Education (General Provisions) Act 2006

An Act about the education of children and the participation of young people in education and training, and for other purposes

1Short title

This Act may be cited as the Education (General Provisions) Act 2006 .

2Commencement

(1) Section 512 (2) and schedule 2 commence on 1 January 2007.

(2) Section 512 (3) and schedule 3 commence on 1 January 2008.

(3)Subject to subsections (1) and (2), this Act commences on a day to be fixed by proclamation.

3Act binds all persons

(1)This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.

(2) Subsection (1) does not make the State, the Commonwealth or another State liable to be prosecuted for an offence.

4Interaction with other legislation

(1)This Act includes—

(a)provisions requiring young people to continue their schooling until they are 16 years or have completed year 10, whichever happens first; and

(b)provisions requiring young people to continue in education and training for a further period for the purpose of achieving a certificate of achievement, senior statement, certificate III or certificate IV.

(2)The Further Education and Training Act 2014 includes provisions about some of the eligible options available to young people during this further period of learning.

(3)The E(QCAA) Act includes provisions about keeping student accounts for young people to record their participation in education and training.

s 4 amd 2006 No. 55 s 4; 2014 No. 3 s 114 sch 1 pt 2; 2014 No. 25 s 223 sch 1 pt 2

5Objects of Act

(1)The objects of this Act are—

(a)to make available to each Queensland child or young person a high-quality education that will—

(i)help maximise his or her educational potential; and

(ii)enable him or her to become an effective and informed member of the community; and

(b)to provide universal access to high quality State education; and

(c)for chapter 10—

(i)to implement initiatives to ensure young people participate in a period of education or training after they turn 16 years or complete year 10; and

(ii)to outline a range of education and training options for them during this period.

(2)The objects are to be achieved mainly by—

(a)placing responsibilities on parents and the State in relation to the education of children and young people; and

(b)providing for the establishment of State educational institutions, and facilitating their operation as safe and supportive learning environments; and

(c)ensuring education programs are responsive to the individual needs of children and young people; and

(d)encouraging a parent’s involvement in his or her child’s education; and

(e)encouraging parental and community involvement in the operation of State educational institutions by enabling—

(i)the establishment of school councils for State schools; and

(ii)the formation of parents and citizens associations for State instructional institutions.

s 5 amd 2006 No. 55 s 5

6Activities to achieve objects of ch 10

To achieve the objects mentioned in section 5 (1) (c), the chief executive may—

(a)carry on the following activities (planning activities)—

(i)monitoring the operation and effectiveness of chapter 10;

(ii)carrying out planning relating to the matters dealt with under chapter 10;

(iii)developing strategies to better achieve the objects of chapter 10; and

(b)carry on the following activities (re-engagement activities)—

(i)identifying young persons in the compulsory participation phase who are not participating full-time in an eligible option;

(ii)giving them information about the options available to them;

(iii)encouraging them to participate in a way that achieves the best learning outcomes for them;

(iv)encouraging and helping their parents to play a role in the matters stated in subparagraphs (i) to (iii).

Note—

To help the chief executive carry on planning and re-engagement activities, the E(QCAA) Act, section 66 provides for information to be made available to the chief executive from student accounts kept by the QCAA for young persons in the compulsory participation phase.

s 6 amd 2006 No. 55 s 6; 2014 No. 3 s 114 sch 1 pt 2

7Guiding principles

The principles intended to guide the achievement of this Act’s objects are the following—

(a)parents have the responsibility of choosing a suitable education environment for their children;

(b)education should be provided to a child or young person in a way that—

(i)provides positive learning experiences; and

(ii)promotes a safe and supportive learning environment; and

(iii)recognises his or her educational needs;

(c)children and young people should be actively involved in decisions affecting them to the extent that is appropriate having regard to their age and ability to understand;

(d)the State, parents, teachers, school communities and non-government entities should work collaboratively to foster a commitment to achieving the best educational outcomes for children and young people;

(e)for chapter 10—

(i)the State should develop practical ways to improve the social, educational and employment outcomes of young people, including, in particular, those who are at risk of disengaging from education and training; and

(ii)the State should foster a community commitment to young people by involving members of the community and community organisations in—

(A)developing education and training opportunities for young people; and

(B)re-engaging young people in education and training; and

(C)developing ways to improve the social outcomes of young people; and

(iii)the State should work with parents to achieve the best outcomes for young people; and

(iv)the State should work in consultation with non-government entities to achieve the objects of chapter 10.

s 7 amd 2006 No. 55 s 7

8Definitions

The dictionary in schedule 4 defines particular words used in this Act.

9Meaning of compulsory school age

(1)A child is of compulsory school age if the child is at least 6 years and 6 months, and less than 16 years.

(2)However, a child is no longer of compulsory school age if the child has completed year 10.

s 9 amd 2006 No. 39 s 512 (3) sch 3

10Meaning of parent

(1)A parent, of a child, is any of the following persons—

(a)the child’s mother;

(b)the child’s father;

(c)a person who exercises parental responsibility for the child.

(2)However, a person standing in the place of a parent of a child on a temporary basis is not a parent of the child.

(3)A parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child.

(4)A parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child.

(5)Despite subsections (1), (3) and (4), if—

(a)a person is granted guardianship of a child under the Child Protection Act 1999 ; or

(b)a person otherwise exercises parental responsibility for a child under a decision or order of a federal court or a court of a State;

then a reference in this Act to a parent of a child is a reference only to a person mentioned in paragraph (a) or (b).

11 Meaning of basic allocation , remaining allocation etc.

(1) Basic allocation is the allocation of 26 semesters of State education.

(2)Some students do not have the basic allocation but another number of semesters of State education is allocated to the student by a State school’s principal.

(3)The remaining allocation for a student who had a basic allocation, began schooling in the preparatory year at a State school and continued to be enrolled at any State school is the basic allocation less the number of semesters of State education provided to the student.

(4)The remaining allocation for any of the following students is the number of semesters allocated to the student under section 61 less the number of semesters of State education provided to the student—

(a)a student who is not allocated a basic allocation under section 60;

(b)a student whose enrolment in a State school stopped—

(i)if the student is a child—at the request of the student’s parent; or

(ii)if the student is an adult—at the request of the student;

(c)a student whose enrolment in a State school stopped because of non-attendance by the student in accordance with a guideline published by the department;

(d)a student who received—

(i)schooling at a non-State school; or

(ii)home education under chapter 9, part 5;

(e)a student who received schooling outside Queensland;

(f)a student who is the subject of an exemption from compliance with section 176 (1) (a) granted under chapter 9, part 3.

(5)Neither basic allocation nor remaining allocation includes an extra semester granted under chapter 4, part 3 or further semester granted under chapter 4, part 5.

s 11 amd 2013 No. 37 s 9; 2014 No. 62 s 63

12Provision of State education

(1)For each student attending a State instructional institution, there must be provided an educational program approved by the Minister that—

(a)has regard to—

(i)the age, ability, aptitude and development of the student; and

(ii)whether enrolment in the educational program is compulsory or non-compulsory; and

(b)is an integral element within the total range of educational services offered with the prior approval of the Minister; and

(c)takes account, and promotes continuity, of the student’s learning experiences; and

(d)recognises, and takes account of, the nature of knowledge.

(2)The duration of the educational program must be based on the basic allocation for a student.

13Power to establish State schools

The Minister may establish schools at which the State provides primary, secondary or special education.

14Power to establish institutions that provide educational instruction to persons enrolled at State schools

The Minister may establish institutions at which the State provides educational instruction to persons enrolled at State schools as an adjunct to the educational programs provided to the persons at the State schools, including, for example—

(a)environmental education centres; and

(b)outdoor education centres.

15Power to establish other educational institutions

If the Minister considers it necessary or convenient for the purposes of this Act, the Minister may establish educational institutions other than State instructional institutions, including, for example—

(a)centres for the support and development of teachers and officers of the department; and

(b)student hostels or student residential colleges.

16Naming, and changing of name, of a State educational institution

The Minister may name, and change the name of, a State educational institution.

17Definition for pt 3

In this part—

closure, of a State school, does not include the following—

(a)the temporary closure of the school;

(b)the permanent closure of the school if the Minister is reasonably satisfied exceptional circumstances exist that justify the closure.

18Notice of proposed closure or amalgamation

If the Minister proposes closing a State school or amalgamating 2 or more State schools, the Minister must publish a notice about the proposal in the gazette.

19Consultation

(1)Before closing a State school, there must be adequate consultation by the Minister with each of the following—

(a)the school community;

(b)if there is a school council for the school—the school council;

(c)if there is an association formed for the school—the association.

(2)Before amalgamating 2 or more State schools, there must be adequate consultation by the Minister with each of the following—

(a)the school communities;

(b)if there is a school council established for any of the schools—the school council;

(c)if there is an association formed for any of the schools—the association.

20Time to elapse before closure or amalgamation

If notice about a proposed closure of a State school or amalgamation of 2 or more State schools is published under section 18, the closure or amalgamation must not happen earlier than 6 months after the publication.

21Curriculum framework for State instructional institutions

(1)The Minister may decide on a curriculum framework that is to apply to a State instructional institution.

(2)In this section—

curriculum framework means the framework under which the institution’s principal may decide the range of learning experiences to be offered to students attending the institution.

24Direction by Minister about tests

(1)The Minister may direct the principal of a State instructional institution, providing education to students in the year of schooling to which an approved test or common national test relates, to administer the test at the institution.

(2)In this section—

approved test means a test, relating to a year of schooling, developed or revised by the QCAA under the E(QCAA) Act.

common national test means a common national test stated in the regulations made under the Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004 (Cwlth) , section 19 (4).

s 24 amd 2014 No. 3 s 114 sch 1 pt 2

45Inspection of State educational institution’s premises

The Minister may arrange for a State educational institution’s premises to be inspected at a time and in the way the Minister believes appropriate.

46Investigation of complaint

(1)This section applies if—

(a)a person makes a complaint about the administration, management or operation of a State educational institution; and

(b)in the chief executive’s opinion, the complaint is not frivolous or vexatious.

(2)The chief executive must—

(a)investigate the complaint; or

(b)cause the complaint to be investigated by an appropriately qualified officer of the department.

Note—

Under section 432, the chief executive may delegate the chief executive’s functions under this section to an appropriately qualified officer of the department.

s 46 sub 2014 No. 62 s 29

47Use of State educational institution’s premises

(1)The Minister may permit a person to use a State educational institution’s premises located on reserve land for any purpose, including a purpose not connected with education.

(2)Permission may be given under subsection (1) on reasonable conditions the Minister considers appropriate.

(3)In this section—

reserve land means land dedicated as a reserve under the Land Act 1994 , section 31 for educational purposes.

48Definitions for ch 3

In this chapter—

chief executive (transport) means the chief executive of the department in which the Transport Operations (Passenger Transport) Act 1994 is administered.

corresponding law means a law of another State corresponding, or substantially corresponding, to this Act.

def corresponding law ins 2014 No. 62 s 65 (2)

nearest applicable school, for a person, means the nearest State school, or equivalent of a State school under a corresponding law, with the required year level for the person.

def nearest applicable school sub 2014 No. 62 s 65

permanent resident means the holder of a permanent visa as defined by the Migration Act 1958 (Cwlth) , section 30 (1).

49Meaning of remote area

A person lives in a remote area if—

(a)the person’s principal place of residence—

(i)is at least 16km from the nearest applicable school; and

(ii)is at least 4.5km from a school transport service approved by the chief executive (transport) or a public transport service to the nearest applicable school; or

(b)the person’s principal place of residence—

(i)is at least 16km from the nearest applicable school; and

(ii)is less than 4.5km from a school transport service approved by the chief executive (transport) or a public transport service to the nearest applicable school; and

(iii)is—

(A)at least 56km from the nearest applicable school using the route travelled by the transport service; or

(B)at least 3 hours travelling time a day from the nearest applicable school using the transport service.

50State education to be free

(1) Subsection (2) applies to—

(a)a person enrolled at a State school; or

(b)a person who is a pre-preparatory age child registered in—

(i)a pre-preparatory learning program at a prescribed State school; or

(ii)a distance education pre-preparatory learning program at a State school;

who is—

(c)an Australian citizen or permanent resident; or

(d)a child of an Australian citizen or permanent resident.

(2)The cost of providing instruction, administration and facilities for the education of the person at the school must be met by the State.

(3)This section applies subject to sections 51, 52 and 55.

(4)In this section—

person enrolled at a State school does not include a person who is also enrolled at a non-State school unless the person’s enrolment at the State school preceded the person’s enrolment at the non-State school.

s 50 amd 2009 No. 40 s 7; 2012 No. 35 s 6

51Power to charge particular persons or for particular educational services

(1) Subsection (3) applies to a person enrolled at a State school, or a pre-preparatory age child registered in a pre-preparatory learning program at a prescribed State school, who is not—

(a)an Australian citizen or permanent resident; or

(b)a child of an Australian citizen or permanent resident.

(2) Subsection (3) also applies to a person enrolled at both a State school and non-State school if the person’s enrolment at the non-State school preceded the person’s enrolment at the State school.

(3)The chief executive may charge a fee for—

(a)the education of the person at the State school; or

(b)registration of the pre-preparatory age child in the pre-preparatory learning program at the State school.

(4)Also, the chief executive may charge a person mentioned in section 50 (1)—

(a)a fee for providing an educational service to the person not met by the State under section 50 (2); or

(b)a fee for the provision of an educational service by an entity to the person if the State school at which the person is enrolled has been charged by the entity for the provision of the educational service.

(5)In addition, the chief executive may charge a person not enrolled at a State school a fee for the education of the person at the school.

(6)The chief executive’s power to charge a person a fee under this section includes a power to—

(a)exempt any person or matter from payment of the fee; or

(b)waive payment of the fee for any person or matter; or

(c)refund a fee paid under this section.

(7)If a fee for a person mentioned in subsection (1) is not paid—

(a)the person is not entitled to be enrolled at a State school; and

(b)the chief executive may cancel the enrolment of the person.

(8)If a fee for a pre-preparatory age child mentioned in subsection (1) is not paid—

(a)the pre-preparatory age child is not entitled to be registered in a pre-preparatory learning program at a State school; and

(b)the chief executive may cancel the registration of the child.

s 51 amd 2009 No. 40 s 8; 2013 No. 37 s 10

52Fee for distance education provided by a State school

(1)This section applies to—

(a)a person enrolled in a program of distance education at a State school; or

(b)a person, other than a State school student, who is enrolled to undertake a component of a program of distance education at a State school but is not enrolled in the program at the school.

(2)The fee prescribed under a regulation must be paid for the provision of distance education to the person.

(3)If the fee payable under subsection (2) for the person is not paid—

(a)the person is not entitled to be enrolled in, or undertake, the program of distance education mentioned in subsection (1); and

(b)the chief executive may cancel the person’s enrolment.

(4)In this section—

State school student means a person enrolled at a State school.

s 52 amd 2008 No. 25 s 155; 2014 No. 62 s 66

53When fee for distance education is not payable

(1)Despite section 52 (2), the fee is not payable if the person is a person mentioned in section 52 (1) (a) and—

(a)the person lives in a remote area; or

(b)the person—

(i)can not attend a State school, other than a school of distance education, for more than 80 consecutive school days because of the person’s state of health; and

(ii)gives the chief executive a medical certificate stating that fact; or

(c)the person has an itinerant lifestyle; or

(d)the person is suspended from a State school under chapter 12, part 3, division 2 on a charge-related ground; or

(e)the person—

(i)is excluded from a State school under section 291, or from certain State schools under section 298; and

(ii)would live in a remote area if the school, or schools, from which the person is excluded were taken not to be a nearest applicable school for the definition remote area; or

(f)the person is excluded from all State schools under section 298; or

(g)the person can not attend a State school, other than a school of distance education, because the person is caring for the person’s child or a child for whom the person has or exercises parental responsibility; or

(h)the person—

(i)can not attend a State school, other than a school of distance education, because the person is caring for someone, other than a child mentioned in paragraph (f), on a regular basis; and

(ii)gives the chief executive a medical certificate stating that fact; or

(i)the person—

(i)can not be a mature age student of a mature age State school because the person has been refused enrolment at the school; or

(ii)can not reasonably be expected to be a mature age student of a mature age State school because the nearest mature age State school to the person’s principal place of residence is at least 16km from the residence.

(j)the person is in the custody of the chief executive (corrective services) at a corrective services facility under the Corrective Services Act 2006 .

(2)For subsection (1) (c), a person has an itinerant lifestyle if—

(a)because of the nature of the occupation in which the person or a parent of the person is engaged—

(i)the person’s principal place of residence changes at least twice in the relevant school year or at least 5 times in the period consisting of the relevant school year and the school year immediately before or after the relevant school year; or

(ii)the person spends at least 60 school days of the relevant school year (consisting of periods of 5 consecutive school days or more) away from the person’s principal place of residence; or

(iii)the person’s principal place of residence is a caravan and the location of the caravan changes at least twice in the relevant school year or at least 5 times in the period consisting of the relevant school year and the school year immediately before or after the relevant school year; or

(iv)the place where the person lives changes at least twice in the relevant school year and the person does not have a principal place of residence; and

Examples of an occupation for paragraph (a)—

carnival worker, contract harvester or shearer

(b)the person spends at least 120 school days of the relevant school year in the State.

(3)In this section—

caravan means a caravan under the Residential Tenancies and Rooming Accommodation Act 2008 .

medical certificate means a certificate signed by a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession, other than as a student, or a medical practitioner.

relevant school year means the school year in relation to which the person is enrolled in a program of distance education at a State school.

s 53 amd 2008 No. 73 s 554 sch 1; 2010 No. 14 s 124 sch; 2010 No. 50 s 8; 2013 No. 59 s 6; 2014 No. 62 s 30; 2014 No. 62 s 67

54Waiver of fee for distance education

(1)The chief executive may waive, entirely or partly, payment of the fee mentioned in section 52 (2) for a person if—

(a)the chief executive is satisfied—

(i)the person is or has been enrolled in, or undertaking a component of, a program of distance education and would suffer a significant educational disadvantage if the person were not able to continue in the program; and

(ii)payment of the fee would cause financial hardship to the person liable to pay it; or

Example for paragraph (a)—

A parent of a child enrolled in a program of distance education for 1 year may be unable to pay the fee for the following year because of temporary financial hardship.

(b)for a person enrolled in a program, or enrolled to undertake a component of a program, of distance education—the chief executive is satisfied the waiver is appropriate and reasonable because exceptional circumstances exist in relation to the person.

(2)In making a decision under subsection (1) (b) about waiving payment of the fee for a person, the chief executive may have regard to any relevant matter of which the chief executive is aware, including, for example—

(a)whether the person would suffer a significant educational disadvantage if the person were not able to enrol in a program, or enrol to undertake a component of a program, of distance education; or

(b)whether a program, or a component of a program, of distance education is the most appropriate educational program for the person.

s 54 amd 2008 No. 25 s 156

55Charging for specialised educational program

(1)This section applies to a State school that is approved by the chief executive to offer a specialised educational program prescribed under a regulation.

(2)The fee, for the program, prescribed under a regulation must be paid for the undertaking of the program.

(3)For subsection (2)—

(a)if a child is undertaking the program—a parent of the child must pay the fee; or

(b)if an adult is undertaking the program—that person must pay the fee.

(4)However, the chief executive may waive, entirely or partly, payment of the fee if the chief executive is satisfied—

(a)payment of the fee would cause financial hardship to the person liable to pay it; and

(b)the person wishing to undertake the program would suffer a significant educational disadvantage if the person can not undertake the program.

(5)The chief executive must ensure a list of State schools approved under subsection (1) is available for public inspection, without charge—

(a)during normal business hours at the department’s head office; and

(b)on the department’s website on the internet.

Editor’s note—

The department’s website address on the internet is <www.education.qld.gov.au>.

(6)In this section—

specialised educational program means an educational program not usually offered by a State school.

56Voluntary financial contribution

(1)Despite section 50, a State school’s principal may ask the parents of a student of the school to make a voluntary financial contribution towards the cost of providing instruction, administration and facilities for the education of the student at the school.

(2)The student must still be provided the education even if the parents do not make the financial contribution.

(3)If the student is an adult, subsections (1) and (2) apply as if the reference in the subsections to the student’s parents were a reference to the student.

57Definition for ch 4

In this chapter—

student includes a person who is not enrolled at a State school.

58Application of chapter to student under 16 years

A student who is under 16 years at the time of starting a semester in a school year at a State school, but who does not have any remaining allocation, may attend the State school for all of the semester without making an application under part 3 or 5.

pt hdg amd 2013 No. 37 s 19 sch 1

60Basic allocation

If a student begins schooling in the preparatory year at a State school, the student has the basic allocation determined from the start of the calendar year in which the student begins schooling.

s 60 amd 2006 No. 39 s 512 (3) sch 3

sub 2013 No. 37 s 12

61Initial remaining allocation

(1)This section applies to a student mentioned in section 11 (4).

(2)If an application is made under section 155 to enrol the student at a State school, the State school’s principal must decide the student’s initial remaining allocation.

(3)If the student has been the subject of an exemption under chapter 9, part 3 and did not undertake an educational program for all or part of the period of the exemption (the excused period), the excused period must not be included in calculating the student’s initial remaining allocation.

s 61 amd 2006 No. 39 s 512 (3) sch 3

sub 2013 No. 37 s 12

62Principal must consider initial remaining allocation for certain students

(1)This section applies to a decision, under section 61, by a State school’s principal.

(2)The principal’s decision about a student’s initial remaining allocation must be made in the way the principal considers appropriate after considering all relevant matters, including, for example—

(a)the age, ability, aptitude and development of the student; and

(b)the need to take account and promote continuity of the student’s initial learning experiences; and

(c)whether the enrolment is compulsory or non-compulsory; and

(d)if the student’s initial enrolment is non-compulsory—the student’s initial commitment to complete a course of study.

(3)The principal must make the decision within a reasonable time after the application was made to enrol the student at the school.

(4)After making the decision, the principal must—

(a)immediately advise the student of the decision; and

(b)within 7 days after advising the student of the decision, give the student an information notice about the decision.

s 62 amd 2013 No. 37 s 19 sch 1; 2014 No. 62 s 31

63Notice to certain students about remaining allocation

(1)This section applies to a student—

(a)who is enrolled in semester 2 in a year at a State school; and

(b)whose remaining allocation will be not more than 4 semesters at the end of the year.

(2)By the end of the year, the principal of the State school must give notice to the student about the student’s remaining allocation after the end of semester 2 of the year.

(3)The notice may be included with another report or document given to the student.

64Information to be given to repeating student

(1)This section applies to a student who has been approved by a State school’s principal to repeat, at the school, a year of schooling for which the student has already been enrolled at the school.

(2)The principal must, as soon as practicable after the approval, give the student written information about the allocation of State education under this chapter.

65Application for extra semesters if no remaining allocation

(1)This section applies to a student who does not have any remaining allocation.

(2)The student may apply, in the approved form, to a State school’s principal for the granting, in a school year, of not more than 2 extra semesters of State education at the State school.

(3)The application must be given to the principal—

(a)more than 12 weeks before the start of the semester, or the first of the semesters, to which the application relates; or

(b)if the principal allows a later time for giving the application—before the later time.

66Principal must consider and decide application for extra semesters

(1)The principal must consider the application and decide it in the way the principal considers appropriate after considering all relevant matters, including, for example—

(a)whether the student is of compulsory school age; and

(b)the likely educational outcome of the student attending the school for the extra semester or semesters; and

(c)the likely impact on the resources of the State school of the student attending the State school for the extra semester or semesters.

(2)However, the principal must make the decision within a reasonable time after the making of the application, allowing for the need to collect and analyse the results of any assessment of the student undertaken during the semester immediately before the semester, or the earlier of the semesters, to which the application relates.

(3)After making the decision, the principal must—

(a)immediately advise the student of the decision; and

(b)within 7 days after advising the student of the decision, give the student an information notice about the decision.

s 66 amd 2014 No. 62 s 32

67Limitation on extra semesters granted by principals

No more than 2 extra semesters may be granted to a student under this part.

70Definition for pt 5

In this part—

stated State school see section 71 (2).

71Application for further semesters if no remaining allocation and after extra semesters

(1)This section applies to a student who does not have any remaining allocation and who has been granted 2 extra semesters under part 3.

(2)The student may apply, in the approved form, to the chief executive for the granting of not more than 2 further semesters of State education at a State school stated in the application (the stated State school).

(3)The application must be made to the chief executive—

(a)more than 12 weeks before the start of the semester, or the first of the semesters, to which the application relates; or

(b)if the chief executive allows a later time for making the application—before the later time.

72Chief executive must consider and decide application for further semesters

(1)The chief executive must consider the application and decide the application in the way the chief executive considers appropriate after considering all relevant matters, including, for example—

(a)whether the student is of compulsory school age; and

(b)the likely educational outcome of the student attending the stated State school for the further semester or semesters; and

(c)the likely impact on the resources of the stated State school of the student attending the stated State school for the further semester or semesters.

(2)However, the chief executive must make the decision within a reasonable time after the making of the application, allowing for the need to collect and analyse the results of any assessment of the student undertaken during the semester immediately before the semester, or the earlier of the semesters, to which the application relates.

(3)After the chief executive decides the application, the chief executive must—

(a)immediately advise the student of the decision; and

(b)within 7 days after advising the student of the decision—

(i)if the student has not previously been granted 2 further semesters under this part—give the student an information notice about the decision; or

(ii)if the student has previously been granted 2 further semesters under this part—give the student a notice complying with the QCAT Act, section 157 (2).

Note—

See chapter 15, part 4 for review of the decision by QCAT.

s 72 amd 2009 No. 24 s 129; 2014 No. 62 s 34

73Chief executive to give notice to principal if further semesters granted

(1)If the chief executive decides to grant the application, the chief executive must give notice of the decision to the stated State school’s principal.

(2)The notice must state—

(a)the student’s name; and

(b)the student’s educational level; and

(c)the period of the extension; and

(d)any other information the chief executive is reasonably satisfied the principal should be aware of in relation to the decision.

74Limitation on further semesters granted by chief executive

No more than 4 further semesters may be granted to a student under this part.

75Copy of notice under this chapter to be given to parent

(1)If a person is required, under this chapter, to give a notice to a student and the student is a child, the person must as soon as practicable give a copy of the notice to a parent of the child.

(2)For giving the copy to a parent, the person may rely on the relevant State school’s records about the child’s parents and their current residential address.

(3) Subsection (1) does not apply if the person is satisfied it would be inappropriate in the circumstances to give the copy to the parent.

Example—

It may be inappropriate to give the parent a copy of the notice if the student is living independently of his or her parents.

(4)In this section—

parent, of a child, includes a person standing in the place of a parent of the child on a temporary basis.

76Religious instruction in school hours

(1)Any minister of a religious denomination or society, or an accredited representative of a religious denomination or society, which representative has been approved by the Minister for the purpose, shall be entitled during school hours to give to the students in attendance at a State school who are members of the denomination or society of which the person is a minister or the accredited representative religious instruction in accordance with regulations prescribed in that behalf during a period not exceeding 1 hour in each week on such day as the principal of that school appoints.

(2)Instruction in accordance with a regulation may be given in State primary and special schools during school hours in selected Bible lessons.

(3)A separate reading book shall be provided for such purpose.

(4)Instruction of a kind mentioned in subsection (2) is not to include any teaching in the distinctive tenets or doctrines of any religious denomination, society or sect.

(5)Notwithstanding anything in this section, any parent of a student in attendance at a State school may withdraw such student from all religious instruction in such school by notification in writing to the principal that the parent desires the student to be so withdrawn.

(6)The provisions pursuant to this section shall not apply or extend to students enrolled in the preparatory year at a State school.

s 76 amd 2006 No. 39 s 512 (2) sch 2

77Definitions for ch 6

In this chapter—

alternative association member see section 88 (1).

appointed member, of a school council, means a member of the council appointed, under the council’s constitution, by the council.

chairperson, of a school council, means a person elected as chairperson of the council under section 89.

coopted student member, of a school council established for a State school that does not offer secondary education, means a year 6 student of the school who is coopted as a member of the council under the council’s constitution.

def coopted student member amd 2013 No. 37 s 13

elected member, of a school council, means a person who is an elected member of the council under section 86.

elected parent member, of a school council, means a parent of a child attending the school for which the council is established who is elected—

(a)if there is an association formed for the school and the association’s constitution provides for the election of parent members to the school’s council—under the association’s constitution; or

(b)otherwise—by a secret ballot under the council’s constitution.

elected staff member, of a school council, means a member of the staff of the school for which the council is established who is elected by a secret ballot, held under the council’s constitution, of all the persons who are—

(a)employed by the department and assigned to the school; or

(b)otherwise employed full-time or part-time at the school.

elected student member, of a school council established for a State school offering secondary education for year 10, 11 or 12, means a student in year 10, 11 or 12 at the school who is elected by a poll, held under the council’s constitution, in which only those students at the school in year 10, 11 or 12 may vote.

official member, of a school council, means a person who is an official member of the council under section 85.

78Object

(1)The object of this chapter is to improve student learning outcomes by providing for the establishment and operation of school councils.

(2)A school council has particular functions for guiding the broad strategic direction of the State school for which it is established.

79Establishment

(1)Subject to section 109 (6) and (7), the chief executive may, by notice in the gazette, establish a school council for a State school.

(2)A school council established under subsection (1) may have functions only about the school for which the council is established.

80Name

The school council established for a State school is named as follows—

(a)if the name of the school ends with ‘school’—the council is called ‘. . . (insert name of school) Council’;

(b)otherwise—the council is called ‘. . . (insert name of school) School Council’.

81Functions

(1)A school council for a State school has the following functions—

(a)monitoring the school’s strategic direction;

(b)approving—

(i)plans and policies of the school of a strategic nature; or

(ii)other documents affecting strategic matters, including the annual estimate of revenue and expenditure for the school;

(c)monitoring the implementation of the plans, policies and other documents mentioned in paragraph (b);

(d)advising the school’s principal about strategic matters.

(2)The council must perform its functions in a way that achieves the best learning outcomes for the school’s students.

(3)Despite subsections (1) and (2), a school council may not—

(a)interfere with the management by the school’s principal of the day-to-day operations of the school and its curriculum; or

(b)make operational decisions about the use of teaching or learning resources at the school; or

(c)make decisions about the individual teaching style used, or to be used, at the school; or

(d)make a decision that is contrary to law or a written policy of the department.

82School councils do not have certain powers

A school council may not—

(a)have control of funds; or

(b)enter into contracts; or

(c)acquire, hold, dispose of or deal with property; or

(d)sue or be sued.

83Membership of a school council

(1)A school council consists of official members, elected members and appointed members.

(2)Also, if the State school for which the council is established does not offer secondary education, a school council may also include a coopted student member.

84Number

(1)The number of members of a school council must be at least 6 and not more than 15.

(2)A school council must include at least—

(a)1 elected parent member; and

(b)1 elected staff member.

(3)The number of elected parent members and elected staff members of a school council must be equal.

(4)A school council must include not more than 2 elected student members and 2 appointed members.

(5)If the State school for which a school council is established provides secondary education for year 10, 11 or 12, the council must include at least 1 elected student member.

85Official members

(1)The official members of a school council for a State school are—

(a)the school’s principal; and

(b)if there is an association formed for the school—the association’s president.

(2)An official member of a school council is not eligible to be an elected member, or appointed member, of the council.

86Elected members

(1)The elected members of a school council are—

(a)the elected parent members; and

(b)the elected staff members; and

(c)if the school for which the council is established offers secondary education for year 10, 11 or 12—the elected student members.

(2)A poll for the election of an elected student member of a school council may take place at the same time as, or be combined with, other elections at the State school for which the council is established involving students, including, for example, the election of the school’s captain and vice-captain.

(3) Subsection (4) applies if, at the time of closure of nominations for the elected members of a school council, the number of nominations is less than the number of elected members required to be elected.

(4)The person who, under the council’s constitution, is responsible for conducting the election for the elected members must declare the persons who are properly nominated under the constitution to have been elected.

87Coopted student member

A coopted student member of a school council—

(a)does not have the power to vote on a matter before the council despite section 101 (1), (2) and (3); and

(b)may not be elected as the council’s chairperson under section 89 or be chosen to preside at a council meeting under section 100 (2).

88Alternative association member

(1)The president of an association formed for a State school may, under the association’s constitution, appoint another association member (the alternative association member) to attend meetings of a school council for the school in the place of the president when the president can not attend the meetings.

(2)When attending a meeting of the council under subsection (1), the alternative association member has the same rights and duties as the president.

(3)An elected member, or appointed member, of the council is ineligible for appointment by the president as the alternative association member.

89Chairperson

(1)A school council for a State school must elect one of the council’s members as chairperson of the council.

(2)The school’s principal may not be elected as chairperson of the council.

(3)A school council’s chairperson holds office for the term decided by the council (the chairperson’s term), unless the person’s term of office as a member of the council ends sooner than the chairperson’s term.

(4) Subsection (5) applies if—

(a)an association has been formed for the school for which a school council is established; and

(b)the president of the association is the chairperson of the council; and

(c)an alternative association member is attending a meeting of the council in place of the president.

(5)Despite section 88 (2), the alternative association member may not preside at the meeting, unless the alternative association member is chosen to preside under section 100 (2).

90Term of office for elected member or appointed member

(1)Each elected member, or appointed member, of a school council holds office for the term, not longer than 2 years, stated in the council’s constitution.

(2)However, subject to section 84, the council’s constitution may provide for up to the following number of the council’s first elected members to hold office for a term of not longer than 3 years—

(a)if the number of the first elected members is an even number—one-half of the number of the first elected members;

(b)if the number of the first elected members is an odd number—the whole number next higher than one-half of the number of the first elected members.

s 90 amd 2013 No. 37 s 19 sch 1

91Casual vacancy in office of elected member or appointed member

(1)If a vacancy occurs in the office of an elected member, or appointed member, of a school council (the vacating member) during the currency of the member’s term of office, another person (the new member) must be elected or appointed under this part to fill the vacancy.

(2)The new member holds office for the remainder of the vacating member’s term of office or until the new member sooner vacates the office.

(3)If a vacancy occurs in the office of an elected member, the new member must be of the same type of elected member, under section 86, as the vacating member.

92Vacation of office

(1)The office of an elected member, or appointed member, of a school council for a State school becomes vacant if the member—

(a)dies; or

(b)resigns the member’s office by signed notice of resignation—

(i)for the council’s chairperson—given to the school principal’s supervisor; or

(ii)for another council member—given to the council’s chairperson; or

(c)is absent from 3 consecutive meetings of the council, of which the member has been given notice under the council’s constitution, without the council’s leave and without reasonable excuse; or

(d)stops being eligible, under this Act or the council’s constitution, for election or appointment to the office.

(2)A notice of resignation mentioned in subsection (1) (b) takes effect when the notice is given under that paragraph or, if a later time is stated in the notice, the later time.

(3)If the office of an elected member, or appointed member, of a school council is vacant and, because of the vacancy, the membership does not comply with section 84, the council is taken to be validly constituted until the earlier of the following happens—

(a)the day the vacancy is filled;

(b)the expiry of 3 months after the day the vacancy arose.

(4)In this section—

meeting, of the council, means—

(a)if the relevant member does not attend—a meeting of the council with a quorum for the council present; or

(b)if the relevant member attends—a meeting of the council with or without a quorum for the council present.

93Disqualification from membership

(1)A person can not become, or continue as, an elected parent member, elected staff member, or appointed member, of a school council if the person has been convicted of an indictable offence, unless the Minister gives an approval under this section.

(2)If the Minister considers it would be reasonable, having regard to the circumstances of the indictable offence of which a person has been convicted, the Minister may—

(a)if the person was a member when convicted—give notice to the council’s chairperson and the person that the person is restored as a member, and may be later re-elected or reappointed, despite the conviction; or

(b)otherwise—give written approval for the person to be elected or appointed as a council member despite the conviction.

(3)On the day the council’s chairperson receives a notice under subsection (2) (a)—

(a)the person is restored as a council member; and

(b)if another person has been elected or appointed to fill the vacancy—the other person’s appointment ends.

(4)If a person is restored as a council member under subsection (3), the person’s term of office as a council member ends when it would have ended if the person had not been convicted of the offence.

94Constitution for school council

(1)A school council must have a constitution.

(2)The council’s constitution must provide for the following—

(a)membership of the council, including—

(i)eligibility for election as, or to vote for, an elected member of the council; and

(ii)eligibility for appointment as an appointed member of the council; and

(iii)procedures for election or appointment; and

(iv)when the term of office of an elected member, or appointed member, of the council starts and ends; and

(v)if there is an association formed for the school for which the council is established—the way in which the association’s president must give notice to the council’s chairperson about the appointment of an alternative association member;

(b)election of, and other matters relating to, the council’s chairperson;

(c)conduct of council business;

(d)the way the council performs its functions.

(3)The constitution may also provide for other matters the council considers appropriate for inclusion in it.

(4)However, the provisions of a council’s constitution about membership of the council—

(a)must comply with part 4; and

(b)if there is an association formed for the school for which the council is established—are subject to the provisions of the association’s constitution about the election of an elected parent member of the council.

95Amendment of school council’s constitution

(1)A school council for a State school may prepare and adopt an amendment of its constitution.

(2)In preparing a proposed amendment, the council must have regard to the model constitutions.

(3)An amendment has no effect unless it is approved by the chief executive.

(4)The chief executive must not approve an amendment unless the chief executive is satisfied—

(a)notice of the proposed amendment was given, at least 30 days before the council meeting that considered the amendment, to the following—

(i)the council members;

(ii)if there is an association formed for the school—the association;

(iii)the school’s staff (including, for example, by displaying the proposed amendment in a staff room);

(iv)the school’s students (including, for example, by publishing the proposed amendment in the school’s newsletter); and

(b)the amendment was adopted by at least the number of members constituting a quorum for the council; and

(c)the amended constitution is consistent with this Act and otherwise lawful.

(5)In deciding whether to approve an amendment, the chief executive must also have regard to the following matters about the amended constitution—

(a)whether it provides for a membership that—

(i)allows adequate representation by parents, staff, students and other members of the school community; and

(ii)takes into account the demographics of the school community;

(b)whether it provides for the council to perform its functions in an effective and fair way;

(c)whether its provisions are otherwise adequate, clear and appropriate.

96Model constitutions for school councils

The chief executive may prepare model constitutions for school councils (the model constitutions).

97Conduct of business

(1)Subject to its constitution and this part, a school council may conduct its business, including its meetings, in the way it considers appropriate.

(2)However, a school council may only make decisions about how it will carry out its functions if it does so at a council meeting at which a quorum for the council is present.

98Time and place of meetings

(1)School council meetings must be held at the times and places the council decides.

(2)However, a school council’s chairperson—

(a)may call a meeting at any time; and

(b)must call a meeting if asked, in writing, to do so by the Minister, the chief executive or at least the number of its members required to form a quorum for the council.

(3)A school council must meet at least twice in each semester.

99Quorum

A quorum for a school council is the number equal to two-thirds of the number of its members or, if two-thirds is not a whole number, the next highest whole number.

100Presiding at meetings

(1)The school council’s chairperson must preside at all council meetings at which the chairperson is present.

(2)If the chairperson is absent from a council meeting, another council member chosen by the council members present must preside.

101Conduct of meetings

(1)A question at a school council meeting, other than a question about an amendment of the council’s constitution, must be decided by a majority of the votes of the council members present.

(2)Each member present at a council meeting has a vote on each question to be decided and, if the votes are equal, the member presiding has a casting vote.

(3)A member present at a council meeting who abstains from voting is taken to have voted for the negative.

(4)A school council may hold meetings, or allow its members to take part in its meetings, by telephone, video link or another form of communication that allows reasonably contemporaneous and continuous communication between the members taking part in the meeting.

(5)A school council member who takes part in a council meeting under subsection (4) is taken to be present at the meeting.

102Attendance by proxy

(1)A member of a school council for a State school may not attend a meeting of the council by proxy.

(2)However, the school’s principal may attend up to 2 meetings in each year by proxy.

(3)In this section—

proxy does not include an alternative association member for the president of an association formed for the school.

103Disclosure of interest

(1)This section applies to a member of a school council (the interested member) if—

(a)the interested member has a direct or indirect financial interest in an issue being considered, or about to be considered, by the council; and

(b)the interest could conflict with the proper performance of the interested member’s duties when considering the issue.

(2)As soon as practicable after the relevant facts come to the interested member’s knowledge, the interested member must disclose the nature of the interest to a meeting of the council.

(3)Unless the council otherwise directs, the interested member must not—

(a)be present when the council considers the issue; or

(b)take part in a decision of the council about the issue.

(4)The interested member must not be present when the council is considering whether to give a direction under subsection (3).

(5)If there is another member who must, under subsection (2), also disclose an interest in the issue, the other member must not—

(a)be present when the council is considering whether to give a direction under subsection (3); or

(b)take part in making the decision about giving the direction.

(6)If—

(a)because of this section, a member is not present at a council meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3); and

(b)there would be a quorum for the council if the member were present;

the remaining members present are a quorum for the council for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.

(7)A disclosure under subsection (2) must be recorded in the council’s minutes.

104Criminal Law (Rehabilitation of Offenders) Act 1986

(1)For the application of the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 9A, to the office of an elected member, or appointed member, of a school council, a person is taken to apply for the office if the person—

(a)consents to be appointed as an appointed member (whether or not the council has decided to appoint the person); or

(b)stands for election as an elected member.

(2)This section does not apply to an elected student member of the council.

105Public Records Act 2002

A school council is a public authority under the Public Records Act 2002 .

107Public Sector Ethics Act 1994

(1)This section is about the application of the Public Sector Ethics Act 1994 (the Act) to a school council.

(2)For the application of the Act—

(a)a school council is a public sector entity; and

(b)a member of the council is a public official of the entity; and

(c)the chief executive is the chief executive officer of the entity.

(3)For section 15 of the Act, the chief executive must ensure a code of conduct is prepared that, after approval under section 17 of the Act, applies to a school council.

(4)For section 23 of the Act, a reference to the entity’s annual report is a reference to the department’s annual report.

s 107 amd 2010 No. 37 s 177 sch

108Purpose and application

(1)This part is about the establishment and initial operation of a school council.

(2)If there is an inconsistency between this part and another provision of this chapter, this part prevails to the extent of the inconsistency.

109Initial constitution

(1)A State school’s principal must prepare a draft constitution for a proposed school council for the school.

(2) Section 95 (1) to (3) and (5) apply to the preparation as if a reference to a school council amending its constitution were a reference to the school’s principal preparing the proposed council’s draft constitution.

(3)In preparing the draft constitution, the principal—

(a)must consult with—

(i)the parents of children attending the school; and

(ii)the school’s staff and students; and

(b)may consult with other appropriate entities.

(4)If there is an association formed for the school, the president of the association must, under the association’s constitution, call a special meeting of the association (the association meeting) for approving the draft constitution.

(5)The principal must call the following meetings for approving the draft constitution—

(a)if there is no association formed for the school—a meeting of the parents of children attending the school (the parent meeting);

(b)a meeting of the school’s staff (the staff meeting).

(6)The chief executive may not establish a school council for the school unless the association meeting or parent meeting, and the staff meeting, are called and the draft constitution is approved as follows—

(a)if there is an association formed for the school—by secret ballot by a majority of the association’s members attending the association meeting;

(b)if there is no association formed for the school—by secret ballot by a majority of the parents attending the parent meeting;

(c)by secret ballot by a majority of the staff attending the staff meeting.

(7)However, the chief executive may establish a school council for the school, even though the draft constitution is not approved under subsection (6), if the chief executive—

(a)is satisfied of each of the following—

(i)if there is an association formed for the school and the association did not approve the draft constitution under subsection (6)—there were at least 3 association meetings held to discuss the draft constitution during a 3-month period;

(ii)if there is no association formed for the school and the parents of children attending the school did not approve the draft constitution under subsection (6)—there were at least 3 parent meetings held to discuss the draft constitution during a 3-month period;

(iii)if the school’s staff did not approve the draft constitution under subsection (6)—there were at least 3 staff meetings held to discuss the draft constitution during a 3-month period; and

(b)has had regard to the concerns of the association, parents or staff raised at the meetings at which the draft constitution was not approved.

(8)The approved constitution applies to the council on its establishment.

110Initial membership

(1)On its establishment, a school council consists only of its official members.

(2)However, a school council consisting only of its official members may only perform the functions necessary for the election of the council’s elected members.

111First elected members and appointed members

(1)As soon as practicable after a school council is established, its official members must, under the council’s constitution, organise the election of the council’s elected members.

(2)After the election, the council, as constituted by its official members and elected members, may appoint the council’s appointed members.

112Dissolution of a school council

(1)A school council is dissolved—

(a)if the school for which it was established is closed; or

(b)in other circumstances prescribed under a regulation.

(2)On dissolution, the members of the council immediately before the dissolution go out of office.

113Records

(1)As soon as practicable after the dissolution of a school council for a State school, the school’s principal must ensure the council’s records are given to the chief executive.

(2)In this section—

records, of the council, includes all documents held by the council that it has created or acquired in the course of performing its functions.

114School council not to establish committee or subcommittee

A school council must not establish a committee or subcommittee.

115Expense of attending meetings

The chief executive may—

(a)decide the allowance payable to compensate a member of a school council in attending a meeting of the council, the amount of which is dependent on the class of membership of the council; or

(b)reimburse a member of a school council the whole or part of the reasonable expenses incurred by the member in attending a meeting of the council.

116Minister’s power to give directions in the public interest

(1)The Minister may give a school council a written direction about a matter relevant to the performance of its functions under section 81 if the Minister is satisfied it is necessary to give the direction in the public interest.

(2)Without limiting subsection (1), a direction may require the council to comply with—

(a)a policy, standard or other instrument of a public sector unit; or

(b)another document, including, for example, another policy, standard or instrument.

(3)The council must comply with the direction.

(4)A direction to a school council must be addressed to its chairperson and may be sent by post, facsimile or similar facility to the school.

(5)The Minister must give a copy of each direction, given under this section, to the chief executive.

(6)The department’s annual report for a year must include copies of all directions given under this section during the year.

117Protection from liability

(1)A member of a school council does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.

(2)If subsection (1) prevents a civil liability attaching to a member of a school council, the liability attaches instead to the State.

(3)This section does not apply to a member of a school council if the member is a State employee within the meaning of the Public Service Act 2008 , section 26B (4).

Note—

For protection from civil liability in relation to State employees—see the Public Service Act 2008 , section 26C.

s 117 amd 2014 No. 62 s 35

118Formation of parents and citizens association

(1)A parents and citizens association may be formed for a State instructional institution in the way prescribed under a regulation.

(2)The following persons are eligible to be members of a parents and citizens association formed for a State school—

(a)a parent of a child attending the school;

(b)a staff member of the school;

(c)an adult, other than a person mentioned in paragraph (a) or (b), who is interested in the school’s welfare.

(3)The following persons are eligible to be members of a parents and citizens association formed for an educational institution established under section 14—

(a)a staff member of the institution;

(b)an adult, other than a person mentioned in paragraph (a), who is interested in the institution’s welfare.

(4)A State instructional institution’s principal is a member of a parents and citizens association formed for the institution.

119Formation of interim parents and citizens association

(1)An interim parents and citizens association may be formed for a proposed State instructional institution, in the way prescribed under a regulation, within 2 years before the institution’s proposed first day of operation.

(2)An adult interested in the welfare of a proposed State instructional institution is eligible to be a member of an interim parents and citizens association formed for the proposed State instructional institution.

(3)An interim parents and citizens association formed for a proposed State instructional institution is taken to be a parents and citizens association formed for the institution from the start of operation of the institution.

120Objectives of an association

The objectives of an association are to promote the interests of, and facilitate the development and further improvement of, the State instructional institution, or proposed State instructional institution, for which it is formed.

121Functions of an association

(1)An association has the following functions—

(a)fostering community interest in educational matters;

(b)trying to bring about closer cooperation between—

(i)for an association formed for a State school—the parents of children attending the school and other members of the community, staff members of the school and students of the school; or

(ii)for an association formed for an educational institution established under section 14—members of the community and staff members of the institution;

(c)if asked by the principal of the State instructional institution for which it is formed or of its own volition—giving advice and recommendations to the principal about issues relating to persons who receive educational instruction at the institution;

(d)if asked by the principal of the State instructional institution for which it is formed or of its own volition—giving advice and recommendations to the principal about the general operations and management of the institution;

(e)giving, or assisting in the giving of, financial or other resources or services for the benefit of persons who receive educational instruction at the State instructional institution for which it is formed;

(f)performing any other functions, not inconsistent with this Act, as the Minister decides.

(2)In the performance of its functions, an association must comply with this Act and any written directions the Minister may give the association about—

(a)complying with departmental policies that apply to associations; or

(b)a matter relevant to the performance of its functions.

s 121 amd 2006 No. 39 s 512 (2) sch 2

122Dissolution of an association

An association is dissolved—

(a)if the State instructional institution for which it was formed is closed; or

(b)if the number of members of the association is 2 or less; or

(c)in other circumstances prescribed under a regulation.

123Officers

(1)An association must at each annual general meeting of the association elect from its members, as prescribed under a regulation, the following officers—

(a)a president;

(b)at least 1 vice-president;

(c)a secretary;

(d)a treasurer;

(e)any additional officers, as decided by the association.

(2)The officers hold office in an honorary capacity.

(3)The office of treasurer of the association must not be held by the person who is the president or secretary of the association.

(4)The principal of the State instructional institution for which the association is formed may not be an office holder of the association.

124Vacation of office

(1)The office of an officer of an association becomes vacant if the officer—

(a)dies; or

(b)resigns his or her office by signed notice given to—

(i)for the president—a vice-president, or the secretary or treasurer, of the association; or

(ii)for another officer—the president of the association; or

(c)is absent from 3 consecutive meetings of the association, of which the member has been given notice under the association’s constitution, without the association’s leave and without reasonable excuse.

(2)A notice of resignation mentioned in subsection (1) (b) takes effect when the notice is given under that paragraph or, if a later time is stated in the notice, the later time.

(3)In this section—

meeting, of the association, means—

(a)if the relevant officer does not attend—a meeting of the association with a quorum for the association present; or

(b)if the relevant officer attends—a meeting of the association with or without a quorum for the association present.

125Executive committee

(1)There is an executive committee of an association.

(2)The executive committee consists of the following persons—

(a)the president of the association;

(b)the vice-president, or vice-presidents, of the association;

(c)the secretary of the association;

(d)the treasurer of the association.

126Restriction on who may be a member of executive committee

(1) Subsection (2) applies only at the time of election of the office holders of an association under section 123.

(2)The number of relevant staff members of the State instructional institution for which the association is formed who may be members of the executive committee of the association must not be more than one-third of the number of members of the executive committee.

(3) Subsection (2) does not apply to the association if—

(a)the chief executive reasonably believes that compliance with the requirement mentioned in that subsection will prevent all the positions of the executive committee being filled; and

(b)the chief executive notifies the association that it is not required to comply with that subsection.

(4)In this section—

relevant staff member means—

(a)for a State school—a staff member of the school who is not a parent of a child attending the school; or

(b)for an educational institution established under section 14—a staff member of the institution.

127Urgent matters

(1)For urgent matters only relating to the performance of the functions of an association, the executive committee of the association may take any necessary action.

(2)Despite the quorum for the association and section 129 (1), the action may be taken by a majority vote of the executive committee.

(3)However, the executive committee may not remove a person as a member or officer of the association.

(4)If the executive committee acts under subsection (1), details of the action must be tabled at the next scheduled general meeting of the association or at a special meeting called for that purpose.

(5)Failure by the executive committee to comply with subsection (4) does not affect the validity of the action.

128Presiding at meetings

(1)The president of an association must preside at all association meetings at which the president is present.

(2)If the president is absent from an association meeting, but a vice-president of the association is present, a vice-president nominated and confirmed by majority vote at the meeting must preside.

(3)If neither the president or a vice-president is present at an association meeting or the offices are vacant, an association member chosen by the members present must preside.

129Voting

(1)A question at an association meeting is decided by a majority of the votes of the members present.

(2)Each member present at an association meeting has a vote on each question to be decided, and if the votes on a question are equal, the person presiding at the meeting also has a casting vote.

130Subcommittees

(1)An association may establish, and appoint the members of, subcommittees, as prescribed under a regulation.

(2)Subcommittee meetings of an association must be called and conducted—

(a)in the way prescribed under a regulation; and

(b)subject to a regulation made under paragraph (a), in the way the association considers appropriate.

s 130 amd 2006 No. 39 s 512 (2) sch 2

131Constitution

(1)An association must have a constitution.

(2)An association must adopt, or amend, its constitution in the way prescribed under a regulation.

(3)An association’s constitution, or amendment of the constitution, has no effect unless it is approved by the chief executive.

132Use of money received by association

Subject to section 137 (4), any money received by an association must be applied by the association, at the direction of the Minister, to the following purposes—

(a)firstly, in paying expenses lawfully incurred by the association;

(b)secondly, in achieving the objectives, and performing the functions, of an association.

133Association is statutory body under the Statutory Bodies Financial Arrangements Act 1982

(1)An association is a statutory body under the Statutory Bodies Financial Arrangements Act 1982 .

(2)The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which an association’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .

134Financial year

An association must have a financial year starting on 1 January in a year and ending on 31 December in the year.

135Audit of accounts

(1)Subject to the Auditor-General Act 2009 , the accounts of an association for each financial year must be audited as prescribed under a regulation.

(2)An association must, by 31 May of the following year, give the chief executive a copy of its audited accounts for a financial year.

s 135 amd 2009 No. 9 s 136 sch 1

136Definition for pt 8

In this part—

relevant agreement, for an association, means an agreement benefiting persons who receive educational instruction at the State instructional institution for which the association is formed.

137Power to enter into relevant agreements

(1)Despite this Act or another Act, the Minister and an association, acting jointly or severally, may enter into a relevant agreement with any person.

(2)If an association alone proposes to enter into a relevant agreement, before entering into the agreement, it must obtain the written approval of the Minister authorising it to enter into the agreement.

(3)An approval under subsection (2) may be given—

(a)generally for a type of agreement; or

(b)for a particular agreement.

(4)An association must deal with any money it receives under a relevant agreement—

(a)as the Minister directs; or

(b)otherwise—as the association believes appropriate, consistent with the objectives of an association.

(5)A relevant agreement entered into by an association must contain any conditions required by the Minister by notice—

(a)given to the association; or

(b)published in the gazette.

(6)The conditions may relate to a stated relevant agreement or relevant agreements of a stated type.

138President to sign relevant agreement for an association

If an association makes a resolution to enter into a relevant agreement, the association’s president may sign the agreement for the association.

139Regulation may provide for membership

(1)A regulation may make provision about the way in which a person becomes a member of an association.

(2) Subsection (1) is subject to section 118.

(3)However, a person’s membership of an association is renewable each year at the annual general meeting of the association.

(4)A person who is refused membership of an association may make a submission to the Minister about the refusal, and apply, as provided under the QCAT Act, to QCAT for a review of the decision to refuse membership, as if the person had been a member of the association and been removed from the association.

s 139 amd 2009 No. 24 s 130

140Register of members

An association must establish and maintain a register of members of the association in the way prescribed under a regulation.

141Protection from liability

(1)A member of an association does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.

(2)If subsection (1) prevents a civil liability attaching to a member of an association, the liability attaches instead to the State.

(3)This section does not apply to a member of an association if the member is a State employee within the meaning of the Public Service Act 2008 , section 26B (4).

Note—

For protection from civil liability in relation to State employees—see the Public Service Act 2008 , section 26C.

s 141 amd 2014 No. 62 s 36

142Association may employ

An association may employ the persons it considers necessary to achieve the objectives of an association.

143Mandatory insurance cover

An association must purchase and maintain the insurance cover required by the chief executive by notice published from time-to-time in the gazette.

144Proceedings

(1)A proceeding may be started, and conducted, in the name of an association by—

(a)the association’s president; or

(b)another member of the association appointed in writing for this subsection by the president.

(2)However, the Minister’s approval must be obtained before starting the proceeding.

(3)A proceeding may be started, and conducted, against an association in its name.

(4)A document starting proceedings against an association under subsection (3), and any other document relevant to the proceedings, must be served on a member of the association’s executive committee.

(5)As soon as practicable after being served with a document under subsection (4), the person served with the document must give the chief executive a copy of the document.

(6)The Minister may give an association a written direction about a proceeding started by or against the association under this section.

(7)The association must comply with the direction.

145Notice of claim given under Personal Injuries Proceedings Act 2002, s 9 (1)

(1)A notice of a claim required to be given to an association under the PIP Act, section 9 (1) must be given to a member of the association’s executive committee.

(2)As soon as practicable after receiving a notice of a claim under subsection (1), the person who receives the notice must give the chief executive a copy of the notice.

(3)The Minister may give an association a written direction about a notice of a claim given to the association under the PIP Act, section 9 (1).

(4)The association must comply with the direction.

(5)In this section—

claim see the PIP Act, schedule.

PIP Act means the Personal Injuries Proceedings Act 2002 .

146Authority of an association

(1) Subsection (2) applies to a State instructional institution for which an association is formed.

(2)Without derogating from the authority of the institution’s principal in the principal’s capacity as the person in charge of the institution, the association may exercise the authority in relation to the institution that is consistent with the functions of an association.

(3)An association must not exercise any authority over the teaching staff, or over the control or management, of the State instructional institution for which the association is formed.

147Disclosure of interests by members of an association

(1)This section applies to a member of a relevant entity (the interested member) if—

(a)the interested member has a direct or indirect financial interest in an issue being considered, or about to be considered, by the entity; and

(b)the interest could conflict with the proper performance of the interested member’s duties in relation to the consideration of the issue.

(2)As soon as practicable after the relevant facts come to the interested member’s knowledge, the interested member must disclose the nature of the interest to a meeting of the entity.

(3)Unless the entity otherwise directs, the interested member must not—

(a)be present when the entity considers the issue; or

(b)take part in a decision of the entity about the issue.

(4)The interested member must not be present when the entity is considering whether to give a direction under subsection (3).

(5)If there is another member of the entity who must, under subsection (2), also disclose an interest in the issue, the other member must not—

(a)be present when the entity is considering whether to give a direction under subsection (3); or

(b)take part in making the decision about giving the direction.

(6)If—

(a)because of this section, a member of the entity is not present at an entity meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3); and

(b)there would be a quorum for the entity if the member were present;

the remaining members present are a quorum for the entity for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.

(7)A disclosure under subsection (2) must be recorded in the entity’s minutes.

(8)In this section—

relevant entity means—

(a)an association; or

(b)the executive committee, or a subcommittee, of an association.

148Honorary life membership of an association

(1)An association, other than an interim parents and citizens association, may decide to award honorary life membership of the association to a person who is or was a member of the association.

(2)The only basis for the award may be that the person has given long and meritorious service to the association.

(3)The decision must be made by a two-third majority vote of the members present at an annual general meeting of the association.

(4)A person who is the subject of a proposed resolution to award the person honorary life membership of an association must not—

(a)be present during discussions about the proposal, or voting on it, at a meeting of the association; and

(b)if the person is a member of the association—exercise the member’s right to vote on the proposal, despite section 129 (2).

149Definitions for pt 10

In this part—

nominated person, for an association, means a person who is a member, or a member and officer, of the association.

notice of removal means a notice, under section 152 (3), from an association to a nominated person for the association removing the nominated person.

remove, a nominated person for an association, means—

(a)if the person is a member only of the association—remove the person as a member of the association; or

(b)if the person is a member of the association and one of its officers—remove the person as a member and officer of the association, or as an officer of the association only.

removed person see section 153 (1).

150Removal of nominated person

An association may remove a nominated person for the association only under this part.

151Grounds for removal

Each of the following is a ground for removing a nominated person for an association—

(a)the nominated person is convicted of an indictable offence;

(b)the nominated person, without reasonable excuse, contravenes this Act or the association’s constitution;

(c)for a nominated person who is an officer of the association—the nominated person, without reasonable excuse, fails to perform the duties of the office held in a competent manner;

(d)the nominated person engages in other conduct that is injurious or prejudicial to—

(i)the promotion of the interests of, or the facilitating of the development and further improvement of, the State instructional institution, or proposed State instructional institution, for which the association is formed; or

(ii)the good order and management of the State instructional institution, or proposed State instructional institution, for which the association is formed.

152Procedure for removal of nominated person

(1)If an association considers a ground exists to remove a nominated person for the association, the association must give the nominated person a notice stating the following—

(a)the action (the proposed action) the association proposes taking under this part;

(b)the grounds for the proposed action;

(c)an outline of the facts and circumstances forming the basis for the grounds;

(d)an invitation to the nominated person to show, within a stated time of at least 14 days, why the proposed action should not be taken.

(2)If, after considering all written representations made within the stated time, the association still considers a ground to take the proposed action exists, the association may—

(a)if the proposed action was to remove the nominated person as a member only—remove the nominated person as a member; or

(b)if the proposed action was to remove the nominated person as an officer only—remove the nominated person as an officer; or

(c)if the proposed action was to remove the nominated person as both a member and an officer—remove the nominated person as both a member and an officer, or as an officer only.

(3)The association must notify the nominated person of the decision.

(4)The notice must be given within 14 days after the association makes its decision.

(5)If the association decides to remove the nominated person, the notice must state—

(a)the reasons for the decision; and

(b)the day, under subsection (6), on which the decision takes effect; and

(c)that the person may make a submission to the Minister against the decision; and

(d)the name and address of the Minister; and

(e)the way in which the submission may be made.

(6)The decision takes effect on the later of the following—

(a)the day the notice is given to the nominated person;

(b)the day of effect stated in the notice.

(7)However, if the nominated person is removed from office because of the conviction of the person for an indictable offence—

(a)the removal does not take effect until—

(i)the end of the time to appeal against the conviction; and

(ii)if an appeal is made against the conviction—the appeal is finally decided; and

(b)the removal has no effect if the conviction is quashed on appeal.

153Submissions against removal

(1)A nominated person for an association (the removed person) removed by the association under section 152 may make a submission against the removal to the Minister.

(2)The submission must—

(a)be in writing; and

(b)include an address in Australia to which notices for the removed person may be sent; and

(c)state fully the grounds for the submission and the facts relied on; and

(d)include a copy of the notice of removal given to the person.

(3)The submission must be given to the Minister—

(a)within 14 days of the notice of removal being given to the removed person; or

(b)if the Minister allows a later time for giving the submission—the later time.

(4)However, if the removed person resigns or purports to resign from the association as a member or officer after receipt of the notice of removal, the removed person may not make a submission under subsection (1).

154Dealing with submissions against removal

(1)If a submission is made by a removed person under section 153, the Minister must, as soon as practicable, consider the decision the subject of the submission (the removal decision) and the submission.

(2)After reviewing the removal decision, the Minister must make a further decision (the review decision) to—

(a)confirm the removal decision; or

(b)amend the removal decision; or

(c)substitute another decision for the removal decision.

(3)The Minister must, as soon as practicable, give a notice complying with the QCAT Act, section 157 (2).

Note—

See chapter 15, part 4 for review of the decision by QCAT.

s 154 amd 2009 No. 24 s 131; 2014 No. 62 s 37

155Application

(1)An application for the enrolment of a person (the prospective student) at a State school must—

(a)be made to the school’s principal; and

(b)be made in the approved form; and

(c)be accompanied by—

(i)satisfactory evidence that the applicant is eligible to apply for the enrolment; and

(ii)any other documents, identified in the form, the principal reasonably requires to decide the application.

(2)The application may only be made by—

(a)if the prospective student is a child—a parent of the child; or

(b)if the prospective student is an adult—the prospective student.

(3)Despite subsection (2) (a), if the prospective student is a child, the principal may deal with an application for enrolment at the school made by the child if the principal reasonably believes it is in the child’s best interests for the child to make the application.

(4)An application for enrolment as a mature age student of a mature age State school must also comply with section 155B.

s 155 amd 2014 No. 62 s 68

155AEligibility to apply for enrolment—adults

(1)An adult, other than a student visa holder, is only eligible to apply for enrolment—

(a)at a mature age State school; or

(b)as a student in a program of distance education.

(2)Despite subsection (1), an adult may apply for enrolment at a State school if—

(a)the adult has previously been enrolled at a non-State school or State educational institution (the previous school or institution) and on the day of enrolment at the previous school or institution was a child; and

(b)the adult’s proposed first day of attendance at the State school is not more than 12 months after the day the adult last attended the previous school or institution.

s 155A ins 2014 No. 62 s 69

155BAdditional requirements for application for enrolment as mature age student

(1)An application for the enrolment of a person as a mature age student of a mature age State school must—

(a)include the applicant’s consent for the school’s principal to obtain the applicant’s criminal history under chapter 8A; and

(b)be accompanied by the fee prescribed by regulation.

(2)The applicant may give the principal notice of the withdrawal of the application at any time before it is decided.

(3)On receiving the application, the principal may ask the applicant, orally or in writing, for further information the principal reasonably needs to establish the applicant’s identity.

(4)The applicant is taken to have withdrawn the application if—

(a)the principal gives the applicant a notice—

(i)asking the applicant to provide, within a reasonable stated time, stated information the principal reasonably needs to establish the applicant’s identity; and

(ii)stating that, if the applicant does not comply with the request, the applicant’s application will be taken to have been withdrawn; and

(b)the applicant does not comply with the request within the stated time; and

(c)the principal can not establish with certainty the applicant’s identity; and

(d)the principal gives the applicant a notice stating that the applicant is taken to have withdrawn the application.

s 155B ins 2014 No. 62 s 69

156Enrolment

(1)Subject to subsections (2) and (3), the principal must enrol the prospective student at the school if the prospective student is entitled under this Act to be enrolled at the school.

(2)If the principal reasonably believes the prospective student would, if enrolled at the school, pose an unacceptable risk to the safety or wellbeing of members of the school community, the principal must refer the application to the chief executive to be dealt with under division 2.

(2A)If the prospective student applied for enrolment as a mature age student of a mature age State school, the school’s principal must, as part of the principal’s consideration of unacceptable risk under subsection (2), consider the following for each conviction or charge of the student for an offence mentioned in the written report about the student’s criminal history obtained under chapter 8A—

(a)whether the offence is a serious offence;

(b)when the offence was committed or is alleged to have been committed;

(c)the nature of the offence and its relevance to the prospective student being a mature age student of the school;

(d)for a conviction—whether a penalty was imposed, and the nature of the penalty.

(3)If the school is a special school, the principal must refer the application to the chief executive to be dealt with under division 3.

s 156 amd 2014 No. 62 s 70

157Application of div 2

This division applies if a State school’s principal, under section 156 (2), refers an application for enrolment of a prospective student at the school to the chief executive.

158Not a risk to safety or wellbeing

(1) Subsection (2) applies if the chief executive does not reasonably believe the prospective student would, if enrolled at the school, pose an unacceptable risk to the safety or wellbeing of members of the school community.

(2)The chief executive must, as soon as practicable, refer the application back to the principal to be dealt with under section 156.

(3)If the application is referred back to the principal under subsection (2), section 156 (2) does not apply to the application.

159Risk to safety or wellbeing

(1)If the chief executive reasonably believes the prospective student would, if enrolled at the school, pose an unacceptable risk to the safety or wellbeing of members of the school community, the chief executive must give the applicant a notice (a show cause notice) stating the following—

(a)that the chief executive proposes to decide to refuse enrolment of the prospective student at the school (the proposed action);

(b)the grounds for the proposed action;

(c)an outline of the facts and circumstances forming the basis for the grounds;

(d)an invitation to the applicant to show within a stated period (the show cause period) why the proposed action should not be taken.

(2)The show cause period must be a period ending at least 14 days after the show cause notice is given to the applicant.

160Representations about show cause notice

(1)The applicant may make written representations about the show cause notice to the chief executive in the show cause period.

(2)The chief executive must consider all written representations (the accepted representations) made under subsection (1).

161Ending show cause process without further action

(1)If, after considering any accepted representations for the show cause notice, the chief executive does not reasonably believe the prospective student would, if enrolled at the school, pose an unacceptable risk to the safety or wellbeing of members of the school community, the chief executive—

(a)must not take further action about the show cause notice; and

(b)must, as soon as practicable, give notice to the applicant that no further action is to be taken about the show cause notice; and

(c)must, as soon as practicable, refer the application back to the principal to be dealt with under section 156.

(2)If the application is referred back to the principal under subsection (1) (c), section 156 (2) does not apply to the application.

162Refusal of enrolment

(1)This section applies if, after considering any accepted representations for the show cause notice, the chief executive reasonably believes the prospective student would, if enrolled at the school, pose an unacceptable risk to the safety or wellbeing of members of the school community.

(2)This section also applies if there are no accepted representations for the show cause notice.

(3)The chief executive must decide to refuse enrolment of the prospective student at the school.

(4)The chief executive must as soon as practicable—

(a)give an information notice about the decision to the applicant; and

(b)give the principal notice of the decision.

(5)If the chief executive decides to refuse enrolment of the prospective student at the school under this section, the decision is binding on the principal.

163Time limit on making another application for enrolment

If the applicant is given an information notice under section 162 (4), a later application for enrolment of the prospective student at the school may not be made within 1 year after the giving of the information notice.

164Application of div 3

This division applies if a special school’s principal, under section 156 (3), refers an application for enrolment of a prospective student at the school to the chief executive.

165Definition for div 3

(1)For this division, a person with a disability is a person who is decided, under a policy approved under subsection (2), to be unlikely to attain the levels of development of which the person is capable unless the person receives special education.

(2)The Minister must approve a policy about the criteria to be considered in deciding whether a person is a person with a disability.

(3)The chief executive must keep a copy of a policy approved under subsection (2) available for inspection and permit a person—

(a)to inspect the policy without fee; and

(b)to take extracts from the policy without fee.

(4)For subsection (3)—

(a)a copy of the policy—

(i)must be kept at the head office of the department; and

(ii)may be kept at any other place the chief executive considers appropriate; and

(b)the copy kept under paragraph (a) must be available for inspection during office hours on business days for the office or place.

(5)Also, the chief executive must supply a copy of a policy approved under subsection (2), or a part of the policy, to a person on request, without fee.

(6)In addition, the chief executive must keep a copy of a policy approved under subsection (2) posted on the department’s website on the internet.

Editor’s note—

The department’s website address on the internet is <www.education.qld.gov.au>.

s 165 amd 2014 No. 62 s 38

166Requirements for enrolment satisfied

(1) Subsection (2) applies if the chief executive is satisfied—

(a)the prospective student is a person with a disability; and

(b)the special school is able to cater for the educational needs of the prospective student.

(2)The chief executive must, as soon as practicable, refer the application back to the principal to be dealt with under section 156.

(3)If the application is referred back to the principal under subsection (2), section 156 (3) does not apply to the application.

167Requirements for enrolment not satisfied

(1)This section applies if the chief executive is not satisfied—

(a)the prospective student is a person with a disability; and

(b)the special school is able to cater for the educational needs of the prospective student.

(2)The chief executive must decide to refuse enrolment of the prospective student at the school.

(3)The chief executive must, as soon as practicable—

(a)give an information notice about the decision to the applicant; and

(b)give the principal notice of the decision.

(4)If the chief executive decides to refuse enrolment of the prospective student at the school under this section, the decision is binding on the principal.

168Requirements relating to enrolment agreements

(1)A State school’s principal must ensure an up-to-date enrolment agreement applies to the school.

(2)The principal must, before enrolling a prospective student at the school, give a copy of the enrolment agreement to—

(a)if the prospective student is a child—a parent of the prospective student; or

(b)if the prospective student is an adult—the prospective student.

(3)Also, the principal must try to—

(a)have a person who receives a copy of the enrolment agreement under subsection (2) sign the enrolment agreement and return it to the principal; or

(b)obtain a written acknowledgement by a person who receives a copy of the enrolment agreement under subsection (2) that the person received a copy of the enrolment agreement.

(4) Subsection (2) (a) does not apply if the principal is satisfied it would be inappropriate in the circumstances to give a copy of the enrolment agreement to a parent of the prospective student.

Example—

It may be inappropriate to give a copy of the enrolment agreement to a parent of the prospective student if the prospective student is living independently of his or her parents.

(5)If subsection (4) applies, the principal must, before enrolling the prospective student at the school, give a copy of the enrolment agreement to the prospective student.

(6)In this section—

enrolment agreement means a document that states the respective rights and obligations, about the education of persons at a State school, of—

(a)persons enrolled at the school; and

(b)the parents of children enrolled at the school; and

(c)the staff of the school.

169Definitions for pt 3

In this part—

catchment area, for a State school, means the geographical area decided by the chief executive from which the school is to have its principal intake of students.

effective enrolment management plan, for a State school, means an enrolment management plan that has effect for the school under section 170.

enrolment management plan, for a State school, means a document stating—

(a)the school’s catchment area; and

(b)the school’s enrolment capacity for persons whose principal place of residence is outside the catchment area; and

(c)the requirements for enrolment at the school to be satisfied by a person whose principal place of residence is outside the catchment area.

170Preparation of enrolment management plan

(1)The chief executive may prepare an enrolment management plan for a State school.

(2)As soon as practicable after preparing an enrolment management plan for a State school, the chief executive must publish a notice in the gazette stating that—

(a)the enrolment management plan has been prepared; and

(b)a copy of the enrolment management plan is available for public inspection, without charge—

(i)during normal business hours at the department’s head office; and

(ii)on the department’s stated website on the internet.

(3)An enrolment management plan, prepared under subsection (1), has effect on and from—

(a)the day a notice about the enrolment management plan is published under subsection (2); or

(b)a later day stated in the notice.

171Applicant for enrolment—residing in catchment area

(1)This section applies if—

(a)a State school’s principal receives an application, under section 155, for the enrolment of a person at the school; and

(b)there is an effective enrolment management plan for the school; and

(c)the person’s principal place of residence is in the school’s catchment area stated in the effective enrolment management plan.

(2)Subject to this Act, the person is entitled to be enrolled at the school.

172Applicant for enrolment—residing outside catchment area

(1)This section applies if—

(a)a State school’s principal receives an application, under section 155, for the enrolment of a person at the school; and

(b)there is an effective enrolment management plan for the school; and

(c)the person’s principal place of residence is outside the school’s catchment area stated in the effective enrolment management plan; and

(d)the school’s enrolment capacity for persons whose principal place of residence is outside the catchment area, stated in the effective enrolment management plan, is not satisfied.

(2)Subject to this Act, the person is entitled to be enrolled at the school if the person satisfies the requirements for enrolment stated in the effective enrolment management plan.

173Definitions for pt 4

In this part—

effective enrolment eligibility plan, for a State school, means an enrolment eligibility plan that has effect for the school under section 174.

enrolment eligibility plan, for a State school, means a document stating—

(a)the school’s enrolment capacity; and

(b)the requirements for enrolment at the school.

174Preparation of enrolment eligibility plan

(1)The chief executive may prepare an enrolment eligibility plan for a State school.

(2)As soon as practicable after preparing an enrolment eligibility plan for a State school, the chief executive must publish a notice in the gazette stating that—

(a)the enrolment eligibility plan has been prepared; and

(b)a copy of the enrolment eligibility plan is available for public inspection, without charge—

(i)during normal business hours at the department’s head office; and

(ii)on the department’s stated website on the internet.

(3)An enrolment eligibility plan, prepared under subsection (1), has effect on and from—

(a)the day a notice about the enrolment eligibility plan is published under subsection (2); or

(b)a later day stated in the notice.

175Application for enrolment

(1)This section applies if—

(a)a State school’s principal receives an application, under section 155, for the enrolment of a person at the school; and

(b)there is an effective enrolment eligibility plan for the school; and

(c)the school’s enrolment capacity, stated in the effective enrolment eligibility plan for the school, is not satisfied.

(2)Subject to this Act, the person is entitled to be enrolled at the school if the person satisfies the requirements for enrolment stated in the effective enrolment eligibility plan.

ch hdg ins 2014 No. 62 s 71

pt 1 (ss 175A–175B) ins 2014 No. 62 s 71

175ADefinitions for ch 8A

In this chapter—

criminal history, of a relevant mature age student, means both of the following—

(a)every conviction of the student for an offence, in Queensland or elsewhere, whether before or after the commencement;

(b)every charge for an offence made against the student, in Queensland or elsewhere, whether before or after the commencement.

police commissioner means the commissioner of the police service.

relevant mature age student, of a mature age State school, means—

(a)a person who has applied for enrolment as a mature age student of the school; or

(b)a mature age student of the school.

pt 1 (ss 175A–175B) ins 2014 No. 62 s 71

175BApplication of ch 8A

This chapter applies to a relevant mature age student despite the Criminal Law (Rehabilitation of Offenders) Act 1986 .

pt 1 (ss 175A–175B) ins 2014 No. 62 s 71

pt 2 (s 175C) ins 2014 No. 62 s 71

175CMature age State school’s principal may give information to police commissioner

(1)A mature age State school’s principal may, for this chapter, give the police commissioner—

(a)information about whether a person is a relevant mature age student of the mature age State school; and

(b)the name of the person and other identifying information about the person, including the person’s date and place of birth and any alias.

(2)Information given to the police commissioner under subsection (1) must only be used for this chapter.

pt 2 (s 175C) ins 2014 No. 62 s 71

Note—

Section 175H limits the use that can be made of a criminal history report and information contained in the report.

pt 3 (ss 175D–175F) ins 2014 No. 62 s 71

175DMature age State school’s principal must make request about prospective mature age student

(1)This section applies if—

(a)a mature age State school’s principal receives an application by a person for enrolment as a mature age student of the school; and

(b)the application has not been withdrawn.

(2)The principal must, before deciding the application, ask the police commissioner for a written report about the applicant’s criminal history.

pt 3 (ss 175D–175F) ins 2014 No. 62 s 71

175EMature age State school’s principal may make request about mature age student

A mature age State school’s principal may, at any time while a person is a mature age student of the school, ask the police commissioner for a written report about the student’s criminal history.

pt 3 (ss 175D–175F) ins 2014 No. 62 s 71

175FRequest for other information about criminal history

If a mature age State school’s principal asks the police commissioner for a report about a relevant mature age student’s criminal history under section 175D or 175E, the principal may also ask the commissioner for the following information—

(a)a brief description of the circumstances of a conviction or charge for an offence mentioned in the report;

(b)information about the outcome of a charge for an offence mentioned in the report.

pt 3 (ss 175D–175F) ins 2014 No. 62 s 71

pt 4 (ss 175G–175I) ins 2014 No. 62 s 71

175GRequirement for police commissioner to give information about criminal history

(1)The police commissioner must comply with a request made under part 3.

(2)However, subsection (1) applies only in relation to information in the police commissioner’s possession or to which the commissioner has access.

(3)To remove any doubt, it is declared that, despite the Youth Justice Act 1992 , part 9, the police commissioner may disclose information to which that part applies to a person when complying with a request made by the person under part 3.

pt 4 (ss 175G–175I) ins 2014 No. 62 s 71

175HUse of criminal history

(1)A mature age State school’s principal must not use information obtained under section 175G other than for the following—

(a)chapter 8, part 1, division 1;

(b)this chapter;

(c)chapter 12, part 3, division 2 or 3.

(2)The chief executive must not use information obtained under section 175G other than for the following—

(a)chapter 8, part 1, division 2;

(b)chapter 12, part 3.

pt 4 (ss 175G–175I) ins 2014 No. 62 s 71

175IDestruction of criminal history

A mature age State school’s principal must ensure that information obtained by the principal under section 175G is destroyed as soon as practicable after it is no longer needed for the purpose for which it may be used under section 175H.

pt 4 (ss 175G–175I) ins 2014 No. 62 s 71

pt 5 (ss 175J–175L) ins 2014 No. 62 s 71

175JNotice of change in criminal history

(1)This section applies if the police commissioner reasonably suspects a person who is charged with an offence is a relevant mature age student of a mature age State school.

(2)The police commissioner may give the school’s principal notice of the charge.

(3)The notice must state the following—

(a)the person’s name and address;

(b)the person’s date of birth;

(c)the offence the person is charged with;

(d)particulars of the alleged offence;

(e)the date of the charge.

(4)If the principal receives a notice mentioned in subsection (3) about a person and the person is a mature age student of the school, the principal may write to the person to tell the person about the person’s obligations under section 175K.

pt 5 (ss 175J–175L) ins 2014 No. 62 s 71

175KDisclosure of change in criminal history

(1)If there is a change in the criminal history of a relevant mature age student of a mature age State school, the student must give the school’s principal a criminal history change notice before the student next attends the school or otherwise participates in the school’s educational program.

Maximum penalty—20 penalty units.

(2)For a relevant mature age student who does not have a criminal history, there is taken to be a change in the student’s criminal history if the student acquires a criminal history.

(3)In this section—

criminal history change notice, for a relevant mature age student, means a notice, in the approved form, that includes, for a conviction or charge for an offence in the student’s criminal history—

(a)the existence of the conviction or charge; and

(b)when the offence was committed or alleged to have been committed; and

(c)enough details to identify the offence or alleged offence; and

(d)for a conviction—whether or not a conviction was recorded, and the sentence imposed on the student.

pt 5 (ss 175J–175L) ins 2014 No. 62 s 71

175LFalse or misleading information or documents

(1)A relevant mature age student of a mature age State school must not give information to the school’s principal under this part that the student knows is false or misleading in a material particular.

Maximum penalty—20 penalty units.

(2)A relevant mature age student of a mature age State school must not give a document to the school’s principal under this part that contains information the student knows is false or misleading in a material particular.

Maximum penalty—20 penalty units.

(3) Subsection (2) does not apply to a relevant mature age student if the student, when giving the document to the principal—

(a)tells the principal, to the best of the student’s ability, how it is false or misleading; and

(b)gives the correct information to the principal if the student has, or can reasonably obtain, the correct information.

pt 5 (ss 175J–175L) ins 2014 No. 62 s 71

176Obligation of each parent

(1)Each parent of a child who is of compulsory school age must—

(a)ensure the child is enrolled at a State school or non-State school; and

(b)ensure the child attends the State school or non-State school, on every school day, for the educational program in which the child is enrolled;

unless the parent has a reasonable excuse.

Maximum penalty—

(a)for a first offence—6 penalty units; or

(b)for a second or subsequent offence, whether or not relating to the same child of the parent—12 penalty units.

(2)Without limiting subsection (1), it is a reasonable excuse for a parent (the relevant parent) that—

(a)the child lives with another parent and the relevant parent believes, on reasonable grounds, that the other parent is complying with subsection (1); or

(b)in all the circumstances, the relevant parent is not reasonably able to control the child’s behaviour to the extent necessary to comply with subsection (1).

(3) Subsection (1) applies subject to parts 2 to 4.

s 176 amd 2006 No. 39 s 512 (2) sch 2; 2006 No. 39 s 512 (3) sch 3

177What is attendance

(1)A child attends a State school or non-State school only if the child complies with the school’s requirements about physically attending, at particular times, its premises or another place.

(2)However, despite subsection (1)—

(a)a child enrolled in a program of distance education is taken to attend the school of distance education offering the program by completing and returning the assigned work for the program; and

(b)a child enrolled in an external program is taken to attend the State school or non-State school offering the program by complying with its requirements about communicating with or contacting the school for the purpose of participating in the program.

178Notice to, and meeting with, parent

(1)This section applies if an authorised officer reasonably suspects—

(a)a child who is of compulsory school age—

(i)is not enrolled at a State school or non-State school; or

(ii)is not attending the State school or non-State school at which the child is enrolled, on every school day, for the educational program in which the child is enrolled; and

(b)parts 2 to 4 do not apply to the child.

(2)The officer may give a parent of the child a notice in the approved form about the parent’s obligation under section 176 (1).

(3)The officer may also meet with the parent to discuss the obligation.

(4)If, despite the officer taking reasonable steps to meet with the parent under subsection (3), no meeting is held, the officer may give the parent a warning notice in the approved form.

(5)For the Police Powers and Responsibilities Act 2000 , section 16, an authorised officer acting under this section is a public official performing a function authorised by this Act.

(6)In this section—

authorised officer means the chief executive or an officer of the department authorised by the chief executive for this section.

s 178 amd 2006 No. 39 s 512 (2) sch 2; 2006 No. 39 s 512 (3) sch 3

179Limits on proceedings against a parent

(1)Proceedings for an offence against section 176 (1) may be brought against a parent—

(a)by the chief executive or with the chief executive’s consent; and

(b)only if the time when the parent is alleged to have committed the offence is after—

(i)the parent has been given a notice under section 178 (2); and

(ii)at least 1 meeting has been held with the parent under section 178 (3) or the parent has been given a warning notice under section 178 (4).

Note—

Under section 432, the chief executive may delegate the chief executive’s functions under this section to an appropriately qualified officer of the department.

(2)The chief executive (child safety) is not liable to be prosecuted for an offence against section 176 (1).

s 179 amd 2014 No. 62 s 39

180Notice to principal of non-State school

(1)The chief executive may, by notice given to the principal of a non-State school, ask the principal for information about—

(a)the enrolment or attendance at the school of a child who is of compulsory school age; or

(b)decisions made under section 189, including information in the record kept by the school’s governing body under section 197A.

(2)Without limiting subsection (1), the chief executive may ask for information that the chief executive believes may—

(a)help in the investigation of an alleged contravention of section 176 (1); or

(b)help the chief executive or an authorised person acting under section 178; or

(c)otherwise help the chief executive or an authorised person to decide whether or not a parent is contravening section 176 (1).

s 180 amd 2014 No. 62 s 72

181Protection from liability

(1)This section applies to a principal of a non-State school for complying with a request of the chief executive under section 180.

(2)The principal is not civilly liable for an act done, or omission made, honestly and without negligence for complying with the request.

(3)If subsection (2) prevents a civil liability attaching to the principal, the liability attaches instead to the non-State school’s governing body.

182Flexible arrangements—non-State school

(1)The authorised entity for a non-State school may approve arrangements for a student enrolled at the school that are to apply to the student instead of participation in the school’s educational programs in the usual way.

(2)The authorised entity may approve the arrangements only if—

(a)a teacher has prepared written assessments of—

(i)the student’s educational and other needs; and

(ii)the learning outcomes that the arrangements are intended to achieve; and

(iii)the suitability of each provider for the arrangements; and

(b)the authorised entity has considered—

(i)the written assessments prepared under paragraph (a); and

(ii)how, and by whom, the student’s participation in the arrangements is to be monitored; and

(iii)how, and by whom, each provider’s involvement in the arrangements is to be monitored and its effectiveness evaluated; and

(c)the authorised entity is satisfied the arrangements are appropriate, having regard to—

(i)the student’s individual needs and circumstances; and

(ii)what the authorised entity considers is most likely to achieve the best learning outcomes for the student; and

(iii)the desirability, unless it would be inappropriate in all the circumstances, of the arrangements requiring the student’s participation at a level that is equivalent to full-time participation in the school’s educational programs in the usual way; and

(iv)any other matter prescribed under a regulation.

(3)However, the authorised entity must not approve the arrangements unless—

(a)if the student is of compulsory school age—

(i)a parent of the student has given written agreement to the arrangements; and

(ii)the authorised entity has discussed the arrangements with the student to the extent the authorised entity considers appropriate, having regard to the student’s age and other relevant circumstances; or

(b)if the student is in the compulsory participation phase—

(i)the student gives written agreement to the arrangements; and

(ii)the authorised entity has discussed the arrangements with the student’s parents to the extent the authorised entity considers is practicable and appropriate in the circumstances.

(4)The non-State school’s governing body must keep, for at least 5 years after the arrangements stop applying to the student—

(a)the written assessments prepared under subsection (2) (a); and

(b)a record of the authorised entity’s consideration of the matters stated in subsection (2) (b); and

(c)the written agreement obtained under subsection (3).

(5) Subsection (3) (a) (i) does not apply if the authorised entity is satisfied it would be inappropriate in the circumstances to require the written agreement of a parent.

Example—

It may be inappropriate to require a parent’s written agreement if the student is living independently of his or her parents.

(6)In this section—

authorised entity, for a non-State school, means—

(a)the school’s governing body; or

(b)a staff member of the school given written authorisation by the governing body for this section.

provider, in relation to arrangements for a student, means an entity directly involved in providing a program to the student under the arrangements.

student means a student who is of compulsory school age or in the compulsory participation phase.

183Flexible arrangements—State school

(1)The chief executive may approve arrangements for a student enrolled at a State school that are to apply to the student instead of participation in the school’s educational programs in the usual way.

(2) Section 182 (2), (3), (5) and (6), except the definition authorised entity, apply to the chief executive and the student as if—

(a)a reference to the authorised entity were a reference to the chief executive; and

(b)a reference to the non-State school were a reference to the State school.

184Definitions for pt 3

In this part—

exemption means—

(a)for an exemption for which the chief executive is the relevant decision-maker—an exemption from compliance with section 176 (1); or

(b)for an exemption for which a non-State school’s principal is the relevant decision-maker—an exemption from compliance with section 176 (1) (b).

relevant decision-maker see section 186 (1).

s 184 sub 2014 No. 62 s 73

div hdg sub 2014 No. 62 s 74

185Chief executive may grant exemption

(1)The chief executive may grant an exemption for a child if the chief executive is reasonably satisfied—

(a)the child can not attend a State school or non-State school; or

(b)it would be unreasonable in all the circumstances to require the child to attend a State school or non-State school.

(2)The chief executive may grant the exemption for a stated or indefinite period.

(3)Despite subsection (1), the chief executive may not grant an exemption from compliance with section 176 (1) (b) for a child under this section if—

(a)the child is enrolled at a non-State school; and

(b)the period of the exemption would not, if it were granted, cause the total of the periods of exemptions granted under this section or section 185A for the child to be more than 110 school days in a year.

s 185 amd 2013 No. 37 s 19 sch 1; 2014 No. 62 s 75

185ANon-State school’s principal may grant exemption from requirement to attend school

A non-State school’s principal may grant an exemption from compliance with section 176 (1) (b) for a child enrolled at the school if—

(a)the principal is reasonably satisfied—

(i)the child can not attend the school; or

(ii)it would be unreasonable in all the circumstances to require the child to attend the school; and

(b)the period of the exemption would not, if it were granted, cause the total of the periods of exemptions granted under section 185 or this section for the child to be more than 110 school days in a year.

s 185A ins 2014 No. 62 s 76

186Application for exemption

(1)A parent of a child may apply to the following person (the relevant decision-maker) for an exemption for the child—

(a)for an application for an exemption under section 185—the chief executive;

(b)for an application for an exemption under section 185A—the principal of the non-State school at which the child is enrolled.

(2)The applicant must provide any other relevant information reasonably required by the relevant decision-maker to decide the application.

s 186 sub 2014 No. 62 s 77

187Lapsing of application

(1)The relevant decision-maker may make a requirement under section 186 (2), for information to decide the application, by giving the applicant a notice stating—

(a)the required information; and

(b)the time by which the information must be given to the relevant decision-maker; and

(c)that, if the information is not given to the relevant decision-maker by the stated time, the application will lapse.

(2)The time stated must be reasonable and, in any case, at least 14 days after the requirement is made.

(3)The relevant decision-maker may withdraw the requirement, or part of the requirement, at any time.

(4)Before the stated time ends, the relevant decision-maker may give the applicant a further notice extending the stated time if the relevant decision-maker is satisfied it would be reasonable in all the circumstances to give the extension.

(5)If the applicant does not comply with the requirement within the stated time, or any extension, the application lapses.

s 187 amd 2014 No. 62 s 78

188Temporary exemption until application is decided

(1)For an application for an exemption under section 185, section 176 (1) does not apply to a parent of the child until—

(a)14 days after the chief executive gives notice to the applicant under section 189; or

(b)the application lapses.

(2)For an application for an exemption under section 185A, section 176 (1) (b) does not apply to a parent of the child until—

(a)14 days after the non-State school’s principal gives notice to the applicant under section 189; or

(b)the application lapses.

s 188 amd 2014 No. 62 s 79

189Decision

(1)The relevant decision-maker must consider the application and either grant, or refuse to grant, the exemption.

(2)If the relevant decision-maker decides to grant the exemption, the relevant decision-maker must as soon as practicable grant the exemption to the applicant.

(3)If the relevant decision-maker decides to refuse to grant the exemption, the relevant decision-maker must as soon as practicable give the applicant an information notice about the decision.

s 189 amd 2014 No. 62 s 80

190Contents of exemption

(1)This section applies if the relevant decision-maker decides to grant an exemption for a child.

(2)The exemption must state each of the following—

(a)the day the exemption is granted;

(b)the name of the child to whom the exemption relates;

(c)if the exemption does not apply for an indefinite period—the day of its expiry;

(d)any conditions on which the exemption is granted;

(e)whether the relevant decision-maker has granted any other exemptions for the child in the year in which the exemption is granted, and, if so, the period of each exemption.

s 190 amd 2014 No. 62 s 81

191Imposition of conditions

(1)The relevant decision-maker may, in granting the exemption, decide to impose conditions on the exemption that are relevant and reasonable.

(2)If the relevant decision-maker decides to grant an exemption on conditions, the relevant decision-maker must as soon as practicable give the applicant an information notice about the decision.

s 191 amd 2014 No. 62 s 82

192Lesser period of exemption than that applied for

(1)The relevant decision-maker may, in granting the application, decide to grant the exemption for a lesser period than that applied for by the applicant for the exemption.

(2)If the relevant decision-maker decides to grant an exemption for a lesser period than that applied for by the applicant for the exemption, the relevant decision-maker must as soon as practicable give the applicant an information notice about the decision.

s 192 amd 2014 No. 62 s 83

193Grounds for cancellation

Each of the following is a ground for cancelling an exemption for a child—

(a)the ground for the grant of the exemption no longer applies to the child; or

(b)a condition of the exemption has been contravened.

s 193 amd 2014 No. 62 s 84

194Show cause notice

(1)If the relevant decision-maker reasonably believes a ground exists to cancel the exemption for a child, the relevant decision-maker must give a parent of the child a notice under this section (a show cause notice).

(2)The show cause notice must state the following—

(a)the action (the proposed action) the relevant decision-maker proposes taking under this division;

(b)the ground for the proposed action;

(c)an outline of the facts and circumstances forming the basis for the ground;

(d)an invitation to the parent to show within a stated period (the show cause period) why the proposed action should not be taken.

(3)The show cause period must be a period ending at least 30 days after the show cause notice is given to the parent.

s 194 amd 2014 No. 62 s 85

195Representations about show cause notice

(1)The parent may make written representations about the show cause notice to the relevant decision-maker in the show cause period.

(2)The relevant decision-maker must consider all written representations (the accepted representations) made under subsection (1).

s 195 amd 2014 No. 62 s 86

196Ending show cause process without further action

If, after considering any accepted representations for the show cause notice, the relevant decision-maker no longer believes the ground to cancel the exemption exists, the relevant decision-maker—

(a)must not take further action about the show cause notice; and

(b)must, as soon as practicable, give notice to the parent that no further action will be taken about the show cause notice.

s 196 amd 2014 No. 62 s 87

197Cancellation

(1)This section applies if, after considering any accepted representations for the show cause notice, the relevant decision-maker—

(a)still believes the ground to cancel the exemption exists; and

(b)believes cancellation of the exemption is warranted.

(2)This section also applies if there are no accepted representations for the show cause notice.

(3)The relevant decision-maker may decide to cancel the exemption.

(4)The relevant decision-maker must, as soon as practicable, give an information notice about the decision to the parent.

(5)The decision does not take effect until—

(a)the last day to apply for a review of the decision; or

(b)if the decision is reviewed—

(i)the last day to apply under chapter 15, part 2 for a review of the decision; or

(ii)if a review of the decision is applied for—the day the review is decided.

(6)In this section—

review, of a decision, means review of the decision under chapter 15, part 1.

review decision see section 392 (2).

s 197 amd 2009 No. 24 s 132; 2014 No. 62 s 88

div 5 (s 197A) ins 2014 No. 62 s 89

197ARecord of decisions about exemptions—non-State schools

(1)The governing body of a non-State school must keep a record of each decision made by the school’s principal under section 189 as required under subsection (2).

Maximum penalty—20 penalty units.

(2)The record must—

(a)be kept for at least 5 years from the day the decision was made; and

(b)for a decision to grant an application for an exemption—include the matters mentioned in section 190 (2).

div 5 (s 197A) ins 2014 No. 62 s 89

198Activities under Commonwealth law

Section 176 (1) does not apply to the extent it is inconsistent with a law of the Commonwealth under which a person who is of compulsory school age may carry on an activity other than attending a State school or non-State school.

199Home education

(1) Section 176 (1) does not apply to a child who is provisionally registered, or registered, for home education under part 5.

(2)Also, section 176 (1) does not apply to a child—

(a)if an application has been made, under part 5, for the provisional registration, or registration, of the child for home education; and

(b)the applicant has not been given notice of the decision on the application.

200Child’s exclusion or suspension

(1) Section 176 (1) does not apply—

(a)to a child who is excluded from all State schools; or

(b)for a child who is excluded from a particular State school, during the time reasonably required, after the exclusion, for a parent of the child—

(i)to arrange the child’s enrolment with another State school or a non-State school; or

(ii)to provisionally register, or register, the child for home education under part 5; or

(c)for a child who is excluded from particular State schools, during the time reasonably required, after the exclusion, for a parent of the child—

(i)to arrange the child’s enrolment with a State school not affected by the exclusion or a non-State school; or

(ii)to provisionally register, or register, the child for home education under part 5.

(2) Section 176 (1) (b) does not apply—

(a)for a child who is suspended from a State school at which the child is enrolled—while the child is suspended and the child’s access to an educational program under section 284, 294 or 301 has not been arranged; or

(b)for a child who is suspended from a non-State school at which the child is enrolled—while the child is suspended.

(3)In this section—

excluded means excluded under chapter 12, part 3.

suspended means suspended under chapter 12, part 3.

s 200 amd 2009 No. 24 s 133; 2010 No. 50 s 9; 2013 No. 59 s 7

201Child’s illness

(1) Section 176 (1) (b) does not apply to a child for a period of not more than 10 consecutive school days during which the child is too ill to attend the State school or non-State school at which the child is enrolled.

Note—

If a child is prevented by illness from attending school for a longer period, an exemption from compliance with section 176 (1) may be granted under part 3.

(2)A regulation may provide for the obligations of the parents of a child mentioned in subsection (1).

s 201 amd 2014 No. 62 s 90

202Infectious or contagious disease or condition

Section 176 (1) (b) does not apply to a child who is prevented from attending school because the child is, or is a member of a class of persons that is, subject to a direction given, or declaration, order or requirement made, under an Act or other law about an infectious or contagious disease or condition.

203Application for enrolment pending

Section 176 (1) does not apply to a child—

(a)if an application has been made, under section 155, for the enrolment of the child at a State school; and

(b)the applicant has not received notice of the decision on the application.

204Apprentice or trainee under the Further Education and Training Act 2014

Section 176 (1) does not apply to a child who is, or for whom an arrangement has been made for the child to become, an apprentice or trainee under the Further Education and Training Act 2014 .

s 204 amd 2014 No. 25 s 223 sch 1 pt 2

205Definitions for pt 5

In this part—

home education, for a child, means the education of the child provided by 1 or both of the child’s parents, or a registered teacher, primarily at the child’s usual place of residence.

provisional registration, of a child for home education, means the provisional registration of the child for home education under section 207.

registration, of a child for home education, means the registration of the child for home education under section 213.

standard conditions of registration see section 217 (1).

206Who is eligible for provisional registration or registration

A child is eligible for provisional registration, or registration, for home education if the child—

(a)will be of at least the compulsory school age on 31 December in the year the provisional registration or registration takes effect; or

(b)is in the compulsory participation phase.

s 206 sub 2014 No. 62 s 40

207Provisional registration

(1)An application for provisional registration of a child for home education must—

(a)be made in writing to the chief executive; and

(b)state—

(i)the applicant’s name; and

(ii)the child’s name and date of birth; and

(iii)the address of the child’s usual place of residence; and

(c)be accompanied by evidence, satisfactory to the chief executive, that—

(i)the child is eligible for provisional registration for home education; and

(ii)the applicant is a parent of the child.

(2)The chief executive must, as soon as practicable after receiving the application, notify the applicant that the child is provisionally registered for home education.

(3)Provisional registration of the child for home education ends 60 days after the giving of the notice under subsection (2).

(4)However, if an application is made for registration of the child for home education during the provisional registration period, the provisional registration continues until the day the chief executive notifies the applicant of the chief executive’s decision on the application.

(5)An application under this section may relate to only 1 child.

208Procedural requirements for application

(1)An application for registration of a child for home education must be—

(a)made to the chief executive; and

(b)in the approved form; and

(c)accompanied by—

(i)evidence, satisfactory to the chief executive, that—

(A)the child is eligible for registration for home education; and

(B)the applicant is a parent of the child; and

(ii)a summary of the educational program to be used, or learning philosophy to be followed, for the home education; and

(iii)any other documents, identified in the approved form, the chief executive reasonably requires to decide the application.

(2)Information in, or accompanying, the application must, if the approved form requires, be verified by a statutory declaration.

(3)An application under this section may relate to only 1 child.

209Withdrawal of application

(1)A person may, by notice given to the chief executive, withdraw the person’s application for the registration of a child for home education.

(2)If, under subsection (1), a person withdraws the person’s application for the registration of a child for home education, the child’s provisional registration for home education under section 212 is cancelled.

210Chief executive must ensure compliance with procedural requirements

(1)If the chief executive considers an application for the registration of a child for home education does not comply with a procedural requirement, the chief executive must, by notice given to the applicant, require the applicant to comply with the requirement within a reasonable period, of at least 28 days, stated in the notice.

(2)However, the chief executive and applicant may, within the period stated in the notice, agree to extend the period for complying with the procedural requirement to a day (the agreed compliance day) after the end of the period stated in the notice.

(3)If the applicant does not comply with the procedural requirement within the period stated in the notice, or by the agreed compliance day, the chief executive may decide to refuse to grant the application.

(4)If the chief executive decides to refuse to grant the application—

(a)the chief executive must give the applicant an information notice about the decision; and

(b)the child’s provisional registration for home education under section 212 is cancelled.

211Chief executive may require further information or documents

(1)If the chief executive considers further information or a document is required for deciding an application for the registration of a child for home education, the chief executive may, by notice given to the applicant, require the applicant to give the information or document to the chief executive within a reasonable period, of at least 28 days, stated in the notice.

(2)The chief executive may also require the information or document to be verified by a statutory declaration.

(3)Despite subsection (1), the chief executive and applicant may, within the period stated in the notice, agree to extend the period for complying with a requirement under subsection (1) to a day (the agreed compliance day) after the end of the period stated in the notice.

(4)If the applicant does not comply with a requirement under subsection (1) within the period stated in the notice, or by the agreed compliance day, the chief executive may decide to refuse to grant the application.

(5)If the chief executive decides to refuse to grant the application—

(a)the chief executive must give the applicant an information notice about the decision; and

(b)the child’s provisional registration for home education under section 212 is cancelled.

212Child taken to be provisionally registered while application decided

(1)This section applies if an application is made for the registration of a child for home education.

(2)The child is provisionally registered, under this section, for home education until—

(a)if the chief executive decides to grant the application—the day the decision is made; or

(b)if the chief executive decides to refuse to grant the application—the day an information notice about the decision is given to the applicant under section 214 (2).

(3)The chief executive must, as soon as practicable after receiving the application, notify the applicant that the child is provisionally registered, under this section, for home education.

213Decision

(1)The chief executive must consider an application for the registration of a child for home education and decide whether the chief executive is satisfied the standard conditions of registration will be complied with.

(2)If the chief executive is satisfied the standard conditions of registration will be complied with, the chief executive must decide to register the child for home education.

214Steps to be taken after application decided

(1)If the chief executive decides to grant an application for the registration of a child for home education, the chief executive must as soon as practicable issue a certificate of registration, for the child, to the applicant.

(2)If the chief executive decides to refuse to grant an application for the registration of a child for home education, the chief executive must as soon as practicable give the applicant an information notice about the decision.

215Failure to decide application

(1)Subject to subsection (3), if the chief executive fails to decide an application for the registration of a child for home education within 90 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.

(2) Subsection (3) applies if the chief executive has, under section 211 (1), required an applicant for the registration of a child for home education to give the chief executive further information or a document.

(3)The chief executive is taken to have decided to refuse to grant the application if the chief executive fails to decide the application within 90 days after the chief executive receives the further information or document.

216Minimum details to be recorded on certificate of registration

A certificate of registration of a child for home education must include at least the following—

(a)the child’s name and date of birth;

(b)the address of the child’s usual place of residence;

(c)the names of the child’s parents;

(d)any conditions of registration imposed by the chief executive.

217Standard conditions

(1)The registration of a child for home education is subject to the following conditions (the standard conditions of registration)—

(a)the child’s parents must ensure the child receives a high-quality education;

(b)a parent of the child must give to the chief executive a written report on the educational progress of the child while undertaking home education;

(c)a parent of the child must notify the chief executive of any change in the address of the child’s usual place of residence within 28 days after the change happens.

(2)A report mentioned in subsection (1) (b) must—

(a)be given to the chief executive at least 2 months, but not more than 3 months, before each anniversary of the registration; and

(b)be in the approved form; and

(c)be accompanied by any other documents, identified in the approved form, the chief executive reasonably requires.

218Imposition of conditions

(1)The chief executive may, in granting an application for the registration of a child for home education, decide to impose conditions on the registration that are relevant and reasonable.

(2)If the chief executive decides to impose conditions on the registration, the chief executive must as soon as practicable give the applicant an information notice about the decision.

219Changing conditions

(1)The chief executive may change the conditions of the registration of a child for home education imposed by the chief executive if there is a reasonable basis to make the change.

(2)Before deciding to change the conditions, the chief executive must—

(a)give notice to a parent of the child stating—

(i)the particulars of the proposed change; and

(ii)that the parent may make written submissions to the chief executive about the proposed change within a reasonable period of at least 21 days stated in the notice; and

(b)have regard to written submissions made to the chief executive by the parent within the stated period.

(3)If the chief executive decides to change the conditions, the chief executive must as soon as practicable give the parent an information notice about the decision.

(4)If the chief executive decides to change the conditions, the change takes effect on the day an information notice about the decision is given to the parent and does not depend on a replacement certificate of registration being issued under section 220.

(5)The power of the chief executive under subsection (1) includes the power to add conditions to the registration of a child for home education that is not subject to conditions imposed by the chief executive.

220Replacing certificate of registration

(1)This section applies if a child’s parent receives an information notice, under section 219 (3), about a decision relating to a change of the conditions of the registration of the child for home education.

(2)The parent must return the certificate of registration to the chief executive within 14 days after receiving the notice.

(3)On receiving the certificate, the chief executive must issue another certificate of registration to the parent to replace the certificate returned to the chief executive.

221Grounds for cancellation

Each of the following is a ground for cancelling the registration of a child for home education—

(a)a parent of the child has contravened a condition of the registration;

(b)the chief executive is not reasonably satisfied about the educational progress being made by the child;

(c)the child was registered because of a materially false or misleading representation or declaration.

222Show cause notice

(1)If the chief executive reasonably believes a ground exists to cancel the registration of a child for home education, the chief executive must give a parent of the child a notice under this section (a show cause notice).

(2)The show cause notice must state the following—

(a)the action (the proposed action) the chief executive proposes taking under this division;

(b)the ground for the proposed action;

(c)an outline of the facts and circumstances forming the basis for the ground;

(d)an invitation to the parent to show within a stated period (the show cause period) why the proposed action should not be taken.

(3)The show cause period must be a period ending at least 30 days after the show cause notice is given to the parent.

223Representations about show cause notice

(1)The parent may make written representations about the show cause notice to the chief executive in the show cause period.

(2)The chief executive must consider all written representations (the accepted representations) made under subsection (1).

224Ending show cause process without further action

If, after considering any accepted representations for the show cause notice, the chief executive does not believe the ground exists to cancel the registration, the chief executive—

(a)must not take further action about the show cause notice; and

(b)must, as soon as practicable, notify the parent that no further action will be taken about the show cause notice.

225Cancellation

(1)This section applies if, after considering any accepted representations for the show cause notice, the chief executive—

(a)still believes the ground exists to cancel the registration; and

(b)believes cancellation of the registration is warranted.

(2)This section also applies if there are no accepted representations for the show cause notice.

(3)The chief executive may decide to cancel the registration.

(4)The chief executive must as soon as practicable give an information notice about the decision to the parent.

(5)The decision takes effect on the day an information notice about the decision is given to the parent.

226Return of cancelled certificate of registration to chief executive

(1)This section applies if—

(a)the chief executive decides to cancel the registration of a child for home education under section 225; and

(b)the decision takes effect under section 225 (5).

(2)The parent must return the certificate of registration to the chief executive within 28 days after the decision takes effect.

(3)However, subsection (2) does not apply until—

(a)the last day to apply for a review of the decision; or

(b)if the decision is reviewed—

(i)the last day to apply under chapter 15, part 2 for a review of the decision; or

(ii)if a review of the decision is applied for—the day the review is decided.

(4)In this section—

review, of a decision, means review of the decision under chapter 15, part 1.

review decision see section 392 (2).

s 226 amd 2009 No. 24 s 134

227Surrender

(1)A parent of a child who is provisionally registered, or registered, for home education may, by notice given to the chief executive, surrender the provisional registration or registration.

(2)The surrender takes effect—

(a)on the day the notice is given to the chief executive; or

(b)if a later day of effect is stated in the notice—on the later day.

(3)If the child is registered for home education, the parent must return the certificate of registration to the chief executive within 14 days after the day the surrender takes effect.

228Obligation to surrender

(1)This section applies if a child who is provisionally registered, or registered, for home education stops receiving home education.

(2)A parent of the child must—

(a)as soon as practicable after the child stops receiving home education, surrender the provisional registration or registration under section 227; and

(b)if, at the time of the surrender, the child is enrolled by the parent, or an application has been made by the parent for the enrolment of the child, at a State school or non-State school—when giving notice of the surrender, notify the chief executive of the enrolment or application, and the school’s name.

229Simultaneous enrolment at State school or non-State school prohibited

(1)A child who is provisionally registered, or registered, for home education may not be simultaneously enrolled at a State school or non-State school.

(2)A child is not eligible for provisional registration, or registration, for home education while the child is enrolled at a State school or non-State school.

230Employment of child who is of compulsory school age

(1)A parent of a child who is of compulsory school age must not employ the child, or allow the child to be employed, during the time the child is required under this chapter to attend a State school or non-State school, unless the parent has a reasonable excuse.

Maximum penalty—6 penalty units.

(2)For subsection (1), a parent of a child who causes or allows the child to engage in any calling carried on by the parent by way of trade or for gain is taken to employ the child.

(3) Subsection (1) does not apply—

(a)to the employment of the child—

(i)under arrangements approved for the child under chapter 9, part 2; or

(ii)under an apprenticeship or traineeship under the Further Education and Training Act 2014 ; or

(b)while an exemption is in force for the child under chapter 9, part 3.

(4)Also, subsection (1) applies subject to a law of the Commonwealth under which a person who is of compulsory school age may be employed.

(5)A parent of a child who is of compulsory school age must not give to any of the following persons information, which the parent knows to be false, about the age of the child or any other matter to which subsection (1) or (2) relates—

(a)any person employing the child;

(b)any person who, after the giving of the information, employs the child;

(c)any person appointed under this Act.

Maximum penalty—6 penalty units.

Note—

See the Child Employment Act 2006 , part 2 for other provisions restricting the ability of a child who is of compulsory school age to work.

s 230 amd 2014 No. 25 s 223 sch 1 pt 2

231Compulsory participation phase

A young person’s compulsory participation phase—

(a)starts when the person stops being of compulsory school age; and

(b)ends when the person—

(i)gains a certificate of achievement, senior statement, certificate III or certificate IV; or

(ii)has participated in eligible options for 2 years after the person stopped being of compulsory school age; or

(iii)turns 17 years.

s 231 amd 2006 No. 55 s 10

232Eligible options and providers

(1)In the following table, each of the options listed is an eligible option and the entity stated opposite is the provider for the option.

eligible option	provider
an educational program provided under this Act	a State school
an educational program provided under the Education (Accreditation of Non-State Schools) Act 2001	a non-State school
a course of study under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth)	a registered higher education provider
a VET course under the National Vocational Education and Training Regulator Act 2011 (Cwlth)	a registered training organisation
an apprenticeship or traineeship under the Further Education and Training Act 2014	a registered training organisation
a departmental employment skills development program under the Further Education and Training Act 2014	the chief executive administering the Further Education and Training Act 2014

(2)In this section—

registered higher education provider see the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth) , section 5.

s 232 amd 2007 No. 53 s 30 sch; 2008 No. 25 s 164 sch 1; 2012 No. 11 s 43 sch pt 2; 2013 No. 27 s 70 sch 1 pt 2; 2014 No. 25 s 223 sch 1 pt 2

233Application of pt 2

This part applies to an eligible option other than an apprenticeship or traineeship under the Further Education and Training Act 2014 .

s 233 amd 2014 No. 25 s 223 sch 1 pt 2

234What is participation

(1)A young person is participating in an eligible option only if the person is—

(a)enrolled with the provider in the relevant program or course; and

(b)complying with the provider’s attendance requirements for the program or course.

(2)The provider’s attendance requirements for a program or course are the requirements about physically attending, at particular times, the provider’s premises or another place.

(3)However, despite subsection (2)—

(a)the provider’s attendance requirements for a program of distance education are to complete and return the assigned work for the program; and

(b)the provider’s attendance requirements for an external program are its requirements about communicating with or contacting the provider for the purpose of participating in the program or course.

235Full-time participation

A reference to full-time participation in an eligible option—

(a)is a reference to participation in an eligible option at a level that is full-time under the requirements of the option; and

(b)includes part-time participation in 2 or more eligible options to an extent that is at least equivalent to full-time participation in 1 option.

Example for paragraph (b)—

A young person is participating part-time in an educational program at a State school or non-State school (the school program) and part-time in a course of vocational education and training at TAFE Queensland (the VET course).The levels of the young person’s participation are—

•60% of full-time participation in the school program

•40% of full-time participation in the VET course.

s 235 amd 2007 No. 53 s 30 sch; 2013 No. 27 s 70 sch 1 pt 2

236Allowed absence

A young person’s participation in an eligible option is taken to continue during an absence allowed under the requirements of the option.

Example—

A person enrolled in an educational program at a State school is absent for a day because of illness.

237Suspension or exclusion

(1)If a young person participating in an eligible option stops attending the provider because the person has been suspended from the provider, the person’s participation in the option is taken to continue during the period of the suspension.

(2) Subsection (1) does not apply to suspension from a State school under chapter 12, part 3, division 2, 3 or 4 if the person has been placed in an educational program under section 284, 294 or 301.

Note—

Section 234 (1) and (3) (b) provide for how the person participates in the educational program.

(3)If a young person participating in an eligible option stops attending the provider because the person has been excluded from the provider, the person is taken for this chapter to be continuing to participate in an eligible option, at the same level as before the exclusion, for the time reasonably required for the person to resume participation in an eligible option.

s 237 amd 2009 No. 24 s 135; 2010 No. 50 s 10; 2013 No. 59 s 8

238Participation in an apprenticeship or traineeship

(1)This section applies to a young person who is an apprentice or trainee under the Further Education and Training Act 2014 .

(2)The person is taken to be participating full-time in an apprenticeship or traineeship under the Further Education and Training Act 2014 .

s 238 amd 2014 No. 25 s 223 sch 1 pt 2

239Obligation to ensure participation

(1)Each parent of a young person in the compulsory participation phase must ensure the young person is participating full-time in an eligible option, unless the parent has a reasonable excuse.

Maximum penalty—

(a)for a first offence—6 penalty units; or

(b)for a second or subsequent offence, whether or not relating to the same child of the parent—12 penalty units.

(2)Without limiting subsection (1), it is a reasonable excuse for a parent (the relevant parent) that—

(a)the young person lives with another parent and the relevant parent believes, on reasonable grounds, the other parent is ensuring the young person participates full-time in an eligible option; or

(b)in all the circumstances, the relevant parent is not reasonably able to control the young person’s behaviour to the extent necessary to ensure the young person participates full-time in an eligible option.

s 239 amd 2006 No. 55 s 11; 2014 No. 3 s 114 sch 1 pt 2

240Exceptions to obligation

(1) Section 239 (1) does not apply to the extent provided under an exemption in force under part 5.

(2) Section 239 (1) does not apply if the young person is in paid employment for at least 25 hours each week.

(3) Section 239 (1) does not apply if the young person is enrolled with an entity providing a non-departmental employment skills development program and attending the entity for the program.

(4) Section 239 (1) does not apply to the extent of any inconsistency with a law of the Commonwealth under which a young person in the compulsory participation phase may carry on an activity other than participating full-time in an eligible option.

(5) Section 239 (1) does not apply if the young person is provisionally registered, or registered, for home education under chapter 9, part 5.

s 240 amd 2013 No. 49 s 28 sch 1; 2014 No. 25 s 223 sch 1 pt 2

241Notice to, and meeting with, parent

(1)This section applies if an authorised officer reasonably suspects a young person is in the compulsory participation phase and is not participating full-time in an eligible option.

(2)The officer may give a parent of the young person a notice in the approved form about the parent’s obligation under section 239 (1).

(3)The officer may also meet with the parent to discuss the obligation.

(4)If, despite the officer taking reasonable steps to meet with the parent under subsection (3), no meeting is held, the officer may give the parent a warning notice in the approved form.

(5)For the Police Powers and Responsibilities Act 2000 , section 16, an authorised officer acting under this section is a public official performing a function authorised by this Act.

(6)In this section—

authorised officer means the chief executive or an officer of the department authorised by the chief executive for this section.

242Limits on proceedings against a parent

(1)Proceedings for an offence against section 239 (1) may be brought against a parent—

(a)by the chief executive or with the chief executive’s consent; and

(b)only if the time when the parent is alleged to have committed the offence is after—

(i)the parent has been given a notice under section 241 (2); and

(ii)at least 1 meeting has been held with the parent under section 241 (3) or the parent has been given a warning notice under section 241 (4).

Note—

Under section 432, the chief executive may delegate the chief executive’s functions under this section to an appropriately qualified officer of the department.

(2)The chief executive (child safety) is not liable to be prosecuted for an offence against section 239 (1).

s 242 amd 2014 No. 62 s 41

div hdg sub 2014 No. 62 s 91

243Definition for pt 5

In this part—

relevant decision-maker see section 245 (1).

s 243 sub 2014 No. 62 s 92

div hdg (prev div 1A hdg) ins 2014 No. 62 s 93

renum 2014 No. 62 s 96

244Chief executive may grant exemption

(1)The chief executive may grant an exemption fully excusing a young person from participation if the chief executive is reasonably satisfied—

(a)the young person can not participate in any eligible option; or

(b)it would be unreasonable in all the circumstances to require the young person to participate in any eligible option.

(2)The chief executive may grant an exemption partially excusing a young person from participation if the chief executive is satisfied—

(a)the young person can not participate in any eligible option at a full-time level; or

(b)it would be unreasonable in all the circumstances to require the young person to participate in any eligible option at a full-time level.

(3)Despite subsection (1) or (2), the chief executive may not grant an exemption for a young person under this section if—

(a)the young person is participating in an eligible option for which a non-State school is the provider; and

(b)the period of the exemption would not, if it were granted, cause the total of the periods of exemptions granted under this section or section 244A for the young person to be more than 110 school days in a year.

s 244 amd 2014 No. 62 s 94

244ANon-State school’s principal may grant exemption

(1)A non-State school’s principal may grant an exemption fully excusing a young person from the requirement that the young person participate in an eligible option if—

(a)the non-State school is the provider for the eligible option; and

(b)the principal is reasonably satisfied—

(i)the young person can not participate in the eligible option; or

(ii)it would be unreasonable in all the circumstances to require the young person to participate in the eligible option; and

(c)the period of the exemption would not, if it were granted, cause the total of the periods of exemptions granted under section 244 or this section for the young person to be more than 110 school days in a year.

(2)A non-State school’s principal may grant an exemption partially excusing a young person from the requirement that the young person participate in an eligible option if—

(a)the non-State school is the provider for the eligible option; and

(b)the principal is reasonably satisfied—

(i)the young person can not participate in the eligible option at a full-time level; or

(ii)it would be unreasonable in all the circumstances to require the young person to participate in the eligible option at a full-time level; and

(c)the period of the exemption would not, if it were granted, cause the total of the periods of exemptions granted under section 244 or this section for the young person to be more than 110 school days in a year.

s 244A ins 2014 No. 62 s 95

div hdg (prev div 2 hdg) renum 2014 No. 62 s 96

245Application for exemption

(1)A young person, or a parent of a young person, may apply to the following person (the relevant decision-maker) for an exemption from the requirement that the young person participate in an eligible option—

(a)for an application for an exemption under section 244—the chief executive;

(b)for an application for an exemption under section 244A—the principal of the non-State school that is the provider for the eligible option.

(2)The application must—

(a)state the period for which the exemption is sought; and

(b)for an application by a young person—include the signed consent of a parent of the young person.

(3)However, subsection (2) (b) does not apply if the relevant decision-maker is satisfied it would be inappropriate in all the circumstances to require the signed consent of a parent.

Example—

an application by a young person living independently of the young person’s parents

(4)The applicant must provide any other relevant information reasonably required by the relevant decision-maker to decide the application.

Example—

If an exemption is sought because the young person is ill, the information required under this subsection may include stated medical evidence.

s 245 sub 2014 No. 62 s 97

246Lapsing of application

(1)The relevant decision-maker may make a requirement under section 245 (4) by giving the applicant a notice stating—

(a)the required information; and

(b)the time by which the information must be given to the relevant decision-maker; and

(c)that, if the information is not given to the relevant decision-maker by the stated time, the application will lapse.

(2)The time stated must be reasonable and, in any case, at least 14 days after the requirement is made.

(3)The relevant decision-maker may withdraw the requirement, or part of the requirement, at any time.

(4)Before the stated time ends, the relevant decision-maker may give the applicant a further notice extending the stated time if the relevant decision-maker is satisfied it would be reasonable in all the circumstances to give the extension.

(5)If the applicant does not comply with the requirement within the stated time, or any extension, the application lapses.

s 246 amd 2014 No. 62 s 98

247Temporary exemption until application is decided

(1)If the application is made before the young person starts the person’s compulsory participation phase, section 239 (1) does not apply to a parent of the young person until—

(a)14 days after the relevant decision-maker gives notice to the applicant under section 248; or

(b)the application lapses.

(2)If the application is made while an existing exemption under this part is in force for the young person, the existing exemption continues to apply until 14 days after the relevant decision-maker gives notice to the applicant under section 248, or until the application lapses.

s 247 amd 2014 No. 62 s 99

248Decision

(1)The relevant decision-maker must consider the application and either grant, or refuse to grant, the exemption.

(2)If the relevant decision-maker decides to grant the exemption, the relevant decision-maker must as soon as practicable grant the exemption to the applicant.

(3)If the relevant decision-maker decides to refuse to grant the exemption, the relevant decision-maker must as soon as practicable give the applicant an information notice about the decision.

s 248 amd 2014 No. 62 s 100

249Contents of exemption

(1)This section applies if the relevant decision-maker decides to grant an exemption from the requirement that a young person participate in an eligible option.

(2)The exemption must state—

(a)the day it is granted; and

(b)the young person to whom it relates; and

(c)whether it is full or partial and, if it is partial, the extent to which the person is excused from participation; and

(d)whether it applies until the end of the person’s compulsory participation phase or only until a stated earlier time; and

(e)any conditions on which it is granted; and

(f)whether the relevant decision-maker has granted any other exemptions for the young person in the year in which the exemption is granted, and, if so, the period of each exemption.

s 249 amd 2014 No. 62 s 101

250Imposition of conditions

(1)The relevant decision-maker may, in granting the exemption, decide to impose conditions on the exemption that are relevant and reasonable.

(2)If the relevant decision-maker decides to grant an exemption on conditions, the relevant decision-maker must as soon as practicable give the applicant an information notice about the decision.

s 250 amd 2014 No. 62 s 102

251Lesser period of exemption than that applied for

(1)The relevant decision-maker may, in granting the application, decide to grant the exemption for a lesser period than that applied for by the applicant for the exemption.

(2)If the relevant decision-maker decides to grant an exemption for a lesser period than that applied for by the applicant for the exemption, the relevant decision-maker must as soon as practicable give the applicant an information notice about the decision.

s 251 amd 2014 No. 62 s 103

div 4 (ss 251AA–251AC) ins 2014 No. 62 s 104

251AA Record of decisions about exemptions—non-State schools

(1)The governing body of a non-State school must keep a record of each decision made by the school’s principal under section 248 as required under subsection (2).

Maximum penalty—20 penalty units.

(2)The record must—

(a)be kept for at least 5 years from the day the decision was made; and

(b)for a decision to grant an application for an exemption—include the matters mentioned in section 249 (2).

div 4 (ss 251AA–251AC) ins 2014 No. 62 s 104

251AB Notice to non-State school’s principal

The chief executive may, by giving notice to a non-State school’s principal, ask the principal for information about decisions made under section 248, including information in the record kept by the school’s governing body under section 251AA.

div 4 (ss 251AA–251AC) ins 2014 No. 62 s 104

251AC Protection from liability

(1)This section applies to a non-State school’s principal in complying with a request of the chief executive under section 251AB.

(2)The principal is not civilly liable for an act done, or omission made, honestly and without negligence in complying with the request.

(3)If subsection (2) prevents a civil liability attaching to the principal, the liability attaches instead to the non-State school’s governing body.

div 4 (ss 251AA–251AC) ins 2014 No. 62 s 104

pt hdg ins 2006 No. 55 s 12

251ADisclosure by chief executive to appropriate entities

To help in carrying on re-engagement activities, the chief executive may disclose the following information about a young person in the compulsory participation phase to an entity the chief executive considers appropriate—

(a)name and any previous names;

(b)address;

(c)date of birth;

(d)the last eligible option in which the young person participated, so far as the chief executive is aware;

(e)other information prescribed under a regulation.

Examples of entities that may be appropriate—

•a provider

•a youth support entity

•a human services entity

s 251A (prev s 264) renum and reloc 2006 No. 55 s 13

251BConsultation about planning

The chief executive must consult regularly with the following entities for the purpose of carrying on planning activities—

(a)the Association of Independent Schools of Queensland Inc.;

(b)the Queensland Catholic Education Commission;

(c)the chief executive administering the Further Education and Training Act 2014 .

s 251B (prev s 266) amd 2006 No. 55 s 14 (1)

renum and reloc 2006 No. 55 s 14 (2)

amd 2014 No. 25 s 223 sch 1 pt 2

251CTransitional

To remove any doubt, it is declared that, despite section 231, a young person is not in the compulsory participation phase if the person turned 15 years or completed year 10 before 1 January 2006.

s 251C (prev s 271) renum and reloc 2006 No. 55 s 15

251DConfidentiality

(1)This section applies to a person (the relevant person)—

(a)who is or has been—

(i)the chief executive or a public service employee in the department; or

(ii)an entity, or an employee of an entity, to whom the chief executive has given information under section 251A; and

(b)who, in the course of the administration of this chapter, or because of opportunity provided by the administration, has gained or has access to personal information about a young person in the student account phase.

(2)The relevant person must not make a record of the information or disclose the information to anyone else, other than—

(a)for a purpose of this chapter; or

(b)with the consent of the person to whom the information relates; or

(c)in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or

(d)as permitted or required by another Act.

Maximum penalty—50 penalty units.

(3) Subsection (2) continues to apply to personal information about a young person in the student account phase after the phase ends.

(4)In this section—

disclose, information, includes give access to the information.

employee, of a provider, the QCAA or another entity, includes—

(a)a person appointed to a position with the entity; and

(b)a person engaged by the entity under a contract for services; and

(c)an unpaid employee of the entity.

personal information means information or an opinion, whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

student account phase see the E(QCAA) Act, schedule 1.

s 251D (prev s 272) amd 2006 No. 55 s 16 (1)–(3)

renum and reloc 2006 No. 55 s 16 (4)

amd 2014 No. 3 s 114 sch 1 pt 2

pt hdg prev pt 1 hdg om 2009 No. 24 s 136

pres pt 1 hdg (prev pt 2 hdg) renum 2009 No. 24 s 137

sub 2013 No. 59 s 9

275Control of student discipline

(1)The principal of a State school must control and regulate student discipline in the school.

(2)The way in which the principal controls and regulates student discipline in the school may include providing for students to carry on activities—

(a)after school hours; and

(b)on a day other than a school day.

s 275 sub 2013 No. 59 s 9

276Policies or procedures for student discipline

(1)The chief executive may make a policy or procedure about the way in which principals of State schools are to control and regulate student discipline.

(2)The policy or procedure may provide for the following matters—

(a)the detention of students by principals or teachers;

(b)the performance of community service by students;

(c)the making, by principals, of discipline improvement plans for students;

(d)any other matter the chief executive considers appropriate.

(3)The chief executive must ensure the policy or procedure is available for public inspection, without charge—

(a)during normal business hours at the department’s head office; and

(b)on the department’s website.

Editor’s note—

The department’s website address is <www.education.qld.gov.au>.

(4)The principal of a State school must ensure that the way in which the principal controls and regulates student discipline in the school complies with the policy or procedure.

s 276 sub 2013 No. 59 s 9

pt hdg (prev pt 4 hdg) renum 2009 No. 24 s 137

sub 2013 No. 59 s 11

div hdg sub 2013 No. 59 s 12

280Definitions for pt 3

In this part—

charge-related ground see section 282 (4).

charge ...

def charge om 2014 No. 62 s 43 (1)

conduct, of a student, includes an omission to perform an act by the student.

dealt with, in relation to a charge against a student for an offence, means any of the following—

(a)the student is acquitted or convicted of the charge;

(b)the student is convicted of another offence arising out of substantially the same acts or omissions as those constituting the charge;

(c)the charge is withdrawn or dismissed;

(d)a nolle prosequi or no true bill is presented in relation to the charge.

offence includes an act or omission committed outside Queensland that would be an offence if it were committed in Queensland.

police commissioner means the commissioner of the police service.

def police commissioner ins 2014 No. 62 s 43 (2)

s 280 prev s 280 om 2013 No. 59 s 9

pres s 280 ins 2013 No. 59 s 12

div hdg prev div 1A hdg ins 2010 No. 50 s 11

om 2013 No. 59 s 12

pres div 1A hdg ins 2014 No. 62 s 44

280AApplication of div 1A

(1)This division applies to a person despite the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 5 to the extent it relates to charges.

(2)This division does not apply to a mature age student of a mature age State school.

s 280A ins 2014 No. 62 s 44

280BChief executive may give information to police commissioner

(1)The chief executive may, for this division, give the police commissioner—

(a)information about whether a person is a student of a State school; and

(b)the name of the person and other identifying information about the person, including the person’s date and place of birth and any alias.

(2)Information given to the police commissioner under subsection (1) must only be used for this division.

s 280B ins 2014 No. 62 s 44

280CChief executive may ask police commissioner about student charge or conviction

(1)This section applies if—

(a)the chief executive reasonably suspects that a student enrolled at a State school has been charged with, or convicted of, an offence; and

(b)the school’s principal or the chief executive requires confirmation of the charge or conviction for the exercise of a function under this part.

(2)The chief executive may ask the police commissioner whether the student has been charged with, or convicted of, the offence and, if so, for information about the charge or conviction, including a brief description of the circumstances of the charge or conviction.

s 280C ins 2014 No. 62 s 44

280DRequirement for police commissioner to give information about student charge or conviction

(1)The police commissioner must comply with a request made under section 280C.

(2)However, subsection (1) applies only in relation to information in the police commissioner’s possession or to which the commissioner has access.

(3)To remove any doubt, it is declared that, despite the Youth Justice Act 1992 , part 9, the police commissioner may disclose information to which that part applies to the chief executive when complying with a request made by the chief executive under section 280C.

s 280D ins 2014 No. 62 s 44

280EUse of information about student charge or conviction

(1)The chief executive must not use information obtained from the police commissioner under this division other than for this part.

(2)A State school’s principal must not use information obtained by the chief executive from the police commissioner under this division other than for division 2 or 3.

s 280E ins 2014 No. 62 s 44

280FDestruction of information about student charge or conviction

The chief executive must ensure that information obtained from the police commissioner under this division is destroyed as soon as practicable after it is no longer needed for the purpose for which it may be used under section 280E.

s 280F ins 2014 No. 62 s 44

div hdg sub 2013 No. 59 s 12

sdiv hdg ins 2013 No. 59 s 12

281Principal’s power to suspend

(1)The principal of a State school at which a student is enrolled may, under this division, suspend the student from the school if the principal is reasonably satisfied a ground exists for the suspension.

(2)The principal may act under this division whether or not the student has already been suspended or excluded under this part.

(3)In this division, a reference to suspension is a reference to suspension of a student in exercise of the power under subsection (1).

s 281 prev s 281 om 2013 No. 59 s 9

pres s 281 ins 2013 No. 59 s 12

282Grounds for suspension

(1)Each of the following is a ground for suspension—

(a)disobedience;

(b)misbehaviour;

(c)conduct that adversely affects, or is likely to adversely affect, other students;

(d)conduct that adversely affects, or is likely to adversely affect, the good order and management of the school;

(e)the student’s attendance at the school poses an unacceptable risk to the safety or wellbeing of other students or of staff;

(f)the student is charged with a serious offence.

(2)It is also a ground for suspension if—

(a)the student is charged with an offence other than a serious offence; and

(b)the principal is reasonably satisfied it would not be in the best interests of other students or of staff for the student to attend the school while the charge is pending.

(3)To remove any doubt, it is declared that, for subsection (1) (c) or (d), conduct may be a ground for suspension even if the conduct does not happen on school premises or during school hours.

(4)Each of the grounds under subsection (1) (f) or (2) is a charge-related ground.

s 282 prev s 282 om 2013 No. 59 s 9

pres s 282 ins 2013 No. 59 s 12

283Duration and notice of suspension

(1)Suspension may be—

(a)generally—for not more than 10 school days; or

(b)on a ground other than a charge-related ground and if the principal is reasonably satisfied the ground is so serious that the suspension should be for more than 10 school days—for not more than 20 school days; or

(c)on a charge-related ground—until the day the principal makes a decision under section 288.

(2)The suspension starts when the principal tells the student about it.

(3)As soon as practicable after telling the student, the principal must give the student a notice in the approved form about the suspension.

(4)If the student is suspended under subsection (1) (b) or (c), the notice must state that the student may make a written submission against the suspension to the chief executive.

s 283 prev s 283 om 2013 No. 59 s 9

pres s 283 ins 2013 No. 59 s 12

284Continuing education during suspension

A principal who suspends a student must take reasonable steps to arrange for the student’s access to an educational program that allows the student to continue the student’s education during the suspension.

s 284 sub 2013 No. 59 s 12

285Submission against suspension

(1)This section applies for suspension under section 283 (1) (b) or (c).

(2)The student may make a written submission against the suspension.

Note—

See also section 331 (Parent may also make submission, representation or application).

(3)The submission must be made to the chief executive and state fully the grounds for the submission and the facts relied on.

s 285 sub 2013 No. 59 s 12

286Dealing with submission against suspension

(1)If a submission is made to the chief executive under section 285 (2), the chief executive must, as soon as practicable after receiving it, review the principal’s decision to suspend the student and—

(a)confirm the decision; or

(b)vary the decision; or

(c)set aside the decision and substitute another decision.

(2)As soon as practicable after making the decision under subsection (1), the chief executive must tell the student and the principal—

(a)about the decision; and

(b)if the decision allows the student to resume attendance at the school earlier, or later, than if the principal’s decision had been confirmed—when the student may resume attendance at the school.

(3)As soon as practicable after telling the student and the principal, the chief executive must give each of them a notice in the approved form about the decision.

s 286 sub 2013 No. 59 s 12

sdiv hdg ins 2013 No. 59 s 12

287Application of sdiv 2

This subdivision applies for suspension on a charge-related ground.

s 287 sub 2013 No. 59 s 12

288Principal must decide whether to exclude student after charge dealt with

(1)As soon as practicable after the charge is dealt with, the principal must decide, under division 3, whether to propose to exclude the student from the school.

Note—

The principal may propose to exclude on the ground mentioned in section 292 (2) or on another ground mentioned in section 292 (1).

(2)If the principal decides not to propose to exclude, the principal must tell the student about the decision and that the suspension has ended.

(3)As soon as practicable after telling the student, the principal must give the student a notice in the approved form about the decision.

s 288 sub 2013 No. 59 s 12

289Principal may decide to end suspension before charge dealt with

(1)This section applies if, on a day before the charge is dealt with, the principal is satisfied it would no longer not be in the best interests of other students or of staff for the student to attend the school while the charge is pending.

(2)Despite section 283 (1) (c), the principal may decide to end the suspension.

(3)The principal must tell the student about the decision and that the suspension has ended.

(4)As soon as practicable after telling the student, the principal must give the student a notice in the approved form about the decision.

s 289 sub 2013 No. 59 s 12

sdiv hdg ins 2013 No. 59 s 12

290Chief executive may exercise suspension power

(1)This section applies if the principal of a State school, or the chief executive, reasonably believes it would be appropriate for the chief executive to exercise the suspension power.

Example—

It would be appropriate for the chief executive to exercise the power if the principal was prevented from doing so by the principles of natural justice relating to bias.

(2)The chief executive may exercise the power.

(3)Each provision of this division applies as if a reference in the provision to the principal were a reference to the chief executive.

s 290 amd 2010 No. 50 s 12

sub 2013 No. 59 s 12

div hdg sub 2013 No. 59 s 12

291Principal’s power to exclude

(1)The principal of a State school at which a student is enrolled may, under this division, exclude the student from the school if the principal is reasonably satisfied a ground exists for the exclusion.

(2)The principal may act under this division whether or not the student has already been suspended or excluded under this part.

(3)In this division, a reference to exclusion is a reference to exclusion of a student in exercise of the power under subsection (1).

s 291 sub 2013 No. 59 s 12

292Grounds for exclusion

(1)Each of the following is a ground for exclusion—

(a)persistent disobedience;

(b)misbehaviour;

(c)conduct that adversely affects, or is likely to adversely affect, other students;

(d)conduct that adversely affects, or is likely to adversely affect, the good order and management of the school;

(e)the student’s attendance at the school poses an unacceptable risk to the safety or wellbeing of other students or of staff;

if suspension of the student under division 2 is inadequate to deal with the disobedience, misbehaviour, conduct or risk.

(2)It is also a ground for exclusion if—

(a)the student has been convicted of an offence; and

(b)the principal is reasonably satisfied it would not be in the best interests of other students or of staff for the student to be enrolled at the school.

(3)To remove any doubt, it is declared that, for subsection (1) (c) or (d), conduct may be a ground for exclusion even if the conduct does not happen on school premises or during school hours.

s 292 amd 2010 No. 50 s 13

sub 2013 No. 59 s 12

293Suspension pending final decision about exclusion

(1)This section applies if the principal of a State school proposes to exclude a student.

(2)The principal must give the student a notice in the approved form about the proposed exclusion and—

(a)if the student is already suspended—tell the student that the suspension continues until the principal makes a final decision about the proposed exclusion; or

(b)if the student is not already suspended—suspend the student until the principal makes a final decision about the proposed exclusion.

(3)The suspension starts when the principal tells the student about it.

s 293 amd 2010 No. 50 s 14; 2012 No. 35 s 8

sub 2013 No. 59 s 12

294Continuing education during suspension

A principal who suspends a student pending a final decision about exclusion must take reasonable steps to arrange for the student’s access to an educational program that allows the student to continue the student’s education during the suspension.

s 294 amd 2010 No. 50 s 15

sub 2013 No. 59 s 12

295Final decision about exclusion

(1)The principal of a State school must make a final decision about exclusion within 20 school days after giving the student a notice under section 293 (2) (the proposed exclusion notice).

(2)If the principal decides not to exclude, the principal must—

(a)tell the student, as soon as practicable—

(i)about the decision; and

(ii)that the suspension has ended and the student may resume attendance at the school; and

(b)as soon as practicable after telling the student about the decision—give the student a notice in the approved form about the decision.

(3)If the principal decides to exclude, the principal must exclude the student either permanently or for a period of not more than 1 year.

(4)However, the exclusion can not be longer than the period stated in the proposed exclusion notice.

(5)The principal must, as soon as practicable after deciding to exclude, give the student a notice in the approved form about the exclusion.

(6)The notice mentioned in subsection (5) must state that—

(a)the student may make a written submission to the chief executive asking the chief executive to review the decision under division 6; and

(b)if the student is excluded permanently—the student may make a periodic written submission to the chief executive under division 7.

s 295 sub 2013 No. 59 s 12

296Effect of exclusion on enrolment

If a student is excluded from a State school at which the student is enrolled, the enrolment is taken to be cancelled.

s 296 sub 2013 No. 59 s 12

297Chief executive may exercise exclusion power

(1)This section applies if the principal of a State school, or the chief executive, reasonably believes it would be appropriate for the chief executive to exercise the exclusion power.

Example—

It would be appropriate for the chief executive to exercise the power if the principal was prevented from doing so by the principles of natural justice relating to bias.

(2)The chief executive may exercise the power.

(3)Each provision of this division applies as if a reference in the provision to the principal were a reference to the chief executive.

s 297 sub 2013 No. 59 s 12

div hdg ins 2013 No. 59 s 12

298Chief executive’s power to exclude

(1)The chief executive may, under this division, exclude a student from certain State schools, or all State schools, if the chief executive is reasonably satisfied a ground exists for the exclusion.

(2)The chief executive may act under this division whether or not the student has already been suspended or excluded under this part.

(3)In this division, a reference to exclusion is a reference to exclusion of a student in exercise of the power under subsection (1).

s 298 sub 2013 No. 59 s 12

299Grounds for exclusion

(1)Each of the following is a ground for exclusion—

(a)persistent disobedience;

(b)misbehaviour;

(c)conduct that adversely affects, or is likely to adversely affect, other students;

(d)conduct that adversely affects, or is likely to adversely affect, the good order and management of the schools;

(e)the student’s attendance at the schools poses an unacceptable risk to the safety or wellbeing of other students or of staff;

if exclusion of the student under division 3 is inadequate to deal with the disobedience, misbehaviour, conduct or risk.

(2)It is also a ground for exclusion if—

(a)the student has been convicted of an offence; and

(b)the chief executive is reasonably satisfied it would not be in the best interests of other students or of staff for the student to be enrolled at the schools.

(3)To remove any doubt, it is declared that, for subsection (1) (c) or (d), conduct of the student may be a ground for exclusion even if the conduct does not happen on school premises or during school hours.

s 299 sub 2013 No. 59 s 12