EDUCATION ACT 2004

Australian Capital Territory Consolidated Acts

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EDUCATION ACT 2004

TABLE OF PROVISIONS

Long Title

CHAPTER 1--GENERAL

PART 1.1--PRELIMINARY

1. Name of Act
3. Dictionary
4. Notes
5. Offences against Act—application of Criminal Code etc
6. Meaning of parent and carer

PART 1.2--GENERAL PRINCIPLES AND OBJECTS

7. General principles of Act
8. Main objects of Act

CHAPTER 2--COMPULSORY EDUCATION

PART 2.1--PRELIMINARY--CH 2

9. Meaning of compulsory education age—ch 2
9A. Meaning of education course and education
9B. Meaning of completes year 10—Act
9C. Meaning of completes year 12—Act
9D. Guidelines—certain director-general functions

PART 2.2--COMPULSORY EDUCATION REQUIREMENTS

Division 2.2.1--Enrolment, registration and attendance requirements

10. Child of compulsory education age—enrolment and registration
10A. Child of compulsory education age—school attendance

Division 2.2.2--Participation requirement

10B. Meaning of participates in education course—div 2.2.2
10C. Meaning of full-time participation in education course—div
10D. Child of compulsory education age—participation requirement
11. Participation requirement—absence
11A. Participation requirement—suspension
11B. Participation requirement—exclusion

Division 2.2.3--Information requirement

11C. Giving information notice
11D. Contents of information notice
11E. Extension of time for compliance with information notice
11F. Revocation of information notice on compliance

PART 2.3--EXEMPTION CERTIFICATES

11G. Meaning of full-time participation requirement—pt 2.3
11H. Exemption certificate—application
12. Exemption certificate—requirement for further information
12A. Exemption certificate—issue
12B. Exemption certificate—form
12C. Exemption certificate—conditions
12D. Exemption certificate—duration
13. Exemption certificate—revocation

PART 2.4--AFTER YEAR 10--TRAINING AND EMPLOYMENT ALTERNATIVES

Division 2.4.1--Definitions—pt 2.4

13A. Meaning of training alternative and training alternative
13B. Meaning of employment alternative—Act
13C. Meaning of full-time participation in training or employment alternative—pt

Division 2.4.2--Approval to participate in training and employment alternatives

13D. Approval statement—application
14. Approval statement—requirement for further information
14A. Approval statement—issue
14B. Approval statement—form
14C. Approval statement—conditions
14D. Approval statement—compliance requirement
15. Approval statement—duration
15A. Approval statement—revocation
15B. Return to education while approval statement in force

Division 2.4.3--Training and employment alternatives—deemed participation

15C. Training and employment alternatives—absence
15D. Training alternative—suspension
16. Training alternative—exclusion
16A. Employment alternative—termination

PART 2.5--COMPLIANCE NOTICES

16B. Giving compliance notice
16C. Contents of compliance notice
16D. Extension of time for compliance with compliance notice
17. Revocation of compliance notice on compliance

PART 2.6--OFFENCES--PARENTS

17A. Contravention of information and compliance notices

CHAPTER 3--GOVERNMENT SCHOOLS

PART 3.1--GENERAL

18. Principles on which ch 3 based

PART 3.2--ESTABLISHMENT AND OPERATION OF GOVERNMENT SCHOOLS

20. Establishing government schools etc
20A. Independent committee
20B. Impacts of closing or amalgamating schools
21. Operation of government schools
22. Investigation of complaints—government schools
23. Review of government school system
24. Review of operation of government schools
25. Reporting to parents—government schools
26. Education to be free
27. Voluntary financial contributions
28. Secular education
29. Religious education
30. Curriculum
31. Approved educational courses for students at government schools

PART 3.3--ATTENDANCE AT GOVERNMENT SCHOOLS

32. Keeping of register of enrolments and attendances for government
33. Keeping records of enrolment and attendances for government schools
34. Inspection of register of enrolment and attendances for government
35. Procedures to encourage school attendance at government schools
36. Suspension, exclusion or transfer of student by director-general

PART 3.4--SCHOOL BOARDS OF GOVERNMENT SCHOOLS

Division 3.4.1--Interpretation

37. Definitions for pt 3.4

Division 3.4.2--Establishment and membership

38. Establishment of school boards
39. Functions of school boards etc
40. Declaration of parents and citizens associations in certain
41. Composition of school boards generally
42. Composition of school boards of small schools
43. Composition of school boards of school-related institutions and other schools in special
44. Ending of appointment of members of school board
45. Chairperson and deputy chairperson of school boards
46. School boards to take part in selection of school principals

Division 3.4.3--Proceedings of school boards

47. Time and place of meetings of school boards
48. Procedures governing proceedings of school boards
49. Disclosure of interests by members of school boards
49A. Protection of members of school boards

Division 3.4.4--Financial matters

50. School boards to approve budgets
51. Application of money of school
52. School boards to approve financial statement and report
53. School boards to make available summaries of budget and annual report

PART 3.5--GOVERNMENT SCHOOLS EDUCATION COUNCIL

Division 3.5.1--Establishment and membership

54. Establishment of council (government)
55. Functions of council (government)
56. Membership of council (government)
57. Appointed members of council (government)
58. Deputy chairperson of council (government)
59. Term of appointment to council (government)
60. Ending of appointment to council (government)
61. Conditions of appointment generally of appointed members
62. Arrangements for staff

Division 3.5.2--Proceedings of council (government)

63. Time and place of meetings of council (government)
64. Procedures governing proceedings of council (government)
65. Disclosure of interests by members of council (government)

Division 3.5.3--Other provisions relating to council (government)

66. Minister to seek advice
66A. Minister to present advice of council (government)

PART 3.6--OTHER PROVISIONS

Division 3.6.1--Authorised persons (government)

67. Appointment of authorised persons (government)
68. Identity cards for authorised persons (government)

Division 3.6.2--Inspection powers for government schools

69. Power not to be exercised before identity card shown etc
70. Entry to government schools
71. Powers on entry

CHAPTER 4--NON-GOVERNMENT SCHOOLS

PART 4.1--GENERAL

74. Meaning of school in ch 4
75. Principles on which ch 4 based
77. Registrar
78. Functions of registrar
79. Register of non-government schools
80. Availability of information about operation of non-government schools and their educational
81. Approved educational courses for students at non-government schools

PART 4.2--REGISTRATION--NON-GOVERNMENT SCHOOLS

82. Schools to be registered
83. Applications for in-principle approval for proposed registration
84. Deciding in-principle applications
85. Application for provisional registration
86. Provisional registration
87. Application for registration
88. Registration
88A. Application for registration at additional campus
88B. Registration at additional campus
89. Application for registration at additional educational levels
90. Registration at additional educational levels
91. Conditions of provisional registration or registration
92. Certificate of provisional registration or registration
93. Period of provisional registration and registration
94. Investigation of complaints—non-government schools
95. Cancellation of provisional registration or registration
96. Application for renewal of registration
97. Renewal of registration
98. Inspection of panel reports for school registration etc

PART 4.3--ATTENDANCE AT NON-GOVERNMENT SCHOOLS

99. Keeping of register of enrolments and attendances for non-government
100. Keeping records of enrolment and attendances for non-government
101. Inspection of register of enrolment and attendances for non-government
102. Procedures to encourage attendance at non-government schools
103. Reporting to parents—non-government schools
104. Suspension, transfer or exclusion of students—Catholic systemic
105. Suspension or exclusion of students—other non-government schools

PART 4.4--NON-GOVERNMENT SCHOOLS EDUCATION COUNCIL

Division 4.4.1--Establishment and membership

106. Establishment of council (non-government)
107. Functions of council (non-government)
108. Membership of council (non-government)
109. Members of council (non-government)
110. Deputy chairperson of council (non-government)
111. Term of appointment to council (non-government)
112. Ending of appointment to council (non-government)
113. Conditions of appointment generally of council (non-government)
114. Arrangements for staff

Division 4.4.2--Proceedings of council (non-government)

115. Time and place of meetings of council (non-government)
116. Proceedings of council (non-government)
117. Disclosure of interests by members of council (non-government)

Division 4.4.3--Other provisions relating to council (non-government)

118. Minister to seek advice
118A. Minister to present advice of council (non-government)

PART 4.5--OTHER PROVISIONS

Division 4.5.1--Authorised persons (non-government)

119. Appointment of authorised persons (non-government)
120. Identity cards for authorised persons (non-government)

Division 4.5.2--Inspection powers for non-government schools

121. Power not to be exercised before identity card shown etc
122. Entry to non-government schools for inspections
123. Entry to non-government schools with consent
124. Consent to entry
125. Powers on entry

CHAPTER 5--HOME EDUCATION

PART 5.1--GENERAL

128. Principles on which ch 5 based

PART 5.2--REGISTRATION--HOME EDUCATION

129. Meaning of home education
130. Provisional registration for home education
131. Registration for home education
132. Conditions of registration for home education
133. Registration of child
134. Period of registration
135. Cancellation of registration for home education
136. Certificate of registration for home education
137. Renewal of registration for home education
138. Home education reports
139. Home education register

CHAPTER 6--MISCELLANEOUS

PART 6.1--NOTIFICATION AND REVIEW OF DECISIONS

140. Definitions—pt 6.1
141. Internal review notices
142. Applications for internal review
143. Applications not stay reviewable decisions
144. Internal review
145. Reviewable decision notices
145A. Applications to ACAT

PART 6.2--OTHER PROVISIONS

146A. Student transfer register
147. Offences on school premises
148. Obligations on parents
149. Notification of parents
150. Minister may grant scholarships etc
151. Gifts and donations
152. Education trust fund
153. Notices of intention under former education Act to conduct schools at additional
153A. Evidence—certificate signed by principal etc
154. Approved forms
155. Regulation-making power
SCHEDULE 1
DICTIONARY
ENDNOTES

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