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This is a Bill, not an Act. For current law, see the Acts databases.
EDUCATION AMENDMENT BILL 2009 (NO 2)
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mr Steve Doszpot)
Education
Amendment Bill 2009 (No 2)
Contents
Page
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mr Steve Doszpot)
Education Amendment
Bill 2009 (No 2)
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 2009 (No 2).
This Act commences on 1 February 2010.
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 21).
4 New
sections 17B and 17C
in chapter 2, insert
17B Guidelines—students returning to school
after suspension
(1) The chief executive must issue guidelines about students returning to
school after suspension.
Note For suspension of students, see s 36 (government schools), s
104 (Catholic systemic schools) and s 105 (other non-government
schools).
(2) A guideline is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(3) The principal of a school must take reasonable steps to comply with
the guidelines.
17C Review of operation of
guidelines
(1) The Minister must review the first year of operation of the guidelines
issued under section 17A.
(2) The Minister must present a report on the review to the Legislative
Assembly within 3 months after the end of the first year of operation of the
guidelines.
(3) This section expires 2 years after the day it commences.
5 Establishing
government schools etcSection 20 (3),
example
omit
Hindmarsh Education Centre
substitute
Murrumbidgee Education and Training Centre
6 Suspension,
exclusion or transfer of student by chief
executiveSection 36
(6)
substitute
(6) If the student is suspended for 7 or more school days in a school term
(whether or not consecutive school days), the chief executive must ensure that
the student is given a reasonable opportunity to attend appropriate
counselling.
7 Section
36 (7) to (10) and note
substitute
36A Immediate suspension by chief
executive
(1) The chief executive may immediately suspend a student mentioned in
section 36 (1) (a) for not longer than 5 days if, in the chief executive’s
opinion, the circumstances are of such urgency or seriousness as to require the
student’s immediate suspension.
(2) The chief executive need only comply with section 36 (5) to the
extent that it is practicable and appropriate to do so.
(3) To remove any doubt, the chief executive may suspend a student under
this section while deciding what other action (if any) should be taken in
relation to the student under section 36.
36B Delegation by chief
executive
(1) The chief executive may delegate the chief executive’s power to
suspend a student from a government school for not longer than 20 days to
the school’s principal.
(2) The chief executive may delegate the chief executive’s power to
transfer a student from a government school to another government school to a
public servant.
Note For the making of delegations and the exercise of delegated
functions, see the Legislation Act, pt 19.4.
8 Appointment
of authorised persons (government)New
section 67 (4)
insert
(4) To remove any doubt, a person may be both an authorised person
(government) and an authorised person (non-government).
9 Applications
for in-principle approval for proposed
registrationSection 83
(7)
substitute
(7) The chief executive must make a copy of the application for
in-principle approval available for inspection free of charge to the public
during normal business hours at the office of an administrative unit
administered by the chief executive.
10 Deciding
in-principle applicationsSection 84
(7)
substitute
(7) The chief executive must make a copy of the Minister’s reasons
available for inspection free of charge to the public during normal business
hours at the office of an administrative unit administered by the chief
executive.
11 Application
for provisional registrationSection 85
(5)
substitute
(5) The chief executive must make a copy of the application for
provisional registration available for inspection free of charge to the public
during normal business hours at the office of an administrative unit
administered by the chief executive.
12 Application
for registrationSection 87
(4)
substitute
(4) The chief executive must make a copy of the application for
registration available for inspection free of charge to the public during normal
business hours at the office of an administrative unit administered by the chief
executive.
13 Application
for registration at additional
campusSection 88A (5)
substitute
(5) The chief executive must make a copy of the application for
registration available for inspection free of charge to the public during normal
business hours at the office of an administrative unit administered by the chief
executive.
14 Application
for registration at additional educational
levelsSection 89 (5)
substitute
(5) The chief executive must make a copy of the application for
registration available for inspection free of charge to the public during normal
business hours at the office of an administrative unit administered by the chief
executive.
15 Suspension,
transfer or exclusion of students—Catholic systemic
schoolsSection 104 (6) and
(7)
substitute
(6) If the student is suspended for 7 or more school days in a school term
(whether or not consecutive school days), the director must ensure that the
student is given a reasonable opportunity to attend appropriate
counselling.
(7) If the director excludes a student from all Catholic systemic schools,
the director must give the registrar written notice of the exclusion.
Note Director—see the dictionary.
16 Section
104 (8) to (12)
substitute
104A Immediate suspension by
director
(1) The director may immediately suspend a student mentioned in section
104 (1) (a) for not longer than 5 days if, in the director’s opinion, the
circumstances are of such urgency or seriousness as to require the
student’s immediate suspension.
(2) The director need only comply with section 104 (5) to the extent
that it is practicable and appropriate to do so.
(3) To remove any doubt, the director may suspend a student under this
section while deciding what other action (if any) should be taken in relation to
the student under section 104.
104B Delegation by director
The director may delegate the director’s power to suspend a student
from a school for not longer than 20 days to the school’s
principal.
Note For the making of delegations and the exercise of delegated
functions, see the Legislation Act, pt 19.4.
17 Appointment
of authorised persons (non-government)New
section 119 (4)
insert
(4) To remove any doubt, a person may be both an authorised person
(government) and an authorised person (non-government).
18 Schedule
1, new item 3A
insert
3A
|
36A
|
immediately suspend student
|
parents of student
|
chief executive
|
insert
• administrative unit
• public servant
20 Dictionary,
new definition of director
insert
director means the person occupying the position prescribed
by regulation for this definition.
21 Education
Regulation 2005, section 6 heading
substitute
6 Catholic systemic schools—Act, dict, def
director
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2009.
2 Notification
Notified under the Legislation Act on 2009.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2009
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