Table Of Contents

Education (General Provisions) Act 1989

Queensland Crest
Education (General Provisions) Act 1989
Queensland Education (General Provisions) Act 1989 Reprinted as in force on 21 July 2006 Reprint No. 6H This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2006 Act No. 39 s 435
Information about this reprint This Act is reprinted as at 21 July 2006. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.
Queensland Education (General Provisions) Act 1989 Contents Part 1 1 2 3 4 4A 5 Part 2 Division 1 6 6A 7 8 Division 2 9 10 11 12 13 Part 3 Division 1 14 15 Division 2 16 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Definitions relating to special education . . . . . . . . . . . . . . . . . . . . 19 References to student when student is a minor or under other legal disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Meaning of compulsory school age . . . . . . . . . . . . . . . . . . . . . . . 20 Meaning of basic allocation, remaining allocation etc. . . . . . . . . . 20 Corporation of the Minister and general powers of the Minister Continuation of corporation sole The corporation of the Minister. . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Excluded matter for Corporations legislation . . . . . . . . . . . . . . . . 22 Corporation of the Minister is statutory body . . . . . . . . . . . . . . . . 22 Agreements on use of premises. . . . . . . . . . . . . . . . . . . . . . . . . . 22 General powers of Minister Power of Minister to be member of committees etc.. . . . . . . . . . . 22 Production and sale of educational materials etc. . . . . . . . . . . . . 23 Power of Minister to exploit commercially, certain facilities and resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Appointment of advisory committees . . . . . . . . . . . . . . . . . . . . . . 24 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 State educational institutions State education Provision of State education. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Special education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 General provisions relating to State educational institutions Power to establish State schools . . . . . . . . . . . . . . . . . . . . . . . . . 26
2 Education (General Provisions) Act 1989 17 18 19 19A 19B 19C 20 21 22 23 24 24A Division 3 25 26 Division 4 Subdivision 1 26AA 26AB Subdivision 2 26AC Subdivision 3 26AD 26AE 26AF 26AG Subdivision 4 26AH 26AI 26AJ 26AK 26AL 26AM Power to establish other ways of educational instruction . . . . . . . Establishment of certain centres, student hostels, student residential colleges and other State educational institutions . . . . Curriculum framework for State educational institutions . . . . . . . Development and revision of 1–12 syllabuses and preschool guidelines ..................................... Implementation of syllabus, course or preschool guideline at a State educational institution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Direction by Minister about tests . . . . . . . . . . . . . . . . . . . . . . . . . Use of State educational institutions . . . . . . . . . . . . . . . . . . . . . . Inspection of State educational institutions . . . . . . . . . . . . . . . . . Investigation of complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . State educational institutions may be discontinued . . . . . . . . . . . Instruction to be free. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fee for distance education provided by a State school . . . . . . . General provisions relating to State schools School records and reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Religious instruction in school hours . . . . . . . . . . . . . . . . . . . . . . Provisions relating to mature age students Preliminary Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . This division applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligation relating to mature age student notices Obligation of mature age State educational institution’s principal Issue of mature age student notices Application for mature age student notice . . . . . . . . . . . . . . . . . . Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chief executive to invite submissions from person about criminal history ....................................... Currency of positive notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions about criminal history Criminal history check etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of change in criminal history . . . . . . . . . . . . . . . . . . . . . . . Disclosure of change in criminal history . . . . . . . . . . . . . . . . . . . . Requirements for disclosure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Use of criminal history information . . . . . . . . . . . . . . . . . . . . . . . . Confidentiality of information about criminal history . . . . . . . . . . . 26 26 26 27 27 28 29 29 29 30 30 30 30 31 32 33 33 34 35 36 37 37 38 39 39 40 40
3 Education (General Provisions) Act 1989 Subdivision 5 26AN Subdivision 6 26AO 26AP 26AQ 26AR Subdivision 7 26AS 26AT Part 4 Division 1AA 26A Division 1 27 Division 2 28 29 30 31 32 Division 3 33 34 35 36 Division 3A 36A 36B 36BA 36C 36D 36E Division 3B 37 Cancellation and replacement of positive notices Wrong, incomplete or new information . . . . . . . . . . . . . . . . . . . . . Review of decisions Definition for sdiv 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Who may apply for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Applying for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General provisions False or misleading information or documents. . . . . . . . . . . . . . . Time limit on new application for mature age student notice . . . . Good order and management of State educational institutions and non-State schools Preliminary Definition for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Behaviour management plans Principal is responsible for behaviour management plans . . . . . . Suspension of students Grounds for suspension of student. . . . . . . . . . . . . . . . . . . . . . . . Suspension of student . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Placement of certain students in alternative education program . Submissions against suspensions for more than 5 school days . Dealing with submissions against suspensions . . . . . . . . . . . . . . Exclusion of students by supervisor Grounds for exclusion of student by supervisor . . . . . . . . . . . . . . Suspension pending dealing with recommendation for exclusion Submissions against suspension and recommendation for exclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exclusion of student by supervisor. . . . . . . . . . . . . . . . . . . . . . . . Exclusion of students by chief executive Chief executive’s power to exclude student . . . . . . . . . . . . . . . . . Grounds for exclusion of student by chief executive. . . . . . . . . . . Grounds for exclusion of mature age student by chief executive . Suspension pending final decision about exclusion . . . . . . . . . . . Submissions against proposed exclusion. . . . . . . . . . . . . . . . . . . Exclusion of student by chief executive . . . . . . . . . . . . . . . . . . . . Review of decisions about exclusion Submissions against exclusions. . . . . . . . . . . . . . . . . . . . . . . . . . 41 42 42 42 42 43 44 45 45 46 46 47 47 47 48 48 49 50 52 52 52 53 54 54 55
4 Education (General Provisions) Act 1989 38 38A Division 4 39 40 41 42 Division 5 43 44 45 46 Division 6 47 48 Division 7 Subdivision 1 48A Subdivision 2 48B Subdivision 3 48C 48D Subdivision 4 48E Subdivision 5 48F Subdivision 6 48G 48H Dealing with submissions against exclusions. . . . . . . . . . . . . . . . Periodic review of decision to exclude on ground mentioned in s 36B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cancellation of enrolment of students above compulsory school age Grounds for cancelling enrolment of student more than compulsory school age. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cancellation of student’s enrolment . . . . . . . . . . . . . . . . . . . . . . . Submissions against cancellation of enrolment . . . . . . . . . . . . . . Dealing with submissions against cancellations of enrolment . . . Miscellaneous provisions about suspensions, exclusions and cancellations Definition for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Copy of notices under this part to be given to parent etc. . . . . . . Submissions about suspensions, exclusions and cancellation . . When decisions take effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences Wilful disturbance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Trespass . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Directions and orders about conduct or movement at, or entry to, premises of State educational institutions Preliminary Definitions for div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers relating to name and address Person may be required to state name and address . . . . . . . . . . Directions about conduct or movement at premises of State educational institutions Direction about conduct or movement . . . . . . . . . . . . . . . . . . . . . Review of direction under s 48C. . . . . . . . . . . . . . . . . . . . . . . . . . Directions to leave and not re-enter premises of State educational institutions for 24 hours Direction to leave and not re-enter . . . . . . . . . . . . . . . . . . . . . . . . Prohibition from entering premises of State educational institutions for up to 60 days Prohibition from entering premises. . . . . . . . . . . . . . . . . . . . . . . . Prohibition from entering premises of State educational institutions for more than 60 days, but not more than 1 year Prohibition from entering premises. . . . . . . . . . . . . . . . . . . . . . . . Appeal to District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 56 58 58 59 59 60 60 60 61 61 62 62 63 63 64 65 66 67 68
5 Education (General Provisions) Act 1989 Division 8 Subdivision 1 48I Subdivision 2 48J Subdivision 3 48K 48L 48M Subdivision 4 48N Subdivision 5 48O Subdivision 6 48P 48Q Division 9 48R 48S 48T Division 10 48U 48V 48W 48X Part 5 Division 1 49 Division 2 50 51 Directions and orders about conduct or movement at, or entry to, premises of non-State schools Preliminary Definitions for div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers relating to name and address Person may be required to state name and address . . . . . . . . . . Directions about conduct or movement at premises of non- State schools Review body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Direction about conduct or movement . . . . . . . . . . . . . . . . . . . . . Review of direction under s 48L . . . . . . . . . . . . . . . . . . . . . . . . . . Directions to leave and not re-enter premises of non-State schools for 24 hours Direction to leave and not re-enter . . . . . . . . . . . . . . . . . . . . . . . . Prohibition from entering premises of non-State schools for up to 60 days Prohibition from entering premises. . . . . . . . . . . . . . . . . . . . . . . . Prohibition from entering premises of non-State schools for more than 60 days, but not more than 1 year Prohibition from entering premises. . . . . . . . . . . . . . . . . . . . . . . . Appeal to District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prohibition from entering premises of all State educational institutions and non-State schools for up to 1 year Prohibition from entering premises of all State educational institutions and non-State schools . . . . . . . . . . . . . . . . . . . . . . . . Prohibition from entering premises of all State educational institutions ...................................... Appeal to District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Non-application of divs 7 and 8 to particular persons . . . . . . . . . Notification of application or direction. . . . . . . . . . . . . . . . . . . . . . Annual report of department to include report on various matters Non-state school’s governing body to give particular information to Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . School councils Object of part Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Establishment, name, functions and other matters Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 69 69 70 71 72 73 74 74 75 75 75 76 76 76 78 79 79 79
52 53 Division 3 54 55 56 57 58 Division 4 59 60 Division 5 61 62 63 64 65 66 Division 6 67 68 69 70 Division 7 71 72 73 74 Division 8 75 76 Division 9 77 78 79 80 6 Education (General Provisions) Act 1989 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . School councils do not have certain powers . . . . . . . . . . . . . . . . Membership Membership of school councils . . . . . . . . . . . . . . . . . . . . . . . . . . Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Terms of office for elected and appointed members . . . . . . . . . . Ineligibility on conviction of indictable offence . . . . . . . . . . . . . . . Appointment not affected by other laws restricting employment . Constitution Constitution for school council . . . . . . . . . . . . . . . . . . . . . . . . . . . Model constitutions for school councils . . . . . . . . . . . . . . . . . . . . Council business Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Time and place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attendance by proxy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure of interests by council members . . . . . . . . . . . . . . . . . Application of other laws Criminal Law (Rehabilitation of Offenders) Act 1986 . . . . . . . . . . Public Records Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Freedom of Information Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . Public Sector Ethics Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . Starting up Purpose and application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Initial constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Initial membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . First elected and appointed members . . . . . . . . . . . . . . . . . . . . . Dissolution Dissolution of school council . . . . . . . . . . . . . . . . . . . . . . . . . . . . Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous School councils not to establish committees or subcommittees. . Expense of attending meetings . . . . . . . . . . . . . . . . . . . . . . . . . . Minister’s power to give directions in the public interest . . . . . . . . Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 80 81 83 84 85 86 86 88 89 89 89 89 90 90 91 92 92 92 93 93 94 95 95 95 95 96 96 96
Part 6 Division 1 81 82 83 84 85 86 Division 2 87 88 Division 3 89 Division 4 90 Division 5 91 Division 6 92 93 94 95 Division 7 96 97 Division 8 98 99 100 101 102 103 104 105 106 7 Education (General Provisions) Act 1989 Parents and citizens associations Formation, objectives etc. of an association Formation of parents and citizens association . . . . . . . . . . . . . . . Formation of interim parents and citizens association . . . . . . . . . Objectives of an association. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Functions of an association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Manner of exercising power etc.. . . . . . . . . . . . . . . . . . . . . . . . . . Dissolution of association. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Officers of an association Officers of an association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacancy of officers of association . . . . . . . . . . . . . . . . . . . . . . . . Meetings of an association Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subcommittees of an association Subcommittees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Constitution of an association Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moneys, property and financial provisions in respect of an association Vesting and use of moneys and other property in respect of an association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Associations are statutory bodies. . . . . . . . . . . . . . . . . . . . . . . . . Financial year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Audit of association accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . Agreements relating to an association Power to enter into agreements . . . . . . . . . . . . . . . . . . . . . . . . . . President to sign agreements for an association . . . . . . . . . . . . . General provisions relating to an association Regulations to provide for membership . . . . . . . . . . . . . . . . . . . . Register of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Indemnification of association members . . . . . . . . . . . . . . . . . . . Association may employ. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mandatory insurance cover . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings in relation to an association. . . . . . . . . . . . . . . . . . . Authority of an association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Participation of association in school committees etc. . . . . . . . . . Disclosure of interests by members of association . . . . . . . . . . . 97 97 98 98 99 99 100 100 101 102 102 102 103 103 103 104 104 105 105 105 106 106 106 107 107 107
107 Division 9 108 109 110 111 112 113 Part 7 114 114A 114B 115 116 116A 116B 116C 117 118 119 Part 8 Division 1 120 121 Division 2 122 123 124 125 125A 125B Division 3 126 8 Education (General Provisions) Act 1989 Honorary life membership of association . . . . . . . . . . . . . . . . . . . Removal of member and officers of association Definitions for div 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Removal of nominated person by association . . . . . . . . . . . . . . . Grounds for removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure for removal of nominated person . . . . . . . . . . . . . . . . Submissions against removal. . . . . . . . . . . . . . . . . . . . . . . . . . . . Dealing with submissions against removal. . . . . . . . . . . . . . . . . . Compulsory education Compulsory schooling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Flexible arrangements—non-State school . . . . . . . . . . . . . . . . . . Flexible arrangements—State educational institution . . . . . . . . . Dispensation from compliance with compulsory enrolment and attendance provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for dispensation from compliance with compulsory enrolment and attendance provisions . . . . . . . . . . . . . . . . . . . . . Child’s suspension or exclusion . . . . . . . . . . . . . . . . . . . . . . . . . . Child’s illness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Activities under Commonwealth law. . . . . . . . . . . . . . . . . . . . . . . Information notice and meeting . . . . . . . . . . . . . . . . . . . . . . . . . . Penalty for noncompliance with compulsory education provisions .................................... Employment of children of compulsory school age . . . . . . . . . . . Allocation of State education Application and purpose of part Application of part to student below 15 . . . . . . . . . . . . . . . . . . . . Allocation of semesters for each student . . . . . . . . . . . . . . . . . . . Calculation of basic and remaining allocations Calculation of allocation where student begins schooling at State educational institution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Calculation of allocation if s 122(1) does not apply . . . . . . . . . . . Principal must consider remaining allocation for certain students ..................................... Notice to certain students about remaining allocation . . . . . . . . . Other notices about allocation . . . . . . . . . . . . . . . . . . . . . . . . . . . Copy of notices under this part to be given to parent etc. . . . . . . Extra semesters may be granted by principals Application for extra semesters if no remaining allocation . . . . . . 108 109 110 110 111 112 113 114 114 117 117 119 119 119 120 120 121 123 124 124 125 125 127 128 128 129 129
127 128 Division 4 129 130 Division 5 131 132 133 134 Part 8A Division 1 134A Division 2 134AB 134AC 134AD 134AE Division 3 134B 134C 134D 134E 134F 134G 134H 134I Part 9 135 136 137 138 139 9 Education (General Provisions) Act 1989 Principal must consider and decide application for extra semesters ...................................... Limitation on extra semesters granted by principals . . . . . . . . . . Submissions against principal’s decision Submissions against principal’s decision . . . . . . . . . . . . . . . . . . . Dealing with submissions against principal’s decision . . . . . . . . . Further semesters may be granted by chief executive Application for further semesters if no remaining allocation and after extra semesters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chief executive must consider and decide application for further semesters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chief executive to give notice to principal if further semesters granted ....................................... Limitation on further semesters granted by chief executive . . . . . Schools in receipt of subsidy Scholarships and allowances Provision of scholarships and allowances . . . . . . . . . . . . . . . . . . Financial data Requirement to give financial data . . . . . . . . . . . . . . . . . . . . . . . . Further information or documents relating to financial data . . . . . False or misleading information or documents. . . . . . . . . . . . . . . Confidentiality of financial data. . . . . . . . . . . . . . . . . . . . . . . . . . . Giving of allowance acquittal details Allowance acquittal details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Representations about show cause notice. . . . . . . . . . . . . . . . . . Ending show cause process without further action . . . . . . . . . . . Recommendation by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decision of Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minister’s discretion not limited. . . . . . . . . . . . . . . . . . . . . . . . . . . Various general provisions Formation of and participation in corporations etc. . . . . . . . . . . . Use of facilities and staff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Corporations and partnerships to furnish returns etc. . . . . . . . . . Audit requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on receiving etc. any wage, salary, fee etc. . . . . . . . 130 131 131 131 132 133 133 134 134 135 136 136 136 137 138 138 138 139 139 139 140 140 141 141 142 142
10 Education (General Provisions) Act 1989 140 142 142A 142B 143 144 146 146A 146B Part 10 Division 1AA 146C 146D 146E 146F 146G Division 1 147 148 Division 2 149 150 150A 151 152 Part 11 Division 1 153 156 157 Disposal of property donated for school or other educational purposes .................................... Provision for student hostels . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transportation assistance for students with disabilities . . . . . . . . Grants to other entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspection of places etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction on establishment of places for teaching overseas curriculum ..................................... Forming or establishing associations, trusts and other arrangements .................................. Obligation to report sexual abuse of student under 18 years attending State school . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligation to report sexual abuse of student under 18 years attending non-State school. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeals and miscellaneous matters Appeals against directions under section 48F or 48O Definition for div 1AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Starting an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeals against decisions under section 113, 130 or 132 Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous matters Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Allegation of false or misleading information or document . . . . . . Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions Transitional provisions before Education and Other Legislation Amendment Act 1999 References to Education Act 1964 . . . . . . . . . . . . . . . . . . . . . . . . Existing resolutions of associations about financial year . . . . . . . Removal of officers or members of association . . . . . . . . . . . . . . 142 143 143 144 144 145 147 148 149 150 151 151 151 152 152 153 154 154 154 155 155 155 156 156
Division 2 158 159 160 161 Division 3 162 163 164 165 166 Division 4 166A 166B 166C 166D 166E Division 5 166F 166G 166H 166I 166J Part 12 167 Part 13 168 169 170 Part 14 171 11 Education (General Provisions) Act 1989 Transitional and validation provisions for Education and Other Legislation Amendment Act 1999 Transitional provision about existing elected members of school councils ....................................... Transitional provision about guidelines. . . . . . . . . . . . . . . . . . . . . Validation of certain decisions made by Minister . . . . . . . . . . . . . Validation of conditions imposed on non-State school . . . . . . . . . Transitional and validation provisions for Education (Accreditation of Non-State Schools) Act 2001 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sections in div 2 ceasing to have effect . . . . . . . . . . . . . . . . . . . . Transitional provision about guidelines. . . . . . . . . . . . . . . . . . . . . Validation of decisions made by Minister . . . . . . . . . . . . . . . . . . . Validation of conditions imposed on non-State school . . . . . . . . . Transitional provisions for Youth Participation in Education and Training Act 2003 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing dispensations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing applications for a dispensation . . . . . . . . . . . . . . . . . . . . Proceedings for an offence against s 118 . . . . . . . . . . . . . . . . . . Compulsory school age . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions for Education Legislation Amendment Act 2004 Requirement to give financial data—2002 and 2003 . . . . . . . . . . Further information or documents relating to financial data . . . . . False or misleading information or documents. . . . . . . . . . . . . . . Confidentiality of financial data. . . . . . . . . . . . . . . . . . . . . . . . . . . Further amendment, or repeal, of Education (General Provisions) Regulation 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provision for compulsory education Transitional provision for compulsory education. . . . . . . . . . . . . . Validation provisions for home schooling dispensation Definitions for pt 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Validation of guidelines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of guidelines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Declaratory provision for Child Employment Act 2006 Further amendment, or repeal, of Education (General Provisions) Regulation 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 157 157 158 158 159 159 159 160 160 161 161 161 161 162 162 162 163 163 163 164 164 164 165
12 Education (General Provisions) Act 1989 Endnotes 1 2 3 4 5 6 7 8 9 10 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of forms notified or published in the gazette . . . . . . . . . . . . . . . . Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information about retrospectivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 166 167 167 168 168 172 189 190 194
s 1 13 s 2 Education (General Provisions) Act 1989 Education (General Provisions) Act 1989 [as amended by all amendments that commenced on or before 21 July 2006] An Act to consolidate and amend the law relating to education and for related purposes Part 1 Preliminary 1 Short title This Act may be cited as the Education (General Provisions) Act 1989 . 2 Interpretation (1) In this Act— accepted representations see section 134E(2). alternative association member , for the president of an association formed for a school, means a member of the association appointed by the president, under the association’s constitution, as a person to attend meetings of the school council established for the school in the place of the president. annual report , of the department, means the department’s annual report under the Financial Administration and Audit Act 1977 . appellant see section 146D. appointed member see section 54(13). approved form see section 151. association means a parents and citizens association formed under this Act and includes an interim parents and citizens association.
s 2 14 s 2 Education (General Provisions) Act 1989 at , in relation to premises, includes in or on the premises. basic allocation see section 5(1). board means the Accreditation of Non-State Schools Board established under the Education (Accreditation of Non-State Schools) Act 2001 . cancel , the enrolment at a State educational institution of a student who is more than compulsory school age, means prohibit the student from attending the institution, whether for a stated period or permanently. casual vacancy means a vacancy arising for a reason other than because a member has completed the member’s term of office. charge , for part 3, division 4, see section 26AA. compulsory school age see section 4A. conviction , for part 3, division 4, see section 26AA. coopted student member see section 54(13). corporation means the corporation sole preserved, continued in existence and constituted under this Act by the Minister for the time being by the name of ‘The Minister for Education of Queensland’. criminal history , for part 3, division 4, see section 26AA. 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 or other like-means. educational program includes a program under arrangements approved under section 114A or 114B. Education Office gazette means the official circular of the department. elected member means— (a) an elected parent member; or (b) an elected staff member; or (c) an elected student member. elected parent member see section 54(13).
s 2 15 s 2 Education (General Provisions) Act 1989 elected staff member see section 54(13). elected student member see section 54(13). employee , of a non-State school or State school, means a person engaged to carry out work at the school for financial reward. exclude , a student, means prohibit the student from attending a State educational institution or State educational institutions for a stated period or permanently. excluded person see sections 36(1) and (2) and 36E(3). extra semester , for a student, means a semester of State education granted by the principal of a State educational institution to the student, under part 8, division 3. 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. further semester , for a student, means a semester of State education granted by the chief executive to the student, under part 8, division 5. indictable offence includes an indictable offence dealt with summarily. materials includes documents. mature age State educational institution , for part 3, division 4, see section 26AA. mature age student , for part 3, division 4, see section 26AA.
s 2 16 s 2 Education (General Provisions) Act 1989 mature age student notice , for part 3, division 4, see section 26AA. model constitution , for a school council, see section 60. negative notice , for part 3, division 4, see section 26AA. 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 a school mentioned in paragraph (b) of the definition school in receipt of subsidy in section 134A(1). notice , for part 3, division 4, see section 26AA. notice recommending exclusion see section 34(3). official member , of a school council, means— (a) the school’s principal; or (b) if there is an association formed for the school—the president of the association. original decision , for part 3, division 4, subdivision 6, see section 26AO. original direction see section 146D. parent includes a guardian and every person who is liable to maintain or has the actual custody of a child. person under a cancellation see section 40. person with a disability see section 3(1). positive notice , for part 3, division 4, see section 26AA. premises includes a building together with surrounding land. preschool education means educational programs appropriate to the needs of children below compulsory school age and before enrolment in year 1. president means the president of an association. primary education means education offered in years numbered 1 to 7, both inclusive. primary school means a school, not being a special school, providing primary education.
s 2 17 s 2 Education (General Provisions) Act 1989 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 means the officer employed in the department who holds the position as the principal’s supervisor. reasonably satisfied means satisfied on reasonable grounds. reasonably suspects means suspects on grounds that are reasonable in the circumstances. registered teacher means a person registered as a teacher under the Education (Queensland College of Teachers) Act 2005. remaining allocation see section 5(3). school day means any day on which a school is operating as a school. school hours means the hours during which a school is open as a school. school in receipt of subsidy see section 134A(1). 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 year means all the days in a calendar year that are school days. secondary education means education offered in years numbered 8 to 12, both inclusive. secondary school means a school, not being a special school, providing secondary education. semester means semester 1 or semester 2. semester 1 means the period notified in the Education Office gazette as semester 1 .
s 2 18 s 2 Education (General Provisions) Act 1989 semester 2 means the period notified in the Education Office gazette as semester 2. serious offence , for part 3, division 4, see section 26AA. services means any performance of functions, doing of work, work done, or other activities, or whatever is necessary to provide assistance and advice. show cause notice see section 134D(2). show cause period see section 134D(2)(d). special education see section 3. special education developmental centre see section 3(5) . special school means a school providing special education. State educational institution means any educational institution established pursuant to section 16, 17 or 18. State preschool centre means the part of a primary school’s premises at which preschool education is provided by the State. State school means a school at which primary, secondary or special education is provided by the State. student means a person who is a student in accordance with subsection (3). suspend , a student, means prohibit the student from attending a State educational institution for a stated number of school days. teacher means a person who— (a) is a registered teacher; or (b) is a member of the educational staff of a State educational institution. (3) A person enrolled in a school or enrolled or registered in any other educational institution, or a person who, in the opinion of the Minister, is a student, is a student for the purposes of this Act.
s 3 19 s 4 Education (General Provisions) Act 1989 3 Definitions relating to special education (1) For this Act, a person with a disability is a person who, in the opinion of the Minister, is unlikely to attain the levels of development of which the person is capable unless the person receives special educational programs and services appropriate to the needs of the person. (2) Special education is the educational programs and services appropriate to the needs of persons with a disability. (3) Special education for persons with a disability is additional to, or otherwise different from, educational programs generally available to persons of that age who do not have a disability. (4) Also, special education may be provided to persons with a disability who are below compulsory school age. (5) A special education developmental centre is a facility (howsoever described) that provides special education to persons with a disability who are below compulsory school age. 4 References to student when student is a minor or under other legal disability (1) This section applies to a provision in part 8 or part 10, division 1 that states a student may appeal, make an application or submission, must be told about a decision or must be given a notice, and the relevant student is— (a) under 18 years; or (b) otherwise under a legal disability. (2) The person who may appeal or make the application or submission for the student, who must be told about the decision or to whom a notice must be given, is— (a) if a parent has care and control of the student—the parent; or (b) if another adult has care and control of the student—the adult. (3) In deciding who may appeal or make an application or submission, who must be told about a decision or to whom a
s 4A 20 Education (General Provisions) Act 1989 s5 notice must be given, the relevant State educational institution’s records may be relied on to decide— (a) if a parent, or another adult, has care and control of the student; and (b) the current residential address of the parent or adult. 4A Meaning of compulsory school age (1) A child is of compulsory school age if the child is at least 6 years and less than 16 years. (2) However, a child is no longer of compulsory school age if the child has completed year 10. 5 Meaning of basic allocation , remaining allocation etc. (1) Basic allocation is the allocation of 24 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 the principal of a State educational institution. (3) Remaining allocation , for a student, is— (a) if the student was a student with a basic allocation—the basic allocation less the number of semesters of State education provided to the student; or (b) if the student did not have a basic allocation—the number of semesters allocated to the student less the number of semesters of State education provided to the student. (4) Neither basic allocation nor remaining allocation includes an extra semester or further semester.
s 6 21 s 6 Education (General Provisions) Act 1989 Part 2 Corporation of the Minister and general powers of the Minister Division 1 Continuation of corporation sole 6 The corporation of the Minister (1) The corporation sole by the name of ‘The Minister for Education of Queensland’ constituted under the Education Act 1964 is hereby preserved, continued in existence, and constituted under this Act under that name and the Minister, including successively any and every Minister for the time being administering this Act, shall be such corporation sole by such name, and by such name shall have perpetual succession and an official seal, and shall be capable in law of— (a) suing and being sued in the Minister’s corporate name; (b) subject to and for the purposes of this Act, acquiring, holding, taking on lease, leasing, exchanging and disposing of property, real and personal, movable and immovable (whether situated in Queensland or elsewhere); (c) accepting gifts, grants, bequests or devises and creating and administering trust funds; (d) causing the formation of a corporation or partnership, and becoming a member of or managing a corporation or partnership for any purpose which may seem directly or indirectly calculated to further education in any way whatsoever; (e) forming or establishing or participating in the forming or establishing of any association, trust or other such arrangement for any purposes which may seem directly or indirectly calculated to further education in any way whatsoever; (f) doing and suffering all such other acts, matters and things as bodies corporate may in law do and suffer. (2) All courts, judges and persons acting judicially shall take judicial notice of the seal of the corporation affixed to any
s 6A 22 Education (General Provisions) Act 1989 s9 document or writing whatsoever, and, until the contrary is proved, shall presume that such seal was duly so affixed. 6A Excluded matter for Corporations legislation The corporation is declared to be an excluded matter for the Corporations Act, section 5F, 1 in relation to the whole of the Corporations legislation. 7 Corporation of the Minister is statutory body (1) Under the Statutory Bodies Financial Arrangements Act 1982 , the corporation is a statutory body. (2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the corporation’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 . 8 Agreements on use of premises Notwithstanding anything contained in this Act or any other Act or law or rule of law to the contrary, the corporation is empowered and it is hereby declared always has had such power, to enter into an agreement or agreements, with a view to allowing the use of premises controlled by it (with or without payment of rental or fee) for such purposes as it considers are for the benefit of the community. Division 2 General powers of Minister 9 Power of Minister to be member of committees etc. (1) The Minister, or a person authorised by the Minister for that purpose, may by prior invitation from or agreement with a committee, group or body— 1 Corporations Act, section 5F (Corporations legislation does not apply to matters declared by State or Territory law to be an excluded matter)
s 10 23 s 11 Education (General Provisions) Act 1989 (a) become and be a member of any committee, group or body, whether incorporated or not, that— (i) has among its objects education or research or any other matter associated with the process of learning or teaching; or (ii) in the opinion of the Minister, is engaged in the furtherance of education; and (b) enter into an agreement with any such committee, group or body in respect of any of those objects. (2) It is hereby declared that the Minister or a person authorised by the Minister for that purpose who exercised any power specified in subsection (1) prior to the commencement of this section always did have the power in question and all acts, agreements and payments made or entered into for those purposes shall have full force and effect. (3) Where pursuant to subsection (1)(a) the Minister is a member of any committee, group or body, the Minister may be a member of the directorate or other governing body of that committee, group or body. (4) The Minister may incur any liability and may pay such contributions as membership of a committee, group or body, pursuant to subsection (1), entails. 10 Production and sale of educational materials etc. (1) The Minister is authorised to produce and sell educational materials and sell services and to enter into an agreement with any person for those purposes and it is declared always has had those powers. (2) Nothing in subsection (1) shall be construed as conferring authority on the Minister to prescribe the use of any material or service produced pursuant to this section other than in a State educational institution. 11 Power of Minister to exploit commercially, certain facilities and resources The Minister is authorised to exploit commercially any facility or resource, including any study, research or
s 12 24 s 14 Education (General Provisions) Act 1989 knowledge, or the practical application thereof, developed by or within the department whether alone or in conjunction with any other person or body. 12 Appointment of advisory committees The Minister may from time to time establish such committees as the Minister thinks fit to advise the Minister on any aspect of education. 13 Delegation by Minister (1) The Minister may delegate to an appropriately qualified person any of the Minister’s powers under this Act (other than powers under sections 9(1)(a)(ii) and 113. 2 (2) In subsection (1)— appropriately qualified person includes having the qualifications, experience or standing appropriate to exercise the power. Example of standing— a person’s classification level in the department Part 3 State educational institutions Division 1 State education 14 Provision of State education (1) For every student attending a State educational institution established pursuant to section 16, 17 or 18(1)(c), there shall be provided an educational program in such subjects and of such duration as the Minister approves that— 2 Sections 9 (Power of Minister to be member of committees etc.) and 113 (Dealing with submissions against removal)
s 15 25 s 15 Education (General Provisions) Act 1989 (a) has regard to the age, ability, aptitude and development of the student concerned; (b) is an integral element within the total range of educational services offered with the approval of the Minister first had and obtained; (c) takes account and promotes continuity of the student’s learning experiences; (d) recognises and takes account of the nature of knowledge; (e) has regard to whether enrolment is compulsory or non-compulsory. (2) The duration of the educational program must be based on the basic allocation to a student. 15 Special education (1) The Minister may provide, or contribute to, special education for persons with a disability who are— (a) of compulsory school age; and (b) enrolled in a non-State school or receiving instruction by another method approved by the Minister for the purpose. (2) If special education is provided, or contributed to, by the Minister to a person with a disability under subsection (1), the governing body or person in charge of the non-State school or method of instruction must report to the Minister on the special education provided at the school or by the method. (3) The report must be made at the times, in the way and contain the particulars, required by the Minister. (4) Subject to the agreement of the parent of a person with a disability who is below compulsory school age, special education may be provided to the person in a way provided for in this section or section 14.
s 16 26 s 19 Education (General Provisions) Act 1989 Division 2 General provisions relating to State educational institutions 16 Power to establish State schools The Minister may establish, maintain and carry on State schools that the Minister considers necessary. 17 Power to establish other ways of educational instruction The Minister may establish, maintain and carry on other ways of educational instruction that the Minister considers necessary, including, for example— (a) environmental education centres; and (b) outdoor education centres; and (c) centres for continuing secondary education. 18 Establishment of certain centres, student hostels, student residential colleges and other State educational institutions (1) If the Minister considers it necessary or convenient for the purposes of this Act, the Minister may establish and conduct— (a) centres for the support and development of teachers and other officers of the department; or (b) student hostels or student residential colleges; or (c) other State educational institutions. (2) The Minister may provide resources for any association, person or body, the objects of which are to provide for the support and development of teachers and other officers of the department. 19 Curriculum framework for State educational institutions (1 ) The Minister may decide on a curriculum framework that is to apply to each educational institution established under section 16, 17 or 18(1)(c).
s 19A 27 Education (General Provisions) Act 1989 s 19B (2) In this section— curriculum framework means the framework under which the principal of the institution may decide the range of learning experiences to be offered to students enrolled at the institution. 19A Development and revision of 1–12 syllabuses and preschool guidelines (1) The Minister may develop and revise 1–12 syllabuses and preschool guidelines. (2) In this section— 1–12 syllabuses means syllabuses for areas of learning in 1 or more of the years 1 to 12 years of schooling. preschool guidelines means guidelines for the preschool year of schooling. 19B Implementation of syllabus, course or preschool guideline at a State educational institution (1) In providing education in an area of learning, a relevant State educational institution may only implement— (a) an approved syllabus or accredited syllabus for the area of learning; or (b) for an institution that is a registered training organisation—an accredited course. ( 2) The Minister may direct the principal of a relevant State educational institution to ensure that the institution provides education in a stated area of learning. (3) The Minister may direct the principal of a relevant State educational institution that, in providing education in an area of learning, the institution must implement— (a) a stated approved syllabus or accredited syllabus for the area of learning; or (b) for an institution that is a registered training organisation—a stated accredited course.
s 19C 28 Education (General Provisions) Act 1989 s 19C (4) The Minister may direct the principal of a relevant State educational institution that, in providing education in the preschool year of schooling, the institution must implement a stated approved preschool guideline or accredited preschool guideline. (5) In this section— accredited course means a course accredited under the Vocational Education, Training and Employment Act 2000 . accredited preschool guideline means a preschool guideline accredited, by the authority under the Education (Queensland Studies Authority) Act 2002 , for the preschool year of schooling . accredited syllabus , for an area of learning, means a 1–12 syllabus, accredited by the authority under the Education (Queensland Studies Authority) Act 2002 , for the area of learning . approved preschool guideline means a preschool guideline approved, by the authority under the Education (Queensland Studies Authority) Act 2002 , for the preschool year of schooling . approved syllabus , for an area of learning, means a 1–12 syllabus developed or revised, and approved, by the authority under the Education (Queensland Studies Authority) Act 2002 for the area of learning . area of learning includes— (a) a subject; and (b) a vocational education program. registered training organisation means a registered training organisation under the Vocational Education, Training and Employment Act 2000 . relevant State educational institution means an educational institution established under section 16, 17 or 18(1)(c). 19C Direction by Minister about tests (1) The Minister may direct the principal of an educational institution established under section 16, 17 or 18(1)(c),
s 20 29 s 22 Education (General Provisions) Act 1989 providing education to students in the year of schooling to which an approved 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 authority under the Education (Queensland Studies Authority) Act 2002 . 20 Use of State educational institutions (1) Notwithstanding anything contained in this or any other Act or law that the land in question is reserved for a particular purpose, the Minister or an officer, or a class of officer so authorised by the Minister, may give permission (and it is hereby declared always has had such power) for the premises of a State educational institution to be used for any purpose (including a purpose not connected with education). (2) Permission may be given under subsection (1) on conditions the Minister or officer considers appropriate on reasonable grounds. (3) Any permission given under subsection (1) and any agreement entered into in fulfilment of any condition subject to which the permission is given shall be of full force and effect notwithstanding anything to the contrary in any Act or law relating to unallocated State lands or lands reserved and set apart for any purpose. 21 Inspection of State educational institutions The Minister shall cause every State educational institution to be inspected at such intervals and in such manner as appear to the Minister to be appropriate. 22 Investigation of complaint The chief executive shall investigate expeditiously any complaint, which in the opinion of the chief executive is not a frivolous or vexatious complaint, in connection with the administration, management and operation of a State educational institution.
s 23 30 s 25 Education (General Provisions) Act 1989 23 State educational institutions may be discontinued A State educational institution may be discontinued and the property, facilities and other assets used in connection therewith sold or otherwise disposed of. 24 Instruction to be free (1) In State schools, the cost of instruction of children whose parents are domiciled in the State shall be defrayed by the State. (2) This section applies subject to section 24A. 24A Fee for distance education provided by a State school (1) This section applies to a person enrolled in a program of distance education at a State school. (2) The fee prescribed under a regulation must be paid for the provision of distance education to the person under the program. (3) Despite subsection (2), the fee is not payable in the circumstances prescribed under a regulation. Division 3 General provisions relating to State schools 25 School records and reports (1) The principal of a State school 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. (2) A person, whether the person is an officer of the department or not, who fails to preserve and aid in preserving secrecy
s 26 31 s 26 Education (General Provisions) Act 1989 with regard to all confidential matters concerning any student contained in school records and in the records of the department or who communicates any such matter to any person except— (a) to a person authorised by the chief executive to receive such information; or (b) to a lawfully constituted court or tribunal; or (c) as required to carry out the person’s approved duties; or (d) in compliance with a requirement under an Act; commits an offence against this Act. Maximum penalty—10 penalty units. (3) No act or thing done or omitted by any person for the purposes of this Act or done or omitted in good faith and without negligence by any person purporting to act for the purposes of this Act shall subject that person or any person acting in aid of that person to liability in respect thereof. 26 Religious 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.
s 26AA 32 Education (General Provisions) Act 1989 s 26AA (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 State preschool centres. Division 4 Provisions relating to mature age students Subdivision 1 Preliminary 26AA Definitions for div 4 In this division— 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 the State. conviction means a finding of guilt by a court, or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded. criminal history , of a person, means— (a) every conviction of the person for an offence, in Queensland or elsewhere, at any time and whether before or after the commencement of this division; and (b) every charge made against the person for an offence, in Queensland or elsewhere, at any time and whether before or after the commencement of this division and whatever the outcome of the charge. mature age State educational institution means a State educational institution other than— (a) a school of distance education; or (b) a special school.
s 26AB 33 Education (General Provisions) Act 1989 s 26AC mature age student , in relation to a mature age State educational institution, means an adult enrolled with the institution. mature age student notice means a mature age student notice issued under section 26AE. negative notice see section 26AE(1)(b) . notice means written notice. positive notice see section 26AE(1)(a). serious offence see the Commission for Children and Young People and Child Guardian Act 2000 , schedule 4. 26AB This division applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986 This division applies to a person despite anything in the Criminal Law (Rehabilitation of Offenders) Act 1986 . Subdivision 2 Obligation relating to mature age student notices 26AC Obligation of mature age State educational institution’s principal (1) A mature age State educational institution’s principal must not enrol a person as a mature age student with the institution unless the person has a current positive notice for the enrolment. (2) Subsection (1) does not apply if— (a) the person has previously been enrolled with a non-State school or State educational institution (the previous school or institution ) and on the day of enrolment was a child; and (b) the period commencing on the last day of attendance of the person at the previous school or institution and ending on the day before the proposed first day of attendance of the person at the mature age State educational institution is not more than 12 months.
s 26AD 34 Education (General Provisions) Act 1989 s 26AD Subdivision 3 Issue of mature age student notices 26AD Application for mature age student notice (1) A person, other than a visa holder, who wishes to be a mature age student of a particular mature age State educational institution may apply to the chief executive for a mature age student notice stating whether the person is a suitable person to be a mature age student of the institution. (2) The application must be— (a) in the approved form; and (b) signed by the person; and (c) accompanied by the fee prescribed under a regulation. (3) The approved form must include provision for identifying information about the person. (4) The person may withdraw the application at any time before it is decided. (5) On receiving the application, the chief executive may ask the person, orally or in writing, for further information that the chief executive reasonably needs to establish the person’s identity. (6) The person is taken to have withdrawn the application if— (a) the chief executive gives the person a notice— (i) asking the person to provide, within a reasonable stated time, stated information that the chief executive reasonably needs to establish the person’s identity; and (ii) warning the person that, if the person does not comply with the request, the person’s application will be taken to have been withdrawn; and (b) the person does not comply with the request within the stated time; and (c) the chief executive can not establish with certainty the person’s identity; and
s 26AE 35 Education (General Provisions) Act 1989 s 26AE (d) the chief executive gives the person a notice stating that the person is taken to have withdrawn the application. (7) In this section— visa holder means a person who holds a visa issued under the Migration Act 1958 (Cwlth). 26AE Decision on application (1) The chief executive must decide the application, as soon as practicable after receiving it, by issuing— (a) a mature age student notice declaring the person to be a suitable person to be a mature age student of the institution (a positive notice ); or (b) a mature age student notice declaring the person to be an unsuitable person to be a mature age student of the institution (a negative notice ). (2) If the chief executive is not aware of any convictions or charges of the person for any offence, the chief executive must issue a positive notice. (3) Subsection (4) applies if the chief executive is aware of— (a) a conviction of the person for an offence, other than a serious offence; or (b) a charge of the person for an offence. (4) The chief executive must issue a positive notice unless the chief executive is satisfied it is an exceptional case in which it would not be in the best interests of children for the chief executive to issue a positive notice. (5) If the chief executive is aware of a conviction of the person for a serious offence, the chief executive must issue a negative notice unless the chief executive is satisfied it is an exceptional case in which it would not harm the best interests of children for the chief executive to issue a positive notice. (6) If the chief executive is aware of a conviction or charge of the person for an offence, the chief executive must decide the application having regard to the following matters relating to the commission, or alleged commission, of the offence by the person—
s 26AF 36 Education (General Provisions) Act 1989 s 26AF (a) whether it is a conviction or a charge; (b) whether the offence is a serious offence; (c) when the offence was committed or is alleged to have been committed; (d) the nature of the offence and its relevance to the person being a mature age student of the institution; (e) anything else the chief executive reasonably considers to be relevant to the assessment of the person. (7) On deciding the application, the chief executive must— (a) issue the mature age student notice to the person; and (b) give a copy of the notice to the institution’s principal. (8) A negative notice issued to the person must be accompanied by a notice stating— (a) the reasons for the chief executive’s decision on the application; and (b) that, within 40 days after receiving the notices, the person may apply to the chief executive to have the decision reviewed; and (c) how the person may apply for the review. 26AF Chief executive to invite submissions from person about criminal history (1) If the chief executive proposes to decide the application by issuing a negative notice, the chief executive must give the person a notice— (a) stating information about the person’s criminal history of which the chief executive is aware; and (b) inviting the person to give the chief executive, within a stated time, a submission (oral or written) about the information or about the person’s suitability to be a mature age student of the institution. (2) The stated time must be reasonable and, in any case, at least 7 days after the chief executive gives the notice to the person.
s 26AG 37 Education (General Provisions) Act 1989 s 26AH (3) Before deciding the application, the chief executive must consider any submission received from the person within the stated time. 26AG Currency of positive notice A positive notice remains current for a period of 6 months after it is issued. Subdivision 4 Provisions about criminal history 26AH Criminal history check etc. (1) This section applies to a person if— (a) the chief executive has received an application for a mature age student notice about the person and the application has not been withdrawn; or (b) the person has been issued with a positive notice for a particular mature age State educational institution, but has not become a mature age student of the institution; or (c) the person— (i) is a mature age student of a mature age State educational institution; and (ii) was 18 years or more on the day of enrolment with the institution. (2) The chief executive may ask the commissioner of the police service to give the chief executive a written report about the criminal history of the person. (3) Also, the chief executive may ask the commissioner of the police service to give the chief executive a brief description of the circumstances of a conviction or charge, for an offence, mentioned in the person’s criminal history. (4) Subject to subsection (5), the commissioner of the police service must comply with a request under subsection (2) or (3).
s 26AI 38 Education (General Provisions) Act 1989 s 26AI (5) The duty imposed on the commissioner of the police service to comply with the request applies only to information in the possession of the commissioner or to which the commissioner has access. 26AI Notice of change in criminal history (1) If the commissioner of the police service reasonably suspects that a person who is charged with an offence is a person mentioned in section 26AH(1)(a) to (c), the commissioner may notify the chief executive about the change in the person’s criminal history. (2) 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 was charged with; (d) particulars of the offence; (e) the date of the charge. (3) The chief executive may confirm the suspicions of the commissioner of the police service under subsection (1). (4) If the person is a person to whom section 26AJ(2) applies, the chief executive, on receiving notice under subsection (1), may write to the person to inform the person of the person’s obligations under section 26AJ(2). (5) For this section, the chief executive may give the commissioner of the police service— (a) information as to whether the person is a person mentioned in section 26AH(1)(a) to (c); and (b) if the person is a person mentioned in section 26AH(1)(a) to (c), the name of the person and other identifying information about the person, including the person’s date and place of birth and any alias. (6) Information given to the commissioner of the police service under subsection (5) must be used only for this division.
s 26AJ 39 Education (General Provisions) Act 1989 s 26AK 26AJ Disclosure of change in criminal history (1) Subsection (2) applies to a person who— (a) is a mature age student of a mature age State educational institution; and (b) was 18 years or more on the day of enrolment with the institution. (2) If there is a change in the person’s criminal history, the person must immediately disclose to the chief executive the details of the change. Maximum penalty—20 penalty units. (3) For a person who does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires a criminal history. 26AK Requirements for disclosure (1) To comply with section 26AJ(2), a person must give the chief executive a disclosure in the approved form. (2) The information disclosed by a person about a conviction or charge for an offence in the person’s criminal history must include— (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 person.
s 26AL 40 Education (General Provisions) Act 1989 s 26AM 26AL Use of criminal history information The chief executive must not use information obtained under this division about a person’s criminal history other than for this division or part 4, division 3A. 3 26AM Confidentiality of information about criminal history (1) This section applies to a person who— (a) is, or has been, an officer of the department; and (b) in that capacity acquired information, or gained access to a document, under this division about someone else’s criminal history. (2) The person must not disclose the information, or give access to the document, to anyone else. Maximum penalty—20 penalty units. (3) Subsection (2) does not apply to the disclosure of information, or giving of access to a document, about a person— (a) to the chief executive for the purpose of the chief executive deciding whether to— (i) issue a mature age student notice to the person; or (ii) cancel a positive notice issued to the person; or (iii) exclude the person from a State educational institution under part 4, division 3A; or (b) with the person’s consent; or (c) if the disclosure or giving of access is permitted or required under an Act or other law. 3 Part 4 (Good order and management of State educational institutions and non-State schools), division 3A (Exclusion of students by chief executive)
s 26AN 41 Education (General Provisions) Act 1989 s 26AN Subdivision 5 Cancellation and replacement of positive notices 26AN Wrong, incomplete or new information (1) This section applies to a person who has been issued with a positive notice for a mature age State educational institution, but has not become a mature age student of the institution. (2) The chief executive may cancel the positive notice (the first notice ) and substitute a negative notice (the new notice ) if the chief executive is satisfied— (a) the decision on the application for the first notice was based on wrong or incomplete information; and (b) based on the correct or complete information, the chief executive should issue the new notice. (3) Also, the chief executive may cancel a positive notice about the person and substitute a negative notice (also the new notice ), having regard to information about the person received by the chief executive under section 26AI(1). 4 (4) However, if the chief executive proposes to substitute a negative notice, the chief executive must first comply with section 26AF, 5 as if— (a) the reference in section 26AF(1) to deciding the application by issuing a negative notice were a reference to substituting a negative notice for a positive notice; and (b) the reference in section 26AF(3) to deciding the application were a reference to substituting a negative notice for a positive notice. (5) The chief executive must— (a) issue the new notice to the person; and 4 Section 26AI (Notice of change in criminal history) 5 Section 26AF (Chief executive to invite submissions from person about criminal history)
s 26AO 42 Education (General Provisions) Act 1989 s 26AR (b) give a copy of the new notice to the institution’s principal. (6) A new notice issued to the person under subsection (5) must be accompanied by a notice stating— (a) the reasons for the chief executive’s decision to issue the new notice; and (b) that, within 40 days after receiving the notices, the person may apply to the chief executive to have the decision reviewed; and (c) how the person may apply for the review. Subdivision 6 Review of decisions 26AO Definition for sdiv 6 In this subdivision— original decision see section 26AP. 26AP Who may apply for review A person may apply to the chief executive for a review of a decision (the original decision ) of the chief executive to issue the person with a negative notice for a mature age State educational institution. 26AQ Applying for review (1) The application must be made within 40 days after the person is given notice of the original decision. (2) The chief executive may, at any time, extend the time for applying for the review. (3) The application for review must be in writing and state fully the grounds of the application. 26AR Review decision (1) The chief executive must conduct the review on—
s 26AS 43 Education (General Provisions) Act 1989 s 26AS (a) the material that led to the original decision; and (b) the reasons for the original decision; and (c) any other relevant material the chief executive allows (the allowed material ). (2) For the review, the chief executive must give the applicant a reasonable opportunity to make written representations to the chief executive. (3) Without limiting subsection (2), if the allowed material affects the chief executive’s decision, the chief executive must give the applicant a reasonable opportunity to make written representations to the chief executive on the material. (4) After reviewing the original decision, the chief executive must make a further decision (the review decision ) to— (a) confirm the original decision; or (b) cancel the negative notice and substitute a positive notice. (5) The chief executive must, as soon as practicable, give the applicant notice (the review notice ) of the review decision. (6) If the review decision is to confirm the original decision, the review notice must also state the reasons for the review decision. (7) If the review decision is to cancel the negative notice and substitute a positive notice, the chief executive must— (a) issue the positive notice to the person; and (b) give a copy of the positive notice to the institution’s principal. Subdivision 7 General provisions 26AS False or misleading information or documents (1) A person must not under this division give information to the chief executive the person knows is false or misleading in a material particular. Maximum penalty—20 penalty units.
s 26AT 44 Education (General Provisions) Act 1989 s 26AT (2) A person must not under this division give the chief executive a document containing information the person knows is false or misleading in a material particular. Maximum penalty—20 penalty units. (3) Subsection (2) does not apply to a person if the person, when giving the document— (a) tells the 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. 26AT Time limit on new application for mature age student notice (1) This section applies if— (a) a person makes an application for a mature age student notice (the first application ) in relation to a particular mature age State educational institution; and (b) the chief executive decides the application by issuing the person with a negative notice. (2) The person may not make another application for a mature age student notice in relation to the institution within 1 year after the person is notified of the decision on the first application.
s 26A 45 Education (General Provisions) Act 1989 s 27 Part 4 Good order and management of State educational institutions and non-State schools Division 1AA Preliminary 26A Definition for pt 4 In this part— court means— (a) for an application or appeal relating to a child—the Childrens Court; or (b) otherwise—a Magistrates Court. Division 1 Behaviour management plans 27 Principal is responsible for behaviour management plans (1) The principal of each State educational institution must ensure a process is put in place for developing a behaviour management plan for the institution. (2) The plan for an institution must— (a) promote a supportive environment at the institution so all members of the institution’s community may work together in developing acceptable standards of behaviour to create a caring, productive and safe environment for learning; and (b) promote an effective teaching and learning environment at the institution, that allows positive aspirations, relationships and values to develop; and (c) foster mutual respect among all individuals at the institution; and
s 28 46 s 29 Education (General Provisions) Act 1989 (d) encourage all students attending the institution to take increasing responsibility for their own behaviour and the consequences of their actions. (3) The principal of an institution must take all reasonable steps to ensure the institution’s behaviour management plan is implemented consistently, fairly and reasonably. (4) Also, the principal must ensure the plan is reviewed from time to time. Division 2 Suspension of students 28 Grounds for suspension of student Each of the following is a ground for suspending a student from a State educational institution— (a) disobedience by the student; (b) misconduct of the student; (c) other conduct of the student that is prejudicial to the good order and management of the State educational institution or State educational institutions. 29 Suspension of student (1) This section applies if the principal of a State educational institution is reasonably satisfied grounds exist to suspend a student from the institution. (2) The principal may suspend the student from the institution— (a) for not more than 5 school days; or (b) if the principal is satisfied the behaviour was so serious that the suspension should be for longer than 5 school days—for not more than 20 school days. (3) The principal must give the student a written notice stating— (a) the student is suspended and the reason for the suspension; and (b) the period of the suspension.
s 30 47 s 32 Education (General Provisions) Act 1989 (4) If the suspension is for more than 5 school days, the notice must also state— (a) the student may make a submission against the suspension to the principal’s supervisor; and (b) the title, name and address of the principal’s supervisor; and (c) the way in which the submission may be made. 30 Placement of certain students in alternative education program If a student is suspended for more than 5 school days, the principal must coordinate arrangements for placing the student in an alternative education program that allows the student to continue with the student’s education. 31 Submissions against suspensions for more than 5 school days (1) A student suspended for more than 5 school days may make a submission against the suspension. (2) The submission must be made to the principal’s supervisor and state fully the grounds for the submission and the facts relied on. 32 Dealing with submissions against suspensions (1) If a submission is made to a principal’s supervisor, the supervisor must promptly consider the decision and the submission and— (a) affirm the decision; or (b) vary the decision; or (c) set aside the decision and make a new decision in substitution of the decision to suspend. (2) After the supervisor has decided to affirm, vary or set aside the principal’s decision to suspend, the supervisor must— (a) as soon as possible tell the student and the principal—
s 33 48 s 34 Education (General Provisions) Act 1989 (i) about the supervisor’s decision; and (ii) if the supervisor’s decision allows the student to return to school earlier than if the principal’s decision had been affirmed—about when the student may return to school; and (b) within 7 days after telling the student about the decision—give the student and the principal written notice of the decision and the reasons. Division 3 Exclusion of students by supervisor 33 Grounds for exclusion of student by supervisor The grounds for excluding a student from a State educational institution or State educational institutions are— (a) any of the following— (i) disobedience by the student; (ii) misconduct of the student; (iii) other conduct of the student that is prejudicial to the good order and management of the State educational institution or State educational institutions; and (b) the student’s disobedience, misconduct or other conduct is so serious that suspension of the student is inadequate to deal with the behaviour. 34 Suspension pending dealing with recommendation for exclusion (1) This section applies if the principal of a State educational institution is reasonably satisfied grounds exist to exclude a student from the institution or State educational institutions. (2) The principal may— (a) recommend to the principal’s supervisor that the student be excluded from the institution or stated State educational institutions; and
s 35 49 s 35 Education (General Provisions) Act 1989 (b) suspend the student from the institution pending the supervisor’s decision about the recommendation. (3) The principal must give the student a written notice (the notice recommending exclusion ) stating— (a) the principal has recommended to the principal’s supervisor that the student be excluded from the institution and the reason for the recommendation; and (b) the student is suspended pending the supervisor’s decision about the recommendation; and (c) the student may make a submission to the principal’s supervisor against the suspension and recommendation for exclusion no later than 5 school days after the day the notice is given to the student or the longer period allowed by the supervisor under section 35(3); and (d) the title, name and address of the principal’s supervisor; and (e) the way in which the submission may be made. (4) The principal must promptly give a copy of the notice to the principal’s supervisor. 35 Submissions against suspension and recommendation for exclusion (1) A student given a notice recommending exclusion may make a submission against the suspension and recommendation for exclusion. (2) The submission must— (a) be made to the principal’s supervisor no later than 5 school days after the day the notice is given to the student; and (b) state fully the grounds for the submission and the facts relied on. (3) If, no later than 5 school days after the day the notice is given to the student, the supervisor is contacted by a person who may make a submission in relation to the notice asking for a
s 36 50 s 36 Education (General Provisions) Act 1989 longer period within which to make the submission, the supervisor may, by written notice, state a longer period allowed for submissions. 36 Exclusion of student by supervisor (1) If— (a) a principal of a State educational institution, under section 34(2), recommended to the principal’s supervisor that a student at the institution be excluded from the institution or State educational institutions for a period or permanently and gave the student a notice recommending exclusion; and (b) 5 school days after the day the student was given the notice, or the longer period allowed by the supervisor under section 35(3), have expired and the supervisor— (i) has not, before the expiry, received a submission against the suspension and recommendation for exclusion; or (ii) has received a submission before the expiry and considered the submission; and (c) the supervisor is reasonably satisfied grounds exist to exclude the student from the institution or State educational institutions; the supervisor may, no later than 20 school days after the day the notice was given to the student, exclude the student (the excluded person ) from the institution or State educational institutions for a period or permanently. (2) Also, even though a principal of a State educational institution did not recommend to the principal’s supervisor that a student at the institution be excluded from the institution or State educational institutions, the supervisor may exclude the student (also the excluded person ) from the institution or State educational institutions for a period or permanently, if the supervisor is reasonably satisfied grounds exist to exclude the student from the institution or State educational institutions.
s 36 51 s 36 Education (General Provisions) Act 1989 (3) A supervisor must give an excluded person a written notice stating— (a) the person is excluded from the stated institution or institutions and the reason for the exclusion; and (b) the period of the exclusion; and (c) the person may make a submission to the chief executive against the exclusion; and (d) the title, name and address of the chief executive; and (e) the way in which the submission may be made. (4) Even if the supervisor may, under subsection (1), exclude the student from the institution or State educational institutions, the supervisor may decide not to exclude the student if the supervisor is reasonably satisfied the student may be allowed to return to the institution without compromising the good order and management of the institution. (5) If the supervisor decides not to exclude the student, the supervisor must— (a) as soon as possible tell the student and the principal— (i) about the decision; and (ii) that the suspension has ended and the student may return to the institution; and (b) within 7 days after telling the student about the decision—give written notice to the student, and the principal, about the supervisor’s decision and the reasons for the decision. (6) The supervisor’s power under this section to exclude the student from State educational institutions applies to an institution only if the supervisor is the supervisor of the principal of the institution.
s 36A 52 Education (General Provisions) Act 1989 s 36BA Division 3A Exclusion of students by chief executive 36A Chief executive’s power to exclude student (1) The chief executive may exclude a student from a stated State educational institution, or all State educational institutions, if the chief executive is 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. 36B Grounds for exclusion of student by chief executive Despite section 33, the grounds for excluding a student under this division are— (a) the student’s attendance at the institution or institutions presents an unreasonable risk to the safety of other students or staff; or (b) the student has persistently engaged in gross misbehaviour that adversely affects the education of other students. 36BA Grounds for exclusion of mature age student by chief executive (1) This section applies to a person who— (a) is a mature age student of a mature age State educational institution; and (b) was 18 years or more on the day of enrolment with the institution. (2) Despite section 33 and without limiting section 36B(a), each of the following is a ground for excluding the student from the institution under this division— (a) the student has been convicted of a serious offence; (b) the student has been convicted of an offence, other than a serious offence and the chief executive is satisfied it is
s 36C 53 Education (General Provisions) Act 1989 s 36C an exceptional case in which it would not be in the best interests of children for the student to continue to be enrolled at the institution; (c) the student has been charged with an offence and the chief executive is satisfied it is an exceptional case in which it would not be in the best interests of children for the student to continue to be enrolled at the institution. 36C Suspension pending final decision about exclusion (1) If the chief executive is reasonably satisfied a ground exists to exclude a student from an institution or institutions, and the student is not already suspended or excluded from the institution or institutions, the chief executive must immediately suspend the student from the institution or institutions pending a final decision about the exclusion. (2) The chief executive must give the student a notice stating— (a) that the student is immediately suspended from the institution or institutions or, if the student is already suspended or excluded from the institution or institutions, that the suspension or exclusion continues until a final decision is made about the chief executive’s proposed exclusion; and (b) that the chief executive proposes to exclude the student from the institution or institutions; and (c) the reason for the proposed exclusion; and (d) if the proposed exclusion is not permanent—the period of the proposed exclusion; and (e) that the student may make a submission to the chief executive against the proposed exclusion within 5 school days after the day the notice is given to the student or the longer period allowed by the chief executive; and (f) the title, name and address of the chief executive; and (g) the way in which the submission may be made.
s 36D 54 Education (General Provisions) Act 1989 s 36E (3) The chief executive must immediately give copies of the notice to the principal of the institution with which the student is enrolled and the principal’s supervisor. 36D Submissions against proposed exclusion (1) A student given a notice under section 36C may make a submission against the proposed exclusion in the way stated in the notice. (2) The submission must— (a) be made to the chief executive no later than 5 school days after the day the notice is given to the student; and (b) state fully the grounds for the submission and the facts relied on. (3) If, within 5 school days after the notice is given to the student, the student asks the chief executive for a longer period to make the submission, the chief executive may, by notice, state a longer period allowed for submissions. 36E Exclusion of student by chief executive (1) After considering any submissions received from a student under section 36D, the chief executive must decide whether to exclude the student and, if so, the period of the exclusion. (2) The chief executive may not decide to exclude the student for a longer period than the period of the proposed exclusion stated in the notice given to the student under section 36C. (3) If the chief executive is reasonably satisfied a ground exists to exclude the student from an institution or institutions, the chief executive must give the student (the excluded person ) a notice stating— (a) that the student is excluded from the stated institution or institutions; and (b) the reason for the exclusion; and (c) if the proposed exclusion is not permanent—the period of the exclusion; and
s 37 55 s 38 Education (General Provisions) Act 1989 (d) that the student may make a submission asking the chief executive to review the exclusion; and (e) the title, name and address of the chief executive; and (f) the way in which the submission may be made. (4) If the chief executive decides not to exclude the student, the chief executive must give the student a notice stating— (a) the decision; and (b) that the suspension has ended and the student may return to the institution or institutions the student was attending before the suspension. (5) If the chief executive gives a notice under subsection (4), the suspension under section 36C, and any other suspension or exclusion of the student under this part, ends. (6) The chief executive must give notice of the decision about the exclusion to the principal of the institution with which the student is or was enrolled and the principal’s supervisor. Division 3B Review of decisions about exclusion 37 Submissions against exclusions (1) If an exclusion is made under division 3 or 3A, the excluded person may make a submission against the exclusion. (2) The submission must be made to the chief executive and state fully the grounds for the submission and the facts relied on. 38 Dealing with submissions against exclusions (1) If a submission is made to the chief executive, the chief executive must, within 40 business days after receiving the submission, consider the decision and the submission and— (a) affirm the decision; or (b) vary the decision; or
s 38A 56 Education (General Provisions) Act 1989 s 38A (c) set aside the decision and make a new decision in substitution of the decision to exclude. (2) After the chief executive has decided to affirm, vary or set aside the decision, the chief executive must— (a) as soon as possible tell the excluded person and the principal— (i) about the chief executive’s decision; and (ii) if the chief executive’s decision allows the excluded person to return to school earlier than if the supervisor’s decision or chief executive’s original decision had been affirmed—about when the excluded person may return to school; and (b) within 7 days after telling the excluded person about the decision—give written notice to the excluded person, and the relevant principal and supervisor, about the chief executive’s decision and the reasons for the decision. (3) If the original decision was made under division 3A 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 original decision; or (b) a person in a less senior office than the person who made the original decision. 38A Periodic review of decision to exclude on ground mentioned in s 36B (1) This section applies while a person (the student ) is excluded on a ground mentioned in section 36B. (2) Within 1 month before the end of each school year, the chief executive must give the student a notice stating— (a) that the student may make a written submission to the chief executive about whether the exclusion should be revoked; and (b) the title, name and address of the chief executive; and (c) the way in which the submission may be made; and
s 38A 57 Education (General Provisions) Act 1989 s 38A (d) the time, not less than 14 days after the notice is given, by which the submission must be made. (3) At any time before deciding whether to revoke the exclusion under this section, the chief executive may extend the time for making a submission. (4) The student may make a submission, in the way stated in the notice, within the time stated in the notice or any later time allowed under subsection (3). (5) After considering any submissions received from the student under subsection (4), the chief executive must— (a) decide whether to revoke the exclusion; and (b) give written notice of the decision and the reasons for the decision to— (i) the student; and (ii) the principal of the institution with which the student was enrolled immediately before the exclusion started; and (iii) the principal’s supervisor. (6) The chief executive must revoke the exclusion to the extent it applies to an institution if the chief executive is reasonably satisfied— (a) the ground mentioned in section 36B(a) does not apply; and (b) if the student was excluded on the ground mentioned in section 36B(b)—the gross misbehaviour is unlikely to continue if the student were allowed to attend the institution. (7) Otherwise, the chief executive must not revoke the exclusion. (8) 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 institution.
s 39 58 s 40 Education (General Provisions) Act 1989 Division 4 Cancellation of enrolment of students above compulsory school age 39 Grounds for cancelling enrolment of student more than compulsory school age (1) The grounds for cancelling the enrolment at a State educational institution of a student who is more than compulsory school age are— (a) the student’s persistently disruptive behaviour is adversely affecting the education of other students at the institution; or (b) the student’s behaviour amounts to a refusal to participate in the program of instruction provided at the institution. (2) The enrolment of a student of compulsory school age may not be cancelled under this division. 40 Cancellation of student’s enrolment (1) This section applies if the principal of a State educational institution is reasonably satisfied grounds exist to cancel the enrolment at the institution of a student who is more than compulsory school age. (2) The principal may cancel the enrolment at the institution of the student (the person under a cancellation ) for a period or permanently. (3) The principal must give the person under the cancellation a written notice stating— (a) the person’s enrolment at the institution is cancelled and the reason for the cancellation; and (b) the period of the cancellation; and (c) the person may make a submission against the cancellation to the principal’s supervisor; and
s 41 59 s 42 Education (General Provisions) Act 1989 (d) the title, name and address of the principal’s supervisor; and (e) the way in which the submission may be made. (4) The principal must also give a copy of the notice to the principal’s supervisor. 41 Submissions against cancellation of enrolment (1) The person under the cancellation may make a submission against the cancellation. (2) The submission must be made to the principal’s supervisor and state fully the grounds for the submission and the facts relied on. 42 Dealing with submissions against cancellations of enrolment (1) If a submission is made to a principal’s supervisor, the supervisor must promptly consider the decision and the submission and— (a) affirm the decision; or (b) vary the decision; or (c) set aside the decision and make a new decision in substitution of the decision to cancel the student’s enrolment. (2) After the supervisor has decided to affirm, vary or set aside the decision, the supervisor must— (a) as soon as possible tell the person under the cancellation and the principal— (i) about the supervisor’s decision; and (ii) if the supervisor’s decision allows the person under the cancellation to return to school earlier than if the principal’s decision had been affirmed—about when the person under the cancellation may return to school; and (b) within 7 days after telling the person about the decision—give written notice to the person, and the
s 43 60 s 45 Education (General Provisions) Act 1989 principal who cancelled the person’s enrolment, about the decision and the reasons for the decision. Division 5 Miscellaneous provisions about suspensions, exclusions and cancellations 43 Definition for division In this division— student means— (a) a student, including a suspended student; or (b) an excluded person; or (c) a person under a cancellation. 44 Copy of notices under this part to be given to parent etc. (1) If a person is required, under this part, to give a notice to a student and the student is under 18 years, the person must promptly give a copy of the notice to— (a) if a parent has care and control of the student—the parent; or (b) if another adult has care and control of the student—the adult. (2) In deciding to whom a notice must be given under subsection (1), the person required to give the notice may rely on the relevant State educational institution’s records about— (a) if a parent, or another adult, has care and control of the student; and (b) the current residential address of the parent or adult. 45 Submissions about suspensions, exclusions and cancellation If, under this part, a student may make a submission in relation to a suspension, suspension and recommendation for
s 46 61 s 47 Education (General Provisions) Act 1989 exclusion, exclusion or cancellation and the student is under 18 years, a submission may also be made by a parent, or an adult who has the care and control, of the student. 46 When 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 and, under the decision, the student may return to school earlier than if the decision was to affirm another decision—on the day the student is told about the decision; or (b) otherwise—on the day the student is given written notice of the decision or a later day stated in the notice. Division 6 Offences 47 Wilful 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 an officer 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) A person must not be convicted of an offence against this section if the person was, at the time in question, a student at the State educational institution. (4) In subsection (2)— insult includes abuse.
s 48 62 s 48A Education (General Provisions) Act 1989 officer of a State educational institution includes a teacher, teacher on probation, teacher in training, staff member or person employed in any capacity at the institution. 48 Trespass 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. Division 7 Directions and orders about conduct or movement at, or entry to, premises of State educational institutions Subdivision 1 Preliminary 48A Definitions for div 7 In this division— 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 educational institution, means— (a) a student of the institution; or (b) an employee of the department engaged to perform work at the institution’s premises.
s 48B 63 Education (General Provisions) Act 1989 s 48C Subdivision 2 Powers relating to name and address 48B Person may be required to state name and address (1) If a State educational institution’s principal proposes to give a direction under section 48C or 48E 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. Subdivision 3 Directions about conduct or movement at premises of State educational institutions 48C Direction about conduct or movement (1) A State educational 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
s 48D 64 Education (General Provisions) Act 1989 s 48D (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 principal’s supervisor— (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 title, name and address of the principal’s supervisor; 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. 48D Review of direction under s 48C (1) This section applies if a person is given a direction under section 48C by a State educational institution’s principal. (2) The person may apply in writing to the principal’s supervisor for a review of the direction, but only—
s 48E 65 Education (General Provisions) Act 1989 s 48E (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 principal’s supervisor must make a decision (the review decision ) to— (a) confirm the direction; or (b) cancel the direction. (5) The principal’s supervisor must immediately give the person and the institution’s principal written notice of the review decision. (6) If the principal’s supervisor does not give the notice within 5 days after the application is made, the review decision is taken to be that the direction is cancelled. Subdivision 4 Directions to leave and not re-enter premises of State educational institutions for 24 hours 48E Direction to leave and not re-enter (1) A State educational institution’s principal may give a person (the prohibited person ) a written 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
s 48F 66 Education (General Provisions) Act 1989 s 48F (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 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 during which the prohibited person may not re-enter the premises. (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)—20 penalty units. Subdivision 5 Prohibition from entering premises of State educational institutions for up to 60 days 48F Prohibition 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 educational institution for up to 60 days 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—
s 48G 67 Education (General Provisions) Act 1989 s 48G (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; and (e) that the prohibited person may appeal against the direction, under section 146D, within 10 days; and (f) how the prohibited person may appeal against the direction. (4) The direction has no effect until the chief executive 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. Subdivision 6 Prohibition from entering premises of State educational institutions for more than 60 days, but not more than 1 year 48G Prohibition from entering premises (1) The chief executive may apply to a court for an order prohibiting a person from entering the premises of a State
s 48H 68 Education (General Provisions) Act 1989 s 48I educational institution for more than 60 days, but not more than 1 year. (2) An application under subsection (1) may not be made in relation to an exempt person for the institution. (3) The court may make the order if the court is satisfied, on the balance of probabilities, that unless the order is made the 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. 48H Appeal to District Court An appeal lies to the District Court from a decision of a court under section 48G, but only on a question of law. Division 8 Directions and orders about conduct or movement at, or entry to, premises of non-State schools Subdivision 1 Preliminary 48I Definitions for div 8 In this division— 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).
s 48J 69 Education (General Provisions) Act 1989 s 48K 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. Subdivision 2 Powers relating to name and address 48J Person may be required to state name and address (1) If a non-State school’s principal proposes to give a direction under section 48L or 48N 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. Subdivision 3 Directions about conduct or movement at premises of non-State schools 48K Review body (1) In this subdivision, review body , of a non-State school, means—
s 48L 70 Education (General Provisions) Act 1989 s 48L (a) if the school’s governing body has nominated a person to conduct a review under section 48M—the nominee; or (b) otherwise—the school’s governing body. (2) For subsection (1)(a), a nominee of a non-State school’s governing body must not be the school’s principal. 48L Direction 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
s 48M 71 Education (General Provisions) Act 1989 s 48M (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. 48M Review of direction under s 48L (1) This section applies if a person is given a direction under section 48L 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 immediately give the person and the school’s principal written notice of the review decision. (6) If the review body does not give the notice within 5 days after the application is made, the review decision is taken to be that the direction is cancelled.
s 48N 72 Education (General Provisions) Act 1989 s 48N Subdivision 4 Directions to leave and not re-enter premises of non-State schools for 24 hours 48N Direction to leave and not re-enter (1) A non-State school’s principal may give a person (the prohibited person ) a written 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 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 during which the prohibited person may not re-enter the premises. (4) The direction has no effect until the principal gives it to the prohibited person.
s 48O 73 Education (General Provisions) Act 1989 s 48O (5) The prohibited person must comply with the direction, unless the prohibited person has a reasonable excuse. Maximum penalty for subsection (5)—20 penalty units. Subdivision 5 Prohibition from entering premises of non-State schools for up to 60 days 48O Prohibition 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 school’s premises for up to 60 days 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— (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; and (e) that the prohibited person may appeal against the direction, under section 146D, within 10 days; and (f) how the prohibited person may appeal against the direction.
s 48P 74 Education (General Provisions) Act 1989 s 48Q (4) The direction has no effect until the governing body or nominee 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—30 penalty units. (6) For subsection (1), a nominee of a non-State school’s governing body must not be the school’s principal. Subdivision 6 Prohibition from entering premises of non-State schools for more than 60 days, but not more than 1 year 48P Prohibition from entering premises (1) A non-State school’s governing body, or its nominee for this subsection, may apply to a court for an order prohibiting a person (the prohibited person ) from entering the school’s premises for more than 60 days, but not more than 1 year. (2) An application under subsection (1) may not be made in relation to an exempt person for the school. (3) The court may make the order if the court is satisfied, on the balance of probabilities, that unless the order is made 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. (4) For subsection (1), a nominee of a non-State school’s governing body must not be the school’s principal. 48Q Appeal to District Court An appeal lies to the District Court from a decision of a court under section 48P, but only on a question of law.
s 48R 75 Education (General Provisions) Act 1989 s 48T Division 9 Prohibition from entering premises of all State educational institutions and non-State schools for up to 1 year 48R Prohibition from entering premises of all State educational institutions and non-State schools (1) The chief executive may apply to a court for an order prohibiting a person from entering the premises of all State educational 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 educational institution or non-State school. (3) The court may make the order if the court 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. 48S Prohibition from entering premises of all State educational institutions (1) The chief executive may apply to a court for an order prohibiting a person from entering the premises of all State educational 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 educational institution. (3) The court may make the order if the court 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. 48T Appeal to District Court An appeal lies to the District Court from a decision of a court under section 48R or 48S, but only on a question of law.
s 48U 76 Education (General Provisions) Act 1989 s 48W Division 10 Miscellaneous 48U Non-application of divs 7 and 8 to particular persons Divisions 7 and 8 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 educational institution or non-State school. 48V Notification of application or direction (1) Subsection (2) applies if an application is made under section 48G, 48P, 48R or 48S in relation to a child. (2) The applicant must, as soon as practicable after making the application, give a parent of the child written 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 48F or 48O 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 written 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. 48W Annual report of department to include report on various matters (1) In the department’s annual report for a financial year under the Financial Administration and Audit Act 1977 , the chief executive must include details of— 6 Divisions 7 (Directions and orders about conduct or movement at, or entry to, premises of State educational institutions) and 8 (Directions and orders about conduct or movement at, or entry to, premises of non-State schools)
s 48W 77 Education (General Provisions) Act 1989 s 48W (a) the number of directions given during the financial year under section 48C, including the number given to children; and (b) the number of directions given during the financial year under section 48E, including the number given to children; and (c) the number of directions given during the financial year under section 48F, including the number given to children; and (d) the number of orders made during the financial year under section 48G, including the number made in relation to children; and (e) the number of orders made during the financial year under section 48R, including the number made in relation to children; and (f) the number of orders made during the financial year under section 48S, including the number made in relation to children; and (g) the number of applications made during the financial year under section 48D, including the number made by children; and (h) the number of directions confirmed during the financial year under section 48D, including the number of the directions that had been given to children; and (i) the number of directions cancelled during the financial year under section 48D, including the number of the directions that had been given to children. 7 (2) Also, in the annual report, the chief executive must include the information obtained by the Minister under section 48X for the financial year. 7 Sections 48C (Direction about conduct or movement), 48D (Review of direction under s 48C), 48E (Direction to leave and not re-enter), 48F (Prohibition from entering premises), 48G (Prohibition from entering premises), 48R (Prohibition from entering premises of all State educational institutions and non-State schools) and 48S (Prohibition from entering premises of all State educational institutions)
s 48X 78 Education (General Provisions) Act 1989 s 48X 48X Non-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 section 48L, including the number given to children; (b) the number of directions, relating to the school, given during the financial year under section 48N, including the number given to children; (c) the number of directions, relating to the school, given during the financial year under section 48O, including the number given to children; (d) the number of orders, relating to the school, made during the financial year under section 48P, including the number made in relation to children; (e) the number of applications, relating to the school, made during the financial year under section 48M, including the number made by children; (f) the number of directions, relating to the school, confirmed during the financial year under section 48M, including the number of the directions that had been given to children; (g) the number of directions, relating to the school, cancelled during the financial year under section 48M, including the number of the directions that had been given to children. 8 8 Sections 48L (Direction about conduct or movement), 48M (Review of direction under s 48L), 48N (Direction to leave and not re-enter), 48O (Prohibition from entering premises) and 48P (Prohibition from entering premises)
s 49 79 s 51 Education (General Provisions) Act 1989 Part 5 School councils Division 1 Object of part 49 Object (1) The object of this part is to improve student learning outcomes by providing for the establishment and operation of school councils. (2) A school council has specified functions for guiding the broad strategic direction of the school for which it is established. Division 2 Establishment, name, functions and other matters 50 Establishment (1) The chief executive may, by notice in the Education Office gazette, establish a school council for a State school. 9 (2) The school council may be established with functions only about the school for which the council is established. 51 Name The school council established for a 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’. 9 Section 72 (Initial constitution) provides that the chief executive must not establish a school council until the chief executive has approved its constitution.
s 52 80 s 53 Education (General Provisions) Act 1989 52 Functions (1) A school council has the following functions for the school for which it is established— (a) monitoring the school’s strategic direction; (b) approving— (i) plans and school policies of a strategic nature; (ii) other documents affecting strategic matters, including the annual estimate of revenue and expenditure for the school; (c) monitoring the implementation of the plans, school policies and other documents, mentioned in paragraph (b); (d) advising the principal about strategic matters. (2) The council must carry out 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 principal’s management 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 in 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. 53 School 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.
s 54 81 s 54 Education (General Provisions) Act 1989 Division 3 Membership 54 Membership of school councils (1) A school council consists of all of the following members— (a) the school’s principal; (b) if there is an association formed for the school for which the council is established—the president of the association; (c) the elected parent members; (d) the elected staff members; (e) if the school for which the council is established— (i) does not offer secondary education—any year 7 student who is coopted onto the council as a coopted student member under the council’s constitution; or (ii) offers secondary education—the elected student members; (f) the appointed members. (2) All of the following provisions apply to the membership of a school council— (a) the number of members of a council must be at least 6 and not more than 15; (b) the number of elected parent members and elected staff members must be equal; (c) there must not be more than 2 elected student members and 2 appointed members; (d) there must be at least 1 elected parent member and 1 elected staff member; (e) if the school provides secondary education for year 10, 11 or 12—there must be at least 1 elected student member. (3) The president of an association may, under the association’s constitution, appoint another association member as an alternative association member to attend council meetings in
s 54 82 s 54 Education (General Provisions) Act 1989 the place of the president when the president is unable to attend the meetings. (4) An alternative association member attending a meeting has the same rights and duties as the president. (5) An official member is not eligible to be an elected or appointed member, and an elected or appointed member is not eligible for appointment by an association’s president as an alternative association member. (6) The elected parent members of a school’s council must be 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. (7) The elected staff members of a school’s council must be elected by a secret ballot, held under the council’s constitution, of all the persons who are— (a) employed by a department and assigned to the school; or (b) otherwise employed full-time or part-time at the school. (8) A coopted student member of a school council— (a) does not have the power to vote on a matter before the council despite section 64(3), (4) and (5); and (b) may not be elected as the chairperson under section 55 or chosen to preside at a meeting under section 64(2). (9) An elected student member must be a student in year 10, 11 or 12 at the school, elected by a poll in which only those students at the school in year 10, 11 or 12 may vote. (10) A poll mentioned in subsection (9) may take place at the same time as, or be combined with, other elections at the school involving students, including, for example, the election of the school’s captain and vice captain. (11) Subsection (12) applies if, at the time of closure of nominations for an elected member under the constitution of the relevant association or council, the number of nominations
s 55 83 s 55 Education (General Provisions) Act 1989 for elected members is not more than the number required to be elected. (12) The person who, under the relevant constitution is responsible for conducting the election for the elected members, must declare the person or persons who are properly nominated under the constitution to have been elected. (13) In this section— appointed member , of a school council, means a member, appointed under the council’s constitution, by the council. coopted student member , of a school council, means a person who is a year 7 student at the school for which the council is established and is coopted as a member of the council under the council’s constitution. elected parent member , of a school council, means a person who is a parent of a child attending the school for which the council is established and is elected as a member of the council under subsection (6). elected staff member , of a school council, means a person who is a member of the staff of the school for which the council is established and is elected as a member of the council under subsection (7). elected student member , of a school council, means a person who is a student at the school for which the council is established and is elected as a member of the council under subsection (9). 55 Chairperson (1) A school council must elect a member as chairperson. (2) The principal may not be elected as chairperson. (3) Despite section 54(4), if an alternative association member is attending a council meeting in place of the president of an association who is also the chairperson of the council, the alternative association member may not preside at the
s 56 84 s 56 Education (General Provisions) Act 1989 meeting, unless the alternative association member is chosen to preside under section 64(2). 10 (4) The 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. 56 Terms of office for elected and appointed members (1) Each elected or appointed member holds office for the term, not longer than 2 years, provided in the council’s constitution. (2) However, subject to section 54(2), the council’s constitution may provide for up to one-half of the first elected members (or, if one-half of the number of the first elected members is not a whole number, the next highest whole number) to hold office for a term of not longer than 3 years. (3) A member elected or appointed to fill a casual vacancy in the office of an elected or appointed member— (a) must be the same type of member under section 54 as the vacating member; and (b) holds office only for the balance of the vacating member’s term. (4) The office of an elected or appointed member becomes vacant if the member— (a) dies; or (b) resigns by signed notice— (i) for the chairperson—given to the principal’s supervisor; or (ii) for another member—given to the chairperson; or (c) is absent from 3 consecutive meetings of the council, of which the member has been given notice under the 10 Under section 54(4), an alternative association member has the same rights and duties as the president while attending in the president’s place. Under section 64(2), if the chairperson is absent, another member chosen by the members present is to preside.
s 57 85 s 57 Education (General Provisions) Act 1989 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. (5) A member’s resignation takes effect on the day the notice of resignation is given to the principal’s supervisor or chairperson or a later day stated in the notice. (6) If the office of an elected or appointed member of a school council is vacant and, because of the vacancy, the membership does not comply with section 54(2), 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. 57 Ineligibility on conviction of indictable offence (1) A person is ineligible to be 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 written notice to the chairperson and the person that the person is restored as a member, and may be subsequently re-elected or reappointed, despite the conviction; or (b) otherwise—give written approval for the person to be elected or appointed as a member despite the conviction. (3) On the day the chairperson receives a notice under subsection (2)(a)— (a) the person is restored as a member; and (b) if another person has been elected or appointed to fill the vacancy, the other person’s appointment ends.
s 58 86 s 59 Education (General Provisions) Act 1989 (4) If a person is restored as a member under subsection (3), the person’s term of office as a member ends at the time it would have ended if the person had not been convicted of the offence. (5) In this section— convicted , of an offence, means the person has been found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction was recorded. 58 Appointment not affected by other laws restricting employment If another Act prohibits or regulates a person’s employment, or other engagement in activities, outside of a stated office or position, the Act does not prevent the person from— (a) being a member of a school council; or (b) carrying out the person’s functions as a member of the council; or (c) being paid for expenses incurred in attending council meetings. Division 4 Constitution 59 Constitution for school council (1) Each school council must have a constitution. 11 (2) The council’s constitution must provide for the following matters— (a) membership of the council, including— (i) eligibility for election as, or to vote for, an elected member; and (ii) eligibility for appointment as an appointed member; and 11 See section 72 (Initial constitution) about the preparation of the constitution applying to a school council on its establishment.
s 59 87 s 59 Education (General Provisions) Act 1989 (iii) procedures for election or appointment; and (iv) when an elected or appointed member’s term of office 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 president must give notice to the chairperson about the appointment of an alternative association member; (b) election of, and other matters relating to, the chairperson; (c) conduct of council business; (d) the way the council carries out 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 section 54; 12 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. (5) A council may prepare and adopt an amendment of its constitution. (6) In preparing a proposed amendment, a council must have regard to relevant provisions of the model constitutions. (7) An amendment has no effect until it is approved by the chief executive. (8) The chief executive must not approve an amendment unless the chief executive is satisfied— (a) written notice of the proposed amendment was given at least 30 days before the meeting of the council that considered the amendment to the following— 12 Section 54 (Membership of school councils) provides for the constitution of school councils, including membership.
s 60 88 s 60 Education (General Provisions) Act 1989 (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 it in the school’s newsletter); and (b) the amendment was adopted by at least the number of members constituting a quorum for the school council; 13 and (c) the amended constitution is consistent with this Act and otherwise lawful. (9) In deciding whether to approve an amendment, the chief executive must also have regard to the following matters concerning the amended constitution— (a) whether it provides for a membership that— (i) allows sufficient representation by parents, staff, students and other members of the school community; and (ii) takes into account the profile of the school community; (b) whether it provides for the council to carry out its functions in an effective and fair way; (c) whether its provisions are otherwise sufficient, clear and appropriate. 60 Model constitutions for school councils (1) The chief executive may prepare model constitutions for school councils. (2) Each school council must have regard to the model constitutions when preparing and adopting amendments of its constitution. 13 See section 63 (Quorum) to calculate the quorum for a particular school council.
s 61 89 s 64 Education (General Provisions) Act 1989 Division 5 Council business 61 Conduct of business (1) Subject to its constitution, a school council may conduct its business, including its meetings, in the way it considers appropriate. (2) However, a 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 is present. (3) This section is subject to this Act, including, for example, section 64. 62 Time and place of meetings (1) School council meetings are to be held at the times and places the council decides. (2) However, the council must meet at least twice in each semester. (3) The 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 members constituting a quorum for the school council. 63 Quorum 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. 64 Conduct of meetings (1) The chairperson is to preside at all school council meetings at which the chairperson is present. (2) If the chairperson is absent, another member chosen by the members present is to preside.
s 65 90 s 66 Education (General Provisions) Act 1989 (3) A question at a meeting (other than a question about an amendment of the council’s constitution) is decided by a majority of the votes of the members present. (4) Each member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding has a casting vote. (5) A member present at the meeting who abstains from voting is taken to have voted for the negative. (6) The council may hold meetings, or permit members to take part in 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. (7) A member who takes part in a meeting under a permission under subsection (6) is taken to be present at the meeting. 65 Attendance by proxy (1) A member may not attend a meeting of a school council by proxy. (2) However, the principal may attend up to 2 meetings in each year by proxy. (3) In this section— proxy does not include the appointment by the president of an association of an alternative association member. 66 Disclosure of interests by council members (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 member’s duties in relation to the consideration of the issue.
s 67 91 s 67 Education (General Provisions) Act 1989 (2) As soon as practicable after the relevant facts come to the interested member’s knowledge, the 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, 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), but there would be a quorum if the member were present, the remaining members present are a quorum of the council for considering or deciding the issue at the meeting. (7) A disclosure under subsection (2) must be recorded in the council’s minutes. Division 6 Application of other laws 67 Criminal 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 or appointed member of a school council, a person is taken to apply for the office if the person—
s 68 92 s 70 Education (General Provisions) Act 1989 (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) Subsection (1) does not apply to an elected student member. 68 Public Records Act 2002 A school council is a public authority under the Public Records Act 2002 . 69 Freedom of Information Act 1992 (1) For the application of the Freedom of Information Act 1992 , each school council is taken to form part of the department. 14 (2) To remove doubt, it is declared that the Freedom of Information Act 1992 , part 2, does not apply to a school council. 70 Public Sector Ethics Act 1994 (1) This section concerns the application of the Public Sector Ethics Act 1994 (the Act ) to school councils. (2) For the application of the Act— (a) each school council is a public sector entity; and (b) each member of a school 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 that a code of conduct is prepared that, after approval under section 17 of the Act, applies to each school council. (4) For section 20(4) of the Act, a reference to the entity’s head office or regional office is a reference to the department’s head office or other departmental office. 14 See the Freedom of Information Act 1992 , section 8(2).
s 71 93 s 72 Education (General Provisions) Act 1989 (5) For section 23 of the Act, a reference to the entity’s annual report is a reference to the department’s annual report. Division 7 Starting up 71 Purpose and application (1) This division concerns the establishment and initial operation of a school council. (2) This division prevails to the extent of any inconsistency with another provision of this part. 72 Initial constitution (1) The principal of a State school must prepare a draft constitution for a proposed school council for the State school. (2) Division 4 15 applies to the preparation as if a reference to a school council amending its constitution were a reference to the principal preparing the proposed council’s draft constitution. (3) In preparing the draft constitution, the principal— (a) must consult with the school’s parents, 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 school’s parents (the parent meeting ); (b) a meeting of the school’s staff (the staff meeting ). 15 Division 4 (Constitution)
s 73 94 s 73 Education (General Provisions) Act 1989 (6) The chief executive may not establish a school council for a school unless the association or parents meeting, and the staff meeting, were called and the draft constitution was 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 a school even though the draft constitution was not approved as required under subsection (6), if the chief executive is satisfied that— (a) the association, parents or staff, not approving the draft constitution, held at least 3 association meetings, parent meetings or staff meetings, to discuss the draft constitution within 3 months of the principal preparing the draft; and (b) the chief executive has 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. 73 Initial membership (1) On establishment, the school council consists only of the official members. (2) However, a school council consisting of the official members may only perform the functions necessary for the election of the council’s elected members.
s 74 95 s 77 Education (General Provisions) Act 1989 74 First elected and appointed members (1) As soon as practicable after the school council is established, the 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 the official and elected members may appoint the appointed members. Division 8 Dissolution 75 Dissolution of school council (1) A school council is dissolved— (a) if the school for which it was established is discontinued; or (b) in any other circumstances prescribed under a regulation. (2) On dissolution, the members of the council immediately before the dissolution go out of office. 76 Records (1) As soon as practicable after the dissolution of a school council, the principal must ensure the council’s records are given to the chief executive. (2) In this section— records , of a council, includes all documents held by the council that it has created or acquired in the course of carrying out its functions. Division 9 Miscellaneous 77 School councils not to establish committees or subcommittees A school council must not establish a committee or subcommittee.
s 78 96 s 80 Education (General Provisions) Act 1989 78 Expense of attending meetings Each member of a school council is entitled to be paid the amounts decided by the chief executive for the expenses incurred in attending council meetings. 79 Minister’s power to give directions in the public interest (1) The Minister may give a school council a written direction 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 address of the school. (5) The Minister must give a copy of each direction 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. 80 Protection 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, the liability attaches instead to the State.
s 81 97 s 82 Education (General Provisions) Act 1989 Part 6 Parents and citizens associations Division 1 Formation, objectives etc. of an association 81 Formation of parents and citizens association (1) A parents and citizens association may be formed for any State school as and in the manner prescribed in the regulations. (2) Parents of students attending a State school and any other persons of or above the age of 18 years interested in the welfare of a State school are eligible to be members of such an association for that State school. (3) The principal of a State school shall ex officio be a member of an association formed for such State school. (4) A member of the staff of a State school is eligible— (a) for membership of an association formed for such State school; and (b) in all cases, other than in the case of the principal, to hold office in respect of such association. 82 Formation of interim parents and citizens association (1) An interim parents and citizens association may be formed as and in the manner prescribed in the regulations for any State school within 2 years of the school’s proposed date of commencement. (2) Parents of students who might attend the State school and any other persons of or above the age of 18 years interested in the welfare of the proposed State school are eligible to be members of an interim association for that proposed State school. (3) An interim association shall, unless otherwise provided in the regulations, be subject to all provisions of this Act that are applicable to a parents and citizens association.
s 83 98 s 84 Education (General Provisions) Act 1989 (4) On commencement of the State school, the interim parents and citizens association shall be the parents and citizens association for that State school. 83 Objectives of an association The objectives of an association shall be to promote the interests of, and facilitate the development and further improvement of, the State school for which it is formed. 84 Functions of an association (1) In pursuit of an association’s objectives, the functions of an association shall be— (a) to foster generally community interest in educational matters; (b) to endeavour to bring about closer cooperation between the parents of the students attending the State school for which it is formed, other members of the community and the teachers, other members of the staff and students at the school; (c) to provide, if requested by the principal or if an association considers it desirable so to do, advice and recommendations to the principal of the State school for which it is formed upon issues and concerns in respect of students attending that school; (d) to provide, if requested by the principal or if an association considers it desirable so to do, advice and recommendations to the principal of the State school for which it is formed upon the general operations and management of the school; (e) to provide or assist in the provision of financial or other resources or services for the benefit of the students of the State school for which it is formed; (f) by resolution in that behalf at an annual general meeting, general meeting or special meeting of the association to assist a State preschool centre associated with the State school for which it is formed to the extent provided under this Act;
s 85 99 s 86 Education (General Provisions) Act 1989 (g) to perform any other functions, not inconsistent with this Act, as the Minister may from time to time determine. (2) In the discharge of its functions an association must comply with this Act and must adhere to any directions that the Minister may give from time to time as regards policy. 85 Manner of exercising power etc. (1) Subject to subsection (3), it is not competent to an association to exercise a power or authority or perform a duty without the prior majority vote of its members present and voting in respect of that exercise or performance at a duly constituted meeting. (2) An executive committee of an association shall comprise the president, vice-president or vice-presidents (if more than 1), secretary and treasurer of that association. (3) In matters of urgency only, any 3 officers of the executive committee of the association may exercise a power or authority or perform a duty by a majority vote of that committee. (4) Where an executive committee has acted or purported to act under subsection (3), full particulars of their actions shall be tabled as soon as practicable at the next scheduled general meeting of the association or at a special meeting called for that purpose. (5) Failure by an executive committee to table those particulars in accordance with this section shall not affect the validity of any action taken by the committee in respect thereof. (6) Despite subsection (3), the executive committee of an association may not remove a person as a member, officer or both a member and officer, of the association. 86 Dissolution of association An association shall be dissolved— (a) if the State school for which it was formed has been discontinued; or
s 87 100 s 88 Education (General Provisions) Act 1989 (b) if the number of members of an association is 2 or less than 2; or (c) in such other circumstances as may be prescribed. Division 2 Officers of an association 87 Officers of an association (1) An association shall elect each year, as and in the manner prescribed in the regulations, the following officers— (a) a president; (b) at least 1 vice-president, as may be determined by an association by resolution in that behalf; (c) a secretary; (d) a treasurer; (e) such additional officers (if any) as may be determined by an association by resolution in that behalf. (2) Officers elected pursuant to subsection (1) shall hold office in an honorary capacity. (3) The office of treasurer shall not be held by either the president or the secretary. 88 Vacancy of officers of association (1) The office of an officer of an association becomes vacant if the officer— (a) dies; or (b) resigns by signed notice— (i) for the president—given to a vice-president, secretary or treasurer; or (ii) for another officer—given to the president; or (c) is absent from 3 consecutive meetings of the association, of which the member has been given notice under the constitution, without the association’s leave and without reasonable excuse.
s 89 101 s 89 Education (General Provisions) Act 1989 (2) An officer’s resignation takes effect on the day the notice of resignation is given to a person under subsection (1)(b) or a later day stated in the notice. Division 3 Meetings of an association 89 Meetings (1) In this section— meeting means any annual general meeting, general meeting or special meeting. (2) Save as prescribed by or under this Act, meetings of an association shall be convened and the business at such meetings shall be conducted in such manner as an association shall determine. (3) The president of an association shall preside at every meeting of the association at which the president is present and— (a) in the absence of the president from such a meeting—a vice-president nominated and confirmed by majority vote at that meeting; or (b) in the absence of the president or a vice-president from such a meeting—a member of the association elected from among the members who are present; shall preside at that meeting. (4) The president of an association or other person presiding at a meeting shall have a deliberative vote and, in the event of an equality of votes, a casting vote. (5) Members, including ex officio members, shall have the right to vote.
s 90 102 s 92 Education (General Provisions) Act 1989 Division 4 Subcommittees of an association 90 Subcommittees (1) An association may establish subcommittees and appoint the membership of such subcommittees as and in the manner prescribed in the regulations. (2) An association may establish a subcommittee in connection with a State preschool centre associated with the State school. (3) Subcommittee meetings of an association shall be convened and conducted as and in the manner prescribed in the regulations and subject thereto as an association shall determine. Division 5 Constitution of an association 91 Constitution (1) Every association shall frame and adopt a constitution and make any amendment thereto or alteration or modification thereof as and in the manner prescribed in the regulations. (2) A constitution, or amendments thereto or alterations or modifications thereof, shall have no force or effect unless or until approved by the chief executive. Division 6 Moneys, property and financial provisions in respect of an association 92 Vesting and use of moneys and other property in respect of an association (1) Subject to section 96(4), all moneys received by an association shall by force of this section be vested in the corporation to be applied by the association at the direction of the corporation to the following purposes—
s 93 103 s 95 Education (General Provisions) Act 1989 (a) firstly in defraying all expenditure lawfully incurred by the association; (b) secondly towards the objectives and functions of the association in accordance with this Act. (2) Subject to subsection (1), all property acquired by an association including property acquired for the benefit of the students of a State school, whether acquired with or without any financial assistance from the Minister or the department shall by force of this section be vested in the corporation for the purposes of this Act. 93 Associations are statutory bodies (1) Under the Statutory Bodies Financial Arrangements Act 1982 , an association is a statutory body. (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 . 94 Financial year An association must, by resolution for the purpose, decide which of the following periods constitutes its financial year— (a) 1 January in a year to 31 December in the year; (b) 1 July in a year to 30 June in the next year; (c) 1 October in a year to 30 September in the next year. 95 Audit of association accounts Subject to the Financial Administration and Audit Act 1977 , section 74, the accounts of an association shall be audited as and in the manner prescribed in the regulations.
s 96 104 s 97 Education (General Provisions) Act 1989 Division 7 Agreements relating to an association 96 Power to enter into agreements (1) Notwithstanding anything contained in this or any other Act or that any land in question is reserved for a particular purpose, the Minister and an association or either of them alone may enter (and it is hereby declared that they have always had such power) into an agreement with a government department, local government or any other person or body if the agreement is entered into for the benefit of the students at a State school. (2) Where an association alone proposes to enter into any such agreement it shall before entering into the agreement obtain the approval of the Minister authorising it to do so. (3) Such approval may be given generally in respect of a class of agreement or a particular agreement. (4) An association shall deal with any funds coming into its hands pursuant to an agreement referred to in subsection (1)— (a) for the purposes prescribed by section 92(1) or subsection (1); or (b) subject to such purposes, as the Minister directs; or (c) in the absence of such prescription or direction, as the association thinks fit consistent with the objectives of an association. (5) An 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 Education Office gazette. (6) The conditions may relate to a stated agreement or agreements of a stated class. 97 President to sign agreements for an association (1) Where an association at an annual general meeting, a general meeting or a special meeting, has passed a resolution to enter
s 98 105 s 100 Education (General Provisions) Act 1989 into an agreement, the president of the association is empowered to sign that agreement for and on behalf of the association. (2) Upon the president’s signature being affixed to any agreement in accordance with this Act, the association shall be bound by the terms and conditions of that agreement. (3) Subsection (1) does not derogate the validity of any agreement entered into by an association prior to the commencement of this section. Division 8 General provisions relating to an association 98 Regulations to provide for membership (1) The regulations may make provision about the way in which a person becomes a member of an association. (2) Subsection (1) is subject to section 81. 16 (3) However, a person’s membership 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 appeal to a Magistrates Court, as if the person had been a member of the association and been removed from the association. 99 Register of members An association shall establish and maintain a register of members as and in the manner prescribed in the regulations. 100 Indemnification of association members The Minister may indemnify a member of an association against any liability incurred by the member on account of anything done or omitted to be done by the member as a 16 Section 81 (Formation of parents and citizens association)
s 101 106 Education (General Provisions) Act 1989 s 103 member for the purposes of this Act or done or omitted to be done by the member as a member in good faith and without negligence and purporting to be for the purposes of this Act. 101 Association may employ An association may employ such employees as it considers necessary for the purpose of achieving its objectives. 102 Mandatory insurance cover An association shall purchase and maintain such insurance coverage as required by the chief executive by notification published from time to time in the Education Office gazette. 103 Proceedings in relation to an association (1) Proceedings in any court may be taken and prosecuted in the name of the association through the president or any person being a member of the association appointed in writing for the purpose by the president. (2) Provided that the Minister’s approval is first had and obtained for any such proceeding. (3) Every court of law shall take judicial notice of the signature of the president to any such appointment pursuant to subsection (1). (4) In any such proceedings, it shall not be necessary to prove the authority of the person by or through whom the same are taken or prosecuted or the membership of the association by that person. (5) Proceedings in any court may be taken against an association in its name as prescribed in the regulations. (6) Any document commencing proceedings in subsection (5) shall be served on the chief executive. (7) Any damages or costs awarded to a plaintiff by virtue of a proceeding against an association pursuant to subsection (5) shall be a lawful expense of an association pursuant to section 92(1) and shall be met from funds available to the association.
s 104 107 Education (General Provisions) Act 1989 s 106 (8) The Minister may, in granting approval for a proceeding pursuant to subsection (2) or in relation to a proceeding against the association pursuant to subsection (5), issue directions in relation to such proceeding in which case the association shall comply with such directions. 104 Authority of an association (1) Without derogating from the authority of the principal in the principal’s capacity as the person in charge of the State school for which the association is formed, an association may exercise such authority as is consistent with its functions as prescribed by this Act. (2) An association shall not exercise any authority over the teaching staff or over the control or management of any State school. 105 Participation of association in school committees etc. ( 1) An association may, at the invitation of the principal of the State school for which it is formed and by resolution in that behalf passed by a majority at a meeting of the association, undertake to participate in any committee or other body comprising members of the staff of a State school established to make recommendations to the principal of a State school upon aspects of school operations. (2) Subject to this Act, the president of an association is authorised to confer with the principal of the State school for which the association is formed upon the implementation of any recommendation made pursuant to subsection (1). 106 Disclosure of interests by members of association (1) This section applies to an 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 member’s duties in relation to the consideration of the issue.
s 107 108 Education (General Provisions) Act 1989 s 107 (2) As soon as practicable after the relevant facts come to the interested member’s knowledge, the 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 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, because of this section, a member 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), but there would be a quorum if the member were present, the remaining members present are a quorum of the entity for considering or deciding the issue at the meeting. (7) A disclosure under subsection (2) must be recorded in the minutes of the entity. (8) In this section— entity , in relation to an interested member, means the association or the executive committee or a subcommittee of the association. interested member means a member of an association, or the executive committee or a subcommittee of the association. 107 Honorary life membership of association (1) An association, other than an interim parents and citizens association, may decide to award honorary life membership to a person who is or was a member of the association.
s 108 109 Education (General Provisions) Act 1989 s 108 (2) However, the awarding of honorary life membership may be given only if the association decides the person has given long and meritorious service to the association. (3) The decision must be made— (a) at an annual general meeting of the association; and (b) by a two-third majority vote of the members present at the meeting. (4) A person who is the subject of a proposed resolution to award the person honorary life membership of the association must not— (a) be present during discussions about the proposal or voting on it; and (b) if the person is a member—exercise the member’s right to vote in any way despite section 89(5). 17 Division 9 Removal of member and officers of association 108 Definitions for div 9 In this division— nominated person , in relation to an association, means— (a) a person who is a member, or a member and officer, of the association; or (b) if a person is removed as a member, officer or both a member and officer of the association under this division—the person. notice of removal means a notice, under section 111(3), from an association to a nominated person removing the nominated person. 17 Section 89 (Meetings)
s 109 110 Education (General Provisions) Act 1989 s 110 officer , of an association, means a person elected to an office of the association as mentioned in section 87. 18 remove , a nominated person, means— (a) if the person is a member only of an association—remove the person as a member of the association; or (b) if the person is a member of an 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. 109 Removal of nominated person by association An association may remove a nominated person only under this division. 110 Grounds for removal Each of the following is a ground for removing a nominated person— (a) the nominated person is convicted of an indictable offence; (b) the nominated person, without reasonable excuse, contravenes the 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— 18 Section 87 (Officers of an association) provides for the following officers— (a) a president; (b) at least 1 vice-president, as may be determined by an association by resolution in that behalf; (c) a secretary; (d) a treasurer; (e) such additional officers (if any) as may be determined by an association by resolution in that behalf.
s 111 111 Education (General Provisions) Act 1989 s 111 (i) the promotion of the interests of, or the facilitating of the development and further improvement of, the State school for which the association is formed; or (ii) the good order and management of the State school for which the association is formed. 111 Procedure for removal of nominated person (1) If the association considers a ground exists to remove a nominated person (the proposed action ), the association must give the nominated person written notice that— (a) states the proposed action; and (b) states the grounds for the proposed action; and (c) outlines the facts and circumstances forming the basis for the grounds; and (d) invites 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 or as an officer only. (3) The association must inform the nominated person of the decision by written notice. (4) The notice must be given within 14 days after the association makes its decision.
s 112 112 Education (General Provisions) Act 1989 s 112 (5) If the association decides to remove the nominated person, the notice must state— (a) the reasons for the decision; and (b) the date, 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 when 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 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. 112 Submissions against removal (1) A person removed by an association 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 person may be sent; and (c) state fully the grounds for the submission and the facts relied on; and
s 113 113 Education (General Provisions) Act 1989 s 113 (d) include a copy of the notice of removal from the association. (3) The submission must be given to the Minister— (a) within 14 days of the notice of removal being given to the person; or (b) if the Minister allows a later time for giving the submission—the later time. (4) If a person who has been removed from an association resigns or purports to resign from the association as a member or officer after receipt of a notice of removal, the person may not make a submission under subsection (1). 113 Dealing with submissions against removal (1) If a submission is made to the Minister, the Minister must promptly consider the decision and the submission and— (a) affirm the decision; or (b) vary the decision; or (c) set aside the decision and make a new decision in substitution of the decision to remove the person. (2) After the Minister has decided to affirm, vary or set aside the decision, the Minister must— (a) promptly tell the person of the Minister’s decision; and (b) within 7 days after telling the person about the decision—give written notice to the person and relevant association about— (i) the Minister’s decision; and (ii) the reasons for the decision; and (iii) the person’s right to appeal, under section 148, 19 against the Minister’s decision, including the time within which the person may appeal. 19 Section 148 (Appeals)
s 114 114 Education (General Provisions) Act 1989 s 114A Part 7 Compulsory education 114 Compulsory schooling (1) Each parent of a child of compulsory school age must— (a) ensure the child is enrolled with a State educational institution or a non-State school; and (b) ensure the child attends the institution or school, on every school day, for the educational program in which the child is enrolled. (2) A child attends an institution or school only if he or she complies with the institution or school’s requirements about physically attending, at particular times, its premises or another place. (3) However, despite subsection (2)— (a) a child enrolled in a program of distance education attends the school of distance education by completing and returning the assigned work for the program; and (b) a child enrolled in another program that does not require physical attendance at the institution or school’s premises or another place attends the institution or school by complying with its requirements about communicating with or contacting the institution or school for the purpose of participating in the program. (4) Subsection (1) applies subject to this part. 114A Flexible arrangements—non-State school (1) The authorised entity for a non-State school may approve arrangements for a student 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 registered teacher has prepared written assessments of— (i) the student’s educational and other needs; and
s 114A 115 Education (General Provisions) Act 1989 s 114A (ii) the learning outcomes that the proposed arrangements are intended to achieve; and (iii) the suitability of each provider; and (b) the 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 entity is satisfied the arrangements are appropriate, having regard to— (i) the student’s individual needs and circumstances; and (ii) what the 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. (2A) 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 entity has discussed the proposed arrangements with the student to the extent the 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—
s 114A 116 Education (General Provisions) Act 1989 s 114A (i) the student gives written agreement to the arrangements; and (ii) the entity has discussed the proposed arrangements with the student’s parents to the extent the entity considers is practicable and appropriate in the circumstances. (3) The non-State school 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 (2A). (4) Subsection (2A)(a)(i) does not apply if the authorised entity is satisfied it would be impracticable or 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. (5) In this section— authorised entity , for a non-State school, means— (a) the school’s governing body under the Education (Accreditation of Non-State Schools) Act 2001 ; or (b) a staff member of the school given written authorisation by the governing body for this section. compulsory participation phase see the Youth Participation in Education and Training Act 2003 , section 11. 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.
s 114B 117 Education (General Provisions) Act 1989 s 115 114B Flexible arrangements—State educational institution (1) The chief executive may approve arrangements for a student enrolled with a State educational institution that are to apply to the student instead of participation in the institution’s educational programs in the usual way. (2) Section 114A(2), (2A), (4) and (5), 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 educational institution. 115 Dispensation from compliance with compulsory enrolment and attendance provisions (1) The chief executive may grant to a parent of a child of compulsory school age, in respect of that child, dispensation from compliance with any obligation set forth in section 114 during the period specified (if any) in such dispensation and may at any time revoke the dispensation so granted. (2) In connection with a dispensation referred to in subsection (1), any of the following shall be deemed to be a valid reason for such dispensation— (a) that the child concerned is receiving, in the opinion of the chief executive, instruction— (i) in a place other than a State school or a non-State school in accordance with guidelines approved by the Governor in Council; or (ii) in a range of subjects acceptable to the chief executive, in some other manner which, in the opinion of the chief executive, is efficient and regular; (b) that the child concerned has been prevented from attending school by— (i) sickness; or (ii) temporary or permanent infirmity; or
s 115 118 Education (General Provisions) Act 1989 s 115 (iii) an unavoidable cause; or (iv) fear of infection with disease; which, in the opinion of the chief executive, is reasonable; (c) that the child has been prohibited, or belongs to a class which has been prohibited, by any Act, regulation or other rule of law from attending school on the ground that the child, or such class, is suffering from an infectious or contagious disease or that the child’s presence might be injurious to the health or welfare of other children attending school; (d) that the child is, or has arranged to become, an apprentice or trainee under the Vocational Education, Training and Employment Act 2000 ; (e) that there is any other reason which, in the opinion of the chief executive, is valid. (2A) The guidelines approved under subsection (2)(a)(i) may, for an application for a dispensation for the reason mentioned in that subparagraph, provide for each of the following— (a) notifying the applicant of the decision on the application; (b) if it is decided not to grant the application—the internal review of the decision. (3) The chief executive may grant to a parent of a child of compulsory school age, in respect of that child, provisional dispensation from compliance with any obligation set forth in section 114 during the period specified in such provisional dispensation and may at any time revoke the provisional dispensation so granted. (4) A provisional dispensation shall be granted only in respect of that period of time, in whole or part, during which an application pursuant to section 116 is being determined. (5) Section 114(1) does not apply to a child to the extent stated in a dispensation or provisional dispensation in force for the child.
s 116 119 Education (General Provisions) Act 1989 s 116B 116 Application for dispensation from compliance with compulsory enrolment and attendance provisions A parent of a child of compulsory school age seeking dispensation from compliance with compulsory enrolment and attendance provisions, pursuant to section 115 shall make application in the approved form. 116A Child’s suspension or exclusion (1) Section 114(1) does not apply to a child who has been excluded permanently from all State educational institutions. (2) Section 114(1)(b) does not apply— (a) for a child who is excluded for a limited period from all State educational institutions—while the child is excluded; or (b) for a child who is suspended from the State educational institution with which the child is enrolled—while the child is suspended and is not placed in an alternative education program under section 30; or (c) for a child who is suspended from the non-State school with which the child is enrolled—while the child is suspended. (3) In this section— excluded , from a State educational institution, means excluded under part 4, division 3 or 3A. suspended , from a State educational institution, means suspended under part 4, division 2. 116B Child’s illness (1) Section 114(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 educational institution or non-State school with which the child is enrolled. Note — For a child who is prevented by ill-health from attending school for longer periods, see section 115 for the chief executive’s power to grant a dispensation.
s 116C 120 Education (General Provisions) Act 1989 s 117 (2) A regulation may provide for the obligations of the parents of a child mentioned in subsection (1). 116C Activities under Commonwealth law Section 114(1) does not apply to the extent of any inconsistency with a law of the Commonwealth under which a person of compulsory school age may carry on an activity other than attending a State educational institution or non-State school. 117 Information notice and meeting (1) This section applies if an authorised officer reasonably suspects a child of compulsory school age— (a) is not enrolled with a State educational institution or a non-State school; or (b) is not attending the institution or school with which the child is enrolled, on every school day, for the educational program in which the child is enrolled. (2) The officer may give a parent of the child a notice in the approved form about— (a) the obligation under section 114; and (b) the offence under section 118. (3) The officer may also meet with the parent to discuss the matters mentioned in subsection (2)(a) and (b). (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, 20 an authorised officer acting under this section is a public official performing a function authorised by this Act. (6) In this section— 20 Police Powers and Responsibilities Act 2000 , section 16 (Helping public officials exercise powers under other Acts)
s 118 121 Education (General Provisions) Act 1989 s 118 authorised officer means the chief executive or an officer of the department authorised by the chief executive for this section. 118 Penalty for noncompliance with compulsory education provisions (1) A parent of a child of compulsory school age commits an offence if the parent contravenes section 114 without a reasonable excuse. Maximum penalty— (a) for a first offence—5 penalty units; or (b) for a second or subsequent offence, whether or not relating to the same child of the parent—10 penalty units. (2) Without limiting subsection (1), it is a reasonable excuse for a parent to contravene section 114 that— (a) the child lives with another parent and the first parent believes, on reasonable grounds, that the other parent is ensuring the enrolment and attendance required under section 114; or (b) in all the circumstances, the parent is not reasonably able to control the child’s behaviour to the extent necessary to comply with section 114; or (c) the child has been excluded from the State educational institution or non-State school with which the child was enrolled and the non-compliance is or was only for the time reasonably required for the parent to arrange the child’s enrolment with another institution or school. (2A) Proceedings for the offence may be brought against a parent— (a) only 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 117(2); and
s 118 122 Education (General Provisions) Act 1989 s 118 (ii) at least 1 meeting has been held with the parent under section 117(3) or the parent has been given a warning notice under section 117(4). (3) In a proceeding in respect of such an offence— (a) it shall not be necessary to prove the authority of any person to commence such proceeding; and (b) a statement in a complaint that a child was of compulsory school age at the time of the offence is evidence of the matter; and (c) a certificate purporting to be signed by the principal of a school— (i) that the child named therein is or is not enrolled in such school; or (ii) wherein are specified the particulars of attendance of the child named therein at such school; is evidence of the things contained in the certificate; and (d) a certificate purporting to be signed by the chief executive as to whether or not the chief executive has granted to a parent specified therein of a child of compulsory school age specified therein a dispensation or a provisional dispensation in accordance with section 115 and the period (if any) of the operation of the dispensation is evidence of the things contained in the certificate; and (e) a signature purporting to be the signature of the chief executive or an authorised officer is evidence of the signature it purports to be; and (f) a certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter— (i) a stated document is a notice given under this Act; (ii) a stated document is a copy of a notice given under this Act; (iii) on a stated day, a stated person was given a stated notice under this Act;
s 119 123 Education (General Provisions) Act 1989 s 119 (iv) 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; and (g) 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. (4) In this section— authorised officer see section 117(6). 119 Employment of children of compulsory school age (1) A parent shall not employ or cause or permit to be employed the parent’s child who is of compulsory school age when the child is required to attend school for the educational program in which the child is enrolled unless there is in existence at the material time, in respect of that child, a dispensation granted in accordance with section 115(1). Maximum penalty—5 penalty units. (2) For the purposes of subsection (1), a parent of a child who causes or permits such child to engage in any calling carried on by such parent by way of trade or for purposes of gain shall be deemed to employ such child in such calling. (3) A parent of a child shall not give— (a) to any person who is then employing such child; or (b) to any person who thereafter employs such child; or (c) to any person appointed under or for the purposes of this Act; any information which to the parent’s knowledge is false concerning the age of such child or touching any other matter to which subsection (1) or (2) relates. Maximum penalty—5 penalty units. (4) Subsection (1) does not apply to the employment of a child under arrangements approved for the child under section 114A or 114B.
s 120 124 Education (General Provisions) Act 1989 s 121 (5) Also, subsection (1) applies subject to a law of the Commonwealth under which a person of compulsory school age may be employed. Part 8 Allocation of State education Division 1 Application and purpose of part 120 Application of part to student below 15 A student who is under 15 years at the time of starting a semester at a State educational institution, but does not have any remaining allocation, may attend the institution for all of the semester without making an application under division 3 or 5. 21 121 Allocation of semesters for each student (1) The purpose of this part is to ensure that each student who enrols in a State educational institution has an allocation of State education. (2) If a student enrols in year 1 in a State educational institution before the student is 7 years of age, the student has the basic allocation. 22 (3) For some students, the principal of a State educational institution must calculate the remaining allocation for the student. (4) Under certain circumstances, an allocation may be increased— 21 Division 3 (Extra semesters may be granted by principals) or 5 (Further semesters may be granted by chief executive) 22 See section 122(1).
s 122 125 Education (General Provisions) Act 1989 s 123 (a) by the principal of a State educational institution under division 3; or (b) by the chief executive under division 5. Division 2 Calculation of basic and remaining allocations 122 Calculation of allocation where student begins schooling at State educational institution (1) If a student begins school in year 1 at a State educational institution before the student is 7 years of age, the student has the basic allocation from the start of the semester in the school year in which the student began schooling. (2) However, subsection (1) does not apply to the following students— (a) a student who begins schooling at a special education developmental centre; (b) a student who received schooling at a non-State school or, in accordance with guidelines approved by the Governor in Council, instruction at a place other than a State educational institution or non-State school; (c) a student who received schooling outside of the State; (d) a person who, at any time before the end of semester 2 in 1997, was enrolled in a State educational institution, other than a student mentioned in paragraph (e); (e) a student enrolled in a year level mentioned in column 1 of section 123(3) at the end of semester 2 in 1997. 123 Calculation of allocation if s 122(1) does not apply (1) If a student begins schooling at a special education developmental centre, the student has the basic allocation, calculated from the start of the semester in the school year in which the student attains or attained 6 years of age. (2) If a student is a student mentioned in section 122(2)(b), (c) or (d) and the student applies to enrol in a State educational
s 123 126 Education (General Provisions) Act 1989 s 123 institution, the principal must decide the student’s remaining allocation. (3) If a student (other than a student mentioned in subsection (1) or (2)) is enrolled in a year level mentioned in column 1 at the end of semester 2 in 1997, subject to subsection (4), the principal of the State educational institution in which the student was enrolled is taken to have decided that the student has a remaining allocation mentioned opposite in column 2. Column 1 Column 2 1 22 2 20 3 18 4 16 5 14 6 12 7 10 88 96 10 4 11 2 12 0 (4) However, if the principal of a State educational institution decides that the application of subsection (3) to a student mentioned in section 122(2)(e) is inappropriate, the principal must decide the student’s remaining allocation. (4A) The principal’s decision that it is inappropriate for subsection (3) to apply to the student is, for section 124(2), a decision about the student’s remaining allocation. (5) If the student has been the subject of a dispensation under section 115 for a reason mentioned in section 115(2)(b),(c) or (e) and did not attend an educational program for all or part of the period of the dispensation (the excused period ), the excused period must not be included in calculating the student’s remaining allocation.
s 124 127 Education (General Provisions) Act 1989 s 124 124 Principal must consider remaining allocation for certain students (1) This section applies to a decision by the principal of a State educational institution about a student, under section 123. (2) The principal’s decision about a student’s 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 learning experiences; and (c) whether the enrolment is compulsory or non-compulsory; and (d) if the student’s enrolment is non-compulsory—the student’s commitment to complete a course of study. (3) If the student has applied to enrol in the State educational institution, the principal must make the decision within a reasonable time of the date of the application to enrol in the State educational institution. (4) After the principal has made a decision about the application, the principal must— (a) promptly tell the student about the decision; and (b) within 7 days after telling the student about the decision—give written notice to the student about the student’s remaining allocation. (5) The notice must state— (a) the principal’s decision; and (b) the reasons for the decision; and (c) that if the student is not satisfied with the principal’s decision the student may make a submission to the principal’s supervisor against the decision; and (d) the title, name and address of the supervisor; and (e) the way in which the submission may be made.
s 125 128 Education (General Provisions) Act 1989 s 125A 125 Notice to certain students about remaining allocation (1) This section applies to students— (a) who are enrolled in semester 2 in a calendar year in a State educational institution; and (b) whose remaining allocation will be 4, or less than 4, semesters at the end of the calendar year. (2) By the end of the calendar year, the principal of the State educational institution must give written notice to each student about the student’s remaining allocation after the end of semester 2 of the calendar year. (3) The notice must state— (a) the principal’s decision; and (b) the reasons for the decision; and (c) that if the student is not satisfied about the decision the person may make a submission to the principal’s supervisor against the decision; and (d) the title, name and address of the supervisor; and (e) the way in which the submission may be made. (4) The notice may be included with another report or document given to the student. 125A Other notices about allocation (1) This section applies to a student who— (a) is enrolled in a State educational institution for the first time; or (b) is repeating, in a State educational institution, a year for which the student has already been enrolled in a State educational institution. (2) The principal must give the student written information about the allocation of State education under this part. (3) If the student to whom written notice must be given is under 18 years, the written information must be given also to— (a) if a parent has care and control of the student—the parent; or
s 125B 129 Education (General Provisions) Act 1989 s 126 (b) if another adult has care and control of the student—the adult. (4) For a person mentioned in subsection (1)(b), the notice must be given before the student begins to repeat the year. 125B Copy of notices under this part to be given to parent etc. (1) If a person is required, under this part, to give a notice to a student and the student is under 18 years, the person must, as soon as possible, give a copy of the notice to— (a) if a parent has care and control of the student—the parent; or (b) if another adult has care and control of the student—the adult. (2) In deciding to whom a notice must be given under subsection (1), the person required to give the notice may rely on the relevant State educational institution’s records about— (a) if a parent, or another adult, has care and control of the student; and (b) the current residential address of the parent or adult. Division 3 Extra semesters may be granted by principals 126 Application 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 the principal of a State educational institution for the granting, in a school year, of not more than 2 extra semesters of State education at the State educational institution. (3) The application must be given to the principal before— (a) 12 weeks before the start of the semester, or the first of the semesters, to which the application relates; or
s 127 130 Education (General Provisions) Act 1989 s 127 (b) if the principal allows a later time for giving the application—the later time. 127 Principal must consider and decide application for extra semesters (1) The principal must consider the application and make a decision about 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 institution for the extra semester or semesters; and (c) the likely impact on the resources of the State educational institution of the student attending the institution for the extra semester or semesters. (2) However, the principal must make the decision within a reasonable time of the date of the application, having regard to 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 principal has made the decision, the principal must— (a) promptly tell the student about the decision; and (b) within 7 days after telling the student about the decision—give written notice to the student about the principal’s decision and reasons for the decision. (4) However, if the principal does not grant the application for the semester, or for both semesters, as applied for by the student, the written notice must also state— (a) that the person may make a submission to the principal’s supervisor against the decision; and (b) the title, name and address of the supervisor; and (c) the way in which the submission may be made.
s 128 131 Education (General Provisions) Act 1989 s 130 128 Limitation on extra semesters granted by principals No more than 4 extra semesters may be granted to a student under this division. Division 4 Submissions against principal’s decision 129 Submissions against principal’s decision (1) This section applies to a decision of the principal of a State educational institution— (a) about the allocation of semesters to a student under division 2, including a decision under section 123(3) or (4) or 125; or (b) an application for an extra semester or semesters under division 3. (2) The student may make a submission against the principal’s decision to the principal’s supervisor. (3) The submission must— (a) be in writing; and (b) state fully the grounds for the submission and the facts relied on. (4) The submission must be given to the principal’s supervisor— (a) within 14 days of the written notice of the principal’s decision being given to the student; or (b) if the principal’s supervisor allows a later time for giving the submission—the later time. 130 Dealing with submissions against principal’s decision (1) If a submission is made to the principal’s supervisor, the supervisor must promptly consider the decision and the submission and— (a) affirm the decision; or (b) vary the decision; or
s 131 132 Education (General Provisions) Act 1989 s 131 (c) set aside the decision and make a new decision in substitution of the decision. (2) After the supervisor has decided to affirm, vary or set aside the decision, the supervisor must— (a) promptly tell the student about the supervisor’s decision; and (b) within 7 days after telling the student about the decision—give written notice to the student about— (i) the decision of the principal’s supervisor; and (ii) the reasons for the decision; and (iii) the student’s right to appeal, under section 148, 23 against the supervisor’s decision, including the time within which the student may appeal. Division 5 Further semesters may be granted by chief executive 131 Application 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 4 extra semesters under division 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 specified State educational institution. (3) The application must be given to the chief executive before— (a) 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 giving the application—the later time. 23 Section 148 (Appeals)
s 132 133 Education (General Provisions) Act 1989 s 133 132 Chief 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 specified State educational institution for the extra semester or semesters; and (c) the likely impact on the resources of the specified State educational institution of the student attending the institution for the extra semester or semesters. (2) However, the chief executive must make the decision within a reasonable time of the date of the application, having regard to 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 has made a decision about the application, the chief executive must— (a) promptly tell the student about the decision; and (b) within 7 days after telling the student about the decision—give written notice to the student about— (i) the chief executive’s decision; and (ii) the reasons for the decision; and (iii) the student’s rights, under section 148, to appeal against the chief executive’s decision, including the time within which the student may appeal. 133 Chief executive to give notice to principal if further semesters granted If the chief executive grants an application in relation to a student for further semesters, the chief executive must give written notice to the principal of the State educational
s 134 134 Education (General Provisions) Act 1989 s 134A institution that the student is to attend about the chief executive’s decision. (2) The notice must state— (a) the name of the student; and (b) the educational level of the student; and (c) the period of the extension; and (d) other information that the chief executive considers, on reasonable grounds, to be necessary in the circumstances. 134 Limitation on further semesters granted by chief executive No more than 2 further semesters may be granted to a student under this division. Part 8A Schools in receipt of subsidy Division 1 Scholarships and allowances 134A Provision of scholarships and allowances (1) For the purposes of this section— school in receipt of subsidy , used in relation to a school, is a reference to— (a) each State school; or (b) each 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 . (2) Subject to appropriation by Parliament of money for the purpose, the Minister may—
s 134AB 135 Education (General Provisions) Act 1989 s 134AB (a) provide scholarships to be competed for by students attending schools in receipt of subsidy; (b) pay allowances in respect of students who, in the opinion of the Minister, are students in respect of whom allowances should be paid and who are attending schools in receipt of subsidy. (3) The Minister may pay an allowance under subsection (2)(b) on reasonable conditions the Minister considers appropriate. (4) The Minister may from time to time cause to be inspected by a person authorised by the Minister in that behalf any school which may be attended or is attended by a student in respect of whom moneys of the State may be, are being or have been expended as the case may be pursuant to this section. Division 2 Financial data 134AB Requirement 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 134A(2)(b) for students attending the school. (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 134A(2)(b). (6) Subsection (2) does not apply if the school has been in operation for less than the whole of the relevant year.
s 134AC 136 Education (General Provisions) Act 1989 s 134AE 134AC Further information or documents relating to financial data (1) This section applies to the governing body of a school that has given financial data for the school to the Minister under section 134AB. (2) The Minister may by written 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. 134AD False or misleading information or documents (1) A school’s governing body must not under section 134AB or 134AC give information to the Minister the governing body knows is false or misleading in a material particular. Maximum penalty—20 penalty units. (2) A school’s governing body must not under section 134AB or 134AC 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. 134AE Confidentiality 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 division, including, for example, as a public service employee.
s 134B 137 Education (General Provisions) Act 1989 s 134B (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 division; 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— information includes a document. protected information means information disclosed to, or obtained by, a person to whom this section applies under section 134AB or 134AC. Division 3 Giving of allowance acquittal details 134B Allowance acquittal details (1) This section applies to a non-State school, for which allowances are being paid under section 134A(2)(b). (2) Within 6 months after the end of each calendar year, the school’s governing body must, in the approved form, give the board allowance acquittal details for the school for the calendar 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 allowances.
s 134C 138 Education (General Provisions) Act 1989 s 134E (5) In this section— allowance acquittal details , for a school for a calendar year, means details of how the allowances have been expended, during the calendar year, by the school’s governing body. 134C Annual report As soon as practicable after the end of each calendar year, the board must give the Minister a written report about the details received by the board, under section 134B, relating to the calendar year. 134D Show cause notice (1) This section applies if the board believes the ground, mentioned in section 134B(4), exists for stopping payment of the allowances. (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 allowances 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. 134E Representations 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).
s 134F 139 Education (General Provisions) Act 1989 s 134H 134F Ending show cause process without further action If, after considering the accepted representations for the show cause notice, the board no longer believes the ground exists for stopping payment of the allowances, 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. 134G Recommendation by board (1) This section applies if after considering the accepted representations for the show cause notice, the board still believes the ground exists for stopping payment of the allowances. (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 allowances be stopped. (5) The board must, as soon as practicable after making the recommendation, give the recommendation to the Minister. (6) In this section— recommendation includes reasons for the recommendation. 134H Decision of Minister (1) This section applies if the Minister receives a recommendation under section 134G(5). (2) The Minister must decide whether payment of the allowances should be stopped. (3) In making the decision, the Minister must have regard to the recommendation. (4) To remove doubt, it is declared that the Minister is not bound by the recommendation.
s 134I 140 Education (General Provisions) Act 1989 s 135 (5) If the Minister decides that payment of the allowances be stopped, the Minister must as soon as practicable give the board and governing body notice of the decision and reasons for the decision. (6) If the Minister decides that payment of the allowances not be stopped, the Minister must as soon as practicable give the board and governing body notice of the decision. (7) In this section— recommendation includes reasons for the recommendation. 134I Minister’s discretion not limited (1) The ground, mentioned in section 134B(4), for stopping payment of allowances to a school under section 134A(2)(b) does not limit the Minister’s discretion to stop payment for another reason. (2) Also, if the Minister decides under section 134H that payment of allowances to a school under section 134A(2)(b) not be stopped, the decision does not limit the Minister’s discretion to stop payment at a later time. Part 9 Various general provisions 135 Formation of and participation in corporations etc. (1) The corporation may be a member of, or form or participate in the formation of, or manage a corporation or partnership the objects or purposes of which include 1 or more of the following objects or purposes— (a) providing facilities or services for study, research or education; (b) undertaking research, development, consultancy or other services for commercial organisations, public bodies or individuals;
s 136 141 Education (General Provisions) Act 1989 s 137 (c) aiding or engaging in the development or promotion of research or the application or use of the results of such research; (d) preparing, publishing, distributing or licensing the use of literary or artistic work, audio or audiovisual material or computer software; (e) exploiting commercially any facility or resource of the corporation including any study, research or knowledge, or the practical application thereof, developed by or belonging, whether alone or in conjunction with any other person or body, to the corporation; (f) seeking or encouraging gifts to the corporation or for the corporation’s purposes; (g) any other object or purpose not inconsistent with this Act which the corporation considers to be appropriate in the circumstances. (2) The corporation, or a corporation or partnership of which the corporation is a member, or which is formed, participated in or managed by the corporation, may enter into any agreement or arrangement with a corporation or partnership the objects of which include 1 or more of the objects and purposes specified in subsection (1)(a) to (g), in respect of any of those lastmentioned objects and purposes. 136 Use of facilities and staff The corporation, in such circumstances and subject to such terms and conditions as it thinks fit, may contract or otherwise enter into an arrangement with any person or body for the use by the person or body of facilities and staff controlled by the corporation. 137 Corporations and partnerships to furnish returns etc. A corporation or partnership— (a) formed by the corporation pursuant to section 135; or (b) managed by the corporation; or (c) of which the corporation becomes a member;
s 138 142 Education (General Provisions) Act 1989 s 140 shall furnish the corporation with such reports, returns and information relative to the affairs of the corporation or partnership as are from time to time required by the corporation. 138 Audit requirements For the purposes of the Financial Administration and Audit Act 1977 , a corporation mentioned in section 137 of this Act is a statutory body within the meaning of that Act. 139 Restrictions on receiving etc. any wage, salary, fee etc. (1) On the corporation becoming a member of a corporation or partnership pursuant to this Act, any remuneration, fee, allowance, amount by way of expenses or other moneys or payment received by the corporation or by an officer of the public service, acting on behalf of the corporation in connection with such membership, shall not be retained by the corporation or such officer but shall be paid into the consolidated fund or, if it is in the nature of a recovery of expenditure, shall be paid into the fund to which it relates as provided in the Financial Administration and Audit Act 1977 . (2) Subsection (1) shall not prohibit an officer of the public service from receiving, accepting or retaining an amount by way of expenses in connection with duties associated with such membership undertaken outside the ordinary office working hours of that officer. 140 Disposal of property donated for school or other educational purposes (1) This section applies to property devised, bequeathed or given to the corporation— (a) for the benefit of a specified school; or (b) for the promotion of a specified branch of education. (2) This section applies if— (a) the property cannot be used in the way specified by the donor because—
s 142 143 Education (General Provisions) Act 1989 s 142A (i) the specified school has be discontinued; or (ii) the specified branch of education has been wholly or partly discontinued; or (b) in the Minister’s opinion, it is not practicable for the property to be used in the way specified by the donor. (3) The Minister may direct that the property— (a) be used for another purpose of the department; or (b) be sold (freed and discharged from a trust to which it is subject) and the proceeds of the sale be used for another purpose of the department; or (c) if the property is land— (i) be given back to the donor; or (ii) if the donor is dead—be given to a descendant of the donor. 142 Provision for student hostels The Minister may provide (and it is hereby declared that the Minister has always had such power to so provide) grants, allowances and subsidies to persons or bodies providing and conducting hostels for the accommodation of students attending schools in receipt of subsidy in accordance with policies approved from time to time by the Minister for that purpose. 142A Transportation assistance for students with disabilities (1) The Minister may give assistance to eligible students relating to their transportation to or from school. (2) The ways that the Minister may give the assistance include the following— (a) paying to the students or their parents all or part of the expenses of the transportation; (b) making payments to the providers of the transportation; (c) helping to organise or co-ordinate the transportation. (3) In this section—
s 142B 144 Education (General Provisions) Act 1989 s 143 eligible student means a student with a disability who attends a school in receipt of subsidy. 142B Grants to other 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. 143 Inspection of places etc. (1) Subject to subsection (2), the Minister may cause— (a) a place other than a State school or non-State school referred to in section 115(2)(a)(i) or a place where instruction in some other manner is conducted pursuant to section 115(2)(a)(ii); or (b) any other institution preparing students for a junior or senior certificate; to be inspected by a person authorised by the Minister in that behalf, if the Minister is in receipt of a complaint which— (c) is concerned with a matter which threatens or interferes with, or is likely to threaten or interfere with, the education of students at that place or institution, as the case may be; and (d) is not an anonymous complaint and which, in the opinion of the Minister, is not a frivolous or vexatious complaint. (2) Before causing an inspection to be made under subsection (1), the Minister must consult with and have regard to the views of— (a) in the case of a place of a kind referred to in subsection (1)(a)—the person who is or appears to the Minister to be in charge of that place; or
s 144 145 Education (General Provisions) Act 1989 s 144 (b) in the case of an institution of a kind referred to in subsection (1)(b)—the person who is or appears to the Minister to be in charge of that institution. (3) The authorised person referred to in subsection (1) shall prepare and transmit expeditiously to the Minister a report in connection with any inspection conducted under this section and shall transmit at the same time a copy of that report to the person mentioned in subsection (2)(a) or (b) as the case may be. 144 Restriction on establishment of places for teaching overseas curriculum (1) In this section— approved entity , of a country, means an entity the Minister reasonably believes ordinarily authorises persons to teach primary or secondary curriculums of the country. criminal history , of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986 , and— (a) despite sections 6 and 9 24 of that Act, includes a conviction of the person to which any of the sections applies; and (b) despite section 5 25 of that Act, includes a charge made against the person for an offence. international educational institution means an institution, facility, school, college or other place in Queensland that offers or proposes to offer an overseas curriculum or something that purports to be an overseas curriculum. overseas curriculum means a curriculum that is, or is a variation of, the whole or part of the primary or secondary curriculum of a foreign country. 24 Criminal Law (Rehabilitation of Offenders) Act 1986 , sections 6 (Non-disclosure of convictions upon expiration of rehabilitation period) and 9 (Duty to disregard certain convictions) 25 Criminal Law (Rehabilitation of Offenders) Act 1986 , section 5 (Matter excluded from criminal history)
s 144 146 Education (General Provisions) Act 1989 s 144 (2) A person must not establish or conduct an international educational institution without the approval of the Governor in Council. Maximum penalty—10 penalty units. (2A) Before recommending that the Governor in Council give an approval to establish or conduct an international educational institution, the Minister must have regard to the financial viability of the institution. (2B) Subsection (2A) does not limit the matters the Minister may have regard to in deciding whether to make a recommendation. (3) The Governor in Council may impose conditions on the approval that the Governor in Council considers appropriate. (3A) Without limiting subsection (3), the following conditions apply to an approval for an international educational institution— (a) a person who teaches at the institution must be authorised, under a law, or by an approved entity, of the country in which the institution’s overseas curriculum is ordinarily offered, to teach the curriculum; (b) a person must not teach at the institution if the Minister considers that the person may pose a risk to the safety of children at the institution; (c) a student who successfully completes the institution’s overseas curriculum must be eligible to receive an academic award for its completion from an entity of the country in which the curriculum is ordinarily offered; (d) the institution must have written guidelines about the appropriate conduct of its staff and students that accord with legislation applying in the State about the care or protection of children. (3B) The conditions of an approval, other than the conditions mentioned in subsection (3A), must be stated on the approval. (3C) For subsection (3A)(b), the Minister may ask the commissioner of the police service for a written report about the criminal history of a person who teaches at an international educational institution.
s 146 147 Education (General Provisions) Act 1989 s 146 (3D) If asked by the Minister, the commissioner of the police service must give the Minister a written report about the criminal history of the person, including the criminal history in the commissioner’s possession or to which the commissioner has access. (4) A person establishing or conducting an international educational institution must comply with the conditions of the approval. Maximum penalty—10 penalty units. (5) The Minister may cause an international educational institution to be inspected by the executive director of the region in which the institution is situated at the intervals, and in the way, that the Minister determines. (6) The Minister may recover from the person who conducts an international educational institution the reasonable costs incurred in relation to an inspection. (7) Subject to an appropriation by the Parliament for the purpose, a regulation may be made with respect to the payment of allowances to persons enrolled in an international educational institution. (8) Subsection (7) does not apply to— (a) a State educational institution; or (b) a non-State school; or (c) a place where instruction is received under section 115(2)(a). 146 Forming or establishing associations, trusts and other arrangements (1) The Minister may form or establish or participate in the forming or establishing of (and it is hereby declared that the Minister always had such power to so form, establish or participate) any association, trust or other such arrangement for any purpose which may seem directly or indirectly calculated to further education in any way whatsoever. (2) An association, trust or other arrangement formed or established under subsection (1) is a statutory body for the
s 146A 148 Education (General Provisions) Act 1989 s 146A Financial Administration and Audit Act 1977 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 the association, trust or other arrangement are affected by the Statutory Bodies Financial Arrangements Act 1982 . 146A Obligation to report sexual abuse of student under 18 years attending State school (1) Subsection (2) applies if a staff member of a State school (the first person ) becomes aware, or reasonably suspects, that a student under 18 years attending the school has been sexually abused by someone else who is an employee of 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. (3) A regulation may prescribe the particulars the report must include. (4) A 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 the chief executive’s nominee. Maximum penalty—20 penalty units. (5) The chief executive’s nominee must immediately give a copy of a report given to the nominee under subsection (4) to a police officer. Maximum penalty—20 penalty units. (6) A person who makes a report under subsection (2), 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.
s 146B 149 Education (General Provisions) Act 1989 s 146B (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. 146B Obligation to report sexual abuse of student under 18 years attending non-State school (1) Subsection (2) applies if a staff member of a non-State school (the first person ) becomes aware, or reasonably suspects, that a student under 18 years attending the school has been sexually abused by someone else who is an employee of 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. (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 gives a copy of a report under subsection (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)—
s 146C 150 Education (General Provisions) Act 1989 s 146C (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. (7) In this section— director , of a non-State school’s governing body, means— (a) if the governing body is a company under the Corporations Act—a person appointed as a director of the governing body; or (b) otherwise—a person who is, or is a member of, the executive or management entity, by whatever name called, of the governing body. Part 10 Appeals and miscellaneous matters Division 1AA Appeals against directions under section 48F or 48O 146C Definition for div 1AA In this division— court means— (a) for an appeal relating to a child—the Childrens Court; or (b) otherwise—a Magistrates Court.
s 146D 151 Education (General Provisions) Act 1989 s 146F 146D Who may appeal A person (the appellant ) who is given a direction under section 48F or 48O 26 (the original direction ) may appeal against the original direction to a court. 27 146E Starting an appeal The notice of appeal under the Uniform Civil Procedure Rules 1999 must be filed with the registrar of the court within 10 days after the appellant is given the original direction. 146F Hearing procedures (1) In deciding the appeal, the court— (a) has the same powers as the person who gave the original direction; and (b) is not bound by the rules of evidence; and (c) must comply with natural justice; and (d) must allow a child to be represented by an associated adult; and (e) may not make an order for costs, other than for filing fees. (2) To remove any doubt, it is declared that the Childrens Court Act 1992 , section 20 28 applies if the appeal is heard by the Childrens Court. (3) The appeal is by way of rehearing, unaffected by the original direction, on the material before the person who gave the original direction and any further evidence allowed by the court. 26 Section 48F (Prohibition from entering premises) or 48O (Prohibition from entering premises) 27 The Uniform Civil Procedure Rules 1999 contains provisions about appeals to a Magistrates Court. 28 Childrens Court Act 1992 , section 20 (Who may be present at a proceeding)
s 146G 152 Education (General Provisions) Act 1989 s 147 (4) The respondent to the appeal may be represented by a lawyer at the hearing of the appeal only if the appellant is also represented by a lawyer. (5) In this section— associated adult , for a child, means an adult who— (a) is the child’s parent, step-parent or guardian; or (b) is the child’s spouse; or (c) has parental rights and duties for the child; or (d) might reasonably be expected to have authority over the child’s conduct. 146G Powers of court on appeal (1) In deciding the appeal, the court may— (a) confirm the original direction; or (b) amend the original direction; or (c) substitute another direction for the original direction; or (d) set aside the original direction and return the issue to the person who gave the original direction with the directions the court considers appropriate. (2) If the court amends the original direction or substitutes another direction for the original direction, the amended or substituted direction is, for this Act (other than this division), taken to be the direction of the person who gave the original direction. Division 1 Appeals against decisions under section 113, 130 or 132 147 Definitions for div 1 In this division— aggrieved person means— (a) a person who made a submission to the Minister about the person’s removal from an association and who is
s 148 153 Education (General Provisions) Act 1989 s 148 aggrieved by the Minister’s decision under section 113; or (b) a student aggrieved by the decision of a principal’s supervisor under section 130; or (c) a student aggrieved by the chief executive’s decision under section 132. 29 court means a Magistrates Court constituted by a Magistrate. 148 Appeals (1) An aggrieved person may appeal to a court against the decision about which the person is aggrieved. (2) The appeal is to be started, by filing a notice of appeal in the court, within 28 days after the aggrieved person receives notice of the decision appealed against. (3) The appeal is by way of a rehearing on the material that was before the person whose decision is appealed against. (4) The court may— (a) allow the appeal and make any order the court considers appropriate; or (b) dismiss the appeal. 29 Section 113 (Dealing with submissions against removal), 130 (Dealing with submissions against principal’s decision) or 132 (Chief executive must consider and decide application for further semesters)
s 149 154 Education (General Provisions) Act 1989 s 150A Division 2 Miscellaneous matters 149 Delegation by chief executive (1) The chief executive may delegate the chief executive’s powers under this Act, other than part 4, divisions 1 to 6, 30 to an appropriately qualified officer of the department. (2) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power. Example of standing— a person’s classification level in the department 150 Evidentiary provisions In any proceeding for the purposes of this Act, a certificate purporting to be signed by the Minister certifying— (a) that a school is or is not a non-State school for the purposes of this Act; or (b) that a person is or is not person with a disability for the purposes of this Act; or (c) that a person is or is not a student for the purposes of this Act; is evidence of the matters contained in the certificate. 150A Allegation of false or misleading information or document In any 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 30 Part 4 (Good order and management of State educational institutions and non-State schools), divisions 1 (Behaviour management plans), 2 (Suspension of students), 3 (Exclusion of students by supervisor), 3A (Exclusion of students by chief executive), 3B (Review of decisions about exclusion), 4 (Cancellation of enrolment of students above compulsory school age), 5 (Miscellaneous provisions about suspensions, exclusions and cancellations) and 6 (Offences)
s 151 155 Education (General Provisions) Act 1989 s 153 the information or document was, without specifying which, ‘false or misleading’. 151 Approval of forms The chief executive may approve forms for use under this Act. 152 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) A regulation may be made with respect to the following matters— (a) the matters for which fees are payable under this Act, the amounts of the fees, the persons who are liable to pay fees, when the fees are payable, the refunding of fees and the recovery of any unpaid amount of fees; (b) the management, administration and control of the operations of a State educational institution; (c) the dissolution of an association or school council; (d) prescribing offences for contraventions of a regulation and fixing a maximum penalty of 10 penalty units for a contravention. Part 11 Transitional provisions Division 1 Transitional provisions before Education and Other Legislation Amendment Act 1999 153 References to Education Act 1964 A reference in an Act or document to the Education Act 1964 is taken to be a reference to this Act.
s 156 156 Education (General Provisions) Act 1989 s 158 156 Existing resolutions of associations about financial year A valid resolution of an association about the period that constitutes its financial year and in effect immediately before the commencement of this section continues to have effect until a resolution is made by the association under section 94. 31 157 Removal of officers or members of association (1) This section applies if provisions of an association’s constitution in effect immediately before the commencement of this section provided for the removal of officers or members of the association. (2) The provisions do not have effect. Division 2 Transitional and validation provisions for Education and Other Legislation Amendment Act 1999 158 Transitional provision about existing elected members of school councils (1) Subject to sections 56, 57 and 58, 32 an existing elected member continues to be a member until the end of the term for which the member was elected. (2) In this section— existing elected member means a person who, immediately before the commencement of this section, was an elected parent member or an elected staff member. 31 Section 94 (Financial year) 32 Sections 56 (Terms of office for elected and appointed members), 57 (Ineligibility on conviction of indictable offence) and 58 (Appointment not affected by other laws restricting employment)
s 159 157 Education (General Provisions) Act 1989 s 160 159 Transitional provision about guidelines (1) The 1997 guidelines are taken to be guidelines issued by the Minister under section 134A(1). (2) To remove any doubt, it is declared that nothing in this section limits the power of the Minister to issue guidelines under section 134A(1). (3) In this section— 1997 guidelines means the document called ‘Queensland Non–State Schools Planning Assessment of Individuals Applications’ approved by the Minister on 26 September 1997 and amendments to the document approved by the Minister before the commencement 33 of this section. 34 160 Validation of certain decisions made by Minister (1) This section applies if, before the commencement of this section— (a) a person proposing to establish, or significantly modify, a non-State school applied to the Minister for an approval to establish, or significantly modify, the school; and (b) the application would have been an application for a planning approval for the school if the application had been made after the commencement; and (c) the Minister decided to— (i) refuse the application; or (ii) grant the application, with or without conditions relating to the facilities for, or instruction in, preschool, primary, secondary or special education at the school. 33 Section 159 commenced 1 January 2000. 34 A copy of the document is available from the department’s central office at 30 Mary Street, Brisbane and its district offices.
s 161 158 Education (General Provisions) Act 1989 s 162 (2) The Minister’s decision is taken to be, and always to have been, validly made to the extent it would be validly made under section 134B after the commencement of this section. 35 161 Validation of conditions imposed on non-State school (1) This section applies if, before the commencement of this section, 36 the Minister— (a) made a decision (a section 160 decision ) mentioned in section 160(1)(c)(ii) for a school, subject to conditions relating to the facilities for, or instruction in, preschool, primary, secondary or special education at the school; and (b) subsequently made a decision (a section 2(2) decision ) for section 2(2) that results in the school being a non-State school for a type of education. (2) The section 2(2) decision is subject to any continuing conditions about facilities or instruction imposed on the section 160 decision as if the decision had been made after the commencement of section 2A(4). Division 3 Transitional and validation provisions for Education (Accreditation of Non-State Schools) Act 2001 162 Definitions for div 3 In this division— 2000 guidelines means the document called ‘Planning Guidelines 2000’ approved by the Minister on 6 December 2000. commencement means the commencement of section 164. 37 35 Section 160 commenced 1 January 2000. 36 Section 161 commenced 1 January 2000. 37 Section 164 commenced 21 September 2001.
s 163 159 Education (General Provisions) Act 1989 s 165 163 Sections in div 2 ceasing to have effect On the commencement, sections 159, 160 and 161 cease to have effect. 164 Transitional provision about guidelines (1) The previous guidelines are taken— (a) to be guidelines issued under section 134A; and (b) to have effect as if they were issued under section 134A. (2) To remove doubt, it is declared that nothing in this section limits the Minister’s power to issue guidelines under section 134A. (3) In this section— previous guidelines means the following— (a) the document called ‘Queensland Non–State Schools Planning Assessment of Individual Applications’ approved by the Minister on 26 September 1997; (b) the document called ‘Queensland Non–State Schools Planning Assessment of Individual Applications’ approved by the Minister on 23 December 1999; (c) the document called ‘Planning Guidelines 2000’ approved by the Minister on 6 December 2000 and amendments to the document approved by the Minister before the commencement. 165 Validation of decisions made by Minister (1) This section applies if, before the commencement— (a) a person proposing to establish, or significantly modify, a non-State school applied to the Minister for an approval to establish, or significantly modify, the school; and (b) the Minister decided to— (i) refuse to grant the application; or (ii) grant the application, without conditions; or
s 166 160 Education (General Provisions) Act 1989 s 166A (iii) grant the application, with conditions to which the approval was subject. (2) If the application would have been an application for a planning approval for the school had the application been made after the commencement, the Minister’s decision is taken to be, and always to have been, validly made to the extent it would be validly made under section 134B after the commencement. (3) If the Minister’s decision was to grant the application, any other decision of or payment by the Minister, made or purportedly made under section 2(2) or 141 in relation to the school, is taken to be, and always to have been, validly made. (4) Also, the Minister’s decision is taken to be, and always to have been, validly made if the decision was made in accordance with relevant criteria adopted by the Minister because there was doubt about the validity of the 2000 guidelines. 166 Validation of conditions imposed on non-State school (1) This section applies if, before the commencement, the Minister— (a) made a decision mentioned in section 165(1)(b)(iii) for a school (the section 165 decision ); and (b) subsequently made a decision for section 2(2) that resulted in the school being a non-State school for a type of education (the section 2(2) decision ). (2) The section 2(2) decision is subject to any continuing conditions imposed under the section 165 decision as if the section 165 decision had been made after the commencement. Division 4 Transitional provisions for Youth Participation in Education and Training Act 2003 166A Definitions for div 4 In this division—
s 166B 161 Education (General Provisions) Act 1989 s 166E commencement day , for a provision in this division, means the day the provision commences. dispensation includes a provisional dispensation. 166B Existing dispensations (1) This section applies to a dispensation granted by the Minister under section 115 that was in force immediately before the commencement day. (2) The dispensation continues in force, as if it had been granted by the chief executive, until it expires or otherwise ends under this Act. 166C Existing applications for a dispensation (1) This section applies to an application for a dispensation made to the Minister before the commencement day that, at the commencement day, had not been finally dealt with. (2) The chief executive may continue to deal with the application as if it had been made to the chief executive. 166D Proceedings for an offence against s 118 (1) Section 118(2A) applies only to proceedings started on or after the commencement day. (2) Section 118(3)(d), as in force immediately before the commencement day, continues to apply for a proceeding for an offence alleged to have been committed before the commencement day. 166E Compulsory school age (1) Despite section 4A(1), a person who was at least 15 years on 31 December 2005 is not of compulsory school age. (2) Subsection (3) applies to a person who— (a) was less than 15 years on 31 December 2005; and (b) had completed year 10 before 1 January 2006. (3) Despite section 4A(2), the person—
s 166F 162 Education (General Provisions) Act 1989 s 166H (a) is of compulsory school age while the person is less than 15 years; and (b) is no longer of compulsory school age on turning 15 years. Division 5 Transitional provisions for Education Legislation Amendment Act 2004 166F Requirement to give financial data—2002 and 2003 (1) This section applies to a non-State school in receipt of subsidy that was in operation for the whole of 2003. (2) For section 134AB(1), the governing body of the school must on or before 14 February 2005 give the Minister financial data, for the school, relating to 2003. (3) Also, for section 134AB(1), if the school was in operation for the whole of 2002, the governing body of the school must on or before 14 February 2005 give the Minister financial data, for the school, relating to 2002. (4) The data must be provided in the approved form. (5) The source of the data must be the audited financial statements for the school’s governing body for the relevant year. 166G Further information or documents relating to financial data For this division, section 134AC applies to the governing body of a school as if a reference in that section to section 134AB were a reference to section 166F. 166H False or misleading information or documents For this division, section 134AD applies to the governing body of a school as if— (a) a reference in that section to section 134AB were a reference to section 166F; and
s 166I 163 Education (General Provisions) Act 1989 s 167 (b) a reference in that section to section 134AC were a reference to section 134AC, as applied by 166G. 166I Confidentiality of financial data For this division, section 134AE applies to a person as if— (a) a reference in that section to section 134AB were a reference to section 166F; and (b) a reference in that section to section 134AC were a reference to section 134AC, as applied by 166G. 166J Further amendment, or repeal, of Education (General Provisions) Regulation 2000 The amendment of the Education (General Provisions) Regulation 2000 by the Education Legislation Amendment Act 2004 does not affect the power of the Governor in Council to further amend that regulation or to repeal it. Part 12 Transitional provision for compulsory education 167 Transitional provision for compulsory education (1) A parent of a child of compulsory school age is taken to comply with section 114 if the child is enrolled at a prescribed State school or non-State school, and attending the school, on every school day, for a preparatory trial year of instruction. (2) In this section— preparatory trial year of instruction means a program of instruction under a preschool guideline, being developed under the Education (Queensland Studies Authority) Act 2002 , for preparing a child for primary education. prescribed State school or non-State school means a State school or non-State school prescribed under a regulation.
s 168 164 Education (General Provisions) Act 1989 s 170 Part 13 Validation provisions for home schooling dispensation 168 Definitions for pt 13 In this part— commencement means commencement of this section. guidelines means the guidelines, approved under this Act, stated in the order in council published in the gazette on 5 August 1989 at page 2993. 169 Validation of guidelines (1) The guidelines are, and always have been, valid. (2) Without limiting subsection (1), an amount charged and collected under section 5(c)(ii) of the guidelines before the commencement is taken to have been validly charged and collected. 170 Amendment of guidelines (1) The guidelines are amended by— (a) in section 5(c)(ii) of the guidelines, omitting all words from ‘and submit’ to ‘Art’; and (b) omitting section 6 of the guidelines; and (c) in section 7 of the guidelines, omitting the words ‘and the Regional Director’. (2) Without limiting subsection (1)(a), an amount payable under section 5(c)(ii) of the guidelines, but not paid before the commencement, is no longer payable. (3) The amendment of the guidelines in this section does not affect the power of the Governor in Council to approve a further amendment, or revoke the Governor in Council’s approval, of the guidelines.
s 171 165 Education (General Provisions) Act 1989 s 171 Part 14 Declaratory provision for Child Employment Act 2006 171 Further amendment, or repeal, of Education (General Provisions) Regulation 2000 The amendment of the Education (General Provisions) Regulation 2000 by the Child Employment Act 2006 does not affect the power of the Governor in Council to further amend that regulation or to repeal it.
166 Education (General Provisions) Act 1989 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .166 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .167 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .167 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .168 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .168 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .172 8 List of forms notified or published in the gazette . . . . . . . . . . . . . . . . . . . . . . . . .189 9 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .190 10 Information about retrospectivity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .194 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 21 July 2006. Future amendments of the Education (General Provisions) Act 1989 may be made in accordance with this reprint under the Reprints Act 1992, section 49.
167 Education (General Provisions) Act 1989 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 2 3 3A 4 rv 4A rv 4B rv 4C rv 4D rv 4E rv 4F rv 4G rv Amendments to 1994 Act No. 15 1995 Act No. 20 1996 Act No. 71 1996 Act No. 71 1997 Act No. 83 1997 Act No. 83 1999 Act No. 81 2000 Act No. 5 2000 Act No. 60 2001 Act No. 45 2001 Act No. 60 2001 Act No. 60 Effective 10 May 1994 23 June 1995 7 April 1997 1 June 1997 1 January 1998 7 December 1998 1 January 2000 1 July 2000 2 February 2001 15 July 2001 21 September 2001 1 January 2002 Reprint date 20 July 1994 4 July 1995 9 May 1997 28 July 1997 6 February 1998 15 December 1998 11 January 2000 14 July 2000 2 February 2001 13 August 2001 28 September 2001 2 January 2002
168 Education (General Provisions) Act 1989 Reprint No. 4H 2rv 5 rv 5A rv 5B 5C 5D rv 5E 5F 6 6A 6B 6C 6D 6E 6F 6G 6H Amendments included 2002 Act No. 1 2002 Act No. 11 2003 Act No. 72 — 2002 Act No. 75 2003 Act No. 62 2003 Act No. 89 2003 Act No. 62 2003 Act No. 88 2003 Act No. 89 — 2004 Act No. 44 2004 Act No. 53 2004 Act No. 44 2005 Act No. 29 2005 Act No. 65 2003 Act No. 62 (amd 2005 Act No. 65) 2005 Act No. 47 2005 Act No. 65 2006 Act No. 2 2000 Act No. 5 (amd 2006 Act No. 26) Effective 1 July 2002 1 July 2002 13 December 2002 13 October 2003 18 November 2003 1 January 2004 19 April 2004 24 June 2004 24 June 2004 18 November 2004 29 November 2004 1 January 2005 31 May 2005 28 November 2005 1 January 2006 1 July 2006 21 July 2006 Notes R4H 2rv withdrawn, see R5 rv R5F withdrawn, see R6 5 Tables in earlier reprints Name of table Changed names and titles Obsolete and redundant provisions Renumbered provisions Reprint No. 1, 2 1 1, 4 6 List of legislation Education (General Provisions) Act 1989 No. 30 date of assent 28 April 1989 ss 1–2 commenced on date of assent remaining provisions commenced 5 August 1989 (proc pubd gaz 5 August 1989 p 3002) amending legislation— Education (General Provisions) Act Amendment Act 1989 No. 65 date of assent 14 June 1989 commenced on date of assent
169 Education (General Provisions) Act 1989 Griffith University and Queensland Conservatorium of Music Amalgamation and Miscellaneous Amendments Act 1991 No. 23 pts 1, 6, s 20 sch date of assent 5 June 1991 s 20 sch commenced 16 December 1994 (1994 SL No. 457) remaining provisions commenced on date of assent (see s 2(1)) Statute Law (Miscellaneous Provisions) Act 1991 No. 97 ss 1–3 sch 1 date of assent 17 December 1991 commenced on date of assent Higher Education (General Provisions) Act 1993 No. 12 ss 1–2, 20 date of assent 28 May 1993 ss 1–2 commenced on date of assent remaining provisions commenced 15 March 1996 (1996 SL No. 45) Statute Law (Miscellaneous Provisions) Act 1993 No. 32 ss 1–3 sch 1 date of assent 3 June 1993 commenced on date of assent Statute Law (Miscellaneous Provisions) Act 1994 No. 15 ss 1–3 sch 1 date of assent 10 May 1994 commenced on date of assent Statute Law (Miscellaneous Provisions) Act (No. 2) 1994 No. 87 ss 1–3 sch 2 date of assent 1 December 1994 commenced on date of assent Education Legislation Amendment Act 1995 No. 20 pts 1–2, s 3 sch 1 date of assent 11 April 1995 s 3 sch 1 item 2 commenced 23 June 1995 (see s 2(2), 1995 SL No. 198) remaining provisions commenced on date of assent Statute Law Revision Act (No. 2) 1995 No. 58 ss 1–2, 4 sch 1 date of assent 28 November 1995 commenced on date of assent Statutory Bodies Financial Arrangements Amendment Act 1996 No. 54 ss 1–2, 9 sch date of assent 20 November 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 June 1997 (1997 SL No. 128) Education (General Provisions) Amendment Act 1996 No. 64 date of assent 9 December 1996 ss 1–2 commenced on date of assent ss 3, 5 (so far as it om ss 26–27), 6 (so far as it ins new pt 4 div 6), 7–9 commenced 28 January 1997 (1997 SL No. 3) remaining provisions commenced 7 April 1997 (1997 SL No. 83) Education (School Curriculum P–10) Act 1996 No. 65 ss 1–2, 52 sch 2 date of assent 9 December 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 February 1997 (1997 SL No. 5)
170 Education (General Provisions) Act 1989 Education (Overseas Students) Act 1996 No. 71 ss 1–2, pt 6 date of assent 9 December 1996 ss 1–2 commenced on date of assent remaining provisions commenced 7 December 1998 (automatic commencement under AIA s 15DA(2)) (see also 1997 SL No. 350 s 2(2)) Education and Other Legislation Amendment Act 1997 No. 83 pts 1, 5 date of assent 5 December 1997 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 1998 (1997 SL No. 464) Education and Other Legislation Amendment Act 1999 No. 81 pts 1, 3 date of assent 14 December 1999 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2000 (see s 2) Police Powers and Responsibilities Act 2000 No. 5 ss 1–2, 461 (prev s 373) sch 3 date of assent 23 March 2000 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2000 (see s 2(1), (3) and 2000 SL No. 174) Commission for Children and Young People Act 2000 No. 60 ss 1–2, 175 sch 3 date of assent 24 November 2000 ss 1–2 commenced on date of assent remaining provisions commenced 2 February 2001 (2001 SL No. 1) Corporations (Ancillary Provisions) Act 2001 No. 45 ss 1–2, 29 sch 3 date of assent 28 June 2001 ss 1–2 commenced on date of assent sch 3 commenced 15 July 2001 (see s 2(2) of Act 2001 No. 45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz 13 July 2001, No. S285) remaining provision commenced immediately before 15 July 2001 (see s 2(1) of Act 2001 No. 45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz 13 July 2001, No. S285) Education (Accreditation of Non-State Schools) Act 2001 No. 60 ss 1–2(1)(a), (c), (2), 218–219 schs 1–2 date of assent 21 September 2001 ss 1–2, 219 sch 2 commenced on date of assent (see s 2(1)(a), (c)) remaining provisions commenced 1 January 2002 (see s 2(2)) Education (Queensland Studies Authority) Act 2002 No. 1 ss 1–2, 90 sch 1 date of assent 28 February 2002 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2002 (2002 SL No. 154) Public Records Act 2002 No. 11 ss 1, 2(2), 62 sch 1 date of assent 24 April 2002 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2002 (2002 SL No. 115)
171 Education (General Provisions) Act 1989 Education (Miscellaneous Amendments) Act 2002 No. 75 s 1, pt 4, s 74 sch date of assent 13 December 2002 commenced on date of assent Youth Participation in Education and Training Act 2003 No. 62 ss 1–2, pt 7, sch 1 (this Act is amended, see amending legislation below) date of assent 13 October 2003 ss 1–2, pt 7 div 1, s 83 commenced on date of assent (see s 2(1)) pt 7 div 2 (other than s 83), sch 1 commenced 1 January 2004 (2003 SL No. 278) remaining provisions commenced 1 January 2006 (see s 2(3)) amending legislation— Youth Participation in Education and Training and Another Act Amendment Act 2005 No. 65 ss 1, 15 (amends 2003 No. 62 above) date of assent 28 November 2005 commenced on date of assent Grammar Schools and Other Legislation Amendment Act 2003 No. 72 ss 1–2(1), pt 4 date of assent 22 October 2003 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2002 (see s 2(1)) Education and Other Legislation (Student Protection) Amendment Act 2003 No. 88 pts 1, 4 date of assent 18 November 2003 ss 1–2 commenced on date of assent remaining provisions commenced 19 April 2004 (2003 SL No. 345) Education (General Provisions) Amendment Act 2003 No. 89 date of assent 18 November 2003 ss 1–2, 9A, 13 commenced on date of assent remaining provisions commenced 24 June 2004 (2004 SL No. 44) Education Legislation Amendment Act 2004 No. 44 ss 1–2(1), pt 3 date of assent 18 November 2004 ss 1–2 commenced on date of assent ss 21 (other than to the extent it ins def “financial data” and “non-State school in receipt of subsidy”), 22–24 commenced 1 January 2005 (see s 2(1)) remaining provisions commenced on date of assent Statute Law (Miscellaneous Provisions) Act 2004 No. 53 date of assent 29 November 2004 commenced on date of assent Education (Accreditation of Non-State Schools) and Other Legislation Amendment Act 2005 No. 29 pts 1, 3 date of assent 31 May 2005 commenced on date of assent Education (Queensland College of Teachers) Act 2005 No. 47 ss 1–2, 329 sch 2 date of assent 2 November 2005 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2006 (see s 2)
172 Education (General Provisions) Act 1989 Youth Participation in Education and Training and Another Act Amendment Act 2005 No. 65 pts 1, 3 date of assent 28 November 2005 ss 22–23 commenced 1 January 2006 (2005 SL No. 313) remaining provisions commenced on assent Child Employment Act 2006 No. 2 ss 1–2, pt 6 div 1 date of assent 22 February 2006 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2006 (see s 2) Police Powers and Responsibilities Act 2000 No. 5 s 810 sch 4 (prev s 459A sch 3A) (this Act is amended, see amending legislation below) amending legislation— Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26 ss 1–2, 84, 86 (amends 2000 No. 5 above) date of assent 1 June 2006 ss 1–2 commenced on date of assent remaining provisions commenced 21 July 2006 (2006 SL No. 185) 7 List of annotations This reprint has been renumbered—see table of renumbered provisions in endnote 9. Title amd R1 (see RA s 37) PART 1—PRELIMINARY Interpretation s 2 prev s 2 om R2 (see RA s 37) pres s 2 amd 1993 No. 32 s 3 sch 1; 1997 No. 83 s 10(3); 1999 No. 81 s 16(3); 2001 No. 60 s 218 sch 1 def “accepted representations” ins 2001 No. 60 s 218 sch 1 def “age of compulsory attendance” om 2003 No. 62 s 66(1) def “alternative association member” ins 1997 No. 83 s 10(2) def “annual report” ins 1997 No. 83 s 10(2) def “appellant” ins 2003 No. 89 s 4 def “appointed member” ins 1997 No. 83 s 10(2) amd 1999 No. 81 s 16(2) def “approved form” ins 1995 No. 58 s 4 sch 1 def “at” ins 2003 No. 89 s 4 def “basic allocation” ins 1997 No. 83 s 10(2) def “board” ins 2001 No. 60 s 218 sch 1 def “cancel” ins 1996 No. 64 s 4(2) amd 2003 No. 62 s 65 sch 1 def “casual vacancy” ins 1997 No. 83 s 10(2) def “charge” ins 2004 No. 44 s 21 def “company” om 1993 No. 32 s 3 sch 1 def “compulsory school age” ins 2003 No. 62 s 66(2) sub 2003 No. 62 s 85
173 Education (General Provisions) Act 1989 def “continuing student” ins 1997 No. 83 s 10(2) om 1999 No. 81 s 16(1) def “conviction” ins 2004 No. 44 s 21 def “coopted student member” ins 1997 No. 83 s 10(2) amd 1999 No. 81 s 16(2) def “council” ins 1995 No. 20 s 4 om 1996 No. 65 s 52 sch 2 def “criminal history” ins 2004 No. 44 s 21 def “Department” om 1991 No. 97 s 3 sch 1 def “Director-General” sub 1993 No. 32 s 3 sch 1 om R1 (see RA s 39) def “disabled person” om 1997 No. 83 s 10(1) def “early childhood education” ins 1995 No. 20 s 4 om 1996 No. 65 s 52 sch 2 def “educational program” ins 2003 No. 62 s 66(2) def “Education Office gazette” amd 1993 No. 32 s 3 sch 1 def “elected member” ins 1997 No. 83 s 10(2) def “elected parent member” ins 1997 No. 83 s 10(2) amd 1999 No. 81 s 16(2) def “elected staff member” ins 1997 No. 83 s 10(2) amd 1999 No. 81 s 16(2) def “elected student member” ins 1997 No. 83 s 10(2) amd 1999 No. 81 s 16(2) def “employee” ins 2003 No. 88 s 13(2) def “exclude” ins 1996 No. 64 s 4(2) def “excluded person” ins 1996 No. 64 s 4(2) sub 2003 No. 62 s 66(1)–(2) def “executive director” ins 1991 No. 23 s 29(a) om 1996 No. 64 s 4(1) def “extra semester” ins 1997 No. 83 s 10(2) def “financial data” ins 2004 No. 44 s 21 def “further semester” ins 1997 No. 83 s 10(2) def “indictable offence” ins 2002 No. 75 s 74 sch def “materials” sub 1996 No. 65 s 52 sch 2 def “mature age State educational institution” ins 2004 No. 44 s 21 def “mature age student” ins 2004 No. 44 s 21 def “mature age student notice” ins 2004 No. 44 s 21 def “Minister” om 1991 No. 97 s 3 sch 1 def “model constitution” ins 1997 No. 83 s 10(2) def “negative notice” ins 2004 No. 44 s 21 def “non-State school” sub 2001 No. 60 s 218 sch 1 def “non-State school in receipt of subsidy” ins 2004 No. 44 s 21 def “notice” ins 2004 No. 44 s 21 def “notice recommending exclusion” ins 1996 No. 64 s 4(2) def “official member” ins 1997 No. 83 s 10(2) def “open learning” ins 1995 No. 20 s 4 om 1996 No. 65 s 52 sch 2 def “original decision” ins 2004 No. 44 s 21 def “original direction” ins 2003 No. 89 s 4 def “person under a cancellation” ins 1996 No. 64 s 4(2)
174 Education (General Provisions) Act 1989 def “person with a disability” ins 1997 No. 83 s 10(2) def “planning approval” ins 1999 No. 81 s 16(1A) om 2001 No. 60 s 218 sch 1 def “planning guidelines” ins 1999 No. 81 s 16(1A) om 2001 No. 60 s 218 sch 1 def “positive notice” ins 2004 No. 44 s 21 def “practising teacher” ins 1995 No. 20 s 4 om 1996 No. 65 s 52 sch 2 def “premises” ins 2003 No. 89 s 4 def “preschool education” sub 1997 No. 83 s 10 amd 2003 No. 62 s 65 sch 1 def “principal” sub 1996 No. 64 s 4; 2003 No. 88 s 13 def “principal’s supervisor” ins 1997 No. 83 s 10(2) def “proponent” ins 1999 No. 81 s 16(1A) om 2001 No. 60 s 218 sch 1; 2001 No. 60 s 219 sch 2 (amdt could not be given effect) def “reasonably satisfied” ins 1996 No. 64 s 4(2) def “reasonably suspects” ins 2003 No. 88 s 13(2) def “regional director” om 1991 No. 23 s 29(b) def “registered teacher” ins 2003 No. 62 s 66(2) amd 2005 No. 47 s 329 sch 2 def “remaining allocation” ins 1997 No. 83 s 10(2) def “school in receipt of subsidy” ins 2003 No. 72 s 29 (retro) def “school of distance education” ins 2003 No. 62 s 66(2) amd 2005 No. 65 s 21 def “school year” ins 1997 No. 83 s 10(2) def “semester” ins 1997 No. 83 s 10(2) def “semester 1” ins 1997 No. 83 s 10(2) def “semester 2” ins 1997 No. 83 s 10(2) def “serious offence” ins 2004 No. 44 s 21 def “show cause notice” ins 2001 No. 60 s 218 sch 1 def “show cause period” ins 2001 No. 60 s 218 sch 1 def “significantly modifying” ins 1999 No. 81 s 16(1A) amd 2001 No. 60 s 219 sch 2 om 2001 No. 60 s 218 sch 1 def “special education” sub 1997 No. 83 s 10 def “special education developmental centre” ins 1997 No. 83 s 10(2) def “State educational institution” amd 1993 No. 32 s 3 sch 1 def “State preschool centre” sub 1997 No. 83 s 10 def “State school” amd 1993 No. 32 s 3 sch 1 sub 1997 No. 83 s 10 def “suspend” ins 1996 No. 64 s 4(2) def “teacher” ins 1996 No. 64 s 4(2) amd 2003 No. 62 s 66(3) def “tertiary education” ins 1995 No. 20 s 4 om 1996 No. 65 s 52 sch 2 def “Vocational Education Minister” ins 1995 No. 20 s 4 om 1996 No. 65 s 52 sch 2
175 Education (General Provisions) Act 1989 Decision about non-State school s 2A ins 1999 No. 81 s 16A amd 2001 No. 60 s 219 sch 2 om 2001 No. 60 s 218 sch 1 Definitions relating to special education s 3 ins 1997 No. 83 s 11 amd 2003 No. 62 s 65 sch 1 References to student when student is a minor or under other legal disability s 4 ins 1997 No. 83 s 11 amd 2003 No. 89 s 5 Meaning of “compulsory school age” s 4A ins 2003 No. 62 s 86 Meaning of basic allocation, remaining allocation etc. s 5 ins 1997 No. 83 s 11 PART 2—CORPORATION OF THE MINISTER AND GENERAL POWERS OF THE MINISTER The corporation of the Minister s 6 amd 1993 No. 32 s 3 sch 1 Excluded matter for Corporations legislation s 6A ins 2001 No. 45 s 29 sch 3 Corporation of the Minister is statutory body s 7 ins 1996 No. 54 s 9 sch Power of Minister to be member of committees etc. s 9 amd 1997 No. 83 s 12 Imposition, collection and disposal of fees, etc., and other moneys s 11 prev s 11 om 1994 No. 15 s 3 sch 1 Delegation by Minister s 13 sub 1991 No. 97 s 3 sch 1 amd 1994 No. 15 s 3 sch 1; 1995 No. 20 s 3 sch 1; 1997 No. 83 s 13; 2002 No. 75 s 74 sch PART 3—STATE EDUCATIONAL INSTITUTIONS Provision of State education s 14 amd 1994 No. 15 s 3 sch 1; 1997 No. 83 s 14; 2003 No. 62 s 67 Special education s 15 ins 1997 No. 83 s 15 amd 2003 No. 62 s 65 sch 1 Power to establish State schools s 16 prev s 16 om 1993 No. 32 s 3 sch 1 pres s 16 sub 1994 No. 15 s 3 sch 1 Power to establish other ways of educational instruction s 17 prev s 17 om 1993 No. 32 s 3 sch 1 pres s 17 sub 1994 No. 15 s 3 sch 1
176 Education (General Provisions) Act 1989 Establishment of certain centres, student hostels, student residential colleges and other State educational institutions prov hdg amd 1999 No. 81 s 17 s 18 sub 1993 No. 32 s 3 sch 1 amd 1997 No. 83 s 16 Curriculum framework for State educational institutions s 19 sub 2002 No. 1 s 90 sch 1 Development and revision of 1–12 syllabuses and preschool guidelines s 19A ins 2002 No. 1 s 90 sch 1 Implementation of syllabus, course or preschool guideline at a State educational institution prov hdg amd 2003 No. 62 s 68(1) s 19B ins 2002 No. 1 s 90 sch 1 amd 2003 No. 62 s 68(2)–(4) Direction by Minister about tests s 19C ins 2002 No. 1 s 90 sch 1 Use of State educational institutions s 20 amd 1994 No. 15 s 3 sch 1; 1997 No. 83 s 17 Investigation of complaint s 22 amd 1994 No. 15 s 3 sch 1 State educational institutions may be discontinued s 23 amd 1997 No. 83 s 18 Instruction to be free s 24 prev s 24 sub 1989 No. 65 s 3 amd 1991 No. 23 s 30 om 1996 No. 64 s 5 pres s 24 amd 2005 No. 65 s 22 Fee for distance education provided by a State school s 24A ins 2005 No. 65 s 23 School records and reports s 25 prev s 25 sub 1989 No. 65 s 4 amd 1991 No. 23 s 31 om 1996 No. 64 s 5 pres s 25 amd 1994 No. 15 s 3 sch 1; 1997 No. 83 s 19; 2000 No. 60 s 175 sch 3 Religious instruction in school hours s 26 prev s 26 om 1996 No. 64 s 5 pres s 26 amd 1991 No. 97 s 3 sch 1; 1995 No. 20 s 3 sch 1; 1999 No. 81 s 18 Division 4—Provisions relating to mature age students div hdg ins 2004 No. 44 s 22 Subdivision 1—Preliminary sdiv 1 (ss 26AA–26AB) ins 2004 No. 44 s 22
177 Education (General Provisions) Act 1989 Subdivision 2—Obligation relating to mature age student notices sdiv hdg ins 2004 No. 44 s 22 Obligation of mature age State educational institution’s principal s 26AC ins 2004 No. 44 s 22 amd 2005 No. 29 s 25 Subdivision 3—Issue of mature age student notices sdiv 3 (ss 26AD–26AG) ins 2004 No. 44 s 22 Subdivision 4—Provisions about criminal history sdiv 4 (ss 26AH–26AM) ins 2004 No. 44 s 22 Subdivision 5—Cancellation and replacement of positive notices sdiv 5 (s 26AN) ins 2004 No. 44 s 22 Subdivision 6—Review of decisions sdiv 6 (ss 26AO–26AR) ins 2004 No. 44 s 22 Subdivision 7—General provisions sdiv 7 (ss 26AS–26AT) ins 2004 No. 44 s 22 PART 4—GOOD ORDER AND MANAGEMENT OF STATE EDUCATIONAL INSTITUTIONS AND NON-STATE SCHOOLS pt hdg ins 1996 No. 64 s 6 amd 2004 No. 53 s 2 sch Division 1AA—Preliminary div 1AA (s 26A) ins 2003 No. 89 s 6 Division 1—Behaviour management plans div hdg ins 1996 No. 64 s 6 Principal is responsible for behaviour management plans s 27 prev s 27 om 1996 No. 64 s 5 pres s 27 ins 1996 No. 64 s 6 Division 2—Suspension of students div hdg ins 1996 No. 64 s 6 Grounds for suspension of student s 28 ins 1996 No. 64 s 6 Suspension of student s 29 prev s 29 om 1997 No. 83 s 20 pres s 29 ins 1996 No. 64 s 6 Placement of certain students in alternative education program s 30 ins 1996 No. 64 s 6 Submissions against suspensions for more than 5 school days s 31 prev s 31 om 1997 No. 83 s 22 pres s 31 ins 1996 No. 64 s 6 Dealing with submissions against suspensions s 32 prev s 32 om 1994 No. 15 s 3 sch 1
178 Education (General Provisions) Act 1989 pres s 32 ins 1996 No. 64 s 6 amd 1999 No. 81 s 19 Division 3—Exclusion of students by supervisor div hdg amd 2003 No. 62 s 69 Grounds for exclusion of student by supervisor s 33 prov hdg amd 2003 No. 62 s 70 Exclusion of student by supervisor prov hdg amd 2003 No. 62 s 71(1) s 36 amd 1999 No. 81 s 20; 2003 No. 62 s 71(2) Division 3A—Exclusion of students by chief executive div hdg ins 2003 No. 62 s 72 Chief executive’s power to exclude student s 36A ins 2003 No. 62 s 72 Grounds for exclusion of student by chief executive s 36B ins 2003 No. 62 s 72 Grounds for exclusion of mature age student by chief executive s 36BA ins 2004 No. 44 s 23 Suspension pending final decision about exclusion s 36C ins 2003 No. 62 s 72 Submissions against proposed exclusion s 36D ins 2003 No. 62 s 72 Exclusion of student by chief executive s 36E ins 2003 No. 62 s 72 Division 3B—Review of decisions about exclusion div hdg ins 2003 No. 62 s 72 Submissions against exclusions s 37 amd 2003 No. 62 s 73 Dealing with submissions against exclusions s 38 amd 1999 No. 81 s 21; 2003 No. 62 s 74 Periodic review of decision to exclude on ground mentioned in s 36B prov hdg amd 2004 No. 44 s 24(1) s 38A ins 2003 No. 62 s 75 amd 2004 No. 44 s 24(2) Division 4—Cancellation of enrolment of students above compulsory school age div hdg amd 2003 No. 62 s 65 sch 1 Grounds for cancelling enrolment of student more than compulsory school age prov hdg amd 2003 No. 62 s 65 sch 1 s 39 amd 2003 No. 62 s 65 sch 1 Cancellation of student’s enrolment s 40 amd 2003 No. 62 s 65 sch 1
179 Education (General Provisions) Act 1989 Dealing with submissions against cancellations of enrolment s 42 amd 1999 No. 81 s 22 When decisions take effect s 46 sub 1999 No. 81 s 23 Wilful disturbance s 47 amd 2003 No. 89 s 7 Trespass s 48 amd 2003 No. 89 s 8 Division 7—Directions and orders about conduct or movement at, or entry to, premises of State educational institutions div hdg ins 2003 No. 89 s 9 Subdivision 1—Preliminary sdiv 1 (s 48A) ins 2003 No. 89 s 9 Subdivision 2—Powers relating to name and address sdiv 2 (s 48B) ins 2003 No. 89 s 9 Subdivision 3—Directions about conduct or movement at premises of State educational institutions sdiv 3 (ss 48C–48D) ins 2003 No. 89 s 9 Subdivision 4—Directions to leave amd not re-enter premises of State educational institutions for 24 hours sdiv 4 (s 48E) ins 2003 No. 89 s 9 Subdivision 5—Prohibition from entering premises of State educational institutions for up to 60 days sdiv 5 (s 48F) ins 2003 No. 89 s 9 Subdivision 6—Prohibition from entering premises of State educational institutions for more than 60 days, but not more than 1 year sdiv 6 (ss 48G–48H) ins 2003 No. 89 s 9 Division 8—Directions and orders about conduct or movement at, or entry to, premises of non-State schools div hdg ins 2003 No. 89 s 9 Subdivision 1—Preliminary sdiv 1 (s 48I) ins 2003 No. 89 s 9 Subdivision 2—Powers relating to name and address sdiv 2 (s 48J) ins 2003 No. 89 s 9 Subdivision 3—Directions about conduct or movement at premises of non-State schools sdiv 3 (ss 48K–48M) ins 2003 No. 89 s 9 Subdivision 4—Directions to leave and not re-enter premises of non-State schools for 24 hours sdiv 4 (s 48N) ins 2003 No. 89 s 9
180 Education (General Provisions) Act 1989 Subdivision 5—Prohibition from entering premises of non-State schools for up to 60 days sdiv 5 (s 48O) ins 2003 No. 89 s 9 Subdivision 6—Prohibition from entering premises of non-State schools for more than 60 days, but not more than 1 year sdiv 6 (ss 48P–48Q) ins 2003 No. 89 s 9 Division 9—Prohibition from entering premises of all State educational institutions and non-State schools for up to 1 year div 9 (ss 48R–48T) ins 2003 No. 89 s 9 Division 10—Miscellaneous div 10 (ss 48U–48X) ins 2003 No. 89 s 9 PART 5—SCHOOL COUNCILS pt hdg ins 1997 No. 83 s 21 Division 1—Object of part div 1 (s 49) ins 1997 No. 83 s 21 Division 2—Establishment, name, functions and other matters div 2 (ss 50–53) ins 1997 No. 83 s 21 Division 3—Membership div hdg ins 1997 No. 83 s 21 Membership of school councils s 54 ins 1997 No. 83 s 21 amd 1999 No. 81 s 24 Chairperson s 55 ins 1997 No. 83 s 21 Terms of office for elected and appointed members s 56 ins 1997 No. 83 s 21 Ineligibility on conviction of indictable offence s 57 ins 1997 No. 83 s 21 Appointment not affected by other laws restricting employment s 58 ins 1997 No. 83 s 21 Division 4—Constitution div 4 (ss 59–60) ins 1997 No. 83 s 21 Division 5—Council business div hdg ins 1997 No. 83 s 21 Conduct of business s 61 ins 1997 No. 83 s 21 amd 2002 No. 75 s 74 sch Time and place of meetings s 62 ins 1997 No. 83 s 21 Quorum s 63 ins 1997 No. 83 s 21
181 Education (General Provisions) Act 1989 Conduct of meetings s 64 ins 1997 No. 83 s 21 Attendance by proxy s 65 ins 1997 No. 83 s 21 Disclosure of interests by council members s 66 ins 1997 No. 83 s 21 Division 6—Application of other laws div hdg ins 1997 No. 83 s 21 Criminal Law (Rehabilitation of Offenders) Act 1986 s 67 ins 1997 No. 83 s 21 Establishment of Queensland Curriculum Council s 67A ins 1995 No. 20 s 5 om 1996 No. 65 s 52 sch 2 Council’s functions s 67B ins 1995 No. 20 s 5 om 1996 No. 65 s 52 sch 2 Membership of Council s 67C ins 1995 No. 20 s 5 om 1996 No. 65 s 52 sch 2 Official members s 67D ins 1995 No. 20 s 5 om 1996 No. 65 s 52 sch 2 Appointed members s 67E ins 1995 No. 20 s 5 om 1996 No. 65 s 52 sch 2 Members’ term of office s 67F ins 1995 No. 20 s 5 om 1996 No. 65 s 52 sch 2 Members’ fees and allowances s 67G ins 1995 No. 20 s 5 om 1996 No. 65 s 52 sch 2 Council not a statutory body s 67H ins 1995 No. 20 s 5 om 1996 No. 65 s 52 sch 2 Public Records Act 2002 prov hdg prev s 68 prov hdg sub 1995 No. 58 s 4 sch 1 pres s 68 prov hdg sub 2002 No. 11 s 62 sch 1 s 68 prev s 68 om 1993 No. 12 s 20(2) pres s 68 ins 1997 No. 83 s 21 amd 2002 No. 11 s 62 sch 1
182 Education (General Provisions) Act 1989 Freedom of Information Act 1992 s 69 prev s 69 om 1993 No. 12 s 20(2) pres s 69 ins 1997 No. 83 s 21 Public Sector Ethics Act 1994 s 70 prev s 70 om 1993 No. 12 s 20(2) pres s 70 ins 1997 No. 83 s 21 Division 7—Starting up div 7 (ss 71–74) ins 1997 No. 83 s 21 Division 8—Dissolution div 8 (ss 75–76) ins 1997 No. 83 s 21 Division 9—Miscellaneous div 9 (ss 77–80) ins 1997 No. 83 s 21 PART 6—PARENTS AND CITIZENS ASSOCIATION Savings—established centres, hostels, colleges and institutions s 81A ins 1993 No. 32 s 3 sch 1 om 1994 No. 15 s 3 sch 1 Functions of an association s 84 amd 1995 No. 58 s 4 sch 1; 1997 No. 83 s 23 Manner of exercising power etc. s 85 orig s 85 om 1991 No. 23 s 20 sch prev s 85 ins 1997 No. 83 s 36 om R4 (see RA s 37) pres s 85 amd 1997 No. 83 s 24 Amendment of s. 2. Parts and Divisions s 86 prev s 86 om 1991 No. 23 s 20 sch Amendment of s. 4. Interpretation s 87 prev s 87 om 1991 No. 23 s 20 sch Vacancy of officers of association s 88 prev s 88 om 1991 No. 23 s 20 sch pres s 88 ins 1997 No. 83 s 25 Repeal of Division heading and ss. 10, 11, 12, 12A and 13 s 89 prev s 89 om 1991 No. 23 s 20 sch Repeal of ss. 14 to 22A both inclusive s 90 prev s 90 om 1991 No. 23 s 20 sch Amendment of s. 23A. Application of certain sections the State pre-school centres s 91 prev s 91 om 1991 No. 23 s 20 sch Repeal of Division headings and ss. 23B, 24, 25 and 26 s 92 prev s 92 om 1991 No. 23 s 20 sch Associations are statutory bodies s 93 prev s 93 om 1991 No. 23 s 20 sch pres s 93 sub 1996 No. 54 s 9 sch
183 Education (General Provisions) Act 1989 Financial year s 94 prev s 94 om 1991 No. 23 s 20 sch pres s 94 sub 1997 No. 83 s 26 Audit of association accounts s 95 prev s 95 om 1991 No. 23 s 20 sch pres s 95 amd 1994 No. 15 s 3 sch 1; 1995 No. 58 s 4 sch 1 Power to enter into agreements s 96 prev s 96 om 1991 No. 23 s 20 sch pres s 96 amd 1996 No. 65 s 52 sch 2; 1997 No. 83 s 27 President to sign agreements for an association s 97 prev s 97 om R1 (see RA s 40) pres s 97 amd 1995 No. 58 s 4 sch 1 Regulations to provide for membership s 98 prev s 98 om R1 (see RA s 40) pres s 98 sub 1997 No. 83 s 28 Repeal of Act No. 70 of 1987 s 99 prev s 99 om R1 (see RA s 40) Disclosure of interests by members of association s 106 ins 1997 No. 83 s 29 Honorary life membership of association s 107 ins 1997 No. 83 s 29 Division 9—Removal of member and officers of association div 9 (ss 108–113) ins 1997 No. 83 s 29 PART 6A—CURRICULUM MANAGEMENT pt hdg ins 1995 No. 20 s 5 om 1996 No. 65 s 52 sch 2 PART 7—COMPULSORY EDUCATION Compulsory schooling s 114 amd 1997 No. 83 s 30 sub 2003 No. 62 s 76 Flexible arrangements—non-State school s 114A ins 2003 No. 62 s 76 amd 2003 No. 62 s 87 Flexible arrangements—State educational institution s 114B ins 2003 No. 62 s 76 amd 2003 No. 62 s 88 Dispensation from compliance with compulsory enrolment and attendance provisions s 115 amd 1993 No. 32 s 3 sch 1; 1996 No. 64 s 7; 2001 No. 60 s 219 sch 2; 2003 No. 89 s 9A; 2003 No. 62 s 77; 2003 No. 62 s 89
184 Education (General Provisions) Act 1989 Application for dispensation from compliance with compulsory enrolment and attendance provisions s 116 amd 1995 No. 58 s 4 sch 1; 2003 No. 62 s 65 sch 1 Child’s suspension or exclusion s 116A ins 2003 No. 62 s 78 Child’s illness s 116B ins 2003 No. 62 s 78 Activities under Commonwealth law s 116C ins 2003 No. 62 s 90 Information notice and meeting prov hdg sub 2001 No. 60 s 218 sch 1 s 117 amd 1995 No. 20 s 3 sch 1; 2001 No. 60 s 218 sch 1 sub 2003 No. 62 No. 79 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84, 86) Penalty for noncompliance with compulsory education provisions s 118 amd 1994 No. 15 s 3 sch 1; 1995 No. 58 s 4 sch 1; 2000 No. 5 s 461 sch 3; 2001 No. 60 s 218 sch 1; 2003 No. 62 s 80 Employment of children of compulsory school age prov hdg amd 2003 No. 62 s 81(1) s 119 amd 1994 No. 87 s 3 sch 2; 1997 No. 83 s 31; 2003 No. 62 s 81(2)–(3); 2006 No. 2 s 41 PART 8—ALLOCATION OF STATE EDUCATION pt hdg amd 1993 No. 32 s 3 sch 1 sub 1997 No. 83 s 32 Division 1—Application and purpose of part div 1 (ss 120–121) ins 1997 No. 83 s 32 Division 2—Calculation of basic and remaining allocations div hdg ins 1997 No. 83 s 32 Calculation of allocation where student begins schooling at State educational institution s 122 ins 1997 No. 83 s 32 amd 1999 No. 81 s 25 Calculation of allocation if s 122(1) does not apply s 123 ins 1997 No. 83 s 32 amd 1999 No. 81 s 26; 2003 No. 62 s 82 Principal must consider remaining allocation for certain students s 124 ins 1997 No. 83 s 32 Notice to certain students about remaining allocation prov hdg sub 1999 No. 81 s 27(1) s 125 ins 1997 No. 83 s 32 amd 1999 No. 81 s 27(2)
185 Education (General Provisions) Act 1989 Other notices about allocation s 125A ins 1999 No. 81 s 28 Copy of notices under this part to be given to parent etc. s 125B ins 1999 No. 81 s 28 Division 3—Extra semesters may be granted by principals div hdg ins 1997 No. 83 s 32 Application for extra semesters if no remaining allocation s 126 ins 1997 No. 83 s 32 Principal must consider and decide application for extra semesters s 127 ins 1997 No. 83 s 32 amd 2003 No. 62 s 65 sch 1 Limitation on extra semesters granted by principals s 128 ins 1997 No. 83 s 32 Division 4—Submissions against principal’s decision div 4 (ss 129–130) ins 1997 No. 83 s 32 Division 5—Further semesters may be granted by chief executive div hdg ins 1997 No. 83 s 32 Application for further semesters if no remaining allocation and after extra semesters s 131 ins 1997 No. 83 s 32 Chief executive must consider and decide application for further semesters s 132 ins 1997 No. 83 s 32 amd 2003 No. 62 s 65 sch 1 Chief executive to give notice to principal if further semesters granted s 133 ins 1997 No. 83 s 32 Limitation on further semesters granted by chief executive s 134 ins 1997 No. 83 s 32 PART 8A—SCHOOLS IN RECEIPT OF SUBSIDY pt hdg ins 1999 No. 81 s 28A sub 2001 No. 60 s 218 sch 1 Division 1—Scholarships and allowances div hdg ins 2004 No. 44 s 25 Provision of scholarships and allowances s 134A prev s 134A ins 1999 No. 81 s 28A amd 2001 No. 60 s 219 sch 2 om 2001 No. 60 s 218 sch 1 pres s 134A (prev s 141) amd 1994 No. 15 s 3 sch 1; 1995 No. 58 s 4 sch 1; 2001 No. 60 ss 218, 219 schs 1, 2 renum and reloc 2001 No. 60 s 218 sch 1 amd 2004 No. 44 s 26 Division 2—Financial data div 2 (ss 134AB–134AE) ins 2004 No. 44 s 27
186 Education (General Provisions) Act 1989 Division 3—Giving of allowance acquittal details div hdg ins 2004 No. 44 s 27 Allowance acquittal details s 134B ins 1999 No. 81 s 28A amd 2001 No. 60 s 219 sch 2 sub 2001 No. 60 s 218 sch 1 Annual report s 134C ins 2001 No. 60 s 218 sch 1 Show cause notice s 134D ins 2001 No. 60 s 218 sch 1 Representations about show cause notice s 134E ins 2001 No. 60 s 218 sch 1 Ending show cause process without further action s 134F ins 2001 No. 60 s 218 sch 1 Recommendation by board s 134G ins 2001 No. 60 s 218 sch 1 Decision of Minister s 134H ins 2001 No. 60 s 218 sch 1 Minister’s discretion not limited s 134I ins 2001 No. 60 s 218 sch 1 PART 9—VARIOUS GENERAL PROVISIONS pt hdg orig pt 9 hdg om 1991 No. 23 s 20 sch prev pt 9 hdg om 1993 No. 12 s 20(2) pres pt 9 hdg ins 1997 No. 83 s 32 Formation of and participation in corporations etc. prov hdg amd 1993 No. 32 s 3 sch 1 s 135 amd 1993 No. 32 s 3 sch 1 Corporations and partnerships to furnish returns etc. prov hdg amd 1993 No. 32 s 3 sch 1 s 137 amd 1993 No. 32 s 3 sch 1 Audit requirements s 138 amd 1993 No. 32 s 3 sch 1 sub 1994 No. 15 s 3 sch 1 Restrictions on receiving etc. any wage, salary, fee etc. s 139 amd 1993 No. 32 s 3 sch 1; 1995 No. 58 s 4 sch 1 Provision for student hostels s 142 amd 2001 No. 60 s 218 sch 1; 2003 No. 72 s 30 (retro) Transportation assistance for students with disabilities s 142A ins 2003 No. 72 s 31 (retro) Grants to other entities s 142B ins 2003 No. 62 s 83
187 Education (General Provisions) Act 1989 Inspection of places etc. prov hdg amd 2001 No. 60 s 218 sch 1 s 143 amd 2001 No. 60 s 218 sch 1 Restriction on establishment of places for teaching overseas curriculum s 144 sub 1993 No. 32 s 3 sch 1 amd 1994 No. 15 s 3 sch 1; 2002 No. 75 s 36 Restriction on overseas persons receiving instruction s 145 sub 1993 No. 32 s 3 sch 1 amd 1994 No. 15 s 3 sch 1 om 1996 No. 71 s 37 Forming or establishing associations, trusts and other arrangements s 146 amd 1994 No. 15 s 3 sch 1; 1996 No. 54 s 9 sch Obligation to report sexual abuse of student under 18 years attending State school s 146A ins 2003 No. 88 s 14 Obligation to report sexual abuse of student under 18 years attending non-State school s 146B ins 2003 No. 88 s 14 PART 10—APPEALS AND MISCELLANEOUS MATTERS pt hdg orig pt 10 hdg om 1991 No. 23 s 20 sch prev pt 10 hdg om 1997 No. 83 s 33 pres pt 10 hdg ins 1997 No. 83 s 34 Division 1AA—Appeals against directions under section 48F or 48O div 1AA (ss 146C–146G) ins 2003 No. 89 s 10 Division 1—Appeals against decisions under section 113, 130 or 132 div hdg ins 1997 No. 83 s 34 amd 2003 No. 89 s 11 div 1 (ss 147–148) ins 1997 No. 83 s 34 Division 2—Miscellaneous matters div hdg ins 1997 No. 83 s 34 Delegation by chief executive s 149 ins 1991 No. 97 s 3 sch 1 sub 1996 No. 64 s 8 amd 2003 No. 89 s 12 Evidentiary provisions s 150 (prev s 84) amd 1993 No. 32 s 3 sch 1 renum 1994 No. 15 s 3 sch 1 amd 1997 No. 83 s 34A Allegation of false or misleading information or document s 150A ins 2004 No. 44 s 28 Approval of forms s 151 ins 1995 No. 58 s 4 sch 1
188 Education (General Provisions) Act 1989 Regulation-making power prov hdg sub 1995 No. 58 s 4 sch 1 s 152 sub 1993 No. 32 s 3 sch 1 amd 1995 No. 20 s 6; 1995 No. 58 s 4 sch 1; 1996 No. 65 s 52 sch 2; 1997 No. 83 s 35; 2005 No. 65 s 24 PART 11—TRANSITIONAL PROVISIONS pt hdg prev pt 11 hdg om R1 (see RA s 40) pres pt 11 hdg ins 1994 No. 87 s 3 sch 2 Division 1—Transitional provisions before Education and Other Legislation Amendment Act 1999 div hdg ins 1999 No. 81 s 29 References to Education Act 1964 s 153 prev s 153 om 1994 No. 15 s 3 sch 1 pres s 153 ins 1994 No. 87 s 3 sch 2 Transitional provision about existing dispensations compulsory enrolment and attendance provisions s 154 orig 154 om 1993 No. 32 s 3 sch 1 prev s 154 ins 1995 No. 58 s 4 sch 1 exp 28 May 1996 pres s 154 ins 1996 No. 64 s 9 exp 31 December 1999 (see s 154(4)) from compliance with Transitional provision about existing delegations s 155 prev s 155 om 1994 No. 15 s 3 sch 1 pres s 155 ins 1996 No. 64 s 9 exp 7 April 1998 (see s 155(3)) Existing resolutions of associations about financial year s 156 prev s 156 om 1994 No. 15 s 3 sch 1 pres s 156 ins 1997 No. 83 s 36 Removal of officers or members of association s 157 prev s 157 om 1994 No. 15 s 3 sch 1 pres s 157 ins 1997 No. 83 s 36 Division 2—Transitional and validation provisions for Education and Other Legislation Amendment Act 1999 div hdg ins 1999 No. 81 s 30 Transitional provision about existing elected members of school councils s 158 ins 1997 No. 83 s 36 sub 1999 No. 81 s 30 Transitional provision about guidelines s 159 ins 1999 No. 81 s 30 Validation of certain decisions made by Minister s 160 ins 1999 No. 81 s 30 Validation of conditions imposed on non-State school s 161 ins 1999 No. 81 s 30
189 Education (General Provisions) Act 1989 Division 3—Transitional and validation provisions for Education (Accreditation of Non-State Schools) Act 2001 div 3 (ss 162–166) ins 2001 No. 60 s 219 sch 2 Division 4—Transitional provisions for Youth Participation in Education and Training Act 2003 div 4 (ss 166A–166D) ins 2003 No. 62 s 84 Compulsory school age s 166E ins 2003 No. 62 s 91 (amd 2005 No. 65 s 15) Division 5—Transitional provisions for Education Legislation Amendment Act 2004 div 5 (ss 166F–166J) ins 2004 No. 44 s 29 PART 12—TRANSITIONAL PROVISION FOR COMPULSORY EDUCATION pt hdg ins 2002 No. 75 s 37 Transitional provision for compulsory education s 167 ins 2002 No. 75 s 37 amd 2003 No. 62 s 65 sch 1 PART 13—VALIDATION PROVISIONS DISPENSATION pt 13 (ss 168–170) ins 2003 No. 89 s 13 FOR HOME SCHOOLING PART 14—DECLARATORY PROVISION FOR CHILD EMPLOYMENT ACT 2006 pt 14 (s 171) ins 2006 No. 2 s 42 8 List of forms notified or published in the gazette (The following information about forms is taken from the gazette. Because failure to notify or publish a form in the gazette does not invalidate the form, it may be necessary to check with the relevant government department for the latest information about forms (see SIA s 58(8)).) Form 51 Version 2—Home Schooling Dispensation Form pubd gaz 24 December 2004 p 1349 Form 52 Version 1—Accident Report pubd gaz 28 June 1996 p 1161 Form 53 Version 1—Overseas Student Application pubd gaz 28 June 1996 p 1161 Form 54 Version 1—Compulsory Attendance pubd gaz 28 June 1996 p 1161 Form 55 Version 1—Transfer of Student pubd gaz 28 June 1996 p 1161
190 Education (General Provisions) Act 1989 Form 56 Version 1—Textbook and Resource Allowance (Non State Secondary Schools) pubd gaz 28 June 1996 p 1161 Form 57 Version 1—Textbook and Resource Allowance (State Secondary Schools/Secondary Departments) pubd gaz 28 June 1996 p 1161 Form 58 Version 1—Living Away From Home Allowance pubd gaz 28 June 1996 p 1161 Form FDC Version 1—Queensland Non-State Schools Financial Data Collection pub gaz 10 June 2005 p 497 Form MAS-1 Version 1—Disclosure of Criminal History pubd gaz 18 February 2005 p 592 Form MAS-2 Version 1—Mature Age Student Notice Application pubd gaz 18 February 2005 p 592 9 Table of renumbered provisions under the Reprints Act 1992 s 43 as required by the Education (General Provisions) Act 1989 s 85 [Reprint No. 4] Previous Renumbered as 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 3(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2(3) 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 3C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 19(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20(2) 19(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20(3) 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22
191 Education (General Provisions) Act 1989 Previous Renumbered as 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 30(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26(3) 30(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26(4) 30(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26(5) 30(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26(6) pt 3A hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 4 hdg 30A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 30B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 30C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 30D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 30E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 30F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 30G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 30H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 30I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 30J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 30K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 30L. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 30M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 30N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40 30O . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 30P. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 30Q . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 30R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 30S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 30T. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46 30U . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47 30V . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48 pt 3B hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 5 hdg 30W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49 30X . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50 30Y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51 30Z. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52 30ZA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53 30ZB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54 30ZC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55 30ZD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56 30ZE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57 30ZF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58 30ZG . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59 30ZH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .60 30ZI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61 30ZJ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .62 30ZK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63 30ZL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .64
192 Education (General Provisions) Act 1989 Previous Renumbered as 30ZM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65 30ZN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66 30ZO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .67 30ZP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .68 30ZQ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69 30ZR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .70 30ZS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .71 30ZT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .72 30ZU . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .73 30ZV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .74 30ZW. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .75 30ZX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .76 30ZY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .77 30ZZ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .78 30ZZA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .79 30ZZB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .80 pt 4 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 6 hdg 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .81 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .82 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .83 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .84 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .85 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .86 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .87 39A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .88 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .89 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .90 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .91 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .92 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .93 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .94 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .95 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .96 47(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .96(3) 47(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .96(4) 47(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .96(5) 47(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .96(6) 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .97 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .98 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .99 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .100 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .103 54(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .103(2) 54(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .103(3) 54(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .103(4) 54(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .103(5)
193 Education (General Provisions) Act 1989 Previous Renumbered as 54(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .103(6) 54(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .103(7) 54(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .103(8) 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .104 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .105 56A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .106 56B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .107 56C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .108 56D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .109 56E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .110 56F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .111 56G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .112 56H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .113 pt 5 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 7 hdg 57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .114 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .115 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .116 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .117 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .118 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .119 pt 6 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 8 hdg 62A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .120 62B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .121 62C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .122 62D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .123 62E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .124 62F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .125 62G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .126 62H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .127 62I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .128 62J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .129 62K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .130 62L. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .131 62M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .132 62N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .133 62O . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .134 pt 7 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 9 hdg 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .135 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .136 65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .137 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .138 67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .139 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .140 72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .141 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .142 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .143 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .144 75(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .144(4)
194 Education (General Provisions) Act 1989 Previous Renumbered as 75(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .144(5) 75(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .144(6) 75(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .144(7) 75(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .144(8) 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .145 77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .146 pt 8 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 10 hdg 77AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .147 77AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .148 77A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .149 77B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .150 77C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .151 78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .152 pt 9 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 11 hdg 79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .153 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .154 81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .155 82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .156 83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .157 84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .158 141 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .134A 10 Information about retrospectivity Retrospective amendments that have been consolidated are noted in the list of legislation and list of annotations. Any retrospective amendment that has not been consolidated is noted in footnotes to the text. © State of Queensland 2006