QueenslandEducation(GeneralProvisions)Act1989Education(GeneralProvisions)Regulation2000Reprinted as in force on 1 July
2006Reprint No. 3EThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
ccopyNOT FURTHER AMENDEDLAST REPRINT
BEFORE REPEALSee 2006 Act No. 39 s 435
Information about this reprintThis
regulation is reprinted as at 1 July 2006. The reprint shows the
law as amended by allamendments 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 listof legislation and list of annotations in
endnotes. Also see list of legislation for anyuncommenced
amendments.This page is specific to this reprint. See
previous reprints for information about earlierchanges 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 reprintsReprints dated at
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s15s4Education (General Provisions) Regulation
2000Education (General Provisions)
Regulation2000[as amended by all amendments that
commenced on or before 1 July 2006]Part 1Preliminary1Short
titleThisregulationmaybecitedastheEducation(GeneralProvisions) Regulation 2000.2CommencementThis regulation
commences on 1 July 2000.3DefinitionsThe dictionary in
schedule 3 defines particular words used inthis
regulation.4Chief executive may give directions
and guidelines(1)Thechiefexecutivemaygivedirectionsorguidelinestoaprincipal, teacher or other person
about a function or powergiventotheprincipal,teacherorotherpersonunderthisregulation.(2)The
principal, teacher or other person must comply with thedirections or guidelines.
s56s6Education (General Provisions) Regulation
2000Part 2School
management5Management of school(1)The principal of a State school is the
person in charge of theschool.(2)The
principal must manage the school in a way that—(a)ensures effective, efficient and appropriate
managementof public resources; and(b)promotesasafe,supportiveandproductivelearningenvironment; and(c)supportsandmonitorstheacademicprogressofallstudents at the
school.(3)Without limiting subsection (1), the
principal must—(a)promote educational practices at the
school that lead tothe improvement of student learning
outcomes; and(b)provide for the effective
administration of matters aboutthe students at
the school; and(c)promoteorganisationalandstaffingstructuresattheschoolthatencouragestaffmemberstobecome,andcontinue to be, skilled, confident and
responsible; and(d)promote continuous evaluation and
improvement of theschool’s operations and delivery of
services.6Management of staffThe
principal of a State school must—(a)allocate and supervise the work of each
staff member;and(b)promptly report
to the chief executive, in writing, aboutinsubordinationorsuspectedmisconductbyastaffmember; and(c)encourageteacherstouseappropriateteachingtechniques.
s77s9Education (General Provisions) Regulation
20007Work of staff outside period allocated
for instruction(1)The principal of a State school may
require a staff member towork outside the period allocated for
instruction on a schoolday if the principal considers it
necessary and reasonable inthe circumstances.(2)Without limiting subsection (1), the
principal may require thestaff member—(a)to
attend a staff meeting outside the period allocated forinstruction on a school day; and(b)ifthememberisateacherorateacheraide—tosupervise the activities of students.8Teachers to perform allocated duties
etc.A teacher in a State school must—(a)performthedutiesallocatedtotheteacherbytheprincipal;
and(b)take an active interest in
extracurricular activities of theschool;
and(c)engage in professional development
activities.9Charge of school in temporary absence
of principalIf the principal of a State school is absent
from the school, oneofthefollowingpersonsmustassumethedutiesandresponsibilities of the principal during the
principal’s absenceuntil otherwise directed by the chief
executive—(a)a deputy principal;(b)if the principal or the principal’s
supervisor nominatesanother staff member—the other staff
member.
s
108s 12Education
(General Provisions) Regulation 2000Part 3Property management10Permission to use State educational
institutions(1)A person may apply in writing to
either of the following forpermission to use a State educational
institution—(a)the Minister;(b)an
authorised officer.(2)Also,iftheapplicantwantstousetheStateeducationalinstitutionforasocialfunctionatwhichliquoristobeconsumed, the application must include a
request for approvalto take liquor onto the premises.(3)IftheMinisterorauthorisedofficerdecidestoapprovetheapplication, the Minister or authorised
officer must promptlygive the applicant written notice of
the approval.(4)Approval under subsection (3) may be
subject to reasonableconditions.11Agreement of parents and citizens
association(1)This section applies if—(a)anapplicationtotakeliquorontopremisesrelatestopremises that are a State school;
and(b)the school has a parents and citizens
association.(2)TheMinisterorauthorisedofficermayapprovetheapplicationonlyiftheparentsandcitizensassociationhasagreed to—(a)the
social function being held on the premises; and(b)liquor being taken onto the premises;
and(c)any proposed conditions of
approval.12Liquor not to be taken onto premises
in dry places(1)TheMinisterorauthorisedofficermustnotapproveanapplication to take liquor onto
premises if the premises are adry place or are
part of a dry place.
s
139s 13Education
(General Provisions) Regulation 2000(2)In
this section—dryplacemeansaplacedeclaredundertheAboriginalCommunities
(Justice and Land Matters) Act 1984, section
96,or theCommunityServices(TorresStrait)Act1984, section94,1as a dry place.13Approval for liquor to be taken onto
premises inrestricted areas(1)The
Minister or authorised officer may approve an applicationfor a
person to take liquor onto premises in a restricted areaonly
if—(a)theapplicationrelatestoasocialfunctionandthepersonholdsarestrictedareapermitauthorisingthepersontopossessliquorintherestrictedareaforthesocial function; or(b)for a
person who does not hold a restricted area permitmentioned in paragraph (a)—the quantity of
liquor theperson may take onto the premises under the
approval isnot more than the prescribed quantity of
liquor for therestricted area.(2)If
the Minister or authorised person approves an applicationunder
subsection (1)(a), the approval must be—(a)onlyforthetimesstatedintherestrictedareapermit;and(b)subjecttoanyotherconditionstowhichthepermitissubject.(3)In
this section—prescribed quantity, of liquor,
means the quantity of liquor,stated in a
regulation made under theLiquor Act 1992, section1AboriginalCommunities(JusticeandLandMatters)Act1984,section28(Declaration)andCommunityServices(TorresStrait)Act1984,section94(Declaration)AboriginalCommunities(JusticeandLandMatters)Act1984,section96wasrenumbered as section 28 under
theAboriginalCommunities(JusticeandLandMatters) Act
1984, section 189.
s
1410s 15Education
(General Provisions) Regulation 2000173H,2that a person may have in possession
in a public placein a restricted area without a restricted
area permit.public placesee theLiquor Act 1992, section
4.3restricted areameans an area
declared under theLiquor Act1992,
section 173G(1),4to be a restricted area.restricted area permitmeans a
restricted area permit grantedand held under
theLiquor Act 1992.514Care of
property(1)A principal, deputy principal, teacher
or other person who isin control of, or responsible for
managing, any property of aState educational institution must
take reasonable steps to carefor the
property.(2)In this section—propertymeans
any real or personal property that is, or formspart of, the
premises or equipment of the institution.Part 4Student administration15Age
for enrolment at a State preschool centre(1)The
principal of a State preschool centre may enrol a child atthe
centre if the child will reach 4 years or more on or before31
December in the year before enrolment.(2)Also,
the principal may enrol a child who is less than 4 yearsif
the child has been enrolled in a formal education program inanotherStateorcountryandtheprincipal’ssupervisoris2Liquor Act
1992, section 173H (Declaration of prohibition
of possession of liquor inrestricted area)3Liquor Act 1992, section 4
(Definitions)4Liquor Act 1992, section 173G
(Declaration of restricted area)5See
theLiquor Act 1992, section 97(f)
(Available permits).
s
1611s 19Education
(General Provisions) Regulation 2000satisfied the
child would bedisadvantaged educationally bynot
being enrolled in a State preschool centre.16Age
for enrolment at a State primary school(1)TheprincipalofaStateprimaryschoolmayenrolattheschoolachildwhoisunder6yearsatthebeginningofaschoolyearifthechildwillreach5yearsonorbefore3December in the year before
enrolment.(2)Also, the principal may enrol a child
who is less than 5 yearson31Decemberintheyearpriortoenrolmentiftheprincipal’ssupervisorissatisfiedthechildwouldbedisadvantaged educationally by not
being enrolled in a Stateprimary school.17Evidence of date of birth to be
producedA parent of a child must produce documentary
evidence of thedate of birth of the child if asked to do so
by the principal of aState school at which the child is
enrolled or to be enrolled.18Leave of
absence(1)This section applies if a parent
advises the principal of a Stateschool that the
parent wants the student to receive medical ordentaltreatmentorspecialisedinstructionduringaschoolday.(2)The principal may give the student
leave of absence.(3)The principal may require the advice
to be in writing.(4)In this section—specialisedinstructionmeansinstructionortraininginasubjectoractivitythatisnotoneofthestudent’snormalschool subjects
or activities.19Unauthorised absences(1)This section applies if a student
enrolled at a school is absentfromtheschoolonaregularorcontinuedbasisandthe
s
2112s 22Education
(General Provisions) Regulation 2000principaloftheschoolhasnotgiventhestudentleaveofabsence (anunauthorised
absence).(2)The principal
must record the unauthorised absence in a wayapproved by the
chief executive.(3)The principal must tell the student’s
parent, if practicable, inwriting, about the unauthorised
absence and ask the parent thereason for the
unauthorised absence.(4)Aftertellingthestudent’sparentabouttheunauthorisedabsence, the
principal may report the unauthorised absence toa
relevant authority if the principal considers it is
appropriateto do so.(5)In
this section—relevant authoritymeans an entity
of the State to whom it isappropriatetoreportanunauthorisedabsence,includingapoliceofficerandthedepartmentinwhichtheChildProtection Act
1999is administered.21Good
behaviour of students(1)The principal of
a State school must take reasonable steps toensurethestandardofbehaviourofallstudentsisclearlydefinedandmonitoredwhilethestudentisundertheprincipal’s care and control.(2)Withoutlimitingsubsection(1),theprincipalmustensurestudents are
effectively supervised by teachers.22Detention of students(1)TheprincipalorateacherataStateschoolmaydetainastudentaspunishmentfordisobedience,misconduct,wilfulneglect to prepare homework or for other
breaches of schooldiscipline.(2)A
period of detention must not be more than—(a)20
minutes during the lunch recess; or(b)onehalfhouraftertheschoolprogramforthedayisfinished.
s
2313s 25Education
(General Provisions) Regulation 200023Homework(1)A
teacher at a State school may require a student to undertakehomework.(2)The
principal of the school may decide what is a reasonableamount to be required as homework.24Transfer of student(1)A parent who wishes to transfer his or
her child’s enrolmentfrom one State school to another must
apply in writing to theprincipal of the school at which the
child is enrolled statingthe name of the school to which the
transfer of enrolment issought.(2)A
principal who receives an application under subsection (1)must—(a)issue
a transfer in the approved form; and(b)give
a copy of the transfer to the student for presentationto
the principal of the State school to which the studentis
transferred; and(c)keep a record of the information
stated in the transfer.(3)This section does
not apply to the following transfers—(a)from
a State preschool centre to another State preschoolcentre;(b)from
a State preschool centre to a State primary school;(c)from a State primary school to a State
secondary school.25Dealing with student records for
students transferringfrom primary school to secondary
school(1)Beforetheendofaschoolyear,theprincipalofaStateprimaryschoolmustgiveallrecordsforstudentswhowilltransfer to a State secondary school
in the following schoolyear to the relevant State secondary
school.(2)The principal of a State primary
school must keep the recordsforstudentsoftheschooltransferringtoanon-Statesecondary
school.
s
2614s 29Education
(General Provisions) Regulation 200026Requests for student records(1)This section applies if a principal of
a State school (aStateprincipal)
receives a request from a principal of a non-Stateschool(anon-Stateprincipal)fortherecordsforastudentwho was enrolled
at the State school and is enrolled or intendsto enrol at the
non-State school.(2)The State principal must forward a
copy of the records for thestudent to the non-State
principal.(3)However,thissectiondoesnotapplytotheprincipalofaState school that is a special
school.(4)Also,ifanon-Stateprincipalreceivesacopyofrecordsrelating to a student who is not, or is not
likely to be, enrolledat the non-State school, the non-State
principal must promptlyreturn the copy to the State
principal.Part 5Religious
instruction27Application for approval of
representativeAn application under section 26(1)6of the Act for approval asan
accredited representative must be in writing.28Approval to be producedIfaskedbytheprincipalofaStateschool,anaccreditedrepresentativeattheStateschoolmustproduceanapprovalgiven to the
representative under section 26(1) of the Act.29Authorised religious instructionAministerofreligionoranaccreditedrepresentativemaygiveonlyreligiousinstructionapprovedbythereligiousdenomination or religious society the
minister or accreditedrepresentative represents.6Section 26 (Religious instruction in
school hours) of the Act
s
3015s 34Education
(General Provisions) Regulation 200030Time
for religious instructionTheprincipalofaStateschoolmustfixthedayonwhichreligious
instruction is given each week.31Students to attend religious
instruction(1)The principal of a State school must
not allow a student toattend religious instruction given by
a minister of religion oranaccreditedrepresentativeotherthanthedenominationorsociety of which the student is a member,
unless the student’sparent has given written consent.(2)However, students may attend classes
arranged for students ofmorethan1denominationorsocietybyagreementoftheministers of the denominations or
societies concerned.32Bringing and leaving sectarian
publications on Stateschool premises(1)Apersonotherthanaministerofreligionoranaccreditedrepresentativemustnotbringonto,oruseon,Stateschoolpremises any denominational or society
publication.(2)A minister of religion or an
accredited representative must notleave on State
school premises any denominational or societypublication used
by the minister or accredited representativefor religious
instruction.33Students withdrawn from religious
instructionThe principal of a State school must arrange
for a student whohasbeenwithdrawnfromallreligiousinstructionbythestudent’sparenttoreceiveotherinstructioninaseparatelocation during
the period arranged for religious instruction.34Register of ministers and accredited
representativesTheprincipalofaStateschoolmustkeeparegisteroftheministers of religion or accredited
representatives who attendtheschoolandthedatesandtimesoftheministers’orrepresentatives’ attendance.
s
3516s 36Education
(General Provisions) Regulation 200035Selected Bible lessonsThe principal of
a State primary or State special school mayarrangeaperiodofonehalfhouraweekforreligiousinstruction in
selected Bible lessons.Part 6Parents and
citizensassociations36Formation of an association(1)The principal of a State school may
call a meeting of parentsand citizens to consider the formation
of a parents and citizensassociation for the school.(2)Ifthepersonspresentatthemeetingdecideanassociationshouldbeformed,itmustbeformedbytheelectionfromamong the persons of the following
officers—(a)a president;(b)at
least 1 vice-president;(c)a
secretary;(d)a treasurer;(e)any
other officers decided by the persons present at themeeting.(3)However, subsections (1) and (2) do not
apply if an interimassociation has been formed.(4)If an interim association is formed,
it must be formed in thesamewayasanassociation,exceptthatthemeetingtoconsidertheformationoftheinterimassociationmaybecalled by the principal’s
supervisor.(5)An interim association is subject to
this part unless a contraryintention appears.
s
3717s 40Education
(General Provisions) Regulation 200037Name
of an associationAnassociationmustbeknownbythenamethe(nameofschool)ParentsandCitizensAssociationorthe(nameofproposed school) Interim Parents and
Citizens Association.38Constitution(1)The
members of an association must frame a constitution assoon
as is practicable after the association is formed.(2)In framing the constitution, the
association must consider themodel
constitution approved by the chief executive.(3)Theconstitutionmustincludeprovisionsaboutthefollowing—(a)theconductofannualgeneral,generalandspecialmeetings;(b)the functions of the officers;(c)the procedures about the accounts of
the association.39Amendment of constitutionAnassociationmayresolvetoamenditsconstitutionbyaresolution passed by a majority of the
members present at anannualgeneralmeetingoraspecialmeetingoftheassociation.40Membership of association(1)Apersonwhoappliesformembershipofanassociationistakentobeamemberifmembershipisnotrefusedbytheassociationwithin2monthsafterthepersonappliesformembership.(2)Apersonisrefusedmembershipofanassociationiftheassociation gives the person written
notice of the refusal andthe reasons for the refusal within 2
months after the personapplies for membership.(3)However,membershipisnotrefusedifthepersonreceivesnotice of the
association’s refusal of the application, but does
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4118s 42Education
(General Provisions) Regulation 2000not receive
written notice of the reasons for the refusal, within2
months after the application is made.41Register of members(1)The
register of members of an association must contain thefollowing information about each
member—(a)the member’s name and address;(b)the date the member became a
member;(c)if the member is not a parent of a
student attending theschool for which the association is
formed—(i)the member’s date of birth; or(ii)a record that the member has stated
the member is18 years or more; or(iii)arecordbythesecretaryoranotherpersonresponsibleformakingentriesintheregisterofmembers that the member appears to be
18 years ormore;(d)for a
member who ceases to be a member, the date themember ceases to
be a member;(e)any other particulars mentioned in the
constitution.(2)Also, the register of members of an
association, other than aninterimassociation,mustcontainthefollowinginformationabout an honorary
life member of the association—(a)thedatethepersonwasawardedhonorarylifemembership;(b)the
basis for the award.42Election of officers of an
association—Act, s 87(1)At each annual
general meeting, members of an associationmust elect
officers of the association.(2)An
officer may only be elected as follows—(a)any2members(thenominatingmembers)maynominateanothermember(thecandidate)tobeanofficer;
s
4319s 44Education
(General Provisions) Regulation 2000(b)the
nomination may be made—(i)at the annual
general meeting; or(ii)ifthecandidatecannotbeattheannualgeneralmeeting,bygivingthesecretary,beforethemeeting,anominationinwritingsignedbythenominating
members and the candidate;(c)if there is only
1 nomination for an office, the candidatewill be elected
to the office if the candidate receives thevotes of a
majority of the members at the meeting;(d)if
there is more than one nomination for an office, thecandidate who receives the most votes will
be elected tothe office.(3)A
retiring officer is eligible for re-election.(4)An
election to fill a casual vacancy may be held at a generalmeeting of the association.43Advice of officers of the
associationThe secretary of an association must give
the chief executivewrittennoticeofthenamesandaddressesoftheofficerselectedwhenanassociationisformedandateachannualgeneral meeting.44Annual general meeting(1)The
annual general meeting of an association for a year mustbeheldwithin3monthsaftertheendoftheprecedingfinancial year as
decided by the association under section 947of
the Act.(2)Tenmembersofanassociationarerequiredtoconstituteaquorum at an annual general meeting unless
the constitutionof the association prescribes a number less
than 10.(3)An association must follow the order
of business prescribed inthe constitution for the conduct of an
annual general meeting.7Section 94
(Financial year) of the Act
s
4520s 47Education
(General Provisions) Regulation 200045Other
meetings(1)General meetings of an association
must be held once a monthat the times the association
decides.(2)Seven members of an association are
required to constitute aquorum at a general or special meeting
unless the constitutionof the association prescribes a number
less than 7.46Notice of meetings(1)Writtennoticeofanannualgeneralmeetingoraspecialmeeting of an association must be given
personally or by postto each member of the
association—(a)for an annual general meeting—at least
14 days beforethe day for the meeting; and(b)for a special meeting—at least 7 days
before the day forthe meeting.(2)A
resolution passed at an association meeting is not invalidmerelybecauseamemberdidnotreceivenoticeofthemeeting.47Audit of association accounts(1)An association’s accounts must be
audited annually.(2)Theauditormustexaminerecordsofcollectionsandpayments,cashbooks,minutesofmeetingsandtheotherrecords of the
association the auditor considers appropriate.(3)Also,
the auditor must verify with financial institutions withwhich
the association has accounts the financial balance heldor,asthecaserequires,owing,soastobeabletocertifywhether or not in
the auditor’s opinion—(a)the association’s
financial statements are in agreementwith the accounts
and are in the required form; and(b)therequirementsforthekeepingofaccountsbytheassociationhavebeencompliedwithinallmaterialrespects; and(c)the
statements have been drawn to present a true and fairview
of the transactions for the financial year and the
s
4821s 49Education
(General Provisions) Regulation 2000financialpositionatthecloseoftheyearonabasisconsistent with
that applied in the preceding year.48Establishment of subcommittees(1)An association may establish the
subcommittees it considersappropriateforpurposesconsistentwiththeobjectivesandfunctions of the association under
sections 83 and 848of theAct.(2)Without limiting subsection (1), the
association may establishsubcommittees—(a)forspecialpurposes,including,forexample,aswimmingclubsubcommitteeoratuckshopsubcommittee;
and(b)for promoting the interests of, and
benefiting generally,a State preschool centre.(3)If the association establishes a
subcommittee, the associationmustappointparticularmemberstobethechairperson,secretary and if
funds are to be raised or expended, treasurerof the
subcommittee.(4)However, the chairperson or secretary
of a subcommittee maynot be the treasurer of the
subcommittee.(5)Theassociationmayimposeonasubcommitteetheconditions the association considers
appropriate.49Dissolution of an association(1)For section 86(c)9of
the Act, an association must be dissolvedifthequestionofdissolutionisputandresolvedintheaffirmative on a
three-fourths majority vote of the memberspresentandentitledtovoteataspecialmeetingcalledtoconsider the question.8Sections 83 (Objectives of an association)
and 84 (Functions of an association) ofthe Act9Section 86 (Dissolution of
association) of the Act
s
5022s 51Education
(General Provisions) Regulation 2000(2)On
dissolution of an association, the following must be dealtwith
by a State school principal’s supervisor as directed by thecorporation—(a)any
property in the name of the association and acquiredby
the association for the use of the school;(b)an
association’s funds after payment of all expenditurelawfully incurred by the association.50Activities of an associationIf
the object of an activity of an association is, or includes,
1ormoreofthefollowingmatters,theconsentofthechiefexecutiveofadepartmentthatdealswithamattermustbeobtained before the activity is
carried out—(a)theconstructionofimprovementstoStateschoolpremises;(b)the
addition of a fixture to State school premises;(c)the
purchase of furniture for the school.51Conduct of school tuckshops and other
amenities by anassociation(1)An
association may conduct, at a State school, a tuckshop orother
amenity (anamenity) other than an
amenity conductedbytheprincipaloftheschool,iftheassociationreasonablybelieves the amenity is likely to help staff
members in theirprofessionaldutiesorhelpstudentsoftheschoolintheirstudies.(2)The chief executive may, by written
notice to an associationthat conducts an amenity under
subsection (1), order—(a)theclosureoftheamenity,ifthechiefexecutivereasonably believes the amenity—(i)isnothelping,orishindering,staffmembersintheir
professional duties; or(ii)isnothelping,orishindering,studentsoftheschool in their
studies; or
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5123s 51Education
(General Provisions) Regulation 2000(b)theimmediateclosureoftheamenity,ifthechiefexecutive reasonably believes—(i)a matter mentioned in paragraph (a)(i)
or (ii); and(ii)itisnecessary,intheinterestsofthehealthorsafetyofthestaffmembersorthestudents,toimmediately close the amenity.(3)Anoticeorderingaclosureundersubsection(2)(a)muststate—(a)theday,notlessthan28daysaftertheassociationreceivesthenotice,whentheamenityistobeclosed;and(b)thereasonsthechiefexecutivebelievesamattermentioned in
subsection (2)(a)(i) or (ii); and(c)that
the association may, within 28 days after receivingthenotice,asktheMinistertoreviewthechiefexecutive’s
decision to order the closure of the amenity.(4)A
notice ordering an immediate closure of an amenity undersubsection (2)(b) must state—(a)that the amenity must be closed
immediately; and(b)thereasonsthechiefexecutivebelievesamattermentioned in
subsection (2)(a)(i) or (ii); and(c)the
reasons the chief executive believes it is necessary,intheinterestsofthehealthorsafetyofthestaffmembersorthestudents,toclosetheamenityimmediately;
and(d)that the association may, within 28
days after receivingthenotice,asktheMinistertoreviewthechiefexecutive’s
decision to order the closure of the amenity.(5)Anassociationmustcomplywithanordertocloseanamenity.(6)Despitesubsection(5),ifanassociationreceivesanoticeundersubsection(2)(a)andaskstheMinistertoreviewthechiefexecutive’sdecisionundersection51A(2),theassociationmaycontinuetoconducttheamenityuntilitreceives written notice under section
51A(3)(c).
s
51A24Education (General Provisions)
Regulation 2000s 5251AMinister to
review decision to close amenity(1)This
section applies if the chief executive gives an associationa
notice under section 51(2).(2)The association
may, within 28 days after receiving the notice,asktheMinistertoreviewthechiefexecutive’sdecisiontoordertheclosureoftheamenitybygivingtheMinisterawritten notice stating the grounds for the
review.(3)The Minister must, as soon as
practicable—(a)reviewthechiefexecutive’sdecisionandconsiderthegrounds for the review; and(b)decidetoaffirmorsetasidethechiefexecutive’sdecision;
and(c)givewrittennoticetotheassociationabouttheMinister’s decision and the reasons
for it.(4)IftheMinisteraffirmsthechiefexecutive’sdecision,theassociation must close the amenity
within the reasonable timestated in the Minister’s
notice.Part 7Dissolution of
school councilsDivision 1Preliminary52Application of partThis part
prescribes circumstances in which a school councilis
dissolved under section 75(1)(b)10of
the Act.10Section 75 (Dissolution of school
council) of the Act
s
5325s 53BEducation
(General Provisions) Regulation 2000Division 2Dissolution for noncompliance witha
public interest direction53Minister to give
a school council a show cause notice(1)This
section applies if the Minister has given a school counciladirectionundersection7911oftheAct(apublicinterestdirection) and
believes the council has not complied with thedirection.(2)The Minister must give the council a
written notice (ashowcause
notice) stating the following—(a)the
reasons for the Minister’s belief that the council hasnot
complied with the public interest direction;(b)if
the council does not comply with the public interestdirection within a stated period (theshow
cause period),the council is liable to be
dissolved;(c)thecouncilmaymakewrittenrepresentationstotheMinister within the show cause period
to show—(i)thatthecouncilhascompliedwiththepublicinterest
direction; or(ii)whythecouncilshouldnotbedissolvedfornotcomplying with
the direction.(3)The show cause period must end not
less than 28 days afterthe show cause notice is given to the
council.53AMinister must consider
representationsTheMinistermustconsider,assoonaspracticable,anywritten representations made under section
53(2)(c) within theshow cause period.53BEnding the show cause process without
further action(1)This section applies if, after
considering the representations,the Minister is
satisfied—11Section 79 (Minister’s power to give
directions in the public interest) of the Act
s
53C26Education (General Provisions)
Regulation 2000s 54(a)thecouncilhascompliedwiththepublicinterestdirection; or(b)the
council should not be dissolved for not complyingwith
the direction.(2)TheMinistermustimmediatelygivethecouncilawrittennotice stating
that no further action is to be taken under theshow cause
notice.53CDissolution of school council(1)Thissectionappliesif,aftertheendoftheshowcauseperiod—(a)therearenorepresentationsmadeundersection53(2)(c); or(b)after
considering all representations made under section53(2)(c), the Minister is satisfied the
council should bedissolvedfornotcomplyingwiththepublicinterestdirection.(2)TheMinistermustgivethecouncilawrittennotice(adissolution notice) that the
council is dissolved from the daythe council
receives the notice.(3)Theschoolcouncilisdissolvedfromthedaythecouncilreceives the
dissolution notice.Division 3When chief
executive may dissolvecouncils54Dissolution by chief executiveA
school council is dissolved if—(a)the
chief executive reasonably considers—(i)the
school council is not satisfactorily fulfilling itsfunctions; or(ii)theschoolcommunitygenerallysupportsthedissolution of the school council;
and
s
5527s 55Education
(General Provisions) Regulation 2000(b)the
chief executive publishes a notice in the EducationOffice gazette dissolving the
council.55Chief executive to consult(1)Beforethechiefexecutivemaydissolveaschoolcouncilunder
section 54, the chief executive must comply with thissection.(2)The
chief executive must consult with the following about theproposed dissolution—(a)the
school council;(b)the school’s principal;(c)the school’s staff members;(d)ifthereisaparentsandcitizensassociationfortheschool—the association;(e)iftheschoolhassecondaryeducationstudents—thesecondary
education students;(f)any other entities the chief executive
considers have aninterest in the school council or its
dissolution.(3)The chief executive must publish, in a
newsletter given to theschool community, a notice
stating—(a)the chief executive is considering
dissolving the schoolcouncil; and(b)the
reasons for the proposed dissolution; and(c)how
submissions about the proposed dissolution may bemadetothechiefexecutive,includingjointsubmissions; and(d)the
day, at least 28 days after the notice is published, bywhich
submissions about the proposal may be given tothe chief
executive.(4)Before making a decision about
dissolving a school council,the chief
executive must have regard to the consultations andthe
submissions the chief executive receives.
s
5628s 57Education
(General Provisions) Regulation 2000(5)Forsubsection(2),thechiefexecutivemayconsultinanyway the chief executive considers
appropriate, including, forexample, by holding a formal
meeting.56Minister to review decision to
dissolve school council(1)This section
applies to a person (anaggrieved person) whomadeasubmissionaboutaproposaltodissolveaschoolcouncil in
accordance with a notice under section 55(3).(2)Ifthechiefexecutivedecidestodissolvethecouncil,theaggrievedpersonmayasktheMinistertoreviewthechiefexecutive’s
decision.(3)The aggrieved person must give the
Minister a written noticestating the grounds for the review
within 28 days after noticeoftheschoolcouncil’sdissolutionispublishedintheEducation Office gazette.(4)The Minister must, as soon as
practicable—(a)reviewthechiefexecutive’sdecisionandconsiderthegrounds for the review; and(b)decidetoaffirmorsetasidethechiefexecutive’sdecision;
and(c)givewrittennoticetotheaggrievedpersonabouttheMinister’s decision and the reasons for
it.(5)If the Minister sets aside the chief
executive’s decision—(a)theMinistermust,assoonaspracticable,publishanoticeintheEducationOfficegazettestatingthatthedecision to
dissolve the council had been set aside; and(b)the
council is taken not to have been dissolved.Part 8Allowances57Textbook and resource allowance(1)TheMinister,onwrittenapplicationbytheprincipaloftheschool at which an approved student is
enrolled, may pay to
s
5829s 58Education
(General Provisions) Regulation 2000the school for
the approved student the textbook and resourceallowance
mentioned in schedule 1, part 1—(a)for
sending to a parent of the student; or(b)for
the benefit of the student, as directed by a parent ofthe
student.(2)In this section—approved
studentmeans a person—(a)who
is enrolled full-time and regularly attends, or for aperson enrolled in a course at a non-State
school that isprovisionallyaccredited,oraccredited,toprovidedistanceeducationoraStateeducationalinstitutionoffering distance
education, regularly participates in—(i)the
course for year 8, 9, 10, 11 or 12 (whether theperson is
repeating the year or not) in—(A)a
State secondary school other than a centrefor continuing
secondary education; or(B)a non-State
secondary school that is a schoolin receipt of
subsidy; or(ii)a course at a campus of the
agricultural college thattakes 2 years to complete full-time;
and(b)who—(i)has
not attained the age of 19 years; or(ii)is
progressing directly from full-time study in year10;
and(c)whoisnotinreceiptofassistancefromtheCommonwealthwhichtheMinisterreasonablyconsiders is designed to provide assistance
of a similarnaturesoastomakepaymentofthetextbookandresource allowance for the person
inappropriate.58School uniform allowanceAparentofastudent,otherthanapreschoolstudent,whoattends a school in receipt of subsidy may
be paid a schooluniform allowance of $50 each year for the
student.
s
5930s 62Education
(General Provisions) Regulation 200059Financial data—Act, s 134AB(2)For
section 134AB(2)12of the Act, the day is 30 June of
eachyear.60Allowances to certain student hostels(1)A person in charge of a student hostel
for the accommodationof students attending a school in
receipt of subsidy, may applyinwritingtotheMinistertobepaidanallowanceforthestudents boarding at the
hostel.(2)The Minister may pay an allowance
mentioned in—(a)if GST is not payable—schedule 1, part
2, division 1; or(b)if GST is payable—schedule 1, part 2,
division 2.61Measurement of distances for certain
allowancesFor calculating the allowances mentioned in
sections 62 to 65,the distance from a student’s home to the
nearest applicableschool is measured—(a)if
there is no school transport service approved by thechief
executive (transport) or public transport service tothe
school—by the shortest trafficable route; or(b)ifthereisaschooltransportserviceapprovedbythechief executive
(transport) or public transport service totheschool—bythetotalofthedistancefromthestudent’s home to the school transport
access point andthe distance travelled by the transport
service from theaccess point to the school.62Remote area tuition allowance(1)This section applies if—(a)a student of a non-State school in
receipt of subsidy (aneligible school), other than a
preschool student—(i)lives in a remote area; and12Section 134AB (Requirement to give
financial data) of the Act
s
6331s 65Education
(General Provisions) Regulation 2000(ii)boards away from home at the eligible school
oranothernon-Stateschoolunderanagreementbetween the
eligible school and the other school;and(b)the eligible school charges for
tuition.(2)TheMinistermayeachyear,onwrittenapplicationbythestudent’s parent, pay the eligible
school a remote area tuitionallowance
mentioned in schedule 1, part 3.63Remote area travel allowance(1)TheMinistermayeachyear,onwrittenapplicationbyastudent’s parent, pay the parent a
remote area travel allowancementioned in
schedule 1, part 4, if the student—(a)lives
in a remote area; and(b)boards away from
home to attend a school in receipt ofsubsidy, other
than for only preschool education; and(c)must
travel 50km or more from the student’s home tothe place where
the student boards.(2)For subsection (1)(c), the distance
from a student’s home tothe place where the student boards is
measured by the shortesttrafficable route.64Remote area agricultural college
allowanceTheMinistermayeachyear,onwrittenapplicationbyastudent’sparent,paytheparentaremoteareaagriculturalcollege allowance
of $1534 if the student—(a)lives in a remote
area; and(b)boardsawayfromhometoattendacampusoftheagriculturalcollegetostudyagricultureatalevelequivalent to
year 11 or 12.65Remote area disability
supplement(1)TheMinistermayeachyear,onwrittenapplicationbyastudent’sparent,paytheparentaremoteareadisabilitysupplement of not
more than $5000 if the student—
s
6632s 67Education
(General Provisions) Regulation 2000(a)lives
in a remote area; and(b)boards away from
home to attend the nearest school inreceipt of
subsidy with special education appropriate tothe
student.(2)To be eligible to receive a remote
area disability supplement,a parent must give the Minister
written evidence that—(a)travel and
accommodation costs of educating the studentare significantly
higher than they would be if the studentdid not require
special education; and(b)the extra costs
incurred are not being met by the totalassistance
otherwise available from both the State andthe Commonwealth
because of the student’s disability.66Students not meeting all requirements for an
allowance(1)Ifastudentorclassofstudentsdoesnotmeetalltherequirements for an allowance
mentioned in section 62, 63 or64,theMinistermaypaytheallowanceforthestudentorclassofstudentsiftheMinisterconsiderstherearespecialcircumstances
warranting payment of the allowance.(2)Withoutlimitingsubsection(1),specialcircumstanceswarranting
payment of an allowance include—(a)where
the student or class of students lives; or(b)whetherthestudentorclassofstudentshasaccesstoschools or transport services; or(c)the health of the student or class of
students.67Allowances or supplement not payable
for certainstudentsTheMinistermustnotpaytheallowancesmentionedinsection 62, 63 or 64, or the
supplement mentioned in section65,forastudentwhoreceivesagrantfromtheCommonwealth under the ABSTUDY
Scheme.
s
6833s 70Education
(General Provisions) Regulation 200068Applications in approved formAn
application for an allowance mentioned in sections 62 to64,
or the supplement mentioned in section 65, must be in theapproved form.69False
or misleading statements an offenceApersonmustnot,inanapplicationforanallowance,scholarship or
supplement under the Act—(a)state anything
the person knows is false or misleading ina material
particular; or(b)omitfromanapplicationanythingwithoutwhichthestatement is, to the person’s
knowledge, misleading in amaterial particular.Maximum penalty—5 penalty units.Part
9Miscellaneous70Reports on students in State schools(1)The chief executive may prepare and
give to a person a reportabout a student for the following
purposes—(a)for the purpose of litigation;(b)for the purpose of supporting the
student as a candidatein a competition;(c)for
the purpose of providing background on the studentfor
media purposes;(d)for another purpose.(2)However,thechiefexecutivemaygivethereporttotheperson only if—(a)acourtortribunalwiththenecessaryjurisdictionhasordered that the report be given to the
person; or(b)the student, or the student’s parent,
has given consent tothe report being given to the person;
or
s
7134s 72Education
(General Provisions) Regulation 2000(c)thechiefexecutiveissatisfiedthereportisnotdetrimental to the student and the
person is an eligibleapplicant.(3)If
the chief executive gives a person a report under subsection(2)(b)or(c),thepersonmustpaythefeeprescribedinschedule 2 for the preparation of the
report.(4)In this section—eligibleapplicantmeansapersonwhosatisfiesthechiefexecutive
that—(a)thepersonhasor,iftheapplicantisaprofessionalpersonmakingapplicationforafee-payingclient,theclient has, a sufficient interest in
the subject matter ofthe proposed report; and(b)itisappropriateinallthecircumstancesthattheproposedreportshouldbepreparedandgiventotheperson.71Reports about student’s results and progress
not to begivenSection 70 does
not apply to a report made periodically and inthe normal course
of school administration about a student’sresults and
progress.72Courses for overseas students(1)An overseas student or intending
overseas student may applyto the chief executive to enrol in an
approved course in a Stateschool.(2)A
person who does not live in Australia may apply to the chiefexecutive to enrol in an approved course in
a State educationalinstitution offering distance
education.(3)An application under subsection (1) or
(2) must be made inthe approved form.(4)Also,
the application must be accompanied by the fee for thecourse that—(a)the
chief executive considers reasonable; and
s
7335s 74Education
(General Provisions) Regulation 2000(b)is
not more than the reasonable cost of the course.(5)The chief executive may approve the
application if the chiefexecutive is reasonably satisfied 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)has adequate arrangements for
accommodation, welfareand supervision.(6)In
this section—approved coursemeans—(a)a registered course within the meaning
of theEducation(Overseas
Students) Act 1996; or(b)a course of
primary or secondary education approved bythe Minister for
this section.intendingoverseasstudentmeansapersonwhointendstobecome an overseas student.overseasstudentmeansapersonwhoholdsastudentvisaissued under theMigration Act
1958(Cwlth).73Student vacations(1)The
Minister must approve the days for student vacations forState
schools.(2)The days approved by the Minister must
be published in theEducation Office gazette.74Additional holidays(1)The following additional holidays must
be observed in a Stateschool—(a)theholidayappointedannuallyfor1localshoworcarnival;
s
7536s 76Education
(General Provisions) Regulation 2000(b)aholidaygrantedtotheschoolbytheGovernor-General,theGovernor,thePremier,theMinister for Education, and other
Ministers;(c)public holidays notified under
theHolidays Act 1983.(2)AholidaygrantedtoaStateschoolunderparagraph(b)applies only to the students of the
school.75Tuckshops—prohibited items(1)The chief executive may, by notice in
the Education Officegazette, prohibit an item, or class of item,
from being sold in aschool’s tuckshop.(2)The
chief executive may prohibit the sale of the item or classof
item if the chief executive reasonably believes the safetyandwellbeingoftheschool’sstudentsis,orwouldbe,adversely affected by the sale of the
item or class of item.(3)Theschool’sprincipalorassociationmustnotsellaprohibiteditem,oranitemofaprohibitedclass,intheschool’s tuckshop.(4)In
this section—sellincludes offer for sale.76Distribution of written material in
State educationalinstitutionsApersonmustnotdistributewrittenmaterialinaStateeducationalinstitutionunlessthepersonhasbeengivenpermission to do
so by the principal or other person in chargeof the
institution or an authorised officer.Maximum
penalty—10 penalty units.
s
76AA37Education (General Provisions)
Regulation 2000s 76AB76AAReport about sexual abuse—Act, ss 146A and
146BAreportundersection146Aor146B13oftheActmustinclude the following
particulars—(a)thenameofthepersongivingthereport(thefirstperson);(b)the student’s
name and sex;(c)details of the basis for the first
person becoming aware,orreasonablysuspecting,thatthestudenthasbeensexually abused by an employee of the
school;(d)details of the abuse or suspected
abuse;(e)anyofthefollowinginformationofwhichthefirstperson is
aware—(i)the student’s age;(ii)the
identity of the employee who has abused, or issuspected to have
abused, the student;(iii)theidentityofanyoneelsewhomayhaveinformation about the abuse or suspected
abuse.76ABFee for distance education—Act, s
24A(1)For section 24A(2)14of
the Act, the fee for the provision ofdistanceeducationtoapersonenrolledinaprogramofdistance education is—(a)in 2006—$500; and(b)in
each later year—$1000.(2)However, the fee
mentioned in subsection (1) is not payableif—(a)the person lives in a remote area;
or(b)the person—13Section 146A (Obligation to report sexual
abuse of student under 18 years attendingState school) or
146B (Obligation to report sexual abuse of student under 18
yearsattending non-State school) of the
Act14Section 24A (Fee for distance
education provided by a State school) of the Act
s
76AB38Education (General Provisions)
Regulation 2000s 76AB(i)can
not attend a State educational institution, otherthan
a school of distance education, for more than80 consecutive
school days because of the person’sstate of health;
and(ii)givesthechiefexecutiveamedicalcertificatestating that
fact; or(c)the person has an itinerant lifestyle;
or(d)the person—(i)isexcludedfrom1ormore,butnotall,Stateeducationalinstitutions,otherthanschoolsofdistanceeducation,undersection36or36E15ofthe Act;
and(ii)wouldliveinaremoteareaiftheinstitution,orinstitutions,fromwhichthepersonisexcludedwere taken not to
be a nearest applicable school forthe purposes of
the definitionremote area; or(e)thepersonisexcludedfromallStateeducationalinstitutions,otherthanschoolsofdistanceeducation,under
section 36E of the Act; or(f)the person can
not attend a State educational institution,other than a
school of distance education, because theperson is caring
for his or her child, or another child forwhomthepersonhasorexercisesparentalresponsibility; or(g)the
person—(i)can not attend a State educational
institution, otherthanaschoolofdistanceeducation,becausethepersoniscaringforsomeone,otherthanachildmentioned in paragraph (f), on a regular
basis; and(ii)givesthechiefexecutiveamedicalcertificatestating that
fact; or(h)the person can not be a mature age
student of a matureage State educational institution because
the person has15Section 36 (Exclusion of student by
supervisor) or 36E (Exclusion of student bychief executive)
of the Act
s
76AB39Education (General Provisions)
Regulation 2000s 76ABbeen issued with
a negative notice under section 26AE16of
the Act; or(i)thepersonisinthecustodyofthechiefexecutive(correctiveservices)atacorrectiveservicesfacilityunder
theCorrective Services Act 2000.(3)For subsection
(2)(c), a person has an itinerant lifestyle if—(a)becauseofthenatureoftheoccupationinwhichtheperson or a parent of the person is
engaged—(i)the person’s principal place of
residence changes atleast twice in the relevant school year or
at least 5timesintheperiodconsistingoftherelevantschoolyearandtheschoolyearimmediatelybefore or after
the relevant school year; or(ii)thepersonspendsatleast60schooldaysoftherelevantschoolyear(consistingofperiodsof5consecutiveschooldaysormore)awayfromtheperson’s principal place of residence;
or(iii)theperson’sprincipalplaceofresidenceisacaravan and the location of the
caravan changes atleast twice in the relevant school year or
at least 5timesintheperiodconsistingoftherelevantschoolyearandtheschoolyearimmediatelybefore or after
the relevant school year; or(iv)theplacewherethepersonliveschangesatleasttwiceintherelevantschoolyearandthepersondoes
not have a principal place of residence; andExamples of an
occupation for paragraph (a)—carnival worker, contract harvester or
shearer(b)thepersonspendsatleast120schooldaysoftherelevant school
year in the State.(4)In this section—caravanmeans
a caravan under theResidential Tenancies Act1994.16Section 26AE (Decision on application) of
the Act
s
76AC40Education (General Provisions)
Regulation 2000s 76ACmedical
certificatemeans a certificate signed by a
registrantunderthePsychologistsRegistrationAct2001oramedicalpractitioner.relevantschoolyearmeanstheschoolyearinrelationtowhichthepersonisenrolledintheprogramofdistanceeducation.76ACWaiver of fee for distance
education(1)The chief executive may waive,
entirely or partly, payment ofthe fee mentioned
in section 76AB(1) for a person if—(a)the
chief executive is satisfied—(i)the
person is, or has been, enrolled in a program ofdistanceeducationandwouldsufferasignificanteducationaldisadvantageifthepersonwerenotable to continue in the program;
and(ii)payment of the fee would cause
financial hardshipto the person liable to pay it; orExample for paragraph (a)—A parent of a child enrolled in a
program of distance educationfor 1 year may be
unable to pay the fee for the following yearbecause of
temporary financial hardship.(b)the
chief executive is satisfied the waiver is appropriateand
reasonable because exceptional circumstances existin
relation to the person.(2)In making a
decision under subsection (1)(b) about waivingpayment of the
fee for a person, the chief executive may haveregard to any
relevant matter of which the chief executive isaware, including,
for example—(a)whetherthepersonwouldsufferasignificanteducational
disadvantage if the person were not able toenrol in a
program of distance education; or(b)whetheraprogramofdistanceeducationisthemostappropriate educational program for the
person.
s
76A41Education (General Provisions)
Regulation 2000s 76E76APrescribed State
school or non-State school—Act, s 167Forsection167(2)17oftheAct,definitionprescribedStateschoolornon-Stateschool,eachschoolmentionedinschedule 2A is prescribed.76BFee—Act, s 26AD(2)(c)(1)For section 26AD(2)(c)18of the Act, the fee is $22.50.(2)However, the chief executive may
waive, entirely or partly,payment of the fee if the chief
executive is satisfied paymentof the fee would
cause financial hardship to the person liableto pay it.Part
9ATransitional provisions76CDefinitions for pt 9AIn this
part—continuing studentsee section
76F(1).pre-amendedregulationmeansthisregulationasinforceimmediately
before 1 January 2006.76DApplication of
partThispartappliesdespitethereferenceinsection63toschedule 1, part 4.76EPurpose of pt 9AThepurposeofthispartistoprescribe,forsection63,theremoteareatravelallowancepayabletotheparentofacontinuing student in 2006 and
2007.17Section 167 (Transitional provision
for compulsory education) of the Act18Section 26AD (Application for mature age
student notice) of the Act
s
76F42Education (General Provisions)
Regulation 2000s 76F76FContinuing
students(1)For this part, a student is acontinuing studentif—(a)the student—(i)was
enrolled at a school in receipt of subsidy at theend
of the 2005 school year; and(ii)iscontinuouslyenrolledataschoolinreceiptofsubsidy; and(b)the
student—(i)for 2006, is in year 9, 10, 11 or 12;
or(ii)for 2007, is in year 10, 11 or 12;
and(c)thestudent’sparentwaspaidaremoteareatravelallowance for the
student for a period ending at the endof the 2005
school year; and(d)both relevant places for the student
do not change fromthe places that were the relevant places for
the student atthe end of the 2005 school year.(2)Astudentiscontinuouslyenrolledataschoolinreceiptofsubsidy—(a)if
the student is enrolled at a school in receipt of subsidyat
the start of the 2006 school year; and(b)while
the student continues to be enrolled at a school inreceipt of subsidy.(3)To
remove any doubt, it is declared that a student continues tobe
enrolled at a school in receipt of subsidy if—(a)the
student ceases to be enrolled at a particular school inreceipt of subsidy; and(b)immediately, or within a reasonable time,
after ceasingto be enrolled, is enrolled at another
school in receipt ofsubsidy.(4)In
this section—relevant place, for a student,
means—(a)the student’s home; or(b)the place where the student
boards.
s
76G43Education (General Provisions)
Regulation 2000s 7776GRemote area
travel allowance for continuing students(1)For
2006 or 2007, the remote area travel allowance payable tothe
parent of a continuing student is the allowance that wouldhave
been payable under the pre-amended regulation.(2)If a
student ceases (thecessation) to be a
continuing student,the remote area travel allowance payable to
the parent of thecontinuing student is—(a)for
the period before the cessation—the allowance underthe
pre-amended regulation; and(b)for the period
after the cessation—the allowance underschedule 1, part
4.(3)TheMinistermaydecide,byanyreasonablypracticablemeans, when the
cessation happened.76HOverpayments(1)This
section applies if the Minister overpays the remote areatravel allowance for a continuing student
because the Ministerwas not aware that a student had ceased to
be a continuingstudent.(2)The
Minister may—(a)ask the parent of the student to
refund the amount of theoverpayment; or(b)deducttheamountoftheoverpaymentfromafuturepayment.Part
10Repeal77RepealTheEducation(GeneralProvisions)Regulation1989isrepealed.
44Education (General Provisions)
Regulation 2000Schedule 1Allowancessections 57, 60, 62 and 63Part
1Textbook and resourceallowance$each year1Years
8, 9 and 10. . . . . . . . . . . . . . . . . . . . . . . . . . . .
. .88.002Years
11 and 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. .195.0032
year full-time course at a campus of the agriculturalcollege . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . .195.00Part
2Allowance for student hostelsDivision 1If GST is not
payableFor a hostel boarding—(a)up to
8 students—$9488 each year; or(b)9to20students—$9488plus$1186foreachstudentmore than 8
students each year; or(c)morethan20students—$23720plus$792foreachstudent more than 20 students each
year.
45Education (General Provisions)
Regulation 2000Division 2Schedule 1
(continued)If GST is payableFor a hostel
boarding—(a)up to 8 students—$10436.80 each year;
or(b)9to20students—$10436.80plus$1304.60foreachstudent more than 8 students each
year; or(c)more than 20 students—$26092 plus
$871.20 for eachstudent more than 20 students each
year.Part 3Remote area
tuition allowance1For a primary school—(a)ifthechargefortuitionisnotmorethan$1220—theamount of the
charge; or(b)if the charge for tuition is more than
$1220—$1220 plus50c for each dollar charged that is more
than $1220, to amaximum of $2441.2For a
secondary school—(a)ifthechargefortuitionisnotmorethan$1759—theamount of the
charge; or(b)if the charge for tuition is more than
$1759—$1759 plus50c for each dollar charged that is more
than $1759, to amaximum of $3517.3For a
school that does not distinguish between primary andsecondary education for certain students
with disabilities andprovides only special education for
those students—(a)for a student who will be less than 13
years at the end ofthe year for which the allowance is
paid—(i)ifthechargefortuitionisnotmorethan$1220—the amount of the charge;
or
46Education (General Provisions)
Regulation 2000Schedule 1 (continued)(ii)ifthechargefortuitionismorethan$1220—$1220plus50cforeachdollarchargedthat
is more than $1220, to a maximum of $2441;and(b)for a student who will be 13 years or
more at the end ofthe year for which the allowance is
paid—(i)ifthechargefortuitionisnotmorethan$1759—the amount of the charge; or(ii)ifthechargefortuitionismorethan$1759—$1759plus50cforeachdollarchargedthat
is more than $1759, to a maximum of $3517.Part 4Remote area travel allowance1The allowance for a year is as
follows—(a)if the distance from a student’s home
to the place wherethe student boards is at least 50km and not
more than500km—40c for each kilometre or part of a
kilometre;(b)if the distance from a student’s home
to the place wherethe student boards is 501km or more—$200
plus $1 foreach kilometre of travel more than
500km.2However—(a)the
minimum allowance for a year is $106; and(b)the
maximum allowance for a year is $1200.
47Education (General Provisions)
Regulation 2000Schedule 2Fees for
preparation of reportssection 701For a
report of 1000 words or less . . . . . . . . . . . . . . . . . .
.2For a report of more than 1000 words
but less than 2000words . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . .3For a
report of 2000 words or more. . . . . . . . . . . . . . . . .
.$87.00116.50174.00
48Education (General Provisions)
Regulation 2000Schedule 2APrescribed State
schools ornon-State schoolssection
76APart 1State
Schools•Allenstown State School•Andergrove State School•Arundel State School•Ashwell State School•Atherton State School•Badu Island State School•Ballandean State School•Blackall State School•Bohlevale State School•Bundaberg South State School•Bwgcolman Community School•Caboolture East State School•Cairns West State School•Camp Hill State Infants School•Caningeraba State School•Capalaba State School•Cawarral State School•Charleville School of Distance
Education•Charlton State School•Chinchilla State School•Clermont State School•Clontarf Beach State
School
49Education (General Provisions)
Regulation 2000Schedule 2A (continued)•Coorparoo State School•Doomadgee State School•Edge
Hill State School•Eight Mile Plains State School•Fairview Heights State School•Forest Lake State School•Forest Ridge State School•Gayndah State School•Geebung State School•Golden Beach State School•Goodna State School•Goovigen State School•Gympie South State School•Happy Valley State School•Helensvale State School•Highfields State School•Hilder Road State School•Inala State School•Indooroopilly State School•Jambin State School•Kelvin Grove State College•Kimberley Park State School•Kuluin State School•Labrador State School•Leichhardt State School•Longreach School of Distance
Education•MacGregor State School•Maleny State School
50Education (General Provisions)
Regulation 2000Schedule 2A (continued)•Mareeba State School•Marsden State School•Maryborough Central State School•Meridan State College•Mirani State School•Mitchelton State School•Montville State School•Mount Murchison State School•Mount Warren Park State School•Mt Isa School of Distance
Education•Mudgeeraba Creek State School•Murray River Upper State School•Newmarket State School•Norville State School•Pialba State School•Proserpine State School•Prospect Creek State School•Rasmussen State School•Regents Park State School•Richlands East State School•Richmond Hill State School•Robina State School•Rockhampton North Special
School•Seven Hills State School•Silkstone State School•Stafford State School•Stanthorpe State School•St George State School;
51Education (General Provisions)
Regulation 2000Schedule 2A (continued)•Stretton State College•Taabinga State School•Tamrookum State School•Tannum Sands State School•Tewantin State School•Thangool State School•Thornlands State School•Thursday Island State School•Tullawong State School•Ubobo State School•Vienna Woods State School•Watson Road State School•West End State School•Westmar State School•Whitfield State School•Wondall Heights State School•Woodridge North State School•Woorabinda State School•Wowan State School•Wyandra State School•Wyreema State SchoolPart 2Non-State schools•Aboriginal & Islander Independent
Community School•Assisi Catholic College
(Coomera)
52Education (General Provisions)
Regulation 2000Schedule 2A (continued)•Bundaberg Christian College•Caloundra Christian College•Concordia Primary School
(Toowoomba)•Darra-Jindalee Catholic School•Good Shepherd Lutheran College
(Noosa)•Ipswich Girls’ Grammar School•Islamic School of Brisbane•Our Lady of Lourdes School
(Ingham)•Rockhampton Grammar School•St Anthony’s (North
Rockhampton)•St Anthony’s Primary School
(Deeragun)•St Columba’s School (Dalby)•St James Primary School
(Coorparoo)•St John the Baptist Catholic Primary
School (Gladstone)•St Joseph’s Tobruk Memorial School
(Beenleigh)•St Mary’s Primary School
(Taroom)•St Michael’s School (Palm
Island)•St Patrick’s School (Emerald)•St Rita’s School (Babinda)•St Saviour’s Primary School
(Toowoomba)•St Thomas’ School (Mareeba)•St Williams Primary School
(Grovely)
53Education (General Provisions)
Regulation 2000Schedule 3Dictionarysection 3accreditedrepresentativemeansarepresentativeofareligiousdenominationorreligioussocietywhohasbeenapproved by the Minister under section
26(1)19of the Act, togive religious
instruction.agricultural collegemeans the
agricultural college under theAgricultural
College Act 2005.auditor, for a parents
and citizens association, means a personappointedundertheFinancialAdministrationandAuditRegulation
1995, section 3.20authorised officermeans an officer
or an officer of the classof officers authorised by the Minister
under section 20 of theActtogivepermissionfortheuseofaStateeducationalinstitution.chief executive
(transport)means the chief executive of
thedepartmentinwhichtheTransportOperations(PassengerTransport) Act
1994is administered.continuing
studentsee section 76C.nearest
applicable schoolmeans the following—(a)forcalculatingaremoteareatuitionallowanceundersection62oraremoteareatravelallowanceundersection 63—the
nearest State school with the requiredyear level for a
student;(b)forcalculatingaremoteareaagriculturalcollegeallowanceundersection64—thenearestStateschoolwith year 11 or
12 level of schooling as required by astudent;19Section 26 (Religious instruction in
school hours) of the Act20FinancialAdministrationandAuditRegulation1995,section3(Exemptionofparents and citizens associations from audit
by Auditor-General—Act, s 74)
54Education (General Provisions)
Regulation 2000Schedule 3 (continued)(c)forcalculatingaremoteareadisabilitysupplementundersection65—thenearestschoolinreceiptofsubsidywiththeappropriatespecialeducationasrequired by a student;(d)for
deciding if a fee under section 76AB(1)21is
payablefor the provision of distance education to a
person—thenearest State school with the required year
level for theperson.permitted
usermeans the person to whom a permission to
useaStateeducationalinstitutionhasbeengivenundersection2022of the Act.pre-amended
regulationsee section 76C.preparatory
trial year of instructionsee section 167(2)23ofthe Act.public interest
directionsee section 53.remote
area, for deciding if a student lives in a
remote area,means—(a)where
the student’s home—(i)is not less than 16km from the nearest
applicableschool; and(ii)isnotlessthan4.5kmfromaschooltransportservice approved by the chief executive
(transport)orapublictransportservicetothenearestapplicable school; or(b)where
the student’s home—(i)is not less than 16km from the nearest
applicableschool; and(ii)is
less than 4.5km from a school transport serviceapprovedbythechiefexecutive(transport)ora21Section 76AB (Fee
for distance education—Act, s 24A)22Section 20 (Use of State educational
institutions) of the Act23Section 167
(Transitional provision for compulsory education) of the
Act
55Education (General Provisions)
Regulation 2000Schedule 3 (continued)publictransportservicetothenearestapplicableschool;
and(iii)is—(A)notlessthan56kmfromthenearestapplicable school
using the route travelled bythe transport
service; or(B)not less than 3 hours travelling time
per dayfrom the nearest applicable school using
thetransport service.school
council, for a State school, means the school
councilestablished under section 5024of the Act for the school.school in receipt of subsidysee
section 134A(1)25of the Act.show cause
noticesee section 53.show cause
periodsee section 53.social
functionmeans an event or occasion—(a)towhichpersonsareinvitedbyoronbehalfoftheproposed
permitted user; and(b)thathappensonthepremisesofaStateeducationalinstitutionhiredforthepurposebytheproposedpermitted user.staffmembers,foraschool,meansthepersonswhoareemployedattheschool,whetherornotthepersonsareteachers.subcommitteemeansasubcommitteeestablishedbyanassociation.24Section 50 (Establishment) of the Act25Section 134A (Provision of
scholarships and allowances) of the Act
57Education (General Provisions)
Regulation 20004Table of reprintsReprints are
issued for both future and past effective dates. For the most
up-to-date tableof reprints, see the reprint with the latest
effective date.Ifareprintnumberincludesaletterofthealphabet,thereprintwasreleasedinunauthorised, electronic form only.ReprintNo.11A1B rv1C
rvAmendments tonone2000
SL No. 3162001 SL No. 2732001 SL No.
273Effective1 July
20008 December 200021 December
20011 January 2002Reprint
date5 July 200020 December
200021 December 20011 January
2002ReprintNo.1D22A2B2C2D2E2F33A3B3C3D3EAmendments
includedEffective2002 SL No.
220—2002 SL No. 3442002 SL No.
3442003 SL No. 382003 SL No.
3232004 SL No. 22004 SL No.
19—2004 Act No. 442004 SL No. 227
(amd2004 SL No. 269)2004 Act No.
442004 SL No. 3192005 SL No.
1642005 SL No. 2862005 SL No.
3122006 Act No. 230 August
200230 August 200213 December
20021 January 200314 March
20031 January 200423 January
200419 April 200419 April
200418 November 20041 January
200522 July 20051 January
20061 July 2006NotesR1D
withdrawn, see R2R2F withdrawn, see R35List
of legislationEducation (General Provisions) Regulation
2000 SL No. 153made by the Governor in Council on 29 June
2000notfd gaz 30 June 2000 pp 736–48ss
1–2 commenced on date of notificationremaining
provisions commenced 1 July 2000 (see s 2)exp 1 September
2010 (see SIA s 54)Note—The expiry date may have changed since
this reprint was published. See thelatest reprint of
the SIR for any change.amending legislation—
58Education (General Provisions)
Regulation 2000Education (General Provisions) Amendment
Regulation (No. 1) 2000 SL No. 316notfd gaz 8
December 2000 pp 1374–7commenced on date of
notificationEducation (Accreditation of Non-State
Schools) Regulation 2001 SL No. 211 ss 1–2,19notfd
gaz 23 November 2001 pp 1088–91ss 1–2 commenced
on date of notificationremaining provisions commenced 1
January 2002 (see s 2)Education (General Provisions)
Amendment Regulation (No. 1) 2001 SL No. 273notfd gaz 21
December 2001 pp 1482–8commenced on date of
notificationEducation (General Provisions) Amendment
Regulation (No. 1) 2002 SL No. 220notfd gaz 30
August 2002 pp 1557–61ss 1–2 commenced on date of
notificationss 3–4 commenced 21 December 2001 (see s
2)remaining provision commenced on date of
notificationEducation (General Provisions) Amendment
Regulation (No. 2) 2002 SL No. 344notfd gaz 13
December 2002 pp 1266–9ss 1–2 commenced on date of
notificationss 6, 7, 9 commenced 1 January 2003 (see s
2)remaining provisions commenced on date of
notificationEducation (General Provisions) Amendment
Regulation (No. 1) 2003 SL No. 38notfd gaz 14
March 2003 pp 979–80commenced on date of notificationEducation (General Provisions) Amendment
Regulation (No. 2) 2003 SL No. 323notfd gaz 12
December 2003 pp 1203–7ss 1–2 commenced on date of
notificationremaining provisions commenced 1 January
2004 (see s 2)Education (General Provisions) Amendment
Regulation (No. 1) 2004 SL No. 2notfd gaz 23
January 2004 pp 276–7commenced on date of
notificationEducation Legislation Amendment Regulation
(No. 1) 2004 SL No. 19 pts 1–2notfd gaz 19
March 2004 pp 1073–4ss 1–2 commenced on date of
notificationremaining provisions commenced 19 April 2004
(see s 2)Education (General Provisions) Amendment
Regulation (No. 2) 2004 SL No. 227(this regulation
is amended, see amending legislation below)notfd gaz 29
October 2004 pp 734–7ss 1–2 commenced on date of
notificationremaining provisions commenced 1 January
2005 (see s 2)amending legislation—
59Education (General Provisions)
Regulation 2000Education (General Provisions) Amendment
Regulation (No. 3) 2004 SL No.269 (amends 2004
SL No. 227 above)notfd gaz 10 December 2004 pp 1195–8commenced on date of notificationEducation Legislation Amendment Act 2004 No.
44 ss 1–2(1), pt 7date of assent 18 November 2004ss
1–2 commenced on date of assents 41 commenced 1
January 2005 (see s 2(1))remaining provisions commenced on date
of assentLocal Government (Community Government Areas)
Regulation 2004 SL No. 319 ss1–2, 23 sch
1notfd gaz 17 December 2004 pp 1277–85ss
1–2 commenced on date of notificationremaining
provisions commenced 1 January 2005 (see s 2)Education
Legislation Amendment Regulation (No. 1) 2005 SL No. 164 s 1, pt
2notfd gaz 22 July 2005 pp 988–9commenced on date of notificationEducation Legislation Amendment Regulation
(No. 2) 2005 SL No. 286 pts 1–2notfd gaz 2
December 2005 pp 1268–71ss 1–2 commenced on date of
notificationremaining provisions commenced 1 January
2006 (see s 2)Education (General Provisions) Amendment
Regulation (No. 1) 2005 SL No. 312notfd gaz 16
December 2005 pp 1490–6ss 1–2 commenced on date of
notificationremaining provisions commenced 1 January
2006 (see s 2)Child Employment Act 2006 No. 2 ss 1–2, pt 6
div 2date of assent 22 February 2006ss
1–2 commenced on date of assentremaining
provisions commenced 1 July 2006 (see s 2)6List
of annotationsDefinitionss 3amd
2002 SL No. 344 s 4Liquor not to be taken onto premises in dry
placess 12sub 2003 SL No. 323 s 4amd
2004 SL No. 319 s 23 sch 1Approval for liquor to be taken onto
premises in restricted areass 13sub
2003 SL No. 323 s 4Hours during which child of age of compulsory
attendance not to be employed—Act,s 119s
20om 2006 Act No. 2 s 44
60Education (General Provisions)
Regulation 2000Conduct of school tuckshops and other
amenities by an associations 51sub 2001 SL No.
273 s 3Minister to review decision to close
amenitys 51Ains 2001 SL No. 273 s 4PART
7—DISSOLUTION OF SCHOOL COUNCILSDivision
1—Preliminarydiv hdgins 2001 SL No.
273 s 5Application of parts 52sub
2001 SL No. 273 s 5Division 2—Dissolution for noncompliance with
a public interest directiondiv hdgins 2001 SL No.
273 s 5Minister to give a school council a show
cause notices 53sub 2001 SL No. 273 s 5Minister must consider representationss
53Ains 2001 SL No. 273 s 5Ending the show
cause process without further actions 53Bins
2001 SL No. 273 s 5Dissolution of school councils
53Cins 2001 SL No. 273 s 5Division 3—When
chief executive may dissolve councilsdiv hdgins
2001 SL No. 273 s 5Textbook and resource allowances
57amd 2001 SL No. 211 s 19(2); 2005 SL No. 164
s 4Financial data—Act, s 134AB(2)s
59amd 2002 SL No. 344 s 5sub 2004 Act No.
44 s 40Allowances to certain student hostelss
60amd 2000 SL No. 316 s 3; 2001 SL No. 273 s
6; 2002 SL No. 344 s 6; 2003SL No. 38 s 3;
2005 SL No. 286 s 4Remote area tuition allowances
62sub 2001 SL No. 273 s 7amd 2005 SL No.
286 s 5Remote area travel allowances
63amd 2005 SL No. 286 s 6Remote area
agricultural college allowances 64amd
2001 SL No. 273 s 8; 2002 SL No. 344 s 7; 2003 SL No. 323 s 5;
2004SL No. 227 s 4; 2005 SL No. 164 s 5; 2005 SL
No. 286 s 7Remote area disability supplementprov
hdgamd 2000 SL No. 316 s 4s 65amd
2000 SL No. 316 s 4
61Education (General Provisions)
Regulation 2000Students not meeting all requirements for an
allowances 66amd 2000 SL No. 316 s 5Allowances or supplement not payable for
certain studentsprov hdgamd 2000 SL No.
316 s 6(1)s 67amd 2000 SL No. 316 s 6(2)Applications in approved forms
68amd 2000 SL No. 316 s 7False or
misleading statements an offences 69amd
2000 SL No. 316 s 8Report about sexual abuse—Act, ss 146A and
146Bs 76AAins 2004 SL No.
19 s 4Fee for distance education—Act, s 24As
76ABins 2005 SL No. 312 s 4Waiver of fee for
distance educations 76ACins 2005 SL No.
312 s 4Prescribed State school or non-State
school—Act, s 167s 76Ains 2002 SL No. 344 s 8Fee—Act, s 26AD(2)(c)s 76Bins
2004 Act No. 44 s 41amd 2005 SL No. 286 s 8PART
9A—TRANSITIONAL PROVISIONSpt 9A (ss 76C–76H)ins 2005 SL No.
286 s 9SCHEDULE 1—ALLOWANCESamd 2000 SL No.
316 s 9sub 2001 SL No. 273 s 9amd 2002 SL No.
220 ss 4 (retro), 5; 2002 SL No. 344 s 9; 2003 SL No. 38 s4;
2003 SL No. 323 s 6; 2004 SL No. 227 s 5 (amd 2004 SL No. 269 s
3);2004 Act No. 44 s 42; 2005 SL No. 164 s
6sub 2005 SL No. 286 s 10SCHEDULE 2—FEES
FOR PREPARATION OF REPORTSsub 2004 SL No. 227 s 6amd
2005 SL No. 286 s 11SCHEDULE 2A—PRESCRIBED STATE SCHOOLS OR
NON-STATE SCHOOLSins 2002 SL No. 344 s 10amd 2003 SL No.
323 s 7; 2004 SL No. 2 s 3; 2004 SL No. 227 s 7; 2005 SLNo.
286 s 12SCHEDULE 3—DICTIONARYdef“agricultural college”sub 2005 SL No.
164 s 7def“continuing student”ins
2005 SL No. 286 s 13def“nearest applicable school”amd
2002 SL No. 344 s 11; 2005 SL No.312 s 5def“pre-amended regulation”ins
2005 SL No. 286 s 13def“preparatory trial year of
instruction”ins 2003 SL No. 38 s 5