QueenslandEducation
(General Provisions) Act 1989EDUCATION(GENERALPROVISIONS)REGULATION1989Reprinted as in force on 13 December
1999(includes amendments up to SL No. 318 of
1999)Reprint No. 5CThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
regulation is reprinted as at 13 December 1999.The reprint shows
the law asamendedbyallamendmentsthatcommencedonorbeforethatday(ReprintsAct1992 s
5(c)).Thereprintincludesareferencetothelawbywhicheachamendmentwasmade—see list of legislation and list of
annotations in endnotes.Thispageisspecifictothisreprint.SeepreviousreprintsforinformationaboutearlierchangesmadeundertheReprintsAct1992.Atableofearlierreprintsisincluded in the endnotes.Also
see endnotes for information about—•when
provisions commenced•editorial changes made in earlier
reprints.
s15s2Education (General Provisions)
Regulation1989EDUCATION (GENERAL PROVISIONS)REGULATION 1989[as amended by all
amendments that commenced on or before 13 December 1999]†PART 1—PRELIMINARY˙Short
title1.This regulation may be cited as
theEducation(GeneralProvisions)Regulation
1989.˙Definitions2.In this regulation—“accreditedrepresentative”meansarepresentativeofareligiousdenomination
which representative has been approved by the Ministerpursuant to section 26(1) of the Act, for
the purpose of giving religiousinstruction.“agriculturalcollege”means an
agricultural college under theAgriculturalColleges Act
1994.“auditor”for a parents
and citizens association, means a person appointedundertheFinancialAdministrationandAuditRegulation1995,section 3.1“authorised officer”means an officer
or an officer of the class of officersauthorised by
the Minister pursuant to section 20 of the Act to givepermission for the use of a State
educational institution.“chief executive (transport)”means the chief executive of the
departmentin which theTransportOperations(PassengerTransport)Act1994is
administered.1Section3(ExemptionofparentsandcitizensassociationsfromauditbyAuditor-General—Act, s 74)
s36s3Education (General Provisions)
Regulation1989“permitted user”means the person
to whom a permission to use a Stateeducational
institution has been given pursuant to section 20 of the
Act.“school council”, for a State
school, means the school council establishedunder section
502of the Act for the school.“school in receipt of subsidy”see
the Act, section 141.3“social
function”means an event or occasion—(a)towhichpersonsareinvitedbyoronbehalfoftheproposedpermitted user; and(b)thathappensonthepremisesofaStateeducationalinstitutionhired for the
purpose by the proposed permitted user.“specialeducationunit”meansthatpartofaStateschoolorStatepreschool centre
at which special education is provided by the State.˙Chief executive may issue directions
and guidelines3.Where in this regulation any function,
responsibility, power, authorityordutyisconferredorimposedupontheprincipalofaStateschool,ateacher in a State school or other
person whomsoever—(a)the chief executive may issue
directions and guidelines in respectthereof;
and(b)everyprincipal,teacherandotherperson,intheexerciseorperformance thereof, shall observe and
comply with the relevantdirection or guidelines in every
respect.2Section 50 (Establishment)3Section 141 (Provision of scholarships
and allowances)
s47s5Education (General Provisions)
Regulation1989†PART 2—SCHOOL
MANAGEMENT˙Management of school4.(1)The principal of
a State school shall be the person in charge of thatState
school and shall be responsible for the general management of
theschool.(2)Withoutlimitingsubsection(1),theprincipalhasthefollowingresponsibilities—(a)promotingeducationalpracticesattheschoolthatleadtotheimprovement of
student learning outcomes;(b)managing the
school in a way that promotes—(i)effective,efficientandappropriatemanagementofpublicresources;
and(ii)a safe,
supportive and productive learning environment;(c)providingfortheeffectiveadministrationofmattersaboutthestudents at the school;(d)promoting organisational and staffing
structures at the school thatencourage
skilled, confident and responsible members of staff;(e)promotingcontinuousevaluationandimprovementoftheschool’s operations and delivery of
services.˙Management of staff5.The
principal of a State school shall—(a)regulate, apportion and supervise the work
of each member of thestaff of the school;(b)forthwithreporttothechiefexecutiveanymisconduct,incompetence or
insubordination on the part of a member of thestaff of the
school.
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68s 10Education (General
Provisions) Regulation1989˙Work
of teaching staff outside period allocated for instruction6.The principal of a State school may
require a member of the teachingstaff of the
school to perform school work or to supervise the activities
ofstudents outside the period allocated for
instruction on a school day as theprincipal deems
necessary in the circumstances.˙Teaching in schools7.(1)TheprincipalofaStateschoolshallencouragetheuseofappropriateteachingtechniquesandensurethatrelevantinformationisdisseminated to each member of the teaching
staff of the school.(2)AteacherofaStateschoolshallperformsuchdutiesasmaybeallotted to the
teacher by the principal.(3)AteacherofaStateschoolshalltakeanactiveinterestinextracurricular activities.(4)A teacher of a State school shall
engage in a range of professionaldevelopment
activities.˙Charge of school in temporary absence
of principal8.In the absence of the principal of a
State school, the senior teacher onduty or such
other member of staff who is nominated by the principal’ssupervisormustassumethedutiesandresponsibilitiesoftheprincipalduring such
absence until otherwise directed by the chief executive.˙Attendance at staff meetings9.TheprincipalofaStateschoolmayfromtimetotimerequiremembersofthestaffoftheschooltoattendastaffmeetingoutsidetheperiod allocated for instruction of students
on a school day.˙Reports on students in State
schools10.(1)Thechiefexecutiveshallprepareorcausetobepreparedandissued to eligible applicants reports in
respect of students in State schools—
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119s 11Education (General
Provisions) Regulation1989(a)for
the purposes of litigation; or(b)forthepurposeofsupportingstudentswhoarecandidatesincompetitions; or(c)for
the purpose of providing background on students for mediapurposes; or(d)for
any other purpose, but not being reports made periodicallyandinthenormalcourseofschooladministrationmadetoparents relating to results and
progress of students.(2)For the purposes
of this section—“eligible applicant”is a person who
satisfies the chief executive that—(a)the
person has or, where the applicant is a professional personmaking application for a fee-paying client,
that the client has, asufficient interest in the subject
matter of the proposed report;(b)it
is appropriate in all the circumstances that the proposed
reportshould be prepared and issued to the
person.(3)Thefeespayableinrespectofreportspreparedpursuanttosubsection (1) are—(a)for
a report of 1 000 words or less—$75;(b)forareportofmorethan1000wordsbutlessthan2
000 words—$100;(c)for a report of 2 000 words or
more—$150.˙Courses for overseas students11.(1)An overseas
student or intending overseas student may apply tothe
chief executive to enrol in an approved course in a State
school.(2)ApersonwhodoesnotliveinAustraliamayapplytothechiefexecutive to
enrol in an approved course in a State educational
institutionoffering distance education.(3)An application under subsection (1) or
(2) must be—(a)made in the approved form;
and
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1210s 13Education (General
Provisions) Regulation1989(b)accompanied by the fee for the course fixed
by the chief executiveundertheFinancialAdministrationandAuditAct1977,section 36(2).(4)The
chief executive may grant the application if the chief executive
issatisfied the person—(a)is
fully financially supported; and(b)is
academically qualified to be enrolled; and(c)has
an adequate standard of English; and(d)is
of good health; and(e)hasadequatearrangementsforaccommodation,welfareandsupervision.(5)In
this section—“approved course”means—(a)aregisteredcoursewithinthemeaningoftheEducation(Overseas
Students) Act 1996; or(b)acourseofprimaryorsecondaryeducationapprovedbytheMinister for this section.“intending overseas student”means a person who intends to become
anoverseas student.“overseas
student”means a person who holds a student visa
issued undertheMigration Act 1958(Cwlth).˙Student vacations12.Student vacations to be observed in a State
school shall be those daysas approved from time to time by the
Minister and published on calendarsin the Education
Office Gazette.˙Additional holidays13.AdditionalholidayswhichshallbeobservedinaStateschoolinclude—
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1411s 15AEducation (General
Provisions) Regulation1989(a)the
holiday appointed annually for 1 local show or carnival; and(b)holidaysgrantedbytheGovernor-General,theGovernor,thePremier,theMinisterforEducation,andotherMinisters—however,aholidaygrantedtoaStateschoolinaccordancewiththeprovisionsofthisparagraphshallbeobserved only by the students of such
school; and(c)public holidays notified pursuant to
theHolidays Act 1983.˙Tuckshops—prohibited items14.(1)Thechiefexecutivemay,bynoticeintheEducationOfficeGazette, prohibit an item, or class of item,
from being sold in a tuckshop.(2)In
deciding whether to prohibit an item or class of item, the
chiefexecutive must have regard to the safety and
wellbeing of students.(3)A school’s
principal or association must not sell a prohibited item, oran
item of a prohibited class, in the school’s tuckshop.(4)In this section—“prohibit”means prohibit under subsection (1).“sell”includes offer
for sale.“tuckshop”meansatuckshopinaschooloperatedbytheschool’sprincipal or association.˙Circumstances in which school councils
to be dissolved—Act, s 7515.Sections15Ato15Dprescribecircumstancesinwhichaschoolcouncil is
dissolved under section 75(1)(b)4of
the Act.˙Non-compliance with direction15A.A school council
is dissolved if the school council does not complywith
a direction given to it under section 795of
the Act.4Section 75 (Dissolution of school
council)5Section 79 (Minister’s power to give
directions in the public interest)
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15B12Education (General Provisions)
Regulation1989s 15C˙Dissolution by chief executive15B.By notice in the
Education Office gazette, the chief executive maydissolve a school council if the chief
executive reasonably considers—(a)the
school council is not satisfactorily fulfilling its
functions;6or(b)the
school community generally supports the dissolution of theschool council.˙Chief
executive to consult15C.(1)Before the chief
executive may dissolve a school council undersection 15B, the
chief executive must comply with this section.(2)Thechiefexecutivemustconsultwiththefollowingabouttheproposed dissolution—(a)the school council;(b)the school’s principal;(c)the school’s staff;(d)if there is a parents and citizens
association for the school—theassociation;(e)iftheschoolhassecondaryeducationstudents—thesecondaryeducation students;(f)any
other entities the chief executive considers have an interest
inthe school council or its
dissolution.(3)The chief executive must publish, in a
newsletter given to the schoolcommunity, a
notice stating—(a)the chief executive is considering
dissolving the school council;and(b)the reasons for the proposed
dissolution; and(c)how submissions about the proposed
dissolution may be made tothe chief executive, including joint
submissions; and6Section 52 sets out the functions of a
school council.
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15D13Education (General Provisions)
Regulation1989s 15D(d)the
date, at least 28 days after the notice is published, by
whichsubmissionsabouttheproposalmaybegiventothechiefexecutive.(4)Before making a decision about dissolving a
school council, the chiefexecutive must have regard to the
consultations and the submissions thechief executive
receives.(5)For subsection (2), the chief
executive may consult in any way thatthechiefexecutiveconsidersappropriate,including,forexample,byholding a formal meeting.˙Minister to review decision to dissolve
school council15D.(1)This section
applies to a person (an“aggrieved person”) whomadeasubmissionaboutaproposaltodissolveaschoolcouncilinaccordance with a notice under section
15C(3).(2)If the chief executive decides to
dissolve the council, the aggrievedperson may ask
the Minister to review the chief executive’s decision.(3)The aggrieved person must give the
Minister a written notice statingthegroundsforthereviewwithin28daysafternoticeoftheschoolcouncil’s
dissolution is published in the Education Office gazette.(4)The Minister must, as soon as
practicable—(a)review the chief executive’s decision
and consider the grounds forthe review;
and(b)decide to affirm or set aside the
chief executive’s decision; and(c)give
written notice to the aggrieved person about the Minister’sdecision and the reasons for it.(5)If the Minister sets aside the chief
executive’s decision—(a)the Minister
must, as soon as practicable, publish a notice in theEducation Office gazette stating that the
decision to dissolve thecouncil has been set aside; and(b)the council is taken not to have been
dissolved.
s
1614s 18Education (General
Provisions) Regulation1989†PART
3—PROPERTY MANAGEMENT˙Permission to use
State educational institutions16.(1)ApersonmayapplyforpermissiontouseaStateeducationalinstitution to
either of the following—(a)the
Minister;(b)an authorised officer.(2)If the applicant wants to use the
State educational institution for asocial function
during which liquor is to be consumed, the applicant mustalso
obtain the written approval of the Minister or the authorised
officer,under section 17, to take liquor onto the
premises.˙Approval for liquor to be taken onto
premises of a State educationalinstitution17.(1)AproposedpermittedusermayapplytotheMinisteroranauthorised officer for approval for
liquor to be taken onto the premises of aState educational
institution.(2)The application must be in
writing.(3)IftheMinisterorauthorisedofficerdecidestoapprovetheapplication,theMinisterorauthorisedofficermustpromptlygivetheapplicant written notice of the
approval.˙Agreement of parents and citizens
association18.(1)This section
applies if—(a)an application to take liquor onto
premises relates to premises thatare a State
school; and(b)the school has a parents and citizens
association.(2)The Minister or authorised officer may
approve the application only ifthe parents and
citizens association has agreed to—(a)the
social function being held on the premises; and
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1915s 20Education (General
Provisions) Regulation1989(b)liquor being taken onto the premises;
and(c)any proposed conditions of
approval.˙Dry area under local community
law19.(1)In this
section—“community area”has the meaning
given by theLiquor Act 1992.“council”has the meaning
given by theLiquor Act 1992.(2)The Minister or authorised officer
must not approve an application totake liquor onto
premises if—(a)under theLiquor Act
1992, section 191(2), a council has
declaredits community area or a part of its
community area as a dry area;and(b)the premises are in the area or part
declared as a dry area.˙Controlled place
or dry place under law council declaration20.(1)In
this section—“controlled place”seeLocalGovernment(AboriginalLands)Act1978,section 42.“dryplace”seeLocalGovernment(AboriginalLands)Act1978,section 42.“lawcouncil”seeLocalGovernment(AboriginalLands)Act1978,section 42.“publicplace”seeLocalGovernment(AboriginalLands)Act1978,section 42.(2)The
Minister or authorised officer must not approve an application
totake liquor onto premises if—(a)undertheLocalGovernment(AboriginalLands)Act1978,section 58, the law council has declared a
public place to be a dryplace; and(b)the
premises are part of the public place.
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2116s 23Education (General
Provisions) Regulation1989(3)If
the law council has declared a public place to be a controlled
place,the Minister or authorised officer may only
approve an application to takeliquorontopremisesthatarepartofthepublicplaceiftheapproval(including the conditions of the approval) is
consistent with—(a)thedirectionsaboutthepossessionorconsumptionofalcoholincludedinthedeclarationofthepublicplaceasacontrolledplace;
and(b)anypermitunderwhichthepossessionorconsumptionofalcohol on the controlled place is
authorised.˙Distribution of written material in
State educational institutions21.A
person shall not distribute any form of written material in a
Stateeducational institution unless the person has
been given permission to do soby the principal
or other person in charge or an authorised officer.Maximum penalty—10 penalty units.˙Care of property22.TheprincipalorotherpersoninchargeofaStateeducationalinstitution or
any teacher shall exercise due supervision over the care andconditionsofthepremisesandequipmentofsuchStateeducationalinstitution, and
shall make arrangements for the care of such premises andequipment by another teacher or officer
during his or her absence.†PART 4—RELIGIOUS
INSTRUCTION˙Application for approval of
representative23.(1)Anapplicationforanaccreditedrepresentativeofareligiousdenomination to
be approved pursuant to section 26(1) of the Act shall bemade
in writing.(2)An accredited representative, when
requested by the principal of a
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2417s 27Education (General
Provisions) Regulation1989Stateschool,shallproducetotheprincipaltheapprovalgivenundersection 26(1) of
the Act.˙Authorised religious instruction24.A minister of religion or an
accredited representative shall give onlysuchreligiousinstructionasisauthorisedbythereligioussocietyordenomination the minister or accredited
representative represents.˙Appointment of day
of religious instruction25.(1)The principal of
a State school shall appoint a day on which ineach week
religious instruction shall be given.(2)The
principal must provide for a period of not less than 30
minutesand not more than 45 minutes, between 8.00
a.m. and 4.00 p.m. on the dayappointed under
subsection (1), for a minister of religion or an accreditedrepresentative to give religious
instruction.˙Students to attend religious
instruction26.(1)The principal of
a State school shall not permit a student to attendreligiousinstructiongivenbyaministerofreligionoranaccreditedrepresentative
who represents a religious society or denomination differentfrom
that of which the student is a member, unless the parent has
givenwritten consent.(2)However, students may attend classes
arranged for students of morethan1denominationbyagreementoftheministersofthereligiousdenominations
concerned.˙Bringing and leaving sectarian
publications on State school premises27.(1)ApersonotherthanaministerofreligionoranaccreditedrepresentativeshallnotbringoruseuponStateschoolpremisesanysectarian or denominational
publications.(2)A minister of religion or an
accredited representative shall not leaveuponStateschoolpremisesanysectarianordenominationalpublication
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2818s 31Education (General
Provisions) Regulation1989used by the
minister or accredited representative for the purpose of
givingreligious instruction.˙Students withdrawn from religious
instruction28.The principal of a State school shall
arrange for a student who hasbeenwithdrawnfromallreligiousinstructionbythestudent’sparenttoreceive other instruction in a separate
location during the period provided forreligious
instruction.˙Register of ministers and accredited
representatives29.The principal of a State school shall
keep a register of the ministers ofreligion or
accredited representatives who attend the school and the
datesand time of attendance.˙Selected Bible lessons30.The
principal of a State primary or State special school may provide
aperiod of one half hour per week for
religious instruction in selected Biblelessons from a
separate reading book provided by the department for suchpurpose.†PART
5—STUDENT ADMINISTRATION˙Leave of
absence31.(1)The principal of
a State school must—(a)bringtotheattentionofaparentofastudentthecontinuedabsence from
school of the student; and(b)ask the parent
to explain the reason for the continued absence.(2)If a parent desires that his or her
child should receive medical ordental treatment
during a school day, the principal shall grant such studentleave
of absence for that purpose.
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3219s 32Education (General
Provisions) Regulation1989(3)The
principal of a State school may grant a student leave of
absenceduring a school day for such student to
receive specialised instruction.˙Compulsory attendance32.(1)At
the end of each month, the principal of a State school or anon-State school shall compile, in duplicate,
in the approved form, a list ofthe names of all
children of the age of compulsory attendance—(a)wholivelessthan16kmfrom,andlessthan4.5kmfromaschool transport service to, the
school; and(b)who are enrolled at that school;
and(c)who have not attended the school for
all the school days in themonth,fortheprogramofinstructionforwhichtheyareeachenrolled;
and(d)forwhomthereisnodispensationorprovisionaldispensationgrantedundersection1157oftheActforthedaysofnon-attendance.(2)The
principal must—(a)promptly forward a copy of the list to
the police officer in chargeof the local
police station; and(b)keep a record of the information
stated in the list.(3)The principal of a State school or
non-State school shall cooperatewiththosetowhomisentrustedtheenforcementofthecompulsoryattendance
provisions of the Act and shall make available any
informationso required.(4)In
this section—7Section115(Dispensationfromcompliancewithcompulsoryenrolmentandattendance provisions)
s
3320s 34Education (General
Provisions) Regulation1989“school transport
service”has the meaning given in section 115(6) of
theAct.8˙Enrolment requirements33.(1)The principal of
a State primary school may enrol a child who isunder 6 years of
age at that school at the beginning of a school year wheresuch
child attains the age of 5 years on or before 31 December in the
yearprior to enrolment.(2)The
principal of a State primary school may enrol a child who is
ofan age less than that prescribed in
subsection (1) in circumstances where theprincipal’ssupervisorissatisfiedthatthechildwouldbedisadvantagededucationally by
not being enrolled in a State primary school.(3)The
principal of a State preschool centre may enrol a child at
thatcentre where such child attains the age of 4
years on or before 31 Decemberin the year prior
to enrolment.(4)The principal of a State preschool
centre may enrol a child who is ofan age less than
that prescribed in subsection (3) in circumstances where itisdemonstratedthatthechildhasbeenenrolledinaformaleducationprograminanotherStateorcountryandtheprincipal’ssupervisorissatisfied that the child would be
disadvantaged educationally by not beingenrolled in a
State preschool centre.(5)A parent of a
child, upon request by the principal of a State school,shall
produce to the principal documentary evidence of the date of birth
ofhis or her child.˙Transfer of student34.(1)If a
parent desires to transfer his or her child’s enrolment fromone
State school to another, the parent shall make application in
writing tothe principal of the school in which the
child is enrolled stating the name of8Section 115(6) of the Act provides
that“school transport service”means—(a)aschooltransportserviceapprovedbythechiefexecutiveofthedepartment that deals with matters
arising under theTransport Operations(Passenger
Transport) Act 1994; or(b)a public
transport service.
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3521s 35Education (General
Provisions) Regulation1989the State school
to which the transfer of enrolment is sought.(2)Aprincipal,uponthereceiptofanapplicationpursuanttosubsection (1), shall—(a)issue a transfer in duplicate in the
approved form; and(b)deliver the original thereof to the
student which original shall beretained by the
student and presented to the principal of the Stateschool to which the student is transferred;
and(c)forward the duplicate copy thereof to
the principal of the Stateschool to which the student is
transferred; and(d)keep a record of the information
stated in the transfer.(3)This section
shall not apply to a student transferring from a Statepreschool centre to another State preschool
centre, from a State preschoolcentre to a State
primary school and from a State primary school to a Statesecondary school.˙Transfer of student records35.(1)Before the close
of a school year, the principal of a primary schoolshall
forward to the receiving State secondary school all records
relating tostudents of that school who will transfer to
such State secondary school inthe ensuing
school year.(2)TheprincipalofaStateprimaryschoolshallretaintherecordsrelatingtostudentsofthatschooltransferringtoanon-Statesecondaryschool.(3)TheprincipalofaStateprimaryschool,uponrequestfromtheprincipalofanon-Statesecondaryschool,shallforwardacopyoftherecords of students transferring to
that non-State secondary school.(4)If
the principal of a State secondary school receives records relating
toa student who has not been enrolled thereat
the principal shall return suchrecords without
delay to the principal of the primary school concerned.(5)The principal of a State primary
school shall keep records pertainingto past students
which are retained by the school for a period of not lessthan
10 years after which time such records may be
destroyed.
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3622s 38Education (General
Provisions) Regulation1989(6)The
principal of a State secondary school shall retain and keep
safethose records pertaining to past students of
the school for a period of notless than 5 years
after which time such records may be destroyed.(7)The
principal of a State special school shall retain and keep safe
thoserecords pertaining to past students of the
school for such period as the chiefexecutive shall
determine after which time such records may be destroyed.(8)AprincipalofaStateprimaryorsecondaryschool,uponrequestfromtheprincipalofanon-Stateprimaryorsecondaryschool,shallforwardtothatprincipalacopyoftherecordsofastudentenrolledorpreviously enrolled in that State
primary or secondary school and enrolledor intending to
enrol in the non-State primary or secondary school as thecase
may be.(9)If the principal of a non-State
primary or secondary school receivesrecordsrelatingtoastudentwhoisnot,orisnotlikelytobe,enrolledthereat, the principal shall return such
records without delay to the principalof the State
primary or secondary school concerned.˙Progress and good behaviour of
students36.The principal of a State school shall
be responsible for the progressand good
behaviour of a student whilst such student is under the
principal’scare and control and the principal shall make
arrangements for the effectivesupervisionofthestudentsduringsuchtimesandforstaffteacherstoassume duty as required for this
purpose.˙Home study37.A
teacher of a State school may require a student to undertake
homestudy which may occupy such amount of time as
the principal of the schoolmay decide is
reasonable in the circumstances.˙Detention of students38.A
student at a State school may be detained for a period of not
morethan—(a)20
minutes during the midday recess; or
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3923s 40Education (General
Provisions) Regulation1989(b)one
half hour after the period allocated for school day routine;aspunishmentfordisobedience,misconduct,wilfulneglecttopreparehome tasks or for
other breaches of school discipline.˙Hours
during which child of age of compulsory attendance not to beemployed—Act, s 11939.For
section 119(1)9of the Act, the hours prescribed for
attendance atschool of a child of the age of compulsory
attendance are from 8.00 a.m. to4.00 p.m. on a
school day for the school at which the child is enrolled.†PART 6—PARENTS AND CITIZENS
ASSOCIATIONS˙Formation of an association40.(1)The principal of
a State school shall call a meeting of parents andcitizens to consider the formation of a
parents and citizens association forsuch State school
and if the persons present at such meeting decide that anassociation should be formed it shall be
formed accordingly by the election,from among such
persons, of the officers specified in section 87 of the Act.(2)The procedure for the formation of an
association as prescribed bysubsection(1)appliesonlywhenaninterimassociationhasnotbeenformed.(3)Aninterimassociationshallbeformedinthesamemannerasprescribed in subsection (1), except
that the meeting for that purpose shallbe called by the
principal’s supervisor.9Section 119(1)
states—‘A parent shall not employ or cause or
permit to be employed during the hoursprescribedunderaregulationforattendanceatschooltheparent’schildwhoisof the age of
compulsory attendance unless there is in existence at the
materialtime,inrespectofthatchild,adispensationgrantedinaccordancewithsection 115(1).Maximum penalty—5
penalty units.’
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4124s 43Education (General
Provisions) Regulation1989(4)An
interim association shall be subject to all provisions of this
partexcept or as otherwise prescribed.˙Name of an association41.An association formed pursuant to
section 81 or 82 of the Act shallbeknownbythenamethe(nameofschool)ParentsandCitizensAssociation or
the (name of proposed school) Interim Parents and CitizensAssociation as the case may be.˙Activities of an association42.(1)An association
may organise and conduct such activities as areapproved by the
chief executive and may seek voluntary contributions fromparentsandcitizens,suchcontributionstogetherwithmoneyraisedbyapprovedactivitiestobepaidintotheassociation’sgeneralaccountoraccounts or such special accounts as may be
appropriate.(2)However, where the object or objects
of any such activities is or areor include 1 or
more of the following—(a)theconstructionofanyimprovementstopremisesofaStateschool;(b)the addition of any fixtures
thereto;(c)the purchase of any furniture
therefor;theconsentofthechiefexecutiveofthedepartmentthatdealswiththematters mentioned in paragraphs (a) to
(c) shall be first had and obtained.˙Register of members43.(1)The
register of members of an association must contain, in
respectof each member—(a)the
member’s name and address; and(b)the
date on which the person became a member; and(c)the
date on which the person ceases to be a member; and(d)if the member is not a parent of a
student attending the school for
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4425s 45Education (General
Provisions) Regulation1989which the
association is formed, either—(i)the
member’s date of birth; or(ii)a record that
the member has stated that the member is of orabove the age of
18 years; or(iii)a record by the
secretary or other person charged with theresponsibility
of making entries in the register of membersthatthememberappearstobeoforabovetheageof18 years;
and(e)suchotherparticulars(ifany)asmaybeprescribedintheconstitution.(2)Also, the register of members of an
association, other than an interimparentsandcitizensassociation,mustcontainthefollowinginformationabout an honorary
life member of the association—(a)the
date the person was awarded honorary life membership;(b)the basis for the award.˙Membership of association44.(1)Apersonisrefusedmembershipofanassociationif,within2 months after
the person applies for membership, the association gives theperson written notice of the refusal and the
reasons for the refusal.(2)A person who
applies for membership of an association is taken tobe a
member of the association if—(a)thepersondoesnotreceivewrittennoticeoftheassociation’sdecision on the
application within 2 months after the application ismade; or(b)thepersonreceivesnoticeoftheassociation’srefusaloftheapplication, but
does not receive written notice of the reasons forthe
refusal, within 2 months after the application is made.˙Officers of an association45.(1)Members of an
association shall at each annual general meeting
s
4626s 48Education (General
Provisions) Regulation1989elect officers
pursuant to section 87 of the Act.(2)Retiring officers shall be eligible for
reappointment.˙Advice on office bearers46.Thesecretaryofanassociationshallaftereachannualgeneralmeeting notify the chief executive of the
names, addresses and offices of theoffice bearers
elected at such meeting.˙Meetings of an
association47.(1)The annual
general meeting of an association shall be held no laterthan
3 months following the end of the financial year as determined by
anassociation pursuant to section 94 of the
Act.(2)The secretary of an association shall
give at least 14 days notice ofintention to
convene an annual general meeting.(3)The
number of members of an association required to constitute aquorum at an annual general meeting shall be
10 or a number less than 10as may be
prescribed in the constitution.(4)An
association shall follow the order of business prescribed in
theconstitution for the conduct of the
proceeding of the annual general meeting.(5)General meetings of an association shall be
held usually once eachmonth at such times as an association
may resolve in that behalf.(6)The secretary of
an association shall give at least 7 days notice ofintention to convene a special
meeting.(7)The number of members of an
association required to constitute aquorum at a
general or special meeting shall be 7 or a number less than 7
asmay be prescribed in the constitution.˙Establishment of subcommittees48.(1)An association
may establish—(a)suchsubcommitteesas(nameofschool)StateSchoolSwimming Club
Subcommittee, (name of school) State School
s
4827s 48Education (General
Provisions) Regulation1989Ladies Auxiliary
Subcommittee, (name of school) State SchoolTuckshop
Subcommittee for special purposes;(b)suchsubcommitteesas(nameofStatepreschoolcentreassociated with
the school) State Preschool Centre Subcommitteefor promoting
the interests of and benefiting generally the StatePreschool Centre for which such subcommittee
is formed;(c)suchsubcommitteesasitconsidersnecessaryforspecialpurposes,consistentwiththeobjectivesandfunctionsofanassociation pursuant to sections 83
and 84 of the Act.(2)In establishing a subcommittee an
association shall appoint particularmembers to hold
the offices of chairperson, secretary and if funds are to beraised or expended, treasurer and subject to
the provisions of this subsectionshall impose such
conditions on the operation of such subcommittee as itdeems
fit.(3)The office of treasurer of a
subcommittee may not be held by eitherthe chairperson
or secretary of that subcommittee.(4)If a
subcommittee has been authorised by the association to raise
andexpend money—(a)the
treasurer of that subcommittee shall take charge of all
moneycollected in any way and shall keep a proper
record of receiptsand expenditure; and(b)money received by subcommittees must be
deposited promptlyinanaccountwithafinancialinstitutioninthenameofthesubcommittee,orsuchotheraccountoraccountsastheassociationmaydirect,whichaccountoraccountsshallbeoperated by any 2 of the chairperson,
secretary, and treasurer ofthe
subcommittee; and(c)thetreasurerofasubcommitteeshallhandtothetreasurer’ssuccessor in
office all money and books of accounts belonging tosuchsubcommitteeassoonassuchsuccessorhasbeenappointed;
and(d)afterdefrayingallexpenditurelawfullyincurredbyit,asubcommitteeshallpayintotheassociation’sgeneralaccountsurplusmoniesheldbyitoverandaboveitsoperational
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4928s 49Education (General
Provisions) Regulation1989requirements,whichshallbeasdeterminedbytheassociation—however,fundsraisedbyasubcommitteeforaparticular purpose authorised by the
association shall be used forthat
purpose.˙Procedures relating to accounts etc. of
an association49.(1)An association
shall form a fund to be known as the (name ofschool) Parents
and Citizens Association Fund, in 1 or more accounts forthe
State school for which it is formed.(2)Subjecttotheprovisionsofsection48,moneyraisedbyanassociationmustbedepositedpromptlyinanaccountwithafinancialinstitution in
the name of the association and the account may be operatedby
any 2 of the president, a vice-president, the secretary and the
treasurer.(3)Subjecttotheprovisionsofsection48,responsibilityforthecollectionanddisbursementofmoneyshallrestwiththepresident,secretary and
treasurer, and the treasurer shall take charge of all moneycollected in any way and for any purpose
connected with an association andshall keep a
proper account of receipts and expenditure.(4)Subject to the provisions of section 48, the
treasurer shall hand to thetreasurer’ssuccessorinofficeallaccountsandmoneybelongingtotheassociation as
soon as the treasurer’s successor has been appointed.(5)Money raised for a particular purpose
of an association shall be usedfor that
purpose.(6)Theannualfinancialstatements,submittedtotheauditorofanassociation shall
be prepared and certified in the approved form after havingregardtoapplicableprescribedrequirementsincludinganyMinister’sdirections issued
under theFinancial Administration and Audit Act
1977.(7)Followingaudit,thecertifiedannualfinancialstatementsshallbepresented for adoption to the annual
general meeting of the association, withall certificates
appended.(8)Followingpresentationandadoptionoftheannualfinancialstatements by the association at the annual
general meeting, the secretary oftheassociationshallforwardpromptlyacopyoftheauditedfinancialstatements to the chief
executive.
s
5029s 52Education (General
Provisions) Regulation1989˙Chief
executive to be notified of appointment of auditor50.Thesecretaryofaparentsandcitizensassociationmust,within28 days of the
meeting at which a person is appointed as an auditor for theassociation,notifythechiefexecutiveofthename,addressandqualifications of the person.˙Duties of an auditor51.Anauditorshallexaminethecollections,payments,cashbooks,minutes of meetings and such other records of
the association as the auditorconsidersnecessaryandshallverifywiththefinancialinstitutionsthefinancial balances held or, as the case
requires, owing, so as to be able tocertify whether
or not in the auditor’s opinion—(a)the
financial statements of the association are in agreement
withthe accounts and are in the required form;
and(b)therequirementsinrespectofthekeepingofaccountsbytheassociation have been complied with in
all material respects; and(c)the statements
have been drawn up so as to present a true and fairview, on a basis consistent with that
applied in the preceding year,of the
transactions for the financial year and the financial
positionat the close of the year.˙Constitution to be framed52.(1)The members of
an association, as soon as may be practicableafter its
formation, shall frame a constitution which shall be forwarded
tothe chief executive for the chief executive’s
approval.(2)In framing a constitution, an
association shall be guided by the modelconstitution
approved from time to time by the chief executive.(3)The constitution of an association
shall provide for and with respectto the
following—(a)the way in which a person becomes a
member of the associationand maintains membership;(b)the register of members and additional
particulars (if any) to be
s
5330s 54Education (General
Provisions) Regulation1989maintained in
the register;(c)the conduct of annual general, general
and special meetings;(d)establishmentof,andothermattersinconnectionwith,subcommittees;(e)election at each annual general meeting of
officers provided forpursuant to section 87 of the
Act;(f)reappointment of officers;(g)voting entitlements of officers and
members;(h)all requirements and impositions on
officers of the association;(i)procedures relating to accounts etc.
pursuant to section 49;(j)the method of
amending, altering or modifying the constitution.˙Dissolution of an association53.(1)For the purposes
of section 86(c) of the Act, an association shallbedissolvedifthequestionofdissolutionisputandresolvedintheaffirmative upon
the vote of three-fourths majority of the members presentand
entitled to vote at a special meeting convened to consider the
question.(2)Upon dissolution, all funds of an
association and any other propertywhatsoeveracquiredbyanassociationfortheuseofaStateschoolremaininginthenameofanassociationafterdefrayingallexpenditurelawfullyincurredbysuchassociationshallbehandedtotheprincipal’ssupervisor to be
dealt with as directed by the corporation.˙Conduct of school tuckshops and other
amenities by an association54.(1)An association
may conduct within the premises of a State schoola
tuckshop or other amenity not being conducted by the principal of
theState school where such an amenity is likely
to facilitate, assist or be ofadvantage to
members of the staff in their professional duties or to
studentsof the State school in the course of their
studies as the case may be.(2)The chief
executive may at any time order the closure of any amenityconducted under subsection (1) and the
association shall forthwith comply
s
5531Education (General Provisions)
Regulation1989with such order within the time
specified by the chief executive.(3)This
section is subject to section 14.10s
55†PART 7—ALLOWANCES˙Textbook and resource allowance55.(1)TheMinister,onapplicationbytheprincipaloftheschoolatwhich
an approved student is enrolled, must pay to the school a
textbookand resource allowance at the prescribed
rate—(a)for sending to a
parent of the student; or(b)forthebenefitofthestudent,asdirectedbyaparentofthestudent.(2)For
the purposes of this section—“approved
student”means a person—(a)who,intheopinionoftheMinister,isastudentinrespectofwhom
an allowance should be paid; and(b)who
is enrolled full-time and regularly attends in or, in the case
ofa person enrolled in a course at the School
of Distance EducationoranyotherStateeducationalinstitutionofferingdistanceeducation,
regularly participates in—(i)the course for
year 8, 9, 10, 11 or 12 (whether the person isrepeating that
year or not) in—(A)aStatesecondaryschoolotherthanacentreforcontinuing secondary education; or(B)a non-State secondary school that is a
school in receiptof subsidy; or(ii)1 of
the following office education courses—10Section 14 (Tuckshops—prohibited
items)
s
5632s 56Education (General
Provisions) Regulation1989(A)CN068;(B)CN069;at a college of
technical and further education; or(iii)acourseatanagriculturalcollegethattakes2yearstocomplete full-time; and(c)who—(i)has
not attained the age of 19 years; or(ii)is
progressing directly from full-time study in year 10; and(d)whoisnotinreceiptofassistancefromtheCommonwealthGovernmentwhichtheMinisterconsidersdesignedtoprovideassistanceofasimilarnaturesoastomakepaymentofthetextbookandresourceallowanceinrespectofthatpersoninappropriate.(3)In
this section—“prescribed rate”means, in
respect of an approved student who is—(a)enrolled in year 8, 9 or 10—$73 per year;
or(b)enrolled in year 11 or 12—$167 per
year; or(c)enrolledina2yeartrainingcourseatanagriculturalcollege—$162 per
year; or(d)enrolledintheofficeeducationcourseCN068orCN069atacollege of technical and further
education—$83 per year.(4)For the purposes
of this section, application shall be made in the formapproved by the Minister.˙School
uniform allowance56.A parent of a student who attends a
school in receipt of subsidy,other than a
student for whom only preschool education is being provided,may
be paid a school uniform allowance of $50 each year for the
student.
s
5733s 59Education (General
Provisions) Regulation1989˙Per
capita allowances to certain non-State schools57.For
each school in receipt of subsidy, the Minister is to pay a
percapita allowance of—(a)$351
per annum for each student of or above the age of 4 yearswho
is enrolled in preschool; and(b)$702
per annum for each student who is enrolled in years 1, 2, 3,4,
5, 6 or 7; and(c)$1 074 per annum for each student who
is enrolled in year 8, 9,10, 11 or 12;at that
school.˙Per capita allowances to certain
student hostels58.(1)This section
sets out allowances provided under policies approvedby
the Minister for section 142 of the Act.(2)A
person, who is in charge of a student hostel for the
accommodationofstudentsattendingaschoolinreceiptofsubsidy,mayapplytotheMinister to be paid an allowance in
respect of each student boarding at thehostel.(3)The application must be made in the
approved form.(4)After considering the application, the
Minister may pay either or bothof the following
allowances—(a)a student hostel general purpose grant
of $620 a year for eachstudent;(b)astudenthostelpastoralcaregrantof$376ayearforeachstudent, to a
maximum grant of $7 520 a year for each hostel.˙Living
away from home allowances59.(1)Forthepurposesofthissection,thedistancefromastudent’shome to the
nearest State school with the required year level for the
studentshall be measured—(a)where there is no school transport service
approved by the chief
s
5934s 59Education (General
Provisions) Regulation1989executive(transport)orpublictransportservicetothatschool—by the
shortest trafficable route; or(b)where there is a school transport service
approved by the chiefexecutive(transport)orpublictransportservicetothatschool—by the
total of the distance from the student’s home tothe
school transport access point and the distance travelled by
thetransport service from that point to the
school.(2)In subsection (3)—“remote
area”means—(a)where the student’s home—(i)is not less than 16 km from the
nearest State school with therequired year
level for the student; and(ii)isnotlessthan4.5kmfromaschooltransportserviceapproved by
chief executive (transport) or a public transportservice to any State school with the
required year level forthe student; or(b)where the student’s home—(i)is not less than 16 km from the
nearest State school with therequired year
level for the student; and(ii)is less than 4.5
km from a school transport service approvedbythechiefexecutive(transport)orapublictransportservice to any State school with the
required year level forthe student; and(iii)is—(A)not less than 56
km from that State school using theroute travelled
by that transport service; or(B)not
less than 3 hours travelling time per day from thatState school using that transport
service.(3)The allowances stated in subsections
(4) and (5) may be paid for eachyear on
application to the Minister by a parent of a student who lives in
aremoteareaandboardsawayfromhometoattend,otherthanforonlypreschool
education, a school in receipt of subsidy.
s
5935s 59Education (General
Provisions) Regulation1989(4)If
the student boards at the residential facility of a school other
than aState school and the school charges for
tuition, the following remote areatuition allowance
may be paid to the school—(a)for a primary
school—(i)if the charge is not more than $1
022—the amount of thecharge; or(ii)if
the charge is more than $1 022—$1 022 plus 50c for eachdollar charged that is more than $1 022, to
a maximum of$2 044;(b)for
a secondary school—(i)if the charge is not more than $1
472—the amount of thecharge; or(ii)if
the charge is more than $1 472—$1 472 plus 50c for eachdollar charged that is more than $1 472, to
a maximum of$2 944;(c)foraschoolthatdoesnotdistinguishbetweenprimaryandsecondaryeducationforcertainstudentswithdisabilitiesandprovides only special education for those
students—(i)for a student who is less than 13
years at the end of the yearfor which the
allowance is paid—(A)if the charge is not more than
$990—the amount of thecharge; or(B)ifthechargeismorethan$990—$990plus50cforeachdollarchargedthatismorethan$990,toamaximum of $1 980; and(ii)for a student
who is 13 years or more at the end of the yearfor which the
allowance is paid—(A)if the charge is not more than $1
425—the amount ofthe charge; or(B)if
the charge is more than $1 425—$1 425 plus 50c foreachdollarchargedthatismorethan$1425,toamaximum of $2 850.
s
5936s 59Education (General
Provisions) Regulation1989(5)If
the student has to travel 50 km or more from the student’s home
totheplacewherethestudentboards,thefollowingremoteareatravelallowance may be paid to the parent—(a)if the student travels—(i)from a home in area 1 to a place in
area 3—$810; or(ii)from a home in
area 2 to a place in area 3—(A)iftheshortesttrafficableroutebyroadisviaarea 1—$810; or(B)otherwise—$270; or(iii)from
a home in area 3 to a place in area 3—(A)iftheshortesttrafficableroutebyroadisviaarea 2—$270; or(B)otherwise—$90;(b)if
the student travels to a place in area 1 or area 2 and the
mostconvenient direct route by road is—(i)not more than 150 km and takes—(A)not more than 3 h—$90;(B)more than 3 h but not more than 4
h—$180;(C)more than 4 h—$270;(ii)more than 150 km
but not more than 300 km and takes—(A)not
more than 4 h—$180;(B)more than 4 h—$270;(iii)more than 300
km—$270.(6)In subsection (5)—“area 1”see
schedule, part 1, division 1.“area 2”see
schedule, part 1, division 2.“area 3”see
schedule, part 1, division 3.(7)In
subsection (8)—
s
5937s 59Education (General
Provisions) Regulation1989“remote
area”means—(a)where the student’s home—(i)is not less than 16 km from the
nearest State school withyear 11 or 12 level of schooling as
required by the student;and(ii)isnotlessthan4.5kmfromaschooltransportserviceapprovedbythechiefexecutive(transport)orapublictransport
service to any State school with year 11 or 12 levelof
schooling as required by the student; or(b)where the student’s home—(i)is not less than 16 km from the
nearest State school withyear 11 or 12 level of schooling as
required by the student;(ii)is less than 4.5
km from a school transport service approvedbythechiefexecutive(transport)orapublictransportservicetothatStateschoolwithyear11or12levelofschooling as required by the
student;(iii)is—(A)not less that 56 kilometres from that
State school usingthe route travelled by that transport
service; or(B)not less than 3 hours travelling time
per day from thatState school using that transport
service.(8)On application by a parent of a
student who lives in a remote area andwho boards away
from home in order to attend an agricultural college toundertake studies in agriculture at a level
equivalent to year 11 or 12 (as thecase may be), the
Minister shall pay to the parent a remote area allowance of$1
292 per annum.(9)In subsection (10)—“remote area”means—(a)where the student’s home—(i)is not less than 16 km from the
nearest school in receipt ofsubsidy with the
appropriate special education as required bythe student;
and
s
5938s 59Education (General
Provisions) Regulation1989(ii)isnotlessthan4.5kmfromaschooltransportserviceapprovedbythechiefexecutive(transport)orapublictransport
service to any school in receipt of subsidy with theappropriate special education as required by
the student; or(b)where the student’s home—(i)is not less than 16 km from the
nearest school in receipt ofsubsidy with the
appropriate special education as required bythe student;
and(ii)is less than 4.5
km from a school transport service approvedbythechiefexecutive(transport)orapublictransportservicetothatschoolinreceiptofsubsidywiththeappropriate special education as
required by the student; and(iii)is—(A)not less than 56
km from that school using the routetravelled by
that transport service; or(B)not less than 3
hours travelling time per day from thatschool using
that transport service.(10)A parent of a
student who lives in a remote area and boards awayfrom
home to attend the nearest school in receipt of subsidy with
specialeducation appropriate to the student may, on
application to the Minister, bepaid, for each
year, a remote area disability supplement to a maximum of$5
000.(11)Tobeeligibletoreceivearemoteareadisabilitysupplement,aparent must give the Minister written
evidence that—(a)travelandaccommodationcostsofeducatingthestudentaresignificantlyhigherthantheywouldbeifthestudentdidnotrequire special
education; and(b)the extra costs incurred are not being
met by the total assistanceotherwise
available from both the State and the Commonwealthbecause of the student’s disability.(12)Allowances
prescribed by subsections (2) to (11) shall not be paidinrespectofastudentwhoisinreceiptofagrantprovidedbytheCommonwealth Government under the
ABSTUDY Scheme.
s
6039s 60Education (General
Provisions) Regulation1989(13)An
application shall be made in the approved form.(14)The
Minister, having regard to—(a)the
locality of residence of a student or class of students; or(b)the accessibility of the student or
class of students to schools ortransport
services; or(c)the health of a student or class of
students; or(d)such other special circumstances as
may apply;either generally or in a particular case, may
pay in respect of that student orclass of students
any allowance prescribed by this section, notwithstandingthatthestudentorclassofstudentsdoesnotmeetalltherequirementsprescribed for
that allowance.˙False or misleading statements an
offence60.Apersonwho,inanapplicationforanallowanceorscholarshipunder the
Act—(a)makesastatementthattotheperson’sknowledgeisfalseormisleading in a material particular;
or(b)omits any matter or thing without
which the application is to theperson’s
knowledge misleading in a material respect;commits an
offence against this section.Maximum penalty—5
penalty units.
40Education (General Provisions)
Regulation1989¡SCHEDULE†AREAS FOR SECTION 59(5)section 59PART
1—AREASDivision 1—area 11.Southernarea—theareawithinalinecommencingonthewesternboundary of the
State at its intersection with latitude 22° south andbounded thence by that parallel easterly to
the boundary of the Shire ofCloncurry,bythatboundaryandtheboundariesoftheShiresofWintonandBarcoogenerallyeasterly,southerly,easterly,southeasterly and
south westerly to longitude 144° east, by that meridiansoutherlytotheboundaryoftheShireofBulloo,bythatboundarygenerally south easterly and southerly to
the State boundary and by thatboundary
westerly, northerly, westerly and northerly to the point ofcommencement.2.Northern area—the area that comprises the
mainland and all islandsabovetheirrespectiveseashoreswithintheencompassinglinedescribed in part 2 and referenced to the
Australian Geodetic Datum,and all Australian Islands above their
respective sea shores north of theSeabed
Jurisdiction Line as described in the Treaty between
Australiaand the Independent State of Papua New
Guinea dated 18 December1978,includingtheislandsofAnchorCay,AubusiIsland,BlackRocks, Boigu
Island, Bramble Cay, Dauan Island, Deliverance Island,EastCay,KaumagIsland,KerrIslet,MoimiIsland,PearceCay,Saibai Island, Turnagain Island and Turu
Cay.
41Education (General Provisions)
Regulation1989SCHEDULE (continued)Division 2—area 23.Southernarea—theareawithinalinecommencingonthewesternboundary of the
State at its intersection with latitude 22° south andbounded by the State boundary northerly to
the boundary of the ShireofBurke,bythatboundaryandtheboundariesoftheshiresofCloncurry, McKinlay, Richmond, Winton,
Aramac, Jericho, Tambo,MurwehandBooringagenerallyeasterly,southerly,easterly,southerly, easterly, south-easterly,
southerly, easterly and southerly tothe northern
boundary of Balonne Shire at longitude 148° east, by thatmeridian southerly to the State boundary, by
that boundary westerly totheboundaryoftheShireofBulloo,bythatboundarygenerallynortherly and
north-westerly to longitude 144° east, by that meridiannortherly to the boundary of the Shire of
Barcoo, by that boundary andtheboundariesoftheShiresofWintonandCloncurrygenerallynorth-easterly,north-westerly,westerly,northerlyandwesterlytolatitude22°southandbythatparallelwesterlytothepointofcommencement.4.Northern area—the area within a line
commencing at the intersectionof latitude 17°
south and longitude 145° east and bounded thence bythat
meridian southerly to the boundary of the Shire of Herberton,
bythatboundaryandtheboundariesoftheShiresofDalrympleandFlinders generally southerly, south-westerly
and westerly to longitude144° east, by that meridian northerly
to latitude 17° south and by thatparallel
easterly to the point of commencement.Division 3—area
35.The area within a line commencing on
the southern boundary of theState at its
intersection with longitude 148° east and bounded by thatmeridian northerly to the northern boundary
of the Shire of Balonne,bythatboundaryandtheboundariesoftheShiresofBooringa,Murweh, Tambo,
Jericho, Aramac, Winton, Richmond, Etheridge andHerbertongenerallynortherly,westerly,northerly,north-westerly,
42Education (General Provisions)
Regulation1989SCHEDULE (continued)westerly, northerly, easterly,
north-easterly and northerly to longitude145° east, by
that meridian northerly to the boundary of the Shire ofCook, by that boundary north-easterly to
latitude 16° south, by thatparallel
easterly to the eastern extremity of the Great Barrier Reef,
bythe eastern most reefs south-easterly to the
southern limit of the outerreef, by a line
southerly to Sandy Cape on Fraser Island, by the easternboundariesofthelocalgovernmentareasofHerveyBay(City),Maryborough(City),Widgee,Noosa,Maroochy,Landsborough,Caboolture,Redcliffe(City),Brisbane(City),Redland,AlbertandGold
Coast (City) generally southerly to the State boundary and by
thatboundary generally westerly to the point of
commencement.PART 2—ENCOMPASSING LINE6.CommencingontheSeabedJurisdictionLineasdescribedintheaforesaidTreatyatlatitude9°30minutessouth,longitude144° 15 minutes
east and bounded thence by a line southerly to thenorth–eastern extremity of the Great Barrier
Reef, by the eastern mostreefs southerly to latitude 16° south,
by that parallel westerly to theboundaryoftheShireofCook,bythatboundarygenerallysouth–westerly
to longitude 145° east, by that meridian southerly tolatitude 17° south, by that parallel
westerly to longitude 144° east, bythat meridian
southerly to the boundary of the Shire of Flinders, by thatboundary and the boundaries of the Shires of
Richmond, McKinlayand Cloncurry and the City of Mount Isa
generally westerly, northerlyand westerly to
the State boundary, by that boundary and longitude138°
east, northerly to latitude 14° south, by that parallel easterly
tolongitudetolongitude141°east,bythatmeridiannortherlytotheSeabedJurisdictionLine,andbythatSeabedJurisdictionLinegenerally north-easterly and easterly to the
point of commencement.
44Education (General Provisions)
Regulation19893´AIAamdamdtchdefdivexpgazhdginslapnotfdo in
comorigpparaprecpres===================KeyKey to
abbreviations in list of legislation and annotationsActs
Interpretation Act 1954amendedamendmentchapterdefinitiondivisionexpires/expiredgazetteheadinginsertedlapsednotifiedorder
in councilomittedoriginalpageparagraphprecedingpresentprev(prev)procprovptpubdR[X]RArelocrenumrepsschsdivSIASLsubunnum==================previouspreviouslyproclamationprovisionpartpublishedReprint
No.[X]Reprints Act 1992relocatedrenumberedrepealedsectionschedulesubdivisionStatutory
Instruments Act 1992subordinate legislationsubstitutedunnumbered´4Table of earlier
reprintsTABLE OF EARLIER REPRINTS[If a
reprint number includes a roman letter, the reprint was released in
unauthorised,electronic form only]Reprint
No.Amendments includedReprint
date1to SL No. 125 of 199427
July 19942to SL No. 459 of 199425
January 19953to SL No. 199 of 19955
July 19953Ato SL No. 201 of 199623
September 19963Bto SL No. 298 of 19963
December 19964to SL No. 416 of 19967
February 19974Ato SL No. 59 of 19973
April 19974Bto SL No. 467 of 199716
June 19985to SL No. 273 of 199829
October 19985Ato SL No. 355 of 19984
January 19995Bto SL No. 270 of 199915
November 1999
45Education (General Provisions)
Regulation1989´5Tables in earlier reprintsName
of tableTABLES IN EARLIER REPRINTSChanged citations and remade lawsChanged names and titlesCorrected minor
errorsObsolete and redundant provisionsRenumbered provisionsReprint
No.311, 31,
31, 5´6List of legislationEducation (General Provisions) Regulation
1989made by the Governor in Council on 3 August
1989pubd gaz 5 August 1989 pp 2935–64commenced 5 August 1989 (see s 1(2))exp
31 August 2000 (see SIA s 56A(1)(a) and SIR s 7 sch 7)as
amended by—regulations published gazette (pre SL
series)—4 November 1989 pp 1728–30commenced 1 January 1990 (see s 2)11
November 1989 p 1983commenced on date of publication22
December 1990 pp 2305–10ss 4, 7, 9, 10 and 11 commenced 1
January 1991 (see s 3(2))remaining provisions commenced on date
of publication (see s 3(1))Education (General Provisions)
(Amendment) Regulation 1991pubd gaz 23 March 1991 p 1777commenced on date of publicationEducation (General Provisions) Amendment
Regulation (No. 2) 1991 SL No. 28pubd gaz 20 July
1991 pp 1686–7commenced on date of publicationEducation (General Provisions) Amendment
Regulation (No. 3) 1991 SL No. 98pubd gaz 12
October 1991 pp 571–3commenced on date of
publicationEducation (General Provisions) Amendment
Regulation (No. 4) 1991 SL No. 210pubd gaz 21
December 1991 pp 2499–503commenced 1 January 1992 (see s
2)
46Education (General Provisions)
Regulation1989Education (General Provisions)
Amendment Regulation (No. 1) 1992 SL No. 437notfd gaz 18
December 1992 pp 1988–96ss 1–2 commenced on date of
notificationremaining provisions commenced 1 January
1993 (see s 2)Education (General Provisions) Amendment
Regulation (No. 1) 1993 SL No. 411notfd gaz 19
November 1993 pp 1402–3ss 1–2 commenced on date of
notificationremaining provisions commenced 1 January
1994 (see s 2)Education (General Provisions) Amendment
Regulation (No. 2) 1993 SL No. 483notfd gaz 17
December 1993 pp 1812–21ss 1–2 commenced on date of
notifications 6(2) commenced 1 July 1994 (see s
2(2))remaining provisions commenced 1 January
1994 (see s 2(1))Education (General Provisions) Amendment
Regulation (No. 1) 1994 SL No. 125notfd gaz 8 April
1994 pp 1392–3commenced on date of notificationEducation (General Provisions) Amendment
Regulation (No. 2) 1994 SL No. 458notfd gaz 16
December 1994 pp 1792–7ss 1–2 commenced on date of
notificationremaining provisions commenced 1 January
1995 (see s 2)Education (General Provisions) Amendment
Regulation (No. 3) 1994 SL No. 459notfd gaz 16
December 1994 pp 1792–7commenced on date of
notificationEducation (General Provisions) Amendment
Regulation (No. 1) 1995 SL No. 114notfd gaz 28
April 1995 pp 1800–1ss 1–2 commenced on date of
notificationremaining provisions commenced 1 May 1993
(see s 2)Education (General Provisions) Amendment
Regulation (No. 2) 1995 SL No. 199notfd gaz 20 June
1995 pp 1273–6commenced on date of notificationEducation (General Provisions) Amendment
Regulation (No. 3) 1995 SL No. 399notfd gaz 22
December 1995 pp 1672–6ss 1–2 commenced on date of
notificationremaining provisions commenced 1 January
1996 (see s 2)Education (General Provisions) Amendment
Regulation (No. 1) 1996 SL No. 201notfd gaz 2
August 1996 pp 1642–3commenced on date of
notificationEducation (General Provisions) Amendment
Regulation (No. 2) 1996 SL No. 298notfd gaz 25
October 1996 pp 764–7commenced on date of
notification
47Education (General Provisions)
Regulation1989Education (General Provisions)
Amendment Regulation (No. 3) 1996 SL No. 416notfd gaz 20
December 1996 pp 1588–98commenced on date of
notificationEducation (General Provisions) Amendment
Regulation (No. 1) 1997 SL No. 59notfd gaz 21
March 1997 pp 1234–5commenced on date of notificationEducation (General Provisions) Amendment
Regulation (No. 2) 1997 SL No. 467notfd gaz 19
December 1997 pp 1770–7ss 1–2 commenced on date of
notificationremaining provisions commenced 1 January
1998 (see s 2)Education (General Provisions) Amendment
Regulation (No. 1) 1998 SL No. 273notfd gaz 9
October 1998 pp 489–91commenced on date of
notificationEducation (General Provisions) Amendment
Regulation (No. 2) 1998 SL No. 355notfd gaz 18
December 1998 pp 1551–7ss 1–2 commenced on date of
notificationremaining provisions commenced 1 January
1999 (see s 2)Education (General Provisions) Amendment
Regulation (No. 1) 1999 SL No. 270notfd gaz 5
November 1999 pp 918–21commenced on date of
notificationEducation (General Provisions) Amendment
Regulation (No. 2) 1999 SL No. 318notfd gaz 10
December 1999 pp 1448–50commenced on date of
notification´7List of
annotationsThisreprinthasbeenrenumbered—seetableofrenumberedprovisionsinendnote 8.Short titles
1sub 1991 SL No. 98 s 4Definitionsprov
hdgsub 1995 SL No. 399 s 4(1)s
2prev s 2 om R1 (see RA s 36)pres
s 2def“accredited representative”amd
1998 SL No. 273 s 3(1)def“agricultural
college”ins 1998 SL No. 355 s 4def“auditor”ins 1995 SL No.
114 s 4def“authorised officer”amd
1998 SL No. 273 s 3(2)def“chief executive
(transport)”ins 1995 SL No. 399 s 4(2)def“CommissionerforTransport”ins reg pubd gaz
22 December 1990pp 2305–10om 1993 SL No.
483 s 4
48Education (General Provisions)
Regulation1989def“Director-General”ins 1993 SL No.
411 s 4(2)om R1 (see RA s 39)def“permitted user”amd 1998 SL No.
273 s 3(2)def“school council”ins 1997 SL No.
467 s 4amd 1998 SL No. 273 s 3(3)def“school in receipt of subsidy”ins
1995 SL No. 399 s 4(2)amd 1998 SL No. 273 s 3(4)def“social function”ins 1993 SL No.
411 s 4(2)def“the Act”om 1993 SL No.
411 s 4(1)Chief executive may issue directions and
guidelinesprov hdgins 1995 SL No.
399 s 4(3)s 3(prev s 2(2)) renum 1995 SL No. 399 s
4(4)Management of schools 4amd
1997 SL No. 467 s 5Teaching in schoolss 7amd
1997 SL No. 467 s 6Charge of school in temporary absence of
principals 8amd 1991 SL No. 28 s 3; 1997 SL No.
467 s 7Reports on students in State schoolss
10prev s 10 om 1997 SL No. 467 s 8Courses for overseas studentss
11prev s 11 amd 1991 SL No. 98 s 5om
1997 SL No. 467 s 8pres s 11 amd reg pubd gaz 23 March 1991 p
1777; 1994 SL No. 125 s 3;1995 SL No. 399 s 6sub
1997 SL No. 59 s 3Student vacationss 12prev
s 12 amd 1991 SL No. 98 s 6om 1997 SL No. 467 s 8Additional holidayss 13prev
s 13 amd 1995 SL No. 399 s 5; 1996 SL No. 201 s 3om
1997 SL No. 467 s 8Tuckshops—prohibited itemss
14ins 1996 SL No. 201 s 4Circumstances in
which school council to be dissolved—Act, s 75prov hdgamd
1998 SL No. 273 s 4(1)s 15ins 1997 SL No.
467 s 10amd 1998 SL No. 273 s 4(2)–(3)sub
1999 SL No. 270 s 3Non-compliance with directions
15Ains 1999 SL No. 270 s 3
49Education (General Provisions)
Regulation1989Dissolution by chief executives
15Bins 1999 SL No. 270 s 3Chief executive to
consults 15Cins 1999 SL No. 270 s 3Minister to review decision to dissolve
school councils 15Dins 1999 SL No. 270 s 3Permission to use State educational
institutionss 16prev s 16 om 1997 SL No. 467 s
9pres s 16 amd 1993 SL No. 411 s 5; 1996 SL
No. 416 s 3sub 1997 SL No. 467 s 11Approval for
liquor to be taken onto premises of a State educational
institutions 17ins 1993 SL No. 411 s 6amd
1997 SL No. 467 s 12Agreement of parents and citizens
associations 18ins 1993 SL No. 411 s 6amd
1997 SL No. 467 s 13Dry area under local community laws
19ins 1993 SL No. 411 s 6amd 1997 SL No.
467 s 14Controlled place or dry place under law
council declarations 20ins 1995 SL No. 399 s 7amd
1997 SL No. 467 s 15Distribution of written material in State
educational institutionsprov hdgsub 1997 SL No.
467 s 16(1)s 21amd 1995 SL No. 399 s 8; 1996 SL No.
298 s 3; 1997 SL No. 467 s 16(2)Care of
propertys 22prev s 22 om 1997 SL No. 467 s
17Application for approval of
representatives 23amd reg pubd gaz 22 December 1990 pp
2305–10; 1998 SL No. 273 s 5Appointment of day
of religious instructions 25amd 1997 SL No.
467 s 18Selected Bible lessonss 30amd
1995 SL No. 199 s 3Leave of absenceprov hdgsub
1997 SL No. 467 s 19(1)s 31amd 1997 SL No.
467 s 19(2)–(4)Compulsory attendances 32amd
1995 SL No. 399 s 9; 1997 SL No. 467 s 20; 1998 SL No. 273 s
6Enrolment requirementss 33amd
1991 SL No. 28 s 4; 1994 SL No. 459 s 3; 1997 SL No. 467 s
21
50Education (General Provisions)
Regulation1989Transfer of students 34amd
1995 SL No. 399 s 10; 1997 SL No. 467 s 22Transfer of
student recordss 35amd 1997 SL No. 467 s 23Detention of studentss 38prev
s 38 om 1994 SL No. 458 s 4Hoursduringwhichchildofageofcompulsoryattendancenottobeemployed—Act, s 119prov hdgamd
1998 SL No. 273 s 7(1)s 39ins 1997 SL No.
467 s 24amd 1998 SL No. 273 s 7(2)Formation of an associations
40amd 1991 SL No. 28 s 5; 1997 SL No. 467 s
25; 1998 SL No. 273 s 8Name of an associations
41amd 1998 SL No. 273 s 9Activities of an
associations 42amd 1993 SL No. 483 s 5Register of memberss 43prev
s 43 om 1997 SL No. 467 s 26pres s 43 sub reg
pubd gaz 22 December 1990 pp 2305–10amd 1997 SL No.
467 s 27Membership of associations 44ins
1997 SL No. 467 s 28Officers of an associations
45amd 1998 SL No. 273 s 10Meetings of an
associations 47amd 1998 SL No. 273 s 11Establishment of subcommitteess
48amd 1995 SL No. 114 s 5; 1998 SL No. 273 s
12Procedures relating to accounts etc. of an
associations 49amd 1995 SL No. 114 s 6; 1995 SL No.
399 s 11Chief executive to be notified of appointment
of auditors 50sub 1995 SL No. 114 s 7Duties
of an auditors 51amd 1995 SL No. 114 s 8Constitution to be frameds 52amd
1997 SL No. 467 s 29; 1998 SL No. 273 s 13Dissolution of an
associations 53amd 1991 SL No. 28 s 6; 1997 SL No.
467 s 30; 1998 SL No. 273 s 14
51Education (General Provisions)
Regulation1989Conduct of school tuckshops and other
amenities by an associationprov hdgamd 1996 SL No.
201 s 5(1)s 54amd 1995 SL No. 399 s 12; 1996 SL No.
201 s 5(2)–(3)Textbook and resource allowanceprov
hdgamd reg pubd gaz 22 December 1990 pp
2305–10s 55amdregpubdgaz4November1989pp1728–30;22December1990pp2305–10;1991SLNo.210s4;1992SLNo.437s4;1994SLNo. 458 s 5; 1995 SL No. 399 s
13sub 1997 SL No. 467 s 31amd 1998 SL No.
355 s 5School uniform allowances 56ins
1995 SL No. 399 s 14Per capita allowances to certain non-State
schoolss 57amd reg pubd gaz 11 November 1989 p
1983sub reg pubd gaz 22 December 1990 pp
2305–10amd 1995 SL No. 399 s 15; 1996 SL No. 416 s
4; 1997 SL No. 467 s 32;1998 SL No. 355 s 6; 1999 SL No. 318 s
3Per capita allowances to certain student
hostelss 58amdregpubdgaz4November1989pp1728–30;22December1990pp
2305–10; 1991 SL No. 210 s 5sub 1992 SL No.
437 s 5amd 1993 SL No. 483 s 6; 1994 SL No. 458 s
6; 1995 SL No. 399 s 16;1996 SL No. 416 s 5; 1997 SL No. 467 s
33; 1998 SL No. 273 s 15;1998 SL No. 355 s 7Boarding allowance in certain
circumstancess 58Ains reg pubd gaz 22 December 1990 pp
2305–10om 1995 SL No. 399 s 18Living away from
home allowancess 59amdregpubdgaz4November1989pp1728–30;22December1990pp2305–10;1991SLNo.210s6;1992SLNo.437s6;1993SLNo. 483 s 7; 1994 SL No. 458 s 7; 1995
SL No. 399 s 17; 1996 SLNo. 416 s 6; 1997 SL No. 467 s 34;
1998 SL No. 355 s 8False or misleading statements an
offences 60orig s 60 sub 1995 SL No. 399 s
20exp 31 December 1996 (see s 62)prev
s 60 ins 1997 SL No. 467 s 35om R5 (see RA s
37)pres s 60 amd 1995 SL No. 399 s 19PART
8—MISCELLANEOUSpt hdgprev pt hdg sub
1995 SL No. 399 s 20exp 31 December 1996 (see s 62)pres
pt hdg ins 1997 SL No. 467 s 35om 1998 SL No.
273 s 16