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This is a Bill, not an Act. For current law, see the Acts databases.
EDUCATION (PARTICIPATION) AMENDMENT BILL 2009
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Education and Training)
Education
(Participation) Amendment Bill 2009
Contents
Page
Part
1.1 Children and Young People Act
2008 39
Part 1.2 Evidence
(Miscellaneous Provisions) Act 1991 41
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Education and Training)
Education
(Participation) Amendment Bill 2009
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 (Participation) Amendment Act
2009.
This Act commences on 1 January 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 following legislation (see sch
1):
• Children and Young People Act 2008
• Evidence (Miscellaneous Provisions) Act 1991.
4 Main
objects of ActSection 8
(b)
substitute
(b) to promote compulsory education by ensuring that—
(i) children complete year 10; and
(ii) children participate in education until they are 17 years old or
complete year 12 (whichever happens first), with the opportunity to participate
in training or employment after year 10; and
(ba) to state the circumstances in which school attendance is not
required, including providing for suspension and exclusion from school;
and
substitute
Chapter 2 Compulsory
education
Part 2.1 Preliminary—ch
2
9 Meaning of compulsory education age—ch
2
For this chapter, a child is of compulsory education age if
the child is at least 6 years old and under the age that the first of the
following happens:
(a) the child is 17 years old;
(b) the child completes year 12.
9A Meaning of education course and
education provider—Act
(1) For this Act, each of the courses mentioned in table 9A, column 2
is an education course, and the entity mentioned in column 3 for
the course is the provider (the education provider) of the
course.
(2) Also, the chief executive may approve another course as an
education course and an entity as the provider (the
education provider) of the course.
(3) An approval is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
Table 9A
column 1
item
|
column 2
education course
|
column 3
education provider
|
1
|
a course of study
|
a school
|
2
|
a course of study
|
a school under a law of a State or another Territory
|
3
|
a course of study leading to the completion of year 10 or year 12
|
a registered training organisation under the Training and Tertiary
Education Act 2003 or a registered training organisation (however
described) under a law of a State or another Territory
|
4
|
a vocational education and training course under the Training and
Tertiary Education Act 2003
|
a registered training organisation under the Training and Tertiary
Education Act 2003
|
5
|
a vocational education and training course (however described) under a law
of a State or another Territory
|
a registered training organisation (however described) under a law of a
State or another Territory
|
6
|
a higher education course under the Training and Tertiary Education
Act 2003
|
a higher education provider under the Training and Tertiary Education
Act 2003
|
7
|
a higher education course under the Training and Tertiary Education
Act 2003
|
a university under the Training and Tertiary Education
Act 2003
|
9B Meaning of completes year
10—Act
(1) For this Act, a child completes year 10 at an education
provider if the child—
(a) is awarded or has completed the requirements for being awarded a year
10 certificate (however described) by the provider; or
(b) is given or has completed the requirements for being given a high
school record (however described) in relation to year 10 by the provider;
or
(c) is awarded a certificate (however described) approved by the chief
executive.
(2) An approval is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(3) Also, for this Act, a child completes year 10
if—
(a) the child is awarded or has completed the requirements for being
awarded a year 10 certificate (however described) in a State or another
Territory under a law of the State or Territory; or
(b) the chief executive is satisfied on reasonable grounds that the child
has completed year 10 or its equivalent in the ACT, a State, another Territory
or a foreign country.
(4) A child mentioned in subsection (3) (b) may be given a certificate or
record by the chief executive.
Note If a form is approved under s 154 for s (4), the form must be
used.
9C Meaning of completes year
12—Act
(1) For this Act, a child completes year 12 if the child is
awarded or has completed the requirements for being awarded—
(a) a year 12 certificate (however described) by the Board of Senior
Secondary Studies under the Board of Senior Secondary Studies Act 1997;
or
(b) a certificate equivalent to a year 12 certificate that shows
completion of a higher education pre-entry course; or
Examples
1 the Certificate of General Education for Adults (at Certificate II or
above)
2 the International Baccalaureate
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(c) a certificate equivalent to a year 12 certificate issued under the
AQF; or
Example
the Australian Qualification Framework (AQF) Certificate II
(d) a certificate (however described) approved by the chief
executive.
(2) An approval is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(3) Also, for this Act, a child completes year 12
if—
(a) the child is awarded or has completed the requirements for being
awarded a year 12 certificate (however described) in a State or another
Territory under a law of the State or Territory; or
(b) the chief executive is satisfied on reasonable grounds that the child
has completed year 12 or its equivalent in the ACT, a State, another Territory
or a foreign country.
(4) A child mentioned in subsection (3) (b) may be given a certificate or
record by the chief executive.
Note If a form is approved under s 154 for s (4), the form must be
used.
(5) In this section:
AQF—see the Training and Tertiary Education Act
2003, dictionary.
9D Guidelines—certain chief executive
functions
(1) The chief executive may make guidelines about the exercise of the
chief executive’s functions under the following provisions:
• section 10 (5) (c) (Child of compulsory education
age—enrolment and registration requirement);
• section 10A (3) (Child of compulsory education age—enrolment
and registration requirement);
• section 10D (4) (Child of compulsory education
age—participation requirement);
• section 14D (3) (Approval statement—compliance
requirement).
(2) A guideline is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(3) The chief executive must comply with any guidelines.
Part 2.2 Compulsory education
requirements
Division 2.2.1 Enrolment, registration and
attendance requirements
10 Child of compulsory education age—enrolment
and registration requirement
(1) This section applies if a child—
(a) lives in the ACT; and
(b) is of compulsory education age.
(2) The child’s parents must do either or both of the
following:
(a) enrol the child at an education provider for the purpose of the
provider’s education course not later than 14 days after the day the
course starts;
(b) apply to register the child for home education not later than
10 school term days after the first of the following happens:
(i) the start of the school year;
(ii) the day the child begins to live in the ACT.
(3) Also, the child’s parents must enrol the child under
subsection (2) (a) not later than 10 school term days
after—
(a) the day the child turns 6 years old; or
(b) for a child who has not completed year 10—the day the child
begins to live in the ACT.
(4) If the child’s enrolment at an education provider is cancelled
by the child’s parents, the parents must do either or both of the
following within 14 days after the day the enrolment is cancelled:
(a) enrol the child at another education provider for the purpose of the
provider’s education course;
(b) apply to register the child for home education.
(5) This section does not apply if—
(a) an exemption certificate is in force for the child; or
(b) the child is participating in a training or employment alternative in
accordance with part 2.4 (After year 10—training and employment
alternatives); or
(c) the child’s parents have an excuse for not complying with this
section that the chief executive is satisfied is a reasonable excuse.
Note 1 The chief executive must comply with any guidelines about the
exercise of the chief executive’s functions under s (5) (c) (see s
9D).
Note 2 For offences in relation to this requirement, see pt 2.6
(Offences—parents).
10A Child of compulsory education age—school
attendance requirement
(1) This section applies if a child—
(a) lives in the ACT; and
(b) is of compulsory education age; and
(c) is enrolled at a school.
(2) The child’s parents must ensure that the child—
(a) attends the school on every day, and during the times on every day,
when the school is open for attendance; and
(b) attends every activity of the school (including attendance at an
approved educational course) that the school requires the child to
attend.
(3) This section does not apply if the child’s parents have an
excuse for not complying with this section that the chief executive is satisfied
is a reasonable excuse.
Note 1 The chief executive must comply with any guidelines about the
exercise of the chief executive’s functions under s (3) (see s
9D).
Note 2 For offences in relation to this requirement, see pt 2.6
(Offences—parents).
Division 2.2.2 Participation
requirement
10B Meaning of participates in education
course—div 2.2.2
For this division, a child participates in an education
course if the child complies with—
(a) the provider’s requirements about physically attending, at
particular times, the provider’s premises or another place; or
(b) for an education course that is completed by distance education
(however described)—the provider’s requirements for distance
education.
Examples—par (b)
1 complete and return the assigned work for the course
2 communicate with or contact the provider for the purpose of participating
in the course
3 attend the provider for 1 week twice a year
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
10C Meaning of full-time participation in
education course—div 2.2.2
(1) For this division, full-time participation in an
education course means participation in the course—
(a) at a level that is full-time under the requirements of the course;
or
(b) for at least 25 hours each week.
(2) Also, for this division, full-time participation in an
education course includes—
(a) part-time participation in 2 or more education courses to an extent
that is at least equivalent to full-time participation in 1 education
course; and
(b) participation in any combination of the following that is equivalent
to full-time participation in 1 education course:
(i) an education course;
(ii) a training alternative;
(iii) an employment alternative.
Note A child needs the chief executive’s approval to
participate in a training or employment alternative (see pt 2.4 (After year
10—training and employment alternatives)).
10D Child of compulsory education
age—participation requirement
(1) This section applies if a child—
(a) lives in the ACT; and
(b) is of compulsory education age; and
(c) is enrolled at an education provider other than a school for the
purpose of the provider’s education course.
(2) The child’s parents must ensure that the child participates in
the education course.
(3) Also, the child’s participation must be—
(a) full-time participation (the full-time participation
requirement); or
(b) if an exemption certificate is in force for the child for the
course—participation in accordance with the certificate.
(4) This section does not apply if the child’s parents have an
excuse for not complying with this section that the chief executive is satisfied
is a reasonable excuse.
Note 1 The chief executive must comply with any guidelines about the
exercise of the chief executive’s functions under s (4) (see s
9D).
Note 2 For offences in relation to this requirement, see pt 2.6
(Offences—parents).
11 Participation
requirement—absence
A child’s participation in an education course is taken for this Act
to continue during an absence that is—
(a) allowed under the requirements of the course or by the provider of the
course; or
(b) required under a territory law or a law of the Commonwealth, a State
or another Territory.
Example—par (b)
Will is absent from an education provider because a public health direction
under the Public Health Act 1997 requires that he be confined to home for
2 weeks.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
11A Participation
requirement—suspension
(1) This section applies if a child participating in an education course
stops attending the provider because the child has been suspended from attending
the provider.
(2) The child’s participation in the course is taken for this Act to
continue during the suspension period.
11B Participation
requirement—exclusion
(1) This section applies if a child participating in an education course
stops attending the provider because the child has been excluded from attending
the provider.
(2) The child’s participation in the course is taken for this Act to
continue—
(a) at the same level as before the exclusion; and
(b) for the time reasonably required for the child to resume participation
in an education course or apply for approval to participate in a training or
employment alternative under part 2.4 (After year 10—training and
employment alternatives).
Division 2.2.3 Information
requirement
11C Giving information notice
(1) This section applies if a child—
(a) lives in the ACT; and
(b) is at least 6 years old but under 17 years old.
(2) The chief executive may give a written notice (an information
notice) to the child’s parents if the chief executive believes on
reasonable grounds that—
(a) the child is not enrolled at an education provider; or
(b) the child is not registered for home education; or
(c) if the child is enrolled at a school—the child is not attending
the school; or
(d) if the child is enrolled at an education provider other than a school
for the purpose of the provider’s education course—the child is not
participating in the course or the child is contravening section 10D (3) (Child
of compulsory education age—participation requirement); or
(e) the child is not participating in a training or employment alternative
in accordance with part 2.4 (After year 10—training and employment
alternatives).
Note For how documents may be served, see the Legislation Act, pt
19.5.
11D Contents of information
notice
(1) An information notice in relation to a child must—
(a) state that it is an information notice under this Act; and
(b) state the information sought; and
(c) state what the child’s parents need to do to comply with the
notice; and
(d) state the period for complying with the notice; and
(e) contain a statement to the effect that failure to comply with the
notice is an offence.
(2) The information notice may include any other information the chief
executive considers appropriate.
11E Extension of time for compliance with information
notice
(1) This section applies if a child’s parents have been given an
information notice.
(2) The chief executive may, by written notice given to the child’s
parents, extend the compliance period for the information notice on the chief
executive’s own initiative or if asked by the parents.
(3) However, the chief executive may extend the compliance period only if
the period has not ended.
(4) In this section:
compliance period means the period stated in the information
notice under section 11D (1) (d), and includes the period as extended under this
section.
11F Revocation of information notice on
compliance
If the chief executive is satisfied on reasonable grounds that an
information notice given to a child’s parents has been complied with, the
chief executive must revoke the notice by written notice given to the
parents.
Part 2.3 Exemption
certificates
11G Meaning of full-time participation
requirement—pt 2.3
In this part:
full-time participation requirement—see section 10D
(3).
11H Exemption
certificate—application
(1) A child or the child’s parents may apply to the chief executive
for a certificate (an exemption certificate) exempting the child
from—
(a) the requirement to be enrolled at an education provider or registered
for home education; or
Note See s 10 (Child of compulsory education age—enrolment and
registration requirement).
(b) the full-time participation requirement.
Note See s 10D (Child of compulsory education
age—participation requirement).
(2) Application may be made for either or both of the following:
(a) exempting the child until the child is 17 years old or for a
shorter period;
(b) exempting the child from the full-time participation
requirement.
(3) An application made by a child must contain the signed consent of the
child’s parents.
(4) However, subsection (3) does not apply if the chief executive is
satisfied on reasonable grounds that it is not appropriate to require the signed
consent.
Note If a form is approved under s 154 for this provision, the form
must be used.
12 Exemption certificate—requirement for
further information
(1) The chief executive may give an applicant mentioned in
section 11H (1) a written notice requiring the applicant to give the
chief executive stated further information or documents that the chief executive
reasonably needs to decide the application.
(2) If the applicant does not comply with the requirement, the chief
executive may refuse to consider the application further.
12A Exemption
certificate—issue
(1) The chief executive may—
(a) issue an exemption certificate for a child if the chief executive is
satisfied on reasonable grounds that it is in the child’s best interests
to issue the certificate; or
(b) refuse to issue an exemption certificate for a child.
(2) Without limiting subsection (1) (a), in deciding whether it is in a
child’s best interests to exempt the child, the chief executive may
consider the following:
(a) the child’s health;
(b) the child’s education;
(c) the child’s sense of racial, ethnic, religious or cultural
identity;
(d) the child’s development;
(e) whether the exemption would benefit the child.
Example—par (e)
Felicity’s education alternative finishes shortly before she turns
17. The chief executive is satisfied that exempting Felicity from participating
in another education alternative until she turns 17 benefits her, because it
means that she is not compelled to participate in another education alternative
for a short time just to comply with the participation requirement.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(3) An exemption certificate for a child may be issued for either or both
of the following:
(a) exempting the child until the child is 17 years old or for a
shorter period;
(b) exempting the child from the full-time participation
requirement.
12B Exemption
certificate—form
An exemption certificate issued for a child must—
(a) state the day it is issued; and
(b) state the child’s name; and
(c) state the period for which it is in force; and
(d) for an exemption from the full-time participation
requirement—state the exemption and the extent to which the child must
participate; and
(e) state any condition to which it is subject; and
(f) contain any other particulars prescribed by regulation.
12C Exemption
certificate—conditions
The chief executive may issue an exemption certificate subject to any
condition that the chief executive believes on reasonable grounds is
appropriate.
12D Exemption
certificate—duration
An exemption certificate may be issued for a child until—
(a) the end of the period stated in the certificate; or
(b) the ground for the issue of the certificate
no longer applies in relation to the child.
13 Exemption
certificate—revocation
The chief executive may revoke an exemption certificate issued for a child
if—
(a) the certificate is issued in error; or
(b) the ground for the issue of the certificate
no longer applies in relation to the child; or
(c) a condition of the certificate has been contravened.
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 provider—Act
(1) For this Act, each training mentioned in table 13A, column 2 is a
training alternative, and the entity mentioned in column 3 for the
training alternative is the provider (the training alternative
provider) of the training alternative.
(2) Also, the chief executive may approve other training as a
training alternative, and an entity as the provider (the
training alternative provider) of the training alternative.
(3) An approval is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
Table 13A
column 1
item
|
column 2
training alternative
|
column 3
training alternative
provider
|
1
|
work-related training under the Training and Tertiary Education
Act 2003
|
employer with whom child has approved training contract under the
Training and Tertiary Education Act 2003 in relation to the
work-related training
|
2
|
work-related training (however described) under a law of a State or another
Territory
|
provider (however described) under a law of the State or other
Territory
|
13B Meaning of employment
alternative—Act
For this Act, each of the following is an employment
alternative:
(a) performance of paid work under a contract of service (whether written
or unwritten);
(b) performance of paid work under a contract for services (whether
written or unwritten).
Note The Children and Young People Act 2008, ch 21 deals with
the employment of children and young people.
13C Meaning of full-time participation in
training or employment alternative—pt 2.4
(1) For this part, full-time participation in a training or
employment alternative means participation in the alternative—
(a) at a level that is full-time under the requirements of the
alternative; or
(b) for at least 25 hours each week.
(2) Also, for this part, full-time participation in a
training or employment alternative includes—
(a) part-time participation in 2 or more of a particular alternative to an
extent that is at least equivalent to full-time participation in 1 of the
particular alternatives; and
(b) participation in any combination of training and employment
alternatives to an extent that is at least equivalent to full-time participation
in 1 training or employment alternative.
Example—s (2) (a)
part-time participation in 2 or more training alternatives to an extent
that is at least equivalent to full-time participation in 1 training
alternative
Example—s (2) (b)
part-time participation in a training alternative and part-time
participation in an employment alternative for a combined total of at least 25
hours each week
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
Division 2.4.2 Approval to participate in
training and employment alternatives
13D Approval
statement—application
(1) A child or the child’s parents may apply to the chief executive
for a statement (an approval statement) approving the
child’s participation in a training or employment alternative during the
child’s post-year 10 period.
(2) Application may be made for either or both of the following:
(a) approving the child’s participation in a training or employment
alternative for all or part of the child’s post-year 10 period;
(b) approving that the child’s participation in a training or
employment alternative be other than full-time participation.
(3) An application made by a child must contain the signed consent of the
child’s parents.
(4) However, subsection (3) does not apply if the chief executive is
satisfied on reasonable grounds that it is not appropriate to require the signed
consent.
(5) For this section, a child’s post-year 10 period
starts when the child completes year 10 and ends when the first of the
following happens:
(a) the child completes year 12;
(b) the child is 17 years old.
Note If a form is approved under s 154 for this provision, the form
must be used.
14 Approval statement—requirement for further
information
(1) The chief executive may give an applicant mentioned in
section 13D (1) a written notice requiring the applicant to give the
chief executive stated further information or documents that the chief executive
reasonably needs to decide the application.
(2) If the applicant does not comply with the requirement, the chief
executive may refuse to consider the application further.
14A Approval
statement—issue
(1) The chief executive may—
(a) issue an approval statement for a child if the chief executive is
satisfied on reasonable grounds that it is in the child’s best interests
to issue the statement; or
(b) refuse to issue an approval statement for a child.
(2) Without limiting subsection (1) (a), in deciding whether it is in a
child’s best interests to issue an approval statement for the child, the
chief executive may consider the following:
(a) the child’s health;
(b) the child’s education;
(c) the child’s sense of racial, ethnic, religious or cultural
identity;
(d) the child’s development;
(e) whether the training or employment alternative for which the statement
is sought would benefit the child.
Example—par (e)
Thomas is 15 years old, has completed year 10 and wants to be a chef.
Thomas has been offered an apprenticeship with a chef. The chief executive
decides that it is in Thomas’s best interests to issue an approval
statement for him, because it means that Thomas can pursue the career path that
he wants to pursue.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(3) An approval statement may be issued for a child for either or both of
the following:
(a) approving the child’s participation in a training or employment
alternative for all or part of the child’s post-year 10 period;
(b) approving that the child’s participation in a training or
employment alternative be other than full-time participation.
(4) In this section:
post-year 10 period—see section 13D (5).
14B Approval
statement—form
An approval statement issued for a child must—
(a) state the day it is issued; and
(b) state the child’s name; and
(c) state the period for which it is in force; and
(d) if the child’s approved participation in a training or
employment alternative is other than full-time participation—state the
approval and the extent to which the child is required to participate in the
alternative; and
(e) state any condition to which it is subject; and
(f) contain any other particulars prescribed by regulation.
14C Approval
statement—conditions
(1) An approval statement issued for a child is subject to a condition
that—
(a) the child’s participation is full-time participation unless
otherwise stated in the statement; or
(b) if the statement contains a statement mentioned in
section 14B (d)—the child must comply with the stated
participation requirement.
(2) An approval statement that approves a child’s participation in a
training alternative is also subject to each of the following
conditions:
(a) that the child is enrolled with the training alternative
provider;
(b) that the child complies with the training alternative provider’s
attendance requirements.
(3) The training alternative provider’s attendance requirements are
the requirements about physically attending, at particular times, the
provider’s premises or another place.
(4) The chief executive may issue an approval statement subject to any
condition that the chief executive believes on reasonable grounds is
appropriate.
Example—s (4)
Farouk wants to participate part-time in an education course and part-time
in an employment alternative (he wants to work at least 10 hours each week).
Under this Act, an approval statement is not required for an education course,
but is for an employment alternative. The chief executive issues an approval
statement for the employment alternative that states that Farouk’s
approved participation in that employment is part-time, and that he must
participate in that employment for at least 10 hours each week. The chief
executive also puts a condition on the approval statement that Farouk must
participate in the education course for at least 15 hours each week.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
14D Approval statement—compliance
requirement
(1) This section applies if an approval statement is issued for a
child.
(2) The child’s parents must ensure that the child complies with the
statement, including any conditions of the statement.
(3) This section does not apply if the child’s parents have an
excuse for not complying with this section that the chief executive is satisfied
is a reasonable excuse.
Note 1 The chief executive must comply with any guidelines about the
exercise of the chief executive’s functions under s (3) (see s
9D).
Note 2 For offences in relation to this requirement, see pt 2.6
(Offences—parents).
15 Approval
statement—duration
An approval statement may be issued for a child until—
(a) the end of the period stated in the statement; or
(b) the ground for the issue of the
statement no longer applies in relation
to the child.
15A Approval
statement—revocation
The chief executive may revoke an approval statement issued for a child
if—
(a) the statement is issued in error; or
(b) the ground for the issue of the
statement no longer applies in relation
to the child; or
(c) a condition of the statement has been contravened.
15B Return to education while approval statement in
force
(1) This section applies if—
(a) an approval statement is in force for a child; and
(b) the child is enrolled at an education provider for the purpose of the
provider’s education course.
(2) The child’s parents must tell the chief executive in writing
about the enrolment.
Division 2.4.3 Training and employment
alternatives—deemed participation
15C Training and employment
alternatives—absence
A child’s participation in a training or employment alternative is
taken for this Act to continue during an absence that is—
(a) allowed under the requirements of the alternative; or
(b) required under a territory law or a law of the Commonwealth, a State
or another Territory.
Example—par (b)
Sarah is absent from a training alternative provider because a personal
protection order prohibits her from attending the provider.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
15D Training
alternative—suspension
(1) This section applies if a child participating in a training
alternative stops attending the training alternative provider because the child
has been suspended from attending the provider.
(2) The child’s participation in the alternative is taken for this
Act to continue during the suspension period.
16 Training
alternative—exclusion
(1) This section applies if a child participating in a training
alternative stops attending the training alternative provider because the child
has been excluded from attending the provider.
(2) The child’s participation in the training alternative is taken
for this Act to continue—
(a) at the same level as before the exclusion; and
(b) for the time reasonably required for the child to—
(i) enrol in an education course; or
(ii) apply for approval to participate in another training alternative or
an employment alternative.
16A Employment
alternative—termination
(1) This section applies if a child participating in an employment
alternative stops working because the child’s employment has been ended
other than by the child.
(2) The child’s participation in the employment alternative is taken
for this Act to continue—
(a) at the same level as before the termination; and
(b) for the time reasonably required for the child to—
(i) enrol in an education course; or
(ii) apply for approval to participate in another employment alternative
or a training alternative.
Part 2.5 Compliance
notices
16B Giving compliance notice
The chief executive may give a notice (a compliance notice)
to a child’s parents if the chief executive believes on reasonable grounds
that the parents have contravened or are contravening—
(a) section 10 (Child of compulsory education age—enrolment and
registration requirement); or
(b) section 10A (Child of compulsory education age—school attendance
requirement); or
(c) section 10D (Child of compulsory education age—participation
requirement); or
(d) section 14D (Approval statement—compliance
requirement).
Note For how documents may be served, see the Legislation Act, pt
19.5.
16C Contents of compliance
notice
(1) A compliance notice in relation to a child must—
(a) state that it is a compliance notice under this Act; and
(b) include a brief description of the contravention of this Act in
relation to which the notice is given; and
(c) state what the child’s parents need to do to comply with the
notice; and
(d) state the period for complying with the notice; and
(e) contain a statement to the effect that failure to comply with the
notice is an offence.
(2) The compliance notice may include any other information the chief
executive considers appropriate.
16D Extension of time for compliance with compliance
notice
(1) This section applies if a child’s parents have been given a
compliance notice.
(2) The chief executive may, by written notice given to the child’s
parents, extend the compliance period for the compliance notice on the chief
executive’s own initiative or if asked by the parents.
(3) However, the chief executive may extend the compliance period only if
the period has not ended.
(4) In this section:
compliance period means the period stated in the compliance
notice under section 16C (1) (d), and includes the period as extended under this
section.
17 Revocation of compliance notice on
compliance
If the chief executive is satisfied on reasonable grounds that a compliance
notice given to a child’s parents has been complied with, the chief
executive must revoke the notice by written notice given to the
parents.
Part
2.6 Offences—parents
17A Contravention of information and compliance
notices
(1) A child’s parents commit an offence if—
(a) an information notice is given to the parents; and
(b) the parents fail to comply with the notice.
Maximum penalty: 5 penalty units.
(2) A child’s parents commit an offence if—
(a) a compliance notice is given to the parents; and
(b) the parents fail to comply with the notice.
Maximum penalty: 10 penalty units.
(3) An offence against this section is a strict liability
offence.
(4) This section does not apply if the child’s parents have a
reasonable excuse for failing to comply with the notice.
(5) Without limiting subsection (4), it is a reasonable excuse for a
parent of the child (the stated parent) that—
(a) the child lives with another parent and the stated parent believes on
reasonable grounds that the other parent is complying with the notice;
or
(b) the stated parent is not reasonably able to control the child’s
behaviour to the extent necessary to comply with the notice.
insert
146A Student transfer register
(1) The chief executive must establish procedures for recording the
transfer of students between schools in the ACT.
(2) The principal of a school must comply with any procedures for
recording the transfer of students to and from the school that the chief
executive—
(a) establishes under subsection (1); and
(b) notifies to the principal.
(3) In this section:
school means a government school or non-government
school.
insert
153A Evidence—certificate signed by principal
etc
(1) This section applies in relation to a proceeding for an offence
against this Act.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
(2) A certificate that appears to be signed by the principal of a
government school, the principal of a non-government school, the person giving
an approved educational course (government) or the person giving an approved
educational course (non-government) and that states any of the following
matters, is evidence of the matters:
(a) that a stated child was or was not enrolled at the school or
course;
(b) that a stated child did or did not attend the school or
course.
(3) A certificate that appears to be signed by the registrar (however
described) of an education provider or training alternative provider and that
states any of the following matters, is evidence of the matters:
(a) that a stated child was or was not enrolled with the
provider;
(b) that a stated child did or did not attend the provider.
(4) A certificate that appears to be signed by a child’s employer or
purported employer in relation to an employment alternative and that states any
of the following matters, is evidence of the matters:
(a) that a stated child was or was not employed with the employer or
purported employer;
(b) that a stated child worked for stated hours.
(5) A certificate mentioned in this section may state a matter by
reference to a date or period.
insert
Chapter 9 Transitional—Education
(Participation) Amendment Act 2009
300 Meaning of amending Act—ch
9
In this chapter:
amending Act means the Education (Participation) Amendment
Act 2009.
301 Application of amending Act
(1) The amendments made by the amending Act do not apply in relation to a
child if on 1 January 2010—
(a) the child is at least 15 years old; and
(b) the child is not—
(i) enrolled at a school; or
(ii) registered for home education (however described) in the ACT or
elsewhere.
(2) However, the amendments made by the amending Act apply in relation to
the child if after 1 January 2010 the child is—
(a) enrolled at a school; or
(b) registered for home education (however described) in the ACT or
elsewhere.
(3) In this section:
school means—
(a) a government school; or
(b) a non-government school; or
(c) a school (however described) under the law of a State, another
Territory or a foreign country.
302 Transitional regulations
(1) A regulation may prescribe transitional matters necessary or
convenient to be prescribed because of the enactment of the amending
Act.
(2) A regulation may modify this chapter (including in relation to another
territory law) to make provision in relation to anything that, in the
Executive’s opinion, is not, or is not adequately or appropriately, dealt
with in this chapter.
(3) A regulation under subsection (2) has effect despite anything
elsewhere in this Act or another territory law.
303 Expiry—ch 9
(1) This chapter expires 2 years after the day it commences.
(2) This chapter (other than section 302) is a law to which the
Legislation Act, section 88 (Repeal does not end effect of transitional laws
etc) applies.
9 Reviewable
decisionsSchedule 1, items 1 and
2
substitute
1
|
12A
|
issue exemption certificate for shorter period than applied for
|
applicant
|
chief executive
|
1A
|
12A
|
issue exemption certificate exempting child from full-time participation
requirement—participation stated in certificate
|
applicant
|
chief executive
|
1B
|
12A
|
refuse to issue exemption certificate
|
applicant
|
chief executive
|
1C
|
12C
|
issue exemption certificate subject to condition
|
applicant
|
chief executive
|
1D
|
13
|
revoke exemption certificate
|
child’s parents
|
chief executive
|
1E
|
14A
|
issue approval statement for shorter period than applied for
|
applicant
|
chief executive
|
1F
|
14A
|
issue approval statement approving other than full-time
participation—participation stated in statement
|
applicant
|
chief executive
|
1G
|
14A
|
refuse to issue approval statement
|
applicant
|
chief executive
|
1H
|
14C (4)
|
issue approval statement subject to condition
|
applicant
|
chief executive
|
2
|
15A
|
revoke approval statement
|
child’s parents
|
chief executive
|
insert
• foreign country
11 Dictionary,
new definitions
insert
approval statement, for division 2.4.2 (Approval to
participate in training and employment alternatives)—see section
13D.
completes year 10—see section 9B.
completes year 12—see section 9C.
compliance notice, for chapter 2 (Compulsory
education)—see section 16B.
12 Dictionary,
definition of compulsory school age
substitute
compulsory education age, for chapter 2 (Compulsory
education)—see section 9.
13 Dictionary,
new definitions
insert
education course—see section 9A.
education provider—see section 9A.
employment alternative—see section 13B.
14 Dictionary,
definition of exemption certificate
substitute
exemption certificate, for chapter 2 (Compulsory
education)—see section 11H (Exemption
certificate—application).
15 Dictionary,
new definitions
insert
full-time participation—
(a) in an education course, for division 2.2.2 (Participation
requirement)—see section 10C; and
(b) in a training or employment alternative, for part 2.4 (After year
10—training and employment alternatives)—see section 13C.
full-time participation requirement, for part 2.3 (Exemption
certificates)—see section 11G.
information notice, for chapter 2 (Compulsory
education)—see section 11C.
participates, in an education course, for division 2.2.2
(Participation requirement)—see section 10B.
16 Dictionary,
definition of school, paragraph (b)
substitute
(b) for chapter 2 (Compulsory education) and part 6.2 (Other
provisions)—means a government school or non-government school;
and
17 Dictionary,
definition of school-leaving age
omit
18 Dictionary,
new definitions
insert
training alternative—see section 13A.
training alternative provider—see section
13A.
Schedule
1 Consequential
amendments
(see s 3)
Part
1.1 Children and Young People Act
2008
[1.1] Section
86 (1) and note
substitute
(1) This section applies if a family group conference agreement proposed
under section 85 (2) is about a young person who is 15 years
old or older.
[1.2] Section
397 (d) and note
substitute
(d) for a voluntary care agreement in relation to a young person who is 15
years old or older, the chief executive—
(i) obtains the young person’s agreement to the voluntary care
agreement; or
(ii) is satisfied that the young person does not have sufficient maturity
or developmental capacity to understand and agree to the proposed voluntary care
agreement.
[1.3] Section
645 (1) (a) and note
substitute
(a) for a young person who is 15 years old or older—the young
person; and
omit
[1.5] Section
780, definition of work experience and note
substitute
work experience means the engagement of a child or young
person who is under 15 years old by someone if the engagement
is—
(a) arranged by an educational institution where the child or young person
is enrolled; and
(b) part of a work experience program (however described) conducted by the
educational institution.
substitute
(a) for a child or young person under 15 years old who is required to
attend a school or participate in an education course under the Education Act
2004—it is likely to prejudice the ability of the child or young
person to benefit from the education; or
[1.7] Part
21.4 heading and notes
substitute
Part 21.4 Employment of children and young
people under 15 years old
Note Work safety matters are dealt with in the Work Safety Act
2008.
[1.8] Dictionary,
definition of school-leaving age and note
omit
[1.9] Further
amendments, mentions of school-leaving age
omit
school-leaving age
substitute
15 years old
in
• section 76, definition of family group conference
agreement
• section 85
• section 87
• section 399
• section 400
• section 795
• section 799
• section 803
• dictionary, definition of high risk
employment
• dictionary, definition of light work
Part
1.2 Evidence (Miscellaneous
Provisions) Act 1991
[1.10] Section
74 (2) (b) (iii)
substitute
(iii) section 803 (Offence––employment of child or young
person under 15 years old in high risk employment);
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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