Queensland: Education (General Provisions) Act 2006 (Qld)

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 Chapter 1 Preliminary Part 1 Introduction 1 Short title This Act may be cited as the Education (General Provisions) Act 2006. 2 Commencement (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. Part 2 Application 3 Act 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. 4 Interaction 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. Part 3 Objects 5 Objects 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. 6 Activities 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. Part 4 Guiding principles for achieving Act's objects 7 Guiding 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. Part 5 Interpretation 8 Definitions The dictionary in schedule 4 defines particular words used in this Act. 9 Meaning 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. 10 Meaning 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). 11Meaning 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. Chapter 2 State educational institutions Part 1 State education 12 Provision 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. Part 2 Establishment and naming of State educational institutions 13 Power to establish State schools The Minister may establish schools at which the State provides primary, secondary or special education. 14 Power 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. 15 Power 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. 16 Naming, and changing of name, of a State educational institution The Minister may name, and change the name of, a State educational institution. Part 3 Amalgamation or closure of State schools 17 Definition 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. 18 Notice 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. 19 Consultation (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. 20 Time 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. Part 4 Bases for education provided, and testing, at State instructional institutions 21 Curriculum 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. 22 [Repealed] 23 [Repealed] 24 Direction 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). Part 5 [Repealed] Division 1 [Repealed] 25 [Repealed] 26 [Repealed] Division 2 [Repealed] 27 [Repealed] Division 3 [Repealed] 28 [Repealed] 29 [Repealed] 30 [Repealed] 31 [Repealed] Division 4 [Repealed] 32 [Repealed] 33 [Repealed] 34 [Repealed] 35 [Repealed] 36 [Repealed] 37 [Repealed] Division 5 [Repealed] 38 [Repealed] Division 6 [Repealed] 39 [Repealed] 40 [Repealed] 41 [Repealed] 42 [Repealed] Division 7 [Repealed] 43 [Repealed] 44 [Repealed] Part 6 Miscellaneous provisions 45 Inspection 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. 46 Investigation 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. 47 Use 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. Chapter 2A [Repealed] Part 1 [Repealed] 47A [Repealed] Part 2 [Repealed] 47B [Repealed] 47C [Repealed] 47D [Repealed] 47E [Repealed] Part 3 [Repealed] 47F [Repealed] 47G [Repealed] 47H [Repealed] 47I [Repealed] 47J [Repealed] Part 4 [Repealed] 47K [Repealed] Chapter 3 Cost of providing State education 48 Definitions 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. 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. permanent resident means the holder of a permanent visa as defined by the Migration Act 1958 (Cwlth), section 30(1). 49 Meaning 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. 50 State education to be free (1) Subsection (2) applies to— (a) a person enrolled at a State school; or (b) a person who is a kindergarten age child registered in— (i) a kindergarten learning program at a prescribed State school; or (ii) a distance education kindergarten 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. 51 Power to charge particular persons or for particular educational services (1) Subsection (3) applies to a person who is receiving, or intends to receive, education at a State school, or a kindergarten age child registered in a kindergarten 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 kindergarten age child in the kindergarten 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 kindergarten age child mentioned in subsection (1) is not paid— (a) the kindergarten age child is not entitled to be registered in a kindergarten learning program at a State school; and (b) the chief executive may cancel the registration of the child. 52 Fee 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. 53 When 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. 54 Waiver 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. 55 Charging 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. (6) In this section— specialised educational program means an educational program not usually offered by a State school. 56 Voluntary 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. Chapter 4 Allocation of State education Part 1 Preliminary 57 Definition for ch 4 In this chapter— student includes a person who is not enrolled at a State school. 58 Application 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. 59 [Repealed] Part 2 Basic allocation, initial allocation and remaining allocation 60 Basic 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. 61 Initial 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. 62 Principal 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. 63 Notice 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. 64 Information 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. Part 3 Extra semesters may be granted by principals 65 Application 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. 66 Principal 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. 67 Limitation on extra semesters granted by principals No more than 2 extra semesters may be granted to a student under this part. Part 4 [Repealed] 68 [Repealed] 69 [Repealed] Part 5 Further semesters may be granted by chief executive 70 Definition for pt 5 In this part— stated State school see section 71(2). 71 Application 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. 72 Chief 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. 73 Chief 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. 74 Limitation on further semesters granted by chief executive No more than 4 further semesters may be granted to a student under this part. Part 6 Copy of notice to be given to parent 75 Copy 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. Chapter 5 Religious instruction 76 Religious 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. Chapter 6 School councils Part 1 Preliminary 77 Definitions 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. 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. Part 2 Object of chapter 78 Object (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. Part 3 Establishment, name, functions and other matters 79 Establishment (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. 80 Name 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'. 81 Functions (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. 82 School 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. Part 4 Membership 83 Membership 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. 84 Number (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. 85 Official 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. 86 Elected 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. 87 Coopted 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). 88 Alternative 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. 89 Chairperson (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). 90 Term 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. 91 Casual 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. 92 Vacation 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. 93 Disqualification 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. Part 5 Constitution 94 Constitution 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. 95 Amendment 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 constitution. (3) An amendment has no effect unless— (a) the amended constitution is consistent with the model constitution; or (b) the amendment 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. 96 Model constitution for school councils The chief executive may prepare a model constitution for school councils (the model constitution). Part 6 Council business 97 Conduct 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. 98 Time 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. 99 Quorum 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. 100 Presiding 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. 101 Conduct 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. 102 Attendance 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. 103 Disclosure 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. Part 7 Application of other laws 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 2023 A school council is a public authority under the Public Records Act 2023. 106 [Repealed] 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. Part 8 Starting up 108 Purpose 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. 109 Initial 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 const