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This is a Bill, not an Act. For current law, see the Acts databases.
EDUCATION AMENDMENT BILL 2006
2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Education and Training)
Education
Amendment Bill 2006
Contents
Page
2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Education and Training)
Education Amendment
Bill 2006
A Bill for
An Act to amend the
Education Act 2004, and
for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Education Amendment Act 2006.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Education Act 2004.
Note This Act also amends the Education Regulation 2005 (see
s 47).
4 General
principles of ActSection
7 (1)
omit
, or in the education of children of school age in the ACT,
substitute
, or in the school or home education of children in the ACT,
omit
, or in the education of children of school age in the ACT,
substitute
, or in the school education of children in the ACT,
6 Main
objects of ActSection
8 (a)
omit
in relation to school education
substitute
in relation to education
omit
compulsory school education
substitute
compulsory education
8 Minister
to seek adviceSection
19
relocate to division 3.5.3 as section 66
9 Education
to be freeSection 26 (2) and
(3)
substitute
(2) However, the Minister may determine guidelines about charges for
activities, services and facilities provided in relation to a government
school.
(3) To remove any doubt, subsection (1) has effect subject to any
guideline in force under subsection (2).
(4) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
26A Exceptions to s 26
(1) Section 26 (1) does not apply—
(a) in relation to course money paid to a registered provider;
or
(b) to people who hold a temporary visa under the Migration
Act 1958 (Cwlth), section 30 (2).
(2) In this section:
course money—see the Education Services for Overseas
Students Act 2000 (Cwlth), section 7.
registered provider—see the Education Services for
Overseas Students Act 2000 (Cwlth), section 5.
10 Definitions
for pt 3.4Section 37, definition of
prescribed period, paragraph (a) (i)
omit
1 March
substitute
1 April
11 Section
37, definition of prescribed period, paragraph (b)
omit
February
substitute
March
12 Declaration
of parents and citizens associations in certain
circumstancesSection
40 (3)
omit
subsection (2) or (3)
substitute
subsection (1) or (2)
omit
under subsection (1)
substitute
under subsection (4)
substitute
41 Composition of school boards
generally
omit
Constitution
substitute
Composition
substitute
42 Composition of school boards of small
schools
omit
Constitution
substitute
Composition
substitute
43 Composition of school boards of school-related
institutions and other schools in special circumstances
omit
constitution
substitute
composition
20 Procedures
governing proceedings of school
boardsSection 48 (4)
(a)
omit
Constitution
substitute
Composition
21 Functions
of council (government)Section 55 (d),
note
substitute
Note The Minister must present a copy of any advice given under s
55 (a) or (b) to the Legislative Assembly (see s 66A).
22 New
division 3.5.3 heading
after section 65, insert
Division 3.5.3 Other provisions relating to
council (government)
23 Annual
report by council (government)Section
66
omit
24 Division
3.6.3 heading
omit
25 Protection
of members of school boardsSection
72
relocate to division 3.4.3 as section 49A
26 Minister
to present advice of council
(government)Section 73
relocate to division 3.5.3 as section 66A
27 Minister
to seek adviceSection
76
relocate to division 4.4.3 as section 118
substitute
79 Register of non-government
schools
(1) The registrar must keep a register of non-government
schools.
(2) A person may, without charge, inspect the register of non-government
schools during ordinary business hours at the office of the chief
executive.
(3) A person may, on payment of the reasonable copying costs, obtain a
copy of all or part of the register.
29 Applications
for in-principle approval for proposed
registrationSection 83 (3) and
(4)
substitute
(3) The application must state the day the person proposes to begin
operating the school or operating the school at the additional educational level
(the proposed opening day).
(4) The proposed opening day must be at least 2 years, but not more than 4
years, after the day the application is made.
substitute
104 Suspension, transfer or exclusion of
students—Catholic systemic schools
31 Functions
of council (non-government)Section 107,
note
substitute
Note The Minister must present a copy of any advice given under s
107 (a) or (b) to the Legislative Assembly (see s 118A).
32 New
division 4.4.3 heading
after section 117, insert
Division 4.4.3 Other provisions relating to
council (non-government)
33 Annual
report by council (non-government)Section
118
omit
34 MiscellaneousDivision
4.5.3 heading
omit
35 Inspection
of register of non-government
schoolsSection 126
omit
36 Minister
to present advice of council
(non-government)Section
127
relocate to division 4.4.3 as section 118A
substitute
130 Provisional registration for home
education
(1) The parents of a child may apply to the chief executive for
registration of the child for home education.
(2) On receiving an application under subsection (1), the chief executive
must provisionally register the child for home education.
(3) Provisional registration for home education ends—
(a) 6 months after the day the provisional registration begins;
or
(b) if the child is registered sooner under section 131 (3)—on the
day the child is registered.
38 Registration
for home educationSection 131 (1)
substitute
(1) This section applies if a child is provisionally registered for home
education under section 130.
39 Registration
of childSection
133 (1)
omit
(1)
omit
41 Members
of school boardsSection
166
omit
Constitution
substitute
Composition
42 Schedule
1, part 1.2, item 5, column 3
omit
a shorter period than the period applied for
substitute
less than 2 years
43 Dictionary,
definition of appointed member, board appointed member and parents and
citizens member
omit
Constitution
substitute
Composition
44 Dictionary,
definition of proposed opening day
omit
83 (4)
substitute
83 (3)
45 Dictionary,
definitions of staff member and student
member
omit
Constitution
substitute
Composition
46 Further
amendments, mentions of child etc
|
column 1
item
|
column 2
provision
|
column 3
omit
|
column 4
substitute
|
|
1
|
section 7 (2) (b) (vii)
|
children
|
students
|
|
2
|
section 7 (2) (e)
|
children
|
students
|
|
3
|
section 18 (c)
|
children
|
students
|
|
4
|
section 18 (d) (i)
|
children
|
students
|
|
5
|
section 18 (e)
|
children’s
|
students’
|
|
6
|
section 25 (1)
|
child
|
student
|
|
7
|
section 25
|
child’s
|
student’s
|
|
8
|
section 27
|
child
|
student
|
|
9
|
section 27 (2) (b)
|
child’s
|
student’s
|
|
10
|
section 29 (2) and (4)
|
children
|
students
|
|
11
|
section 29 (4)
|
Children
|
Students
|
|
12
|
section 30 (1)
|
children
|
students
|
|
13
|
section 31 heading
|
children
|
students
|
|
14
|
section 31 (1)
|
child
|
student
|
|
15
|
section 33 (1)
|
child
|
student
|
|
16
|
section 34 (2) (a)
|
children
|
students
|
|
17
|
section 35 (1) (a)
|
children
|
students
|
|
18
|
section 35 (3)
|
child
|
student
|
|
19
|
section 35 (3)
|
child’s
|
student’s
|
|
20
|
section 36 heading
|
child
|
student
|
|
21
|
section 36
|
child
|
student
|
|
22
|
section 36
|
child’s
|
student’s
|
|
23
|
section 36 (1) (a) (iv)
|
children
|
students
|
|
24
|
section 81 heading
|
children
|
students
|
|
25
|
section 81 (1)
|
child
|
student
|
|
26
|
section 82
|
child
|
student
|
|
27
|
section 100 (1)
|
child
|
student
|
|
28
|
section 101 (2) (a)
|
children
|
students
|
|
29
|
section 102 (1) (a)
|
children
|
students
|
|
30
|
section 102 (3)
|
child
|
student
|
|
31
|
section 102 (3)
|
child’s
|
student’s
|
|
32
|
section 103 (1)
|
child
|
student
|
|
33
|
section 103 (1)
|
child’s
|
student’s
|
|
34
|
section 103 (2)
|
child’s
|
student’s
|
|
35
|
section 104
|
child
|
student
|
|
36
|
section 104
|
child’s
|
student’s
|
|
37
|
section 104 (1) (a) (iv)
|
children
|
students
|
|
38
|
section 105 heading
|
children
|
students
|
|
39
|
section 105
|
child
|
student
|
|
40
|
section 105
|
child’s
|
student’s
|
|
41
|
section 105 (1) (a) (iv)
|
children
|
students
|
|
42
|
section 149
|
child
|
child or student
|
|
43
|
schedule 1, part 1.2, item 3, column 3
|
child
|
student
|
|
44
|
schedule 1, part 1.2, item 3, column 4
|
child
|
student
|
|
45
|
dictionary, definitions of approved educational course
(government) and approved educational course
(non–government)
|
children
|
students
|
|
46
|
dictionary, definition of exclusion
|
child
|
student
|
47 Education
Regulation 2005, section 7 heading
substitute
7 Home education register—Act, s 133
(a)
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2006.
2 Notification
Notified under the Legislation Act on 2006.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2006
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