AustLII Tasmanian Numbered Acts

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EDUCATION ACT 2016 (NO. 51 OF 2016)

- Act 51 of 2016
- Royal Assent 21 December 2016

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Objects of Act
   4.      Principles which are basis of Act
   5.      Interpretation
   6.      Ministerial instructions
   7.      Secretary's instructions

   PART 2 - Education Before Compulsory Education

   8.      Kindergarten
   9.      Early enrolment in first year of education following kindergarten

   PART 3 - Compulsory Education and Training Division 1 - Objects of
   Part

   10.     Object of Part

           Division 2 - School-aged childrenSubdivision 1 - Enrolment at school

   11.     Requirement to enrol school-aged child at school or provide home
           education
   12.     Applying for enrolment at school
   13.     Exemption from requirement to enrol at school or be home educated
   14.     Certificate of exemption
   15.     Revocation of exemption to enrol at school or be home educated
   16.     Attendance at school of school-aged child
   17.     Part-time attendance of school-aged child
   18.     Exemption from attendance of school-aged child without application
   19.     School-aged child excused from daily attendance at school
   20.     Withdrawal from, or cancellation of, enrolment of school-aged child
   21.     Object of Subdivision
   22.     Providing learning program or notifying of home education

           Division 3 - YouthsSubdivision 1 - Participation in, and completion
           of, approved learning programs or home education

   23.     What is participation in an approved learning program?
   24.     Participation in approved learning program or home education
   25.     Proposed learning program for child coming from outside jurisdiction
   26.     Exemption from participation in approved learning program
   27.     Certificate of exemption
   28.     Revocation of exemption from requirement to participate in approved
           learning program or be home educated
   29.     Approval of learning program
   30.     Amendment of approved learning program
   31.     Completion of approved learning program
   32.     Enrolment at school under approved learning program
   33.     Attendance at approved learning program
   34.     Part-time attendance at approved learning program
   35.     Exemption from attendance at approved learning program without
           application
   36.     Youth excused from daily attendance at approved learning program
   37.     Notification of change of circumstances under approved learning
           program
   38.     Use of information about approved learning program

           Division 4 - Other matters relating to enrolment and attendance at
           school or approved learning program

   39.     Objection to participation in school activities

           Division 5 - Managing unauthorised absencesSubdivision 1 -
           Investigating unauthorised absences

   40.     Investigation of unauthorised absence
   41.     Ministerial instructions relating to student absence
   42.     Referral of absenteeism to Registrar
   43.     Process for convening compulsory conciliation conference
   44.     Conduct of compulsory conciliation conference
   45.     Recommendations of compulsory conciliation conference
   46.     Before concluding compulsory conciliation conference
   47.     Procedure by conciliator after compulsory conciliation conference
   48.     Action by Registrar on report of conciliator
   49.     Compliance with requirement of Registrar
   50.     Report of non-compliance with Registrar's requirement
   51.     Assessing and determining referral of compulsory conciliation
           conference's recommendations, &c.
   52.     What is a Compulsory Schooling Order?
   53.     Compliance with Compulsory Schooling Order
   54.     Application for review of Compulsory Schooling Order
   55.     Constituting Review Panel to determine application for review of
           Compulsory Schooling Order
   56.     Review of Compulsory Schooling Order
   57.     Effect of application for review of Compulsory Schooling Order
   58.     Re-convening compulsory conciliation conference
   59.     Confidentiality by person attending compulsory conciliation conference
   60.     Confidentiality by conciliator

           Division 6 - Eliminating or ameliorating risks to health and safety
           of persons at school

   61.     Requiring information about child
   62.     Obligation to provide information about child
   63.     Requesting medical information
   64.     Strategies to eliminate or ameliorate risks to health and safety of
           persons at school
   65.     Disclosing information obtained under this Division
   66.     Ministerial instructions

           Division 7 - Home educationSubdivision 1 - Approved home education
           programs

   67.     Application for approval of proposed home education program
   68.     Report of registration officer
   69.     Determination of application for approval of proposed home education
           program
   70.     Statement of status as home educator
   71.     Approved home education program subject to conditions
   72.     Minor amendment of home education program
   73.     Application to amend approved home education program
   74.     Determination of application to amend approved home education program
   75.     Continuing assessment of approved home education program
   76.     Amendment of approved home education program by Registrar
   77.     Revocation of approval of home education program
   78.     Effect of revocation in certain circumstances
   79.     Review of determination relating to approved home education program
   80.     Enrolment at school for part-time attendance by home educated child
   81.     Part-time attendance at school by home educated child
   82.     Objection to participation in school activities
   83.     Notification of absence or failure to complete courses
   84.     Parent to enrol child in school, &c., on revocation of approval
           of approved home education program
   85.     Providing learning program or notifying of home education
   86.     Purposes of home education assessments
   87.     Carrying out home education assessment

           Division 8 - Miscellaneous

   88.     Particulars of child
   89.     Guidelines relating to enrolment for part-time schooling
   90.     Statement of Year 10 completion by principal
   91.     Statement of Year 10 completion by Registrar
   92.     Year 12 completion certificate by principal
   93.     Year 12 completion certificate by Registrar

   PART 4 - Education and Training After Secondary Education

   94.     Entitlement to complete secondary education at State school
   95.     Attending State school after compulsory education
   96.     Entitlement to attend TasTAFE

   PART 5 - State Education Division 1 - Schools

   97.     State schools
   98.     Changing purpose of school
   99.     Enrolment within intake area or at particular State school
   100.    Enrolment from outside intake area
   101.    Enrolment in certain cases
   102.    Support school
   103.    Dress code
   104.    Distance education
   105.    Administrative and financial matters

           Division 2 - Principals

   106.    Qualifications of principal
   107.    Functions of principal
   108.    Powers of principal generally

           Division 3 - School associations

   109.    School association
   110.    Establishment and dissolving of school association
   111.    Constitution of school association
   112.    Amendment of constitution of school association
   113.    Functions of school association
   114.    Power of school association to maintain authorised deposit-taking
           institution account
   115.    Powers of school association generally
   116.    Performance and exercise of functions and powers of school
           association
   117.    Power of Minister to limit functions and powers of school
           association
   118.    Validity of acts of school association
   119.    Conflict of interest by member of school association
   120.    Inspection and audit of accounts of school association
   121.    Annual report of school association
   122.    Secretary's instructions relating to school association
   123.    Immunity from liability of school association member
   124.    Register of school associations

           Division 4 - Educational instruction

   125.    Curriculum, assessment and reporting
   126.    Religious instruction
   127.    Review relating to education in State schools

           Division 5 - Discipline

   128.    Secretary's instructions on unacceptable behaviour at State school
   129.    Unacceptable behaviour at State school
   130.    Immediate suspension of State school student
   131.    Non-urgent suspension or detention of State school student
   132.    Exclusion and expulsion of State school student
   133.    Educational instruction while suspended, excluded, expelled or
           prohibited from attending State school
   134.    Review by Secretary of exclusion, expulsion or prohibition from
           attending State school
   135.    Appeal against prohibition
   136.    Removal of adult for unacceptable behaviour at State school

           Division 6 - Miscellaneous provisions

   137.    Transfer of State school student
   138.    Fees, levies and charges relating to attendance at State school
   139.    Policy relating to imposing levies and charges relating to attendance
           at State school
   140.    Hire of State school facilities and equipment
   141.    Educational services
   142.    Property and equipment

   PART 6 - Registered Non-government Schools Division 1 -
   Non-government school to be registered

   143.    How non-government school may be registered
   144.    Offence for non-government school not to be registered

           Division 2 - Systems of non-government schoolsSubdivision 1 -
           Formation of systems of non-government schools

   145.    Non-government schools may form system
   146.    Approved authority for system of non-government schools
   147.    Application for registration of system of non-government schools
   148.    Report of Registrar
   149.    Opinion of Minister
   150.    Determining application for registration of system of non-government
           schools
   151.    Registration of system of non-government schools subject to conditions
   152.    Term of registration
   153.    Certificate of registration of system of non-government schools
   154.    Suspension of registration of system of non-government schools
   155.    Cancellation of registration of system of non-government schools
   156.    Withdrawal from registration of system of non-government schools
   157.    Effect of suspension or cancellation of registration of registered
           system school on registered system of non-government schools
   158.    Qualification to become member of system of non-government schools
   159.    When registration of individual non-government school changes to
           registration as registered system school
   160.    Registration as registered system school subject to conditions
   161.    Suspension of registered system school
   162.    Cancellation of registration of registered system school
   163.    Withdrawal of school from registered system of non-government schools

           Division 3 - Registration of individual non-government
           schoolsSubdivision 1 - Registration of new individual non-government
           schools

   164.    Application for registration of new individual non-government school
   165.    Report of Registrar for registration of new individual non-government
           school
   166.    Providing application for registration of new individual non-government
           school to Minister
   167.    Determining application for registration of new individual
           non-government school
   168.    Application for registration of transitioning non-government school
   169.    Report of Registrar for registration of transitioning non-government
           school
   170.    Determining application for registration of transitioning non-government
           school
   171.    Application for renewal of registration of registered individual
           school
   172.    Report of Registrar for renewal of registration of registered
           individual school
   173.    Determining application for renewal of registration of registered
           individual school
   174.    Type of registration
   175.    Registration as individual non-government school subject to conditions
   176.    Term of registration of individual non-government school
   177.    Certificate of registration of individual non-government school
   178.    Suspension of registration of individual non-government school
   179.    Cancellation of registration of individual non-government school

           Division 4 - Registration guidelines

   180.    Registration guidelines

           Division 5 - Registration reviews

   181.    Purpose of registration review
   182.    Request for registration review
   183.    Carrying out registration review
   184.    Report on registration review

           Division 6 - Monitoring compliance with this Part and with
           registrationSubdivision 1 - Monitoring compliance with requirement for
           non-government schools to be registered

   185.    Power to inspect premises, &c., to prevent operation of
           unregistered non-government school
   186.    Request for registration inspection
   187.    Carrying out registration inspection
   188.    Report on registration inspection
   189.    Fee for registration inspection
   190.    Powers of registration officer in relation to unregistered premises
   191.    Powers of registration officer in relation to registered premises
   192.    Warrant to seize document, &c.
   193.    Warrant to enter residence
   194.    Requirement to provide information, document or thing
   195.    Possession of document by Registrar
   196.    Using assistant
   197.    Obstruction, &c., of registration officer

           Division 7 - Reviews of determinations

   198.    Review of determination

           Division 8 - Principals

   199.    Qualifications of principal
   200.    Functions of principal
   201.    Removal of adult for unacceptable behaviour

           Division 9 - Grants

   202.    Purpose of this Division
   203.    Grant
   204.    Amount of grant
   205.    Use of grant
   206.    Additional grant
   207.    Amount and use of additional grant
   208.    Grant or additional grant paid to other person
   209.    Grant and additional grant subject to conditions
   210.    Certificate certifying use of grant or additional grant
   211.    Access to school records
   212.    Provision of further information relating to use of grant
   213.    Refund of grant and additional grant

           Division 10 - Non-government Schools Register

   214.    Non-government Schools Register

   PART 7 - Office Holders, Statutory Bodies and Conciliators Division
   1 - Principal Officer, Non-attendance

   215.    Appointment of Principal Officer, Non-attendance
   216.    Functions of Principal Officer, Non-attendance
   217.    Powers of Principal Officer, Non-attendance

           Division 2 - Registrar, EducationSubdivision 1 - Appointment,
           functions and duties of Registrar, Education

   218.    Appointment of Registrar, Education
   219.    Functions of Registrar, generally
   220.    Powers of Registrar
   221.    Delegation by Registrar
   222.    Functions of Registrar in relation to student absenteeism
   223.    Functions of Registrar in relation to non-government schools and the
           Registration Board
   224.    Functions of Registrar in relation to home education
   225.    Register of home educators and approved home education programs
   226.    Guidelines relating to home education issued by Registrar
   227.    Annual report by Registrar

           Division 3 - Registration officers

   228.    Appointment of registration officers

           Division 4 - Non-government Schools Registration Board

   229.    Non-government Schools Registration Board
   230.    Functions of Registration Board
   231.    Powers of Registration Board
   232.    Financial records of Registration Board
   233.    Annual report by Registration Board

           Division 5 - Review PanelSubdivision 1 - Establishment of Review
           Panel

   234.    Establishment of Review Panel
   235.    Functions of Review Panel
   236.    Powers of Review Panel
   237.    Expressions of interest to be members of Review Panel
   238.    Register of persons who may constitute Review Panel
   239.    Withdrawal by person from inclusion on register maintained under
           section 238
   240.    Removal of person from register maintained under section 238

           Division 6 - Tasmanian Home Education Advisory Council

   241.    Establishment of Tasmanian Home Education Advisory Council
   242.    Functions of Tasmanian Home Education Advisory Council
   243.    Powers of Tasmanian Home Education Advisory Council

           Division 7 - Employees generally

   244.    Employees

           Division 8 - Staff, assistance and facilities

   245.    Staff, assistance and facilities

   PART 8 - Miscellaneous Provisions

   246.    Financial assistance
   247.    Employment of children
   248.    Corporal punishment in schools
   249.    Minister's advisory councils
   250.    Secretary's advisory councils
   251.    Hostels
   252.    Delegation by Minister
   253.    Delegation by Secretary
   254.    Immunity from liability
   255.    False or misleading statements
   256.    Prosecution for offence
   257.    Evidence and presumptions
   258.    Appropriation
   259.    Regulations
   260.    Administration of Act
   261.    Savings and transitional provisions
   262.    Legislation repealed
   263.    Legislation rescinded
   264.    Legislation revoked
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 8

[ Note: This table has been automatically generated and may be incomplete. ]



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