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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  
           Compilation table


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