 3, division 5—see section 307 (2); or
(e)for chapter 13, part 4—see section 377 (2).

def accepted representations amd 2009 No. 39 s 15(2); 2009 No. 24 s 171(1); 2013 No. 59 s 29(3)–(5); 2014 No. 3 s 114 sch 1 pt 2

advisory committee means an advisory committee established under section 412 .
aggregated information ...

def aggregated information om 2006 No. 55 s 21(1)

aggrieved person, for chapter 15, part 4, see section 401 .
allowance, for chapter 13, see section 367 .
alternative association member, for chapter 6, see section 77 .
annual report, for the department, means the department’s annual report under the Financial Accountability Act 2009 .

def annual report amd 2009 No. 9 s 136 sch 1

appellant see section 397 .
appointed member, for chapter 6, see section 77 .
appropriately qualified ...

def appropriately qualified amd 2009 No. 24 s 171(2)

om 2013 No. 59 s 29(1)

approved behaviour plan ...

def approved behaviour plan amd 2009 No. 24 s 171(3)

om 2013 No. 59 s 29(1)

approved entity ...

def approved entity om 2014 No. 62 s 62(1)

approved form means a form approved by the chief executive under section 433 .
approved policy, for chapter 13, see section 367 .
approved syllabus ...

def approved syllabus ins 2009 No. 39 s 15(1)

om 2014 No. 3 s 114 sch 1 pt 2

AQF means the Australian Qualifications Framework within the meaning of the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3 .

def AQF amd 2012 No. 11 s 43 sch pt 2

sub 2014 No. 25 s 223 sch 1 pt 2

association means—
(a)a parents and citizens association formed for a State instructional institution under section 118 ; or
(b)an interim parents and citizens association formed for a proposed State instructional institution under section 119 .
at, in relation to premises, includes in or on the premises.
attending, a provider or other entity, means complying with the provider or entity’s attendance requirements in the relevant way stated in section 234 (2) or (3).
attributes, of a child, means the child’s—
(a)aptitude and ability; and
(b)social and emotional competence; and
(c)physical development; and
(d)level of knowledge and understanding.

def attributes ins 2016 No. 46 s 16

authorised officer, for chapter 16, part 1, see section 404 .
basic allocation see section 11 (1).
behaviour improvement condition ...

def behaviour improvement condition amd 2009 No. 24 s 171(4)

om 2013 No. 59 s 29(1)

behaviour management program ...

def behaviour management program amd 2009 No. 24 s 171(5)

om 2013 No. 59 s 29(1)

board means the Non-State Schools Accreditation Board established under the Education (Accreditation of Non-State Schools) Act 2001 .
catchment area, for chapter 8, part 3, see section 169 .
certificate III means a qualification by that name under the AQF.
certificate IV means a qualification by that name under the AQF.
certificate of achievement see the E(QCAA) Act, schedule 1.

def certificate of achievement ins 2006 No. 55 s 21(2)

sub 2014 No. 3 s 114 sch 1 pt 2

chairperson, for chapter 6, see section 77 .
challenging behaviour ...

def challenging behaviour amd 2009 No. 24 s 171(6)

om 2013 No. 59 s 29(1)

charge, for an offence, in relation to a charge made outside Queensland, means any allegation of an offence made in a way that is the same as, or substantially the same as, a charge under the law of Queensland.

def charge, for chapter 2, part 5, sub 2014 No. 62 s 62(1)–(2)

def charge, for chapter 12, part 3, ins 2013 No. 59 s 29(2)

om 2014 No. 62 s 62(1)

charge-related ground see section 282 (4).

def charge-related ground ins 2013 No. 59 s 29(2)

sub 2014 No. 62 s 62(1)–(2)

chief executive (child safety) means the chief executive of the department in which the Child Protection Act 1999 is administered.
chief executive (transport), for chapter 3, see section 48 .
closure, for chapter 2, part 3, see section 17 .
compulsory participation phase see section 231 .
compulsory school age see section 9 .
conduct, for chapter 12, part 3, see section 280 .

def conduct ins 2013 No. 59 s 29(2)

convicted, of an offence, means being found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction is recorded.
coopted student member, for chapter 6, see section 77 .
corresponding law, for chapter 3, see section 48 .

def corresponding law ins 2014 No. 62 s 128(2)

court ...

def court om 2009 No. 24 s 171(7)

criminal history, of a relevant mature age student, for chapter 8A, see section 175A .

def criminal history sub 2014 No. 62 ss 62(1)–(2), 128

dealt with, for chapter 12, part 3, see section 280 .

def dealt with ins 2013 No. 59 s 29(2)

director, for chapter 12, part 10, see section 364 .

def director ins 2011 No. 39 s 12

distance education means education provided where students and teachers are not regularly in the presence of each other for that purpose but communicate with each other in writing, by print or by electronic means.
distance education pre-preparatory learning program means a program approved under section 419E .

def distance education pre-preparatory learning program ins 2012 No. 35 s 18

educational program includes—
(a)for a reference to an educational program provided under this Act—
(i)a program under arrangements approved under section 183 ; and
(ii)a pre-preparatory learning program; or
(b)for a reference to an educational program provided under the Education (Accreditation of Non-State Schools) Act 2001 —a program under arrangements approved under section 182 .

def educational program amd 2009 No. 40 s 19(2)

effective enrolment eligibility plan, for chapter 8, part 4, see section 173 .
effective enrolment management plan, for chapter 8, part 3, see section 169 .
elected member, for chapter 6, see section 77 .
elected parent member, for chapter 6, see section 77 .
elected staff member, for chapter 6, see section 77 .
elected student member, for chapter 6, see section 77 .
eligible option see section 232 .
employee
(a)for chapter 12, part 5—see section 335 ; or
(b)for chapter 12, part 6—see section 343 ; or
(c)for chapter 12, part 10—see section 364 .

def employee amd 2009 No. 24 s 171(8)–(10)

employment exemption ...

def employment exemption om 2013 No. 49 s 28 sch 1

enrolment eligibility plan, for chapter 8, part 4, see section 173 .
enrolment management plan, for chapter 8, part 3, see section 169 .
E(QCAA) Act means the Education (Queensland Curriculum and Assessment Authority) Act 2014 .

def E(QCAA) Act ins 2014 No. 3 s 114 sch 1 pt 2

exclude, a student from a State school, means prohibit the student from enrolling at the school while the exclusion is in force.
excluded person see section 311 .
exclusion decision see section 312 (1).
exemption, for chapter 9, part 3, see section 184 .
exempt person
(a)for chapter 12, part 5—see section 335 ; or
(b)for chapter 12, part 6—see section 343 .

def exempt person amd 2009 No. 24 s 171(11)–(12)

external program means—
(a)an educational program under section 284 , 294 or 301; or
(b)a program under arrangements approved under section 182 or 183; or
(c)another program or course for which the provider’s requirements do not include physically attending, at particular times, the provider’s premises or another place.

def external program amd 2010 No. 50 s 23(2); 2013 No. 59 s 29(6)

financial data, for a non-State school in receipt of subsidy, means the following—
(a)details of the school’s recurrent income;
(b)details of the school’s capital income;
(c)details of the school’s recurrent expenses;
(d)details of the school’s capital expenses;
(e)details of the school’s profit or loss in carrying out each of its incidental business activities;
(f)details of the school’s loans;
(g)other financial details, for the school, prescribed under a regulation.
full-time, in relation to participation in an eligible option, means at a level that is full-time under the following provisions—
(a)for an apprenticeship or traineeship under the VETE Act—section 238 (2);
(b)otherwise—section 235 .
higher education entity ...

def higher education entity ins 2008 No. 25 s 164 sch 1

om 2014 No. 25 s 223 sch 1 pt 2

home education, for chapter 9, part 5, see section 205 .
human services includes education, family support, health and housing.
human services entity means a Commonwealth, State or local government entity with functions relating to human services.
information includes a document.
information notice, for a decision, is a notice stating the following—
(a)the decision;
(b)the reasons for the decision;
(c)that the person to whom the notice is given may have the decision reviewed within 30 school days;
(d)how the person may have the decision reviewed.

def information notice amd 2014 No. 62 s 62(3)

international educational institution ...

def international educational institution om 2014 No. 62 s 62(1)

international institution approval ...

def international institution approval om 2014 No. 62 s 62(1)

mature age State school means a State school prescribed by regulation as a mature age State school.

def mature age State school amd 2014 No. 62 s 62(4)

sub 2014 No. 62 s 128

mature age student, of a mature age State school, means an adult enrolled at the school.

def mature age student amd 2014 No. 62 s 62(4)

sub 2014 No. 62 s 128

mature age student notice ...

def mature age student notice om 2014 No. 62 s 128(1)

minimum eligibility criteria ...

def minimum eligibility criteria ins 2009 No. 39 s 15(1)

om 2014 No. 3 s 114 sch 1 pt 2

misconduct ...

def misconduct om 2013 No. 59 s 29(1)

model constitutions see section 96 .
nearest applicable school, for chapter 3, see section 48 .
negative notice ...

def negative notice om 2014 No. 62 s 128(1)

nominated person, for chapter 7, part 10, see section 149 .
non-departmental employment skills development program means a program included in the register maintained under the Further Education and Training Act 2014 , section 109.

def non-departmental employment skills development program amd 2013 No. 49 s 28 sch 1

sub 2014 No. 25 s 223 sch 1 pt 2

non-State school means a school that is provisionally accredited, or accredited, under the Education (Accreditation of Non-State Schools) Act 2001 .
non-State school in receipt of subsidy means an operating non-State school, the governing body of which is eligible for Government funding for the school under the Education (Accreditation of Non-State Schools) Act 2001 .
non-university provider ...

def non-university provider om 2008 No. 25 s 164 sch 1

notice means written notice.
notice of removal, for chapter 7, part 10, see section 149 .
notice proposing exclusion ...

def notice proposing exclusion ins 2010 No. 50 s 23(1)

om 2013 No. 59 s 29(1)

notice recommending exclusion ...

def notice recommending exclusion om 2013 No. 59 s 29(1)

offence, for chapter 12, part 3, see section 280 .

def offence ins 2013 No. 59 s 29(2)

officer, of an association, means a person elected to an office of the association under section 123 .
official member, for chapter 6, see section 77 .
original decision, for chapter 15, part 1, see section 390 .

def original decision sub 2014 No. 62 s 128

original direction ...

def original direction om 2014 No. 62 s 128(1)

overseas curriculum ...

def overseas curriculum om 2014 No. 62 s 62(1)

parent
(a)generally—see section 10 ; or
(b)for chapter 12, part 3, division 9—see section 328 .

def parent amd 2009 No. 24 s 171(13)

parents and citizens association means a parents and citizens association formed under chapter 7.
participating, in an eligible option, means participating under the following provisions—
(a)for an apprenticeship or traineeship under the VETE Act—section 238 (2);
(b)otherwise—section 234 .
permanent resident, for chapter 3, see section 48 .
person under the cancellation ...

def person under the cancellation om 2013 No. 59 s 29(1)

person with a disability
(a)for chapter 8, part 1, division 3—see section 165 ; or
(b)otherwise—see section 420 (5).

def person with a disability sub 2014 No. 62 s 62(1)–(2)

planning activities see section 6 (a) .
police commissioner
(a)for chapter 8A—see section 175A ; or
(b)for chapter 12, part 3—see section 280 .

def police commissioner ins 2014 No. 62 s 62(2)

sub 2014 No. 62 s 128

positive notice ...

def positive notice om 2014 No. 62 s 128(1)

premises includes a building together with surrounding land.
preparatory year means the year of schooling immediately before year 1.

def preparatory year ins 2006 No. 39 s 512(2) sch 2

pre-preparatory age child see section 419A (5).

def pre-preparatory age child ins 2009 No. 40 s 19(1)

pre-preparatory learning program means a program approved under section 419A (1).

def pre-preparatory learning program ins 2009 No. 40 s 19(1)

preschool education ...

def preschool education om 2006 No. 39 s 512(2) sch 2

prescribed non-State school see section 419A (5).

def prescribed non-State school ins 2009 No. 40 s 19(1)

prescribed State school see section 419A (5).

def prescribed State school ins 2009 No. 40 s 19(1)

president, of an association, means the president of the association elected under section 123 .
primary education means education offered in the preparatory year and years 1 to 6.

def primary education amd 2006 No. 39 s 512(2) sch 2; 2013 No. 37 s 16(1)

primary school ...

def primary school om 2006 No. 39 s 512(2) sch 2

principal, of a non-State school with no position by that name, means the person responsible for the school’s day-to-day management.
principal’s supervisor, in relation to the principal of a State instructional institution, means the officer employed in the department who holds the position as the principal’s supervisor.
prospective student see section 155 (1).
provider
(a)generally for chapter 10—see section 232 ; and
(b)in a provision about an eligible option—means the provider for the option.

def provider amd 2006 No. 55 s 21(3)

provisional registration, for chapter 9, part 5, see section 205 .
QCAA means the Queensland Curriculum and Assessment Authority established under the E(QCAA) Act, section 5 (1).

def QCAA ins 2014 No. 3 s 114 sch 1 pt 2

QSA ...

def QSA om 2014 No. 3 s 114 sch 1 pt 2

QSA Act ...

def QSA Act om 2014 No. 3 s 114 sch 1 pt 2

reasonably satisfied means satisfied on reasonable grounds.
reasonably suspects means suspects on grounds that are reasonable in the circumstances.
recognised school ...

def recognised school ins 2009 No. 39 s 15(1)

om 2014 No. 3 s 114 sch 1 pt 2

re-engagement activities see section 6 (b) .
registered teacher see the Education (Queensland College of Teachers) Act 2005 , schedule 3.
registered training organisation see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3 .

def registered training organisation sub 2014 No. 25 s 223 sch 1 pt 2

registration, for chapter 9, part 5, see section 205 .
relevant agreement, for chapter 7, part 8, see section 136 .
relevant decision-maker
(a)for chapter 9, part 3—see section 186 (1); or
(b)for chapter 10, part 5—see section 245 (1).

def relevant decision-maker ins 2014 No. 62 s 128(2)

relevant mature age student, of a mature age State school, for chapter 8A, see section 175A .

def relevant mature age student ins 2014 No. 62 s 128(2)

relevant person, for chapter 14, see section 383 .
remaining allocation see section 11 (3).
remote area see section 49 .
remove, for chapter 7, part 10, see section 149 .
removed person, for chapter 7, part 10, see section 149 .
review body, of a non-State school, for chapter 12, part 6, see section 343A .

def review body amd 2009 No. 24 s 171(14)

sub 2014 No. 62 s 128

review decision, for chapter 15, see section 392 (2).
school council, for a State school, means the school council established for the school under section 79 .
school day means any day on which a school is operating as a school.
school in receipt of subsidy means—
(a)a State school; or
(b)a non-State school in receipt of subsidy.
school of distance education means—
(a)a State school providing distance education; or
(b)a non-State school accredited or provisionally accredited under the Education (Accreditation of Non-State Schools) Act 2001 to provide distance education.
school studies see the E(QCAA) Act, schedule 1.

def school studies ins 2006 No. 55 s 21(2)

sub 2014 No. 3 s 114 sch 1 pt 2

secondary education means education offered in years 7 to 12.

def secondary education amd 2013 No. 37 s 16(2)

semester means semester 1 or semester 2.
semester 1 means the period notified by the Minister in the gazette as semester 1.
semester 2 means the period notified by the Minister in the gazette as semester 2.
senior certificate ...

def senior certificate om 2006 No. 55 s 21(1)

senior statement means a statement of results of that type issued under the E(QCAA) Act.

def senior statement ins 2006 No. 55 s 21(2)

sub 2014 No. 3 s 114 sch 1 pt 2

serious offence see the Working with Children (Risk Management and Screening) Act 2000 , section 167.

def serious offence amd 2010 No. 5 s 248 sch 3

sub 2014 No. 28 s 105 sch 1

show cause notice
(a)for chapter 8, part 1, division 2—see section 159 (1); or
(b)for chapter 9, part 3, division 4—see section 194 (1); or
(c)for chapter 9, part 5, division 5—see section 222 (1); or
(d)for chapter 12, part 3, division 5—see section 306 (1); or
(e)for chapter 13, part 4—see section 376 (2).

def show cause notice amd 2009 No. 39 s 15(3); 2009 No. 24 s 171(15); 2013 No. 59 s 29(3)–(5); 2014 No. 3 s 114 sch 1 pt 2

show cause period
(a)for chapter 8, part 1, division 2—see section 159 (1)(d); or
(b)for chapter 9, part 3, division 4—see section 194 (2)(d); or
(c)for chapter 9, part 5, division 5—see section 222 (2)(d); or
(d)for chapter 12, part 3, division 5—see section 306 (1)(d); or
(e)for chapter 13, part 4—see section 376 (2)(d).

def show cause period amd 2009 No. 39 s 15(4); 2009 No. 24 s 171(16); 2013 No. 59 s 29(3)–(5); 2014 No. 3 s 114 sch 1 pt 2

special education means the educational programs and services—
(a)appropriate to the needs of persons with a disability; and
(b)additional to, or otherwise different from, educational programs and services generally available to persons of the relevant age who are not persons with a disability.
special school means a State school only providing special education.
standard conditions of registration, for chapter 9, part 5, see section 205 .
stated State school, for chapter 4, part 5, see section 70 .
State educational institution means an educational institution established under section 13 , 14 or 15.
State instructional institution means an educational institution established under section 13 or 14.
State preschool centre ...

def State preschool centre om 2006 No. 39 s 512(2) sch 2

State school means an educational institution established under section 13 .
statutory TAFE institute ...

def statutory TAFE institute ins 2007 No. 53 s 30 sch

om 2013 No. 27 s 70 sch 1 pt 2

student
(a)for chapter 4—see section 57 ; or
(b)for chapter 12, part 3, division 9—see section 328 .

def student amd 2009 No. 24 s 171(17)

student account ...

def student account om 2006 No. 55 s 21(1)

student account phase ...

def student account phase om 2006 No. 55 s 21(1)

student visa holder means a person who holds a student visa issued under the Migration Act 1958 (Cwlth).
suspend, a student from a State school, means prohibit the student from attending the school while the suspension is in force.
TAFE institute ...

def TAFE institute om 2013 No. 27 s 70 sch 1 pt 2

TAFE Queensland means TAFE Queensland established under the TAFE Queensland Act 2013 , section 5(1).

def TAFE Queensland ins 2013 No. 27 s 70 sch 1 pt 2

teacher see the Education (Queensland College of Teachers) Act 2005 , schedule 3.
transfer note see section 384 .
university ...

def university om 2008 No. 25 s 164 sch 1

VETE Act ...

def VETE Act om 2014 No. 25 s 223 sch 1 pt 2

VETE chief executive ...

def VETE chief executive om 2014 No. 25 s 223 sch 1 pt 2

VETE department ...

def VETE department om 2014 No. 25 s 223 sch 1 pt 2