2008

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Mr Richard Mulcahy)

An Act to amend the Education Act 2004

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Education (Parental Control) Amendment Act 2008.

This Act commences on 1 January 2009.

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.

(3) A report must include detailed information on any education or activity for which informed parental consent is required under section 29A (Parental consent for education or activity—political or sexual matters).

(1) A government school must ensure that a student does not, at the school, receive education about, or engage in an activity involving, a matter of a political or sexual nature without informed parental consent.

(2) However, a government school may give a student education or information about a matter of a political or sexual nature without informed parental consent if—

(a) the matter arises in relation to or in the course of education or an activity for which informed parental consent is not required, or in response to a question from a student that has not been solicited by the school; and

(b) the school could not reasonably have anticipated that the matter would arise; and

(c) it is not practicable for the school to obtain informed parental consent for the education or information under the circumstances; and

(d) the education or information is capable of being understood and critically assessed by the student, given the student’s age, intelligence and maturity.

(3) For this section, a government school has informed parental consent in relation to a student receiving education or engaging in an activity only if—

(a) the school tells each parent of the student of whom the principal is aware about—

(i) the nature of the education or activity, including the facts, ideas, doctrines, opinions and material that will be presented to the student during the education or activity; and

(ii) the name of the presenter of the education or activity and any entity or organisation that the presenter represents or with whom the presenter has a substantial connection; and

(b) at least 1 parent gives consent to the education or activity; and

(c) no parent tells the school that he or she does not wish the student to participate in the education or activity.

(4) A parent or student may bring an action as for a tort in any court of competent jurisdiction to recover damages or to seek an injunction in relation to conduct in breach of this section.

(5) Any remedy that may be granted by a court with respect to a tort, including exemplary damages, may be granted by a court in a proceeding under this section.

(6) A civil right or remedy otherwise available to a person is not affected by anything in this section.

(7) In this section:

conduct includes omission.

matter of a political nature means a legal, governmental, social, economic or environmental matter that is the subject of current political importance or controversy.

matter of a sexual nature means any matter relating to the reproduction, or the sexual desires or practices, of humans or animals.

student means a student under the age of 18.

Presentation speech made in the Legislative Assembly on 2008.

Notified under the Legislation Act on 2008.

For the latest republication of amended laws, see www.legislation.act.gov.au.