EDUCATION ACT 1990 - As at 26 July 2021 - Act 8 of 1990

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Definitions

PART 2 - OBJECTS OF ACT

• 4 Principles on which this Act is based
• 5 Principal objects of this Act
• 6 Objects for administration of this Act or of education

PART 3 - THE SCHOOL CURRICULUM

Division 1 - Primary education

• 7 Key learning areas for primary education
• 8 Minimum curriculum for primary education

Division 2 - Secondary education

• 9 Key learning areas for secondary education (Years 7 to 10)
• 10 Minimum curriculum for secondary education (Years 7 to 10)
• 11 Curriculum for Record of School Achievement candidates
• 12 Curriculum for Higher School Certificate candidates

Division 3 - General

• 13 Courses of study in key learning areas
• 14 Syllabuses
• 15 Disagreement between Minister and Authority
• 16 Additional courses of study and other activities
• 17 Additional curriculum requirements for government schools
• 18 Basic skills testing
• 18A Publication of school results

PART 4 - FUNCTIONS OF THE MINISTER AND THE AUTHORITY

• 19 General functions of the Minister
• 20 Assistance to government school children with special needs
• 20A Functions of the Authority under this Act
• 21 (Renumbered)
21A. (Repealed)

PART 5 - ATTENDANCE OF CHILDREN AT SCHOOL

• 21B Compulsory school-age
• 22 Compulsory schooling--duty of parents
• 22A Obtaining information about children of compulsory school-age
• 22B Compulsory schooling undertakings by parents
• 22C Conference of relevant parties to deal with unsatisfactory school attendance
• 22D Compulsory schooling orders
• 23 Offence if parent fails to send child to school
• 24 Register of enrolments and attendances
• 25 Certificate of exemption from attending school
• 26 Certificate of exemption from attending particular classes

PART 5A - HEALTH AND SAFETY RISKS AT SCHOOLS ARISING FROM STUDENT BEHAVIOUR

Division 1 - Preliminary

• 26A Definitions
• 26AA Restriction on disclosing certain information

Division 2 - Obtaining information about students

• 26B Purpose of obtaining information about students
• 26C Relevant agencies from which information may be obtained about students
• 26D Obtaining information about particular students
• 26E Consultation during assessment of risk and development of strategies
• 26F No offence or liability for disclosure of information

Division 3 - Directions about enrolment and attendance

• 26G Operation of Division
• 26H Enrolment directions
• 26HA Non-attendance directions
• 26I Representations by student, parents and others
• 26J Notice of direction
• 26K Variation and revocation of direction
• 26KA Internal review of certain non-attendance directions

Division 4 - Guidelines

• 26L Issue of guidelines
• 26M Compliance with guidelines

PART 6 - GOVERNMENT SCHOOLS

• 27 Establishment of government schools
• 27A Functions of Authority in relation to government schools
• 28 Closure of government schools
• 29 Kinds of government schools
• 30 Secular instruction
• 31 Instruction to be free
• 31A Overseas students
• 32 Special religious education
• 33 Objection to religious education
• 33A Special education in ethics as secular alternative to special religious education
• 34 Admission to government schools
• 34A Principals can require proof of eligibility to attend or entitlement to be enrolled at government schools
• 35 Discipline in government schools
• 36 School councils

PART 7 - NON-GOVERNMENT SCHOOLS AND HOME SCHOOLING

Division 1 - Application

• 37 Application of Part

Division 2 - Registration

• 38 Registration as an individual school or as a member of a system
• 39 Non-government schools may form a system
• 40 Approved authority for system of non-government schools
• 41 Applications for approval of system of non-government schools
• 42 Approval of system of non-government schools
• 43 Inclusion of new schools in a system of non-government schools
• 44 Withdrawal of non-government school from system
• 45 Withdrawal of approval of system of non-government schools
• 46 Authority to advise Minister on systems of schools
Subdivision 2 - Registration of non-government schools
• 47 Registration requirements for non-government schools
• 47A Effect of section 47 on certain contracts
• 48 Existing non-government schools
• 49 Application for initial registration of a new non-government school or a school joining a system
• 50 Consideration by Authority of application for initial registration of new non-government schools etc
• 51 Determination by Minister of applications for initial registration of new non-government schools etc
• 52 Initial registration provisional for a maximum period of 12 months
• 53 Classes of registration
• 53A Conditions of registration
Subdivision 3 - Continuing registration 54. (Repealed)
• 54A Renewal of registration
• 55 Authority to make recommendation about renewal of registration
• 56 Renewal of registration by Minister
• 57 Duration of renewal of registration
• 57A Reduction of period of initial registration or renewal of registration
• 58 Common registration cycles for schools in a system
• 59 Cancellation of registration
• 60 Notice to be given of relocation of school
• 61 Cancellation of registration of relocated schools
• 62 Sale of schools
• 63 Changes in circumstances of operation of schools
• 63A Authority to be notified of certain matters
Subdivision 4 - General
• 64 Registration etc of part of non-government school
• 65 Conducting unregistered schools
• 66 Certificate of registration to be displayed
• 67 Proposal to offer education of a different kind
• 68 Proposal to re-establish school
• 69 Returns by schools
Subdivision 5 - Registration for home schooling
• 70 Definition of "authorised person"
• 71 Application for registration for home schooling
• 72 Registration for home schooling
• 73 Conditions and duration of registration for home schooling
• 74 Cancellation of registration for home schooling
Subdivision 6 - Conscientious objections to registration
• 75 Notice to the Minister of conscientious objection
• 76 Consideration by Authority of notice of conscientious objection
• 77 Acceptance or rejection of conscientious objection
• 78 Certificate of exemption
• 79 Notice of decision to refuse to accept objection
• 80 Exempted school to be regarded as registered
• 81 Child to be regarded as registered for home schooling
• 82 Cancellation of exemption
• 83 Current certificate of exemption to be displayed

Division 3 - Financial assistance to non-government schools

• 83A Definitions
• 83B Financial and other assistance in respect of non-government school children
• 83BA Debt recovery arrangements relating to Commonwealth funding for schools
• 83C Financial assistance not to be provided to schools that operate for profit
• 83D Declaration that school operating for profit
• 83E Financial assistance to schools may be suspended, reduced or made subject to conditions
• 83F Declaration that school non-compliant
• 83G Notice of recommendation of Advisory Committee relating to for profit or non-compliance declarations and administrative review by Tribunal
• 83H Investigations in relation to schools
• 83I Directions to schools and proprietors
• 83J Recovery of amounts from schools
• 83K Non-Government Schools Not-for-profit Advisory Committee
• 83L Not-for-profit guidelines

PART 7A - APPROVAL TO PROVIDE COURSES TO OVERSEAS STUDENTS

• 83M Interpretation
• 83N Authority responsible for approving providers
• 83O Approval to provide courses to overseas students
• 83P Amendment, suspension or cancellation of approval
• 83Q Requirements relating to approval decisions of Authority
• 83R Offences relating to advertising of courses for overseas students
• 83S Information may be given to other bodies

PART 8 - AWARDS OF STUDY

Division 1 - Accreditation of non-government schools

• 85 Applications for accreditation of registered non-government schools
• 86 Accreditation by Authority
• 87 Duration of accreditation
• 87A Reduction of period of accreditation
• 88 Decision of Authority not to accredit school
• 89 Minister may accredit school
• 90 Renewal of accreditation
• 91 Cancellation of accreditation
• 92 Quality of educational program to be assessed
• 93 Conducting school that is not accredited

Division 2 - Awards

• 94 Record of School Achievement
• 95 Higher School Certificate
• 95A Award of Record of School Achievement or Higher School Certificate to students following special course of study
• 96 Certificate candidates affected by illness etc
• 97 Reconsideration of decisions
• 98 Recording student results and activities and provision of transcript of study

PART 9 - (Repealed)

PART 10 - ADMINISTRATIVE REVIEW OF DECISIONS BY TRIBUNAL

• 107 Applications for administrative reviews of certain decisions
• 108 Determination of application by Tribunal
• 109 Failure of Authority or authorised person to make a recommendation or other decision
110-113. (Repealed)

PART 11 - PARENTS AND CITIZENS AND KINDRED ASSOCIATIONS

• 114 Definition of "parents and citizens association"
• 115 Constitution of associations and district councils
• 116 Objects and functions
• 117 Rules of associations and district councils

PART 12 - MISCELLANEOUS

• 118 Register of non-government schools etc to be available for inspection
• 119 Delegation by Minister or Secretary
120, 121. (Repealed)
• 122 Attendance officers
• 123 Evidence
• 124 Proceedings for offences
• 124A Continuing offences
• 125 Acquisition and disposal of land
126. (Repealed)
• 127 Part 2 not to give rise to cause of action etc
• 128 Scholarships attached to schools
• 129 Schools with no principal
• 130 Regulations
131, 132. (Repealed)
• 133 Repeal of Education and Public Instruction Act 1987 etc
• 134 Savings, transitional and other provisions
• 135 Review of Act
Schedule 2 (Repealed)
• SCHEDULE 3