Education Regulations 2005

Education Regulations 2005

I, the Administrator in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Education Act 1994 .

E. C. CRAWFORD

Administrator

By His Excellency's Command,

PAULA WRIEDT

Minister for Education

1.   Short title

These regulations may be cited as the Education Regulations 2005 .

2.   Commencement

These regulations take effect on 29 June 2005.

3.   Interpretation

In these regulations –

Act means the Education Act 1994 .

4.   Applications for registration of schools

(1)  An application under section 52 of the Act for registration as a school is to be lodged with the Registration Board –

(a) at least 9 months before the date on which the applicant intends the school to begin operating as a registered school; or

(b) such lesser number of months before that date as the Registration Board allows.

(2)  The Registration Board is to determine the application as soon as practicable after it is lodged.

(3)  As soon as practicable after it determines the application, the Registration Board is to notify the Minister and the applicant in writing of the determination.

5.   Notification of changes

(1)  The governing body of a registered school is to notify the Registration Board of a proposed change –

(a) at least 6 months before the date on which the governing body intends the proposed change to occur; or

(b) such lesser number of months before that date as the Registration Board allows.

(2)  The notice is to –

(a) give full particulars of the change; and

(b) state how the change is likely to affect the operation of the school; and

(c) state whether the change alters the type of education the school is providing.

(3)  In this regulation –

proposed change means a change that is proposed in relation to a matter specified in section 53(1) of the Act in respect of a registered school.

6.   Proportional rate for grants

(1)  For the purpose of section 65(b) of the Act, the prescribed proportional rate is –

(a) for a registered school that provides education to kindergarten students, the number of full-time equivalent students enrolled in the registered school multiplied by 100% of the base amount; and

(b) for a registered school that provides primary education, the number of full-time equivalent students enrolled in the registered school multiplied by 100% of the base amount; and

(c) for a registered school that provides secondary education to students in years 7 to 10, the number of full-time equivalent students enrolled in the registered school multiplied by 130% of the base amount; and

(d) for a registered school that provides post-compulsory education to students after year 10, the number of full-time equivalent students enrolled in the registered school multiplied by 175% of the base amount.

(2)  In this regulation –

base amount, in respect of a grant in any year, means the amount that the Minister, for the purposes of sections 64 and 65 of the Act, fixes as the base level of funding for a full-time equivalent student, in a registered school, for the year;

grant means a grant paid to a registered school pursuant to section 64 of the Act.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 29 June 2005

These regulations are administered in the Department of Education.

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) provide for the lodgment and determination of applications for the registration of schools; and

(b) provide for notifications, to the Schools Registration Board, of certain changes in relation to schools; and

(c) prescribe the proportional rate for the purposes of determining school grants; and

(d) are made consequentially on the repeal of the Education Regulations 1995 under section 11 of the Subordinate Legislation Act 1992 .