Education and Training (Miscellaneous and Consequential Amendments) Act 2008
An Act to amend the Education Act 1994 and the TAFE Tasmania Act 1997
[Royal Assent 18 November 2008]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
This Act may be cited as the Education and Training (Miscellaneous and Consequential Amendments) Act 2008 .
(1) Except as provided in this section, this Act commences on the day on which this Act receives the Royal Assent.(2) Part 2 commences on 1 January 2009.
PART 2 - Education Act 1994 Amended
In this Part, the Education Act 1994 is referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as follows:(a) by inserting the following definition before the definition of certificate of registration :Academy means the Tasmanian Academy established under section 5 of the Education and Training (Tasmanian Academy) Act 2008 ;(b) by inserting "other" after "or" in the definition of home education ;(c) by inserting the following definition after the definition of parent :Polytechnic means the Tasmanian Polytechnic established under section 5 of the Education and Training (Tasmanian Polytechnic) Act 2008 ;(d) by omitting the definition of school and substituting the following definition:school means –(a) a State school; and(b) a centre, unit or institute of the State, other than the Academy or the Polytechnic, which provides educational instruction at any level up to, and including, the final year of secondary education; and(c) a registered school;(e) by omitting the definition of school-aged child and substituting the following definition:school-aged child means a person who –(a) is required under section 4(1) to be enrolled at a school or provided with home education; or(b) would be required under section 4(1) to be enrolled at a school or provided with home education if not exempted or excused under Part 2 ;(f) by inserting "other" after "or" in the definition of school student .
5. Section 4 amended (Enrolment)
Section 4 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:(1) Unless exempted or excused under this Part, a child who is at least 5 years of age as at 1 January in any year must be enrolled at a school or be provided with home education for that year and subsequent years until the child completes the school year during which he or she attains the age of 16 years.
6. Section 5 amended (Exemption from enrolment)
Section 5 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:(2) The Secretary, at his or her own initiative or on application, may grant a child, or a class of children, an exemption from the requirement to be enrolled at a school if satisfied that it is in the best interests of the child's, or children's, education to be exempted.
7. Section 6 amended (Attendance)
Section 6 of the Principal Act is amended as follows:(a) by omitting from subsection (1)(a) "required;" and substituting "required by the principal;";(b) by omitting from subsection (1)(b) "education." and substituting "education; or";(c) by inserting the following paragraph after paragraph (b) in subsection (1) :(c) attends at the Academy or the Polytechnic each day as required if the child is exempted under section 5 from the requirement to be enrolled at a school subject to a condition that the child attend or be enrolled at either the Academy or the Polytechnic.(d) by omitting from subsection (3) "principal" and substituting "principal, the Academy or the Polytechnic".
8. Section 7 amended (Part-time attendance)
Section 7 of the Principal Act is amended as follows:(a) by inserting in subsection (1) "a school" after "attend";(b) by inserting in subsection (2) "at a school" after "attendance";(c) by inserting in subsection (3)(a) "at a school" after "attendance".
9. Section 8 amended (Certificate of exemption)
Section 8 of the Principal Act is amended by inserting after subsection (1) the following subsection:(1A) If the Secretary exempts a class of school-aged children under section 5 , the Secretary is to issue a certificate of exemption on the application of a school-aged child of that class or the parent of such a school-aged child.
10. Section 10 amended (Excused from daily attendance)
Section 10 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "school" and substituting "school, the Academy or the Polytechnic";(b) by omitting from subsection (1)(a)(iii) "cause;" and substituting "cause approved by the principal, the Academy or the Polytechnic, as the case may require;";(c) by omitting from subsection (1)(b) "principal" and substituting "principal, the Academy or the Polytechnic";(d) by omitting from subsection (1)(b) "Secretary." and substituting "Secretary, the Academy or the Polytechnic.";(e) by omitting from subsection (2) "child's non-attendance at a school" and substituting "school-aged child's non-attendance at a school, the Academy or the Polytechnic";(f) by inserting in subsection (2) "the Academy or the Polytechnic," after "Secretary,";(g) by inserting in subsection (2) "the Academy or the Polytechnic" after "principal,";(h) by omitting from subsection (3) "principal" and substituting "principal, the Academy or the Polytechnic";(i) by omitting from subsection (3) "school" first occurring and substituting "school, the Academy or the Polytechnic";(j) by omitting from subsection (3) "Secretary" and substituting "Secretary, Academy or Polytechnic";(k) by omitting from subsection (3) "school." and substituting "school, Academy or Polytechnic.".
11. Section 14 amended (Authorized persons)
Section 14 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "school." and substituting "a school, the Academy or the Polytechnic.";(b) by omitting from subsection (3)(a) "school;" and substituting "school, the Academy or the Polytechnic;";(c) by inserting in subsection (3)(b)(ii) "or the campus of the Academy or the Polytechnic" after "school";(d) by omitting from subsection (3)(b)(iii) "school;" and substituting "school, the Academy or the Polytechnic;";(e) by omitting from subsection (3)(c) "school" and substituting "school, the Academy or the Polytechnic".
12. Section 16 amended (Evidence and presumption)
Section 16 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:(1) In any proceedings for an offence against this Part, a certificate –is evidence of those facts.(a) by the principal of a school certifying that on a specified day a particular child was enrolled at, but did not attend, the school for the period or periods specified in the certificate; or(b) by the Academy or the chief executive officer of the Academy certifying that on a specified day a particular child was enrolled at, but did not attend, the Academy for the period or periods specified in the certificate; or(c) by the Polytechnic or the chief executive officer of the Polytechnic certifying that on a specified day a particular child was enrolled at, but did not attend, the Polytechnic for the period or periods specified in the certificate –
13. Section 17 amended (Registration of home educators)
Section 17 of the Principal Act is amended as follows:(a) by omitting from subsection (4) "attains the age of 16 years," and substituting "ceases to be a school-aged child,";(b) by omitting from subsection (4A) "has attained the age of 16 years in order to complete the final year of secondary education." and substituting "is no longer a school-aged child.".
14. Section 20 amended (Enrolment in certain cases)
Section 20 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "school or a registered school." and substituting "school, a registered school, the Academy or the Polytechnic.";(b) by omitting from subsection (3) "school." and substituting "school, the Academy or the Polytechnic.".
15. Section 24 amended (Distance education)
Section 24 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "education:" and substituting "education, being education up to and including the last year of secondary education provided by a State school:";(b) by omitting from subsection (4)(e) "basis." and substituting "basis;";(c) by inserting the following paragraph after paragraph (e) in subsection (4) :(f) any other matter the Secretary considers relevant.
16. Section 38 amended (Exclusion and expulsion)
Section 38 of the Principal Act is amended by inserting after subsection (5) the following subsection:(6) In this section –student includes a student who has been suspended or expelled from a school under this section.
17. Sections 47 and 47A substituted
Sections 47 and 47A of the Principal Act are repealed and the following sections are substituted:47. Entitlement to complete secondary education provided by State school
(1) If a person is not a school-aged child and has not completed secondary education at the level provided by State schools, that person is entitled, subject to section 47D , to attend a State school –whichever occurs first.(a) until the person completes the final year of secondary education provided by State schools; or(b) for a period not exceeding the equivalent of 2 years of full-time study –(2) If a person is entitled to attend a State school under subsection (1) , the Secretary may determine which schools, or which class of schools, the person may attend.47A. Attending State school after compulsory education
(1) If a person is not a school-aged child and –the person may apply to the principal of a State school to attend or continue attending that school.(a) he or she is not entitled to attend a State school under section 47 ; or(b) his or her entitlement under section 47 to attend a State school has come to an end –(2) An application is to be in a form approved by the Secretary.(3) Subject to section 47D , the principal may –(a) grant the application with or without conditions; or(b) refuse to grant the application.47B. Entitlement to attend Academy or Polytechnic
(1) In this section –post-Year 10 secondary education and training means secondary education and training that is usually undertaken by persons following the completion of the fourth year of secondary education, being the year commonly known as Year 10.(2) If a person is not a school-aged child and has not completed the equivalent of 2 years of full-time study of post-Year 10 secondary education and training, that person is entitled, subject to section 47D , to attend the Academy or the Polytechnic for a period not exceeding the equivalent of 2 years of full-time study.(3) If –(a) a person is entitled to attend the Academy or the Polytechnic under subsection (2) ; and(b) there is a dispute as to which the person may attend, the Academy and the Polytechnic, jointly, may determine the matter.47C. Attending Academy or Polytechnic after entitlement ends
(1) If a person is not a school-aged child and –the person may apply to the Academy or the Polytechnic to attend or continue attending the Academy or the Polytechnic.(a) he or she is not entitled to attend the Academy or the Polytechnic under section 47B ; or(b) his or her entitlement under section 47B to attend the Academy or the Polytechnic has come to an end –(2) An application is to be in a form approved by the Academy or the Polytechnic.(3) Subject to section 47D , the Academy or the Polytechnic may –(a) grant the application with or without conditions; or(b) refuse to grant the application.47D. Requirement that person be of good character
(1) If –the Secretary, Academy or Polytechnic may require to be satisfied that the applicant is of good character before the application may be granted.(a) a person is entitled to attend a State school, the Academy or the Polytechnic under section 47 or 47B ; or(b) an application is made for the applicant to attend or continue attending a State school, the Academy or the Polytechnic under section 47A or 47C –(2) In order to be satisfied as to the good character of the applicant, the Secretary, Academy or Polytechnic may require the Commissioner of Police to provide a report in respect of any convictions or proceedings taken against the applicant.(3) Sections 22(1) , 31(1) , 45(1) and 108 of the Youth Justice Act 1997 do not apply to the identification, in a report provided under subsection (2) , of an applicant who is a youth as defined in that Act in respect of any action or proceedings referred to in those sections.47E. Determining what is equivalent of 2 years of full-time study
If there is a dispute as to whether a person has completed, or what constitutes, the equivalent of 2 years of full-time study for the purposes of section 47 or 47B –(a) the dispute is to be determined by the Minister; and(b) the Minister's determination is final.
18. Section 81 amended (Financial assistance)
Section 81 of the Principal Act is amended as follows:(a) by inserting the following subsection after subsection (1) :(1A) A school-aged child, the parent of a school-aged child or a person who is entitled to attend the Academy or the Polytechnic under section 47B during a year may apply to the Secretary for financial assistance in respect of –(a) any levy made under section 33(1)(b) of the Education and Training (Tasmanian Academy) Act 2008 or section 33(1)(b) of the Education and Training (Tasmanian Polytechnic) Act 2008 and imposed in relation to his or her attendance at the Academy or the Polytechnic during that year; or(b) any essential materials the school-aged child or person requires to continue his or her education and training at the Academy or the Polytechnic during that year; or(c) any accommodation costs incurred by the school-aged child or person living away from home to continue education and training at the Academy or the Polytechnic during that year.(b) by omitting from subsection (2) " subsection (1) " and substituting " subsection (1) or (1A) ";(c) by omitting paragraphs (a) and (b) from subsection (2) and substituting the following paragraphs:(a) the income of the applicant or, in an appropriate case, the parent of the applicant is less than an amount the Secretary may determine; or(b) the applicant or, in an appropriate case, the parent of the applicant is of a class of persons determined by the Secretary to be entitled to assistance; or(c) in respect of accommodation costs, the normal residence of the student, school-aged child or person attending the Academy or the Polytechnic is at least 40 kilometres from the nearest appropriate school or appropriate campus of the Academy or the Polytechnic.(d) by omitting from subsection (4) "student or a parent of a student may" and substituting "person who may apply for financial assistance under subsection (1) or (1A) also may";(e) by inserting in subsection (5)(a) "or, in an appropriate case, the applicant's parents" after "applicant";(f) by omitting from subsection (5)(b) "student" and substituting "student, school-aged child or person attending the Academy or the Polytechnic".
19. Section 82 amended (Employment of children)
Section 82 of the Principal Act is amended by omitting "school" and substituting "school, the Academy or the Polytechnic".
PART 3 - TAFE Tasmania Act 1997 Amended
In this Part, the TAFE Tasmania Act 1997 is referred to as the Principal Act.
21. Section 36 amended (Employees)
Section 36 of the Principal Act is amended by inserting after subsection (6) the following subsection:(6A) A person appointed as a sessional employee pursuant to subsection (6) is taken, for all purposes, to be an employee within the meaning of the State Service Act 2000 .
[Second reading presentation speech made in:
House of Assembly on 21 OCTOBER 2008
Legislative Council on 30 OCTOBER 2008]