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CLAUSE NOTES
Education Amendment Bill 2017
PART 1 - PRELIMINARY
Clause 1 Short title
Education Amendment Bill 2017
Clause 2 Commencement
Sets out the commencement dates for provisions of the Education Amendment
Act 2017.
PART 2 - EDUCATION ACT 2016 AMENDED
Clause 3 Principal Act
Education Act 2016
Clause 4 Schedule 5 amended (Savings and Transitional Provisions)
This amendment ensures access to kindergarten continues between 10 July
2017 and the commencement of section 8 of this Act.
This amendment removes transitional provisions that are no longer required.
This amendment corrects a minor editorial issue by substituting ‘2017’ for
‘2016’ to ensure continuity in regard to school association constitutions.
This amendment provides for uncompleted reviews of non-government
schools that commenced under the 1994 Act to be completed under the 2016
Act.
PART 3 - EDUCATION ACT 2016 – FURTHER AMENDED
Clause 5 Principal Act
Education Act 2016
Clause 6 Section 2 amended (Commencement)
Removes requirements in relation to the process to be followed for
commencement of sections 8 and 9 as they relate to the voluntary earlier
school starting age. This is because the option to enrol earlier in school is to
be removed and the current school starting age is to be retained.
Clause 7 Section 5 amended (Interpretation)
Amends the definition of overseas student to ensure it covers all overseas
students who seek to study in Tasmania.
Replaces the definition of ‘statement of Year 10 completion’ with ‘transition
statement’. This is to avoid any perception that a statement of Year 10
completion signals the end of education.
In line with the Act, the statement will be provided when a student finishes
Year 10. It has two purposes as it marks the point:
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at which parents have fulfilled their legal obligations for this phase of
their child’s education, and
after which a young person goes on to study under an approved
learning program (school, apprenticeship etc).
Clause 8 Section 7 amended (Secretary’s Instructions)
Clarifies the Secretary may issue instructions under the Act rather than this
Part of the Act in relation to State schools.
Inserts the word ‘State’ in 7(2)(a) to clarify the Secretary may issue instructions
in relation to intake areas for State schools. This makes the wording of the
subsection consistent with the other subsections of section 7.
Clause 9 Section 8 amended (Kindergarten)
Retains the current eligibility age for participation in kindergarten (4 Years of
age on or before 1 January).
Removes subsections (3) and (4) as these relate to a child who may have
started kindergarten under the earlier school starting age option and was not
ready to go on to Prep.
With the retention of the current arrangements, a child must start school if
he/she is 5 as at 1 January and, therefore, sections 8(3) and (4) are contrary to
that requirement. As happens now, appropriate arrangements would be made
for a child who is deemed not to be ready. For example, approval for part-time
attendance to participate in kindergarten for a further year.
Clause 10 Section 9 repealed (Early enrolment in first Year of education following
kindergarten)
Removes the option for voluntary early enrolment in a school at 4 years and
6 months.
Clause 11 Section 10 amended (Object of Part)
Replaces ‘Year 10 completion’ with ‘transition statement’.
Clause 12 Section 11 amended (Requirement to enrol school-aged child at school or
provide home education)
Replaces ‘statement of Year 10 completion’ with ‘transition statement’.
Clause 13 Section 19 amended (School-aged child excused from daily attendance at
school)
Increases the time parents have to advise the principal that their child is sick
and unable to attend school from 2 to 5 days.
Clause 14 Section 22 amended (Providing learning program or notifying of home
education)
Replaces ‘statement of Year 10 completion’ with ‘transition statement’.
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Clause 15 Section 24 amended (Participation in approved learning program or home
education)
Replaces ‘statement of Year 10 completion’ with ‘transition statement’.
Clause 16 Section 25 amended (Proposed learning program for child coming from
outside jurisdiction)
Replaces ‘statement of Year 10 completion’ with ‘transition statement’.
Clause 17 Section 29 amended (Approval of learning program)
Replaces ‘statement of Year 10 completion’ with ‘transition statement’.
Clause 18 Section 64 amended (Strategies to eliminate or ameliorate risks to health and
safety of persons at school)
Clarifies that section 64(1) is only relevant in relation to a child whose
behaviour may pose a risk to him or herself or others at the school and makes
the wording of the section consistent with other sections in this Division.
Clause 19 Section 67A inserted (Provisional approval of proposed home education
program
Provides flexibility for the Registrar – Education to provisionally approve a
proposed home education program while the formal process is undertaken.
This is in line with previous administrative practice and allows for the program
to be assessed ‘in action’. Without such a provision a child could not
commence home education until such time as a program was formally
approved, which could take several months.
Clause 20 Section 80 amended (Enrolment at school for part-time attendance by home
educated child)
Corrects a minor editorial issue by replacing the word ‘Secretary’ with
‘Minister’ in 80(2)(d).
The power in this section was exercised by the Secretary under the 1994 Act.
It was changed in the 2016 Act to a power exercised by the Minister. This
amendment ensures consistency in the section.
Clause 21 Section 89 amended (Guidelines relating to enrolment for part-time schooling)
Corrects a minor editorial issue by replacing the word ‘body’ with ‘authority’
in 89(1)(3) and (4).
The term ‘administrative authority’ is used throughout the Act, rather than
‘administrative body’. This amendment ensures consistency of terminology.
Clause 22 Section 90 amended (Statement of Year 10 completion by principal)
Replaces variations of ‘completed’ with ‘finished’ to assist in avoiding any
perception that completion means the end of education.
Clause 23 Section 91 amended (statement of Year 10 completion by Registrar)
Replaces variations ‘completed’ with ‘finished’ to assist in avoiding any
perception that completion means the end of education.
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Clause 24 Section 119 amended (Conflict of interest by member of school association)
Corrects a minor editorial issue by clarifying that officeholders (committee
members) of school associations must declare conflicts of interest in relation
to contracts that the association is considering entering.
Without this clarification, all association members (ie, all parents, staff and
community members) would have to be advised in regard to every contract
the committee was considering in order for any conflicts of interest to be
identified.
Clause 25 Section 125 amended (Curriculum, assessment and reporting)
Paragraph (a) – extends the requirement for State schools to be independently
reviewed to ensure developmentally appropriate learning frameworks are
being delivered to underpin kindergarten to Year 2 from three years to four
years. This aligns with the school review cycle.
Paragraph (b) – section 125 provides for learning frameworks for kindergarten
to Year 2 (125(3)(a)(i) and also for any other class of children determined by
the Secretary (125(3)(a)(ii)). The current definition of learning framework is
relevant only to children in kindergarten to Year 2.
The amendment differentiates between the two categories of students and
provides a separate definition for learning frameworks that may be developed
for children other than those in kindergarten to Year 2.
Clause 26 Section 138A inserted (Recovery of fees and charges from overseas student)
Inserts a new section to enable unpaid fees and charges from overseas students
to be recovered or for the cancellation of enrolment if fees and charges are
not paid in relation to overseas students.
Clause 27 Section 164 amended (Application for registration of new individual
non-government school)
This amendment provides flexibility in the timeframe for applications for
registration of new individual non-government schools. The Act currently
requires applications to be lodged at least 9 months before the new school is
due to commence operating. The amendment provides flexibility for the 9
month period to be shortened.
Clause 28 Section 199 amended (Qualifications of principal)
This amendment ensures that the requirement for the principal of a
non-government school to be fully registered under the Teachers Registration
Act 2000 applies to those providing compulsory education.
It means that those who wish to register as a non-government school to
deliver non-compulsory education only (ie, kindergarten) can do so without
the requirement to be fully registered under the Teachers Registration Act.
This would apply to organisations such as long day care providers that wish to
register as a non-government school to deliver kindergarten as part of their
service options.
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Clause 29 Section 257 amended (Evidence and Presumptions)
Replaces ‘statement of Year 10 completion’ with ‘transition statement’.
Clause 30 Section 259 amended (Regulations)
This amendment is consequential to the removal of sections relating to the
voluntary earlier school starting age.
Clause 31 Schedule 5 amended (Savings and Transitional Provisions)
Replaces ‘statement of Year 10 completion’ with ‘transition statement’.
Clause 32 Validation of certain fees and charges
This section validates any fees and charges that have been paid by overseas
students for study at State schools under the Education Act 1994.
Clause 33 Repeal of Act
Sets out the timeframe for repeal of the Education Amendment Act 2017.
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