Australian Capital Territory Numbered Acts

EDUCATION ACT 2004 (NO. 17 OF 2004) - SCHEDULE 2

Schedule 2     Consequential amendments

(see s 175)

Part 2.1     Board of Senior Secondary Studies Act 1997

[2.1]     New division 3.3

insert

Division 3.3     Specialist education providers

27A     Approved specialist education providers

    (1)     The board may approve specialist education providers for this Act.

    (2)     The board must keep an up-to-date list of approved specialist education providers.

27B     Criteria for approval

The board may approve an entity as a specialist education provider only if satisfied that the following criteria (the approval criteria ) are met:

        (a)     the provider will have premises and equipment that comply with any relevant Territory laws about health and safety standards;

        (b)     the nature and content of the education to be offered by the provider will be satisfactory for the educational levels for which approval as a provider is sought;

        (c)     the teaching staff will be efficient and effective;

        (d)     the facility operated by the provider will be conducted in a satisfactory way;

        (e)     the disciplinary policy of the provider will not allow corporal punishment.

27C     Suspension of approval

The board may suspend the approval of a specialist education provider if the board is no longer satisfied, on reasonable grounds, that the provider meets the approved criteria under section 27B.

27D     Cancellation of approval

The board must cancel the approval of a specialist education provider if, on at least 3 occasions, a ground existed on which the board would have been entitled to suspend the approval of the provider.

27E     Notice of decisions

    (1)     The board must give written notice—

        (a)     for a decision refusing to approve an application for approval as a specialist education provider under section 27A—to the applicant; and

        (b)     for a decision suspending or cancelling an approval of a specialist education provider under section 27C or section 27D—to the provider.

    (2)     The notice must be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989 , section 25B (1).

27F     Review of decisions by administrative appeals tribunal of certain decisions

A person may apply in writing to the administrative appeals tribunal for review of a decision of the board mentioned in section 27E.

Part 2.2     Children and Young People Act 1999

[2.2]     Section 330 (e) and (f)

substitute

        (e)     by a government school or non-government school under the Education Act 2004 , whether provided during or outside school hours; or

[2.3]     Section 330

renumber paragraphs when Act next republished under Legislation Act

[2.4]     Section 373 (a)

substitute

        (a)     contravenes the Education Act 2004 in relation to the young child; or

[2.5]     Section 378

substitute

378     Ch 10 subject to certain provisions of Education Act

This chapter has effect subject to the Education Act 2004 , section 11 (Compulsory attendance) and section 14 (Exemption certificates).

[2.6]     Dictionary, definition of school

substitute

"school" means—

        (a)     a government or non-government school under the Education Act 2004 ; or

        (b)     an educational institution conducted by the Canberra Institute of Technology.

[2.7]     Dictionary, definition of school-leaving age

substitute

"school-leaving age" means 15 years old.

Part 2.3     Crimes Act 1900

[2.8]     Dictionary, definition of school

substitute

"school" means—

        (a)     a government or non-government school under the Education Act 2004 ; or

        (b)     an educational institution conducted by the Canberra Institute of Technology;

and includes any land or premises that belong to, are occupied by, or are used in relation to, a school.

Part 2.4     Intoxicated Persons (Care and Protection) Act 1994

[2.9]     Section 3 (1), definition of school

substitute

"school" means a government school or non-government school under the Education Act 2004 , and includes any land or premises that belong to, are occupied by, or are used in relation to, a school.

Part 2.5     Legislation Act 2001

[2.10]     Schedule 1, part 1.1, items about Free Education Act 1906 and Public Instruction Act 1880

omit

[2.11]     Schedule 1, part 1.1

renumber items when Act next republished under Legislation Act

Part 2.6     Ombudsman Regulations 1989

[2.12]     Schedule 2, item 2

omit

Part 2.7     Workers Compensation Act 1951

[2.13]     Section 14 (4), definition of educational institution , paragraph (b)

substitute

        (b)     a non-government school under the Education Act 2004; or