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SCHOOL EDUCATION ACT 1999
TABLE OF PROVISIONS
Long Title
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Objects
4. Terms used in this Act
5. Meaning of “pre-compulsory education period”
6. Meaning of “compulsory education period”
8. Notes not part of Act
PART 2 -- Enrolment and attendance
Division 1 -- Compulsory education with alternatives in year 11 and year
Subdivision 1 -- Enrolment of children of compulsory school age
9. When enrolment compulsory
10. Ways in which section 9 satisfied
11. Exemption by Minister
Subdivision 1A -- Alternatives to the operation of section 9 for children in year 11 and year 12
11A. Terms used in this Subdivision
11B. Options available
11C. Participation to be full-time
11D. Notice of arrangements to be given to Minister
11E. Special provision for enrolment in a combination of courses
11F. Effect of notice
11G. Approval required for employment option
11H. Notice of employment to be given and effect of the notice
11I. Requirement to participate in chosen options
11J. What constitutes participation
11K. Dealings with parents
11L. Designation as an independent child
11M. Functions of Minister in relation to this Subdivision
11N. Regulations
Subdivision 2 -- Inquiries to check compliance with sections 9 and 11I
12. Authorised persons
13. Powers of authorised person
14. Certificate of authorisation
15. Offence of pretending to be an authorised person
Division 2 -- Enrolment, all schools
16. Information to be provided
17. Change of particulars
18. Principal may act on application by one parent
19. Enrolment register
20. Cancellation of enrolment
21. Removal from register
Division 3 -- Attendance, all schools
22. Term used in sections 25, 27 and
23. Attendance
24. Arrangements alternative to attendance
25. Non-attendance for reasonable cause
26. Referral to an Attendance Panel where doubtful reasons given about non-attendance
27. Principal may require non-attendance for health reasons
28. Attendance records
29. Employment during school hours
Division 4 -- Government schools, absence for special observance
30. Non-attendance for religious or cultural observance
31. Days to which section 30 applies
Division 5 -- Absentee students and non-participating children
Subdivision 1 -- Preliminary
32. Terms used in this Division
Subdivision 2 -- Attendance officers
33. Attendance officers
34. Certificate of designation
35. Offence of pretending to be an attendance officer
Subdivision 3 -- Powers of attendance officers
36. Powers of attendance officers to inquire
37. Offence of obstructing etc.
Subdivision 4 -- Dealing with non-attendance and non-participation and enforcing attendance and participation
38. Breaches of section 23
39. Appointment of Attendance Panels
40. Referral to Attendance Panel of persistent breaches of section 23
41. No prosecution unless non-compliance with advice or assistance offered by an Attendance Panel
42. No prosecution without certificate of Panel or chief executive officer and report of Panel
43. Parent to bring child before court
44. Proof of certain matters
45. Conduct of prosecutions
Division 6 -- Home education
46. Term used in this Division
47. Application for registration
48. Registration
49. Home educator to inform chief executive officer of certain matters
50. Home education moderators
51. Evaluation of child’s educational programme and progress
52. Chief executive officer may give notice of concern and require evaluation
53. Cancellation of registration
54. Review of decision to cancel registration
PART 3 -- Government schools
Division 1 -- Establishment, closure etc.
55. Establishment
56. Closure and amalgamation
57. Consultation
58. Permanent closure, notice of proposal to be given
59. Permanent closure, when notice of proposal not required
60. Local-intake schools
Division 2 -- Functions of chief executive officer, principals and teachers
61. Functions of chief executive officer
62. Principal
63. Functions of principal
64. Functions of teachers
65. Functions not to be inconsistent with certain industrial arrangements
Division 3 -- Educational instruction
66. Terms used in this Division
67. Curriculum
68. Curriculum not to promote certain subject-matter
69. Special religious education
70. Consultation with Council
71. Parent may withdraw child from special religious instruction etc.
72. Principal may exempt child from particular classes
73. Educational programme for children with a disability
Division 4 -- Enrolment
74. Application for enrolment
75. Enrolment
76. General residential qualification
77. Enrolment of children below compulsory school age
78. Enrolment of children of compulsory school age at local-intake school
79. Enrolment of children of compulsory school age at other schools
81. Enrolment of persons beyond their compulsory education period
82. Issues arising on certain applications under this Division for enrolment
83. Cancellation where enrolment found to be inappropriate
84. Matters to be considered under sections 82 and 83 about educational programme
85. Chief executive officer may refer to advisory panel
86. Decisions under sections 82 and 83 relating to children with a disability
87. Disabilities Advisory Panels
Division 5 -- Suspension and exclusion
88. Terms used in this Division
89. Breach of school discipline
90. Suspension for breach of school discipline
91. Grounds for exclusion from the school
92. Chief executive officer may exclude from attendance at school
93. School Discipline Advisory Panels
94. Orders that may be made
95. Principal may exclude students above compulsory age
96. Review of decisions under section 95
Division 6 -- Financial provisions
Subdivision 1 -- Fees for instruction, charges, contributions and costs
97. Terms used in this Subdivision
98. Limitation on matters for which fees for instruction and charges may be imposed
99. Charges and contributions for the provision of certain materials, services and facilities
100. Extra cost optional components of educational programmes
101. Optional components that are not extra cost optional components to be available to certain students
102. Principal to collect charges, contributions and costs
103. Overseas students and adult students
104. Financial hardship
105. Students (other than overseas or adult students) cannot be excluded for non-payment of charges
106. Recovery
107. Agreements to pay costs not affected
108. Items for personal use in educational programme
Subdivision 2 -- School funds
109. General Purposes Fund
110. Funds for special purposes
111. Management of school funds
112. What may be credited
113. Bank account
114. Certain provisions not to apply
115. Investment of school funds
116. Closure or amalgamation of school
Division 7 -- Other management provisions
117. School year for government schools
118. Disputes and complaints
119. Management and control of school premises
120. Dealing with persons disrupting school premises
121. Dissemination of certain information on school premises
122. Dealings with a parent
123. General management
Division 8 -- Parent and community involvement
Subdivision 1 -- School Councils
124. Term used in this Subdivision
125. Government school to have a Council
126. Exemptions and approvals
127. Constitution of Councils
128. Functions of Councils
129. Minister may approve additional functions for a Council
130. Incorporated Council may have prescribed additional functions if approved by the Minister
131. Certain property vested in Minister
132. Council not concerned in school management
133. Powers of Council
134. Principal to provide support
135. Council to comply with Minister’s directions
136. Procedures
137. Protection from liability
138. Minister may dismiss Council
139. Winding up of Council that is incorporated
140. Regulations
Subdivision 2 -- Parents and Citizens’ Associations
141. Terms used in this Subdivision
142. Formation of Parents and Citizens’ Associations
143. Objects etc.
144. Certain property vested in Minister
145. Incorporation
146. Transitional provision
147. Information to be given to principal
148. Winding up of associations
149. Other associations
PART 4 -- Non-government schools
Division 1 -- Preliminary
150. Terms used in this Part
151. References to chief executive officer
152. Delegation by the chief executive officer
153. Minister may give directions to the chief executive officer
Division 2 -- Registration of non-government schools
154. Offence of carrying on unregistered school etc.
155. Offence of false representation
156. Scheme of registration
157. Minister may make advance determination of certain issues
158. Application for registration
159. Matters to be considered by Minister
160. Grant or refusal of registration
161. Minister to notify decision within 3 months
162. Certificate of registration
163. Period of registration
164. Renewal of registration
165. Amendment of conditions
166. Minister may give directions
167. Cancellation of registration
168. Review of decisions in relation to registration
Division 3 -- Non-government school systems
Subdivision 1 -- Recognition of systems
169. Recognized school systems
170. Revocation of order
171. Inclusion of a registered school in a school system
172. Withdrawal of a school from a school system
Subdivision 2 -- System agreements
173. Minister may make agreements with non-government school systems
174. Contents of a system agreement
175. Termination of a system agreement
Division 4 -- Inspections and provision of information
176. Inspection on notice
177. Inspection without notice
178. Proof of authority
179. Offence of obstructing an inspection
180. Notice of change of premises
181. Provision of information by registered schools
Division 5 -- Funding
182. Minister may allocate moneys
183. Orders as to funding
184. Contents of orders
185. Accountability
Division 6 -- Loans for capital works
186. Minister may lend money
187. Borrowing by the Minister
188. Moneys to be credited and charged to operating account
189. Guarantee by the Treasurer
190. Payments under guarantee
PART 5 -- Community kindergartens
Division 1 -- Preliminary
191. Term used in this PART
Division 2 -- Registration of community kindergartens
192. Scheme of registration
193. Application for registration
194. Matters to be considered by Minister
195. Grant or refusal of registration
196. Minister to notify decision within 3 months
197. Registration
198. Amendment of conditions
199. Age limit on attendance
200. Cancellation of registration
201. Review of decisions in relation to registration
Division 3 -- Operation and management of community kindergartens
202. Minister may give directions
203. Extent of role of governing body as to certain matters
204. Certain staff to be appointed by chief executive officer
205. Functions of kindergarten teachers
206. Curriculum and enrolment
207. Limitation on fees for instruction and charges
209. Dealing with persons disrupting community kindergarten premises and dissemination of certain information on community kindergarten premises
210. Chief executive officer may allocate moneys
211. Accountability
212. Regulations
PART 6 -- Administration
Division 1 -- The Minister
213. Term used in this Division
214. Minister to be body corporate
215. Property vested in Minister
216. Powers of Minister
217. Treasurer to consider proposals under section 216(2)(c)
218. Licences for use of certain property
219. Licences for community use of certain property
220. When school fund to receive money paid under certain licences
221. When school fund to receive money paid for advertising or sponsorship
222. Power to exempt
223. Review by Minister
224. Delegation
225. Subdelegation
226. Documents presumed duly executed
227. Accountability under this Division
Division 2 -- The department
228. Department
229. Chief executive officer
230. Delegation by chief executive officer
231. Minister may give directions to the chief executive officer
232. Chief executive officer may give directions to a principal
233. CEO’s Instructions
Division 3 -- Staff employed in the department
234. Terms used in this Division
235. Categories of staff
236. Provisions applicable to teaching staff, other officers and wages staff
237. Classification of teaching staff
238. Transfer of teacher to another category of employee
239. Teaching staff and other officers, substandard performance and disciplinary matters
240. Employee may be ordered to leave school premises
Division 4 -- Advisory panels
241. Advisory panels
PART 7 -- Miscellaneous
242. Confidentiality
243. Legal proceedings
244. Regulations
245. Review of Act
246. Repeal, savings and transitional
SCHEDULE 1 -- Transitional provisions
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