Tasmania: Education Act 2016 (Tas)

Education Act 2016 An Act to provide for and regulate education in Tasmania, to repeal, revoke and rescind certain Acts and statutory rules and for related purposes [Royal Assent 21 December 2016] Be it enacted by Her 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 1. Short title This Act may be cited as the Education Act 2016 . 2. Commencement (1) Section 8 commences on the day on which Part 3 of the Education Amendment Act 2017 commences or is taken to have commenced. (2) The remaining provisions of this Act commence on 10 July 2017. (3) . . . . . . . . (4) . . . . . . . . (5) . . . . . . . . (6) . . . . . . . . (7) . . . . . . . . (8) . . . . . . . . (9) . . . . . . . . 3. Objects of Act The objects of this Act are – (a) to make available to each Tasmanian child a high-quality education that – (i) helps maximise the child's educational potential; and (ii) provides the foundation to enable the child, throughout childhood and as an adult, to lead a fulfilling life and to contribute to the Tasmanian community; and (b) to provide for 13 years of compulsory education and training; and (c) to provide for access to pre-compulsory education; and (d) to provide for the operation, governance and monitoring of State schools; and (e) to provide for the operation, governance and monitoring of non-government schools; and (f) to provide for the registration and monitoring of home education. 4. Principles which are basis of Act (1) The principles on which this Act is based are the following principles: (a) the right of every child to receive an education until the child completes Year 12, the year of home education equivalent to Year 12 or an approved learning program; (b) the right of every child, during the years of education from kindergarten to the year commonly known as Year 2, to be supported by developmentally appropriate learning frameworks that recognise the child as an active learner and support the delivery of an enquiry-based curriculum; (c) that the State recognises the role and importance of a child's parents in the education of their child; (d) that the State recognises that a child's parents are the first and most important educators of the child; (e) that the State recognises – (i) that parents have a responsibility to ensure that their child receives an education; and (ii) that the State has a responsibility to support parents in ensuring that they meet their responsibilities under this Act; (f) the importance of a child having the opportunity, and being encouraged, to be actively involved in decisions affecting the child's participation in education, having regard to the age and understanding of the child; (g) the importance of the State, education regulators, parents, teachers, schools, other educational institutions (including TasTAFE and the University of Tasmania) and the wider community working collaboratively to engender a commitment in all sectors in Tasmania to achieving the best educational outcomes for children; (h) the importance of the provision by the State of universal access to education through the maintenance of a government education system; (i) the importance of providing the foundation for lifelong learning; (j) that the provision of education at a school recognises the individual needs of children with disabilities and, to that end, persons involved in the administration of this Act and the provision of education at a school will make appropriate, reasonable provision for those needs; (k) that all students are entitled to education of a quality that is capable of enabling them to reach their potential and so maximise their achievements and contribution to the community. (1A) A person performing a function, action or duty, or exercising a power, under this Act, is to have regard to the principles set out in subsection (1) . (2) For the purposes of subsection (1)(b) , a learning framework is a framework that describes the principles and practices to support and enhance learning and the outcomes to be achieved from that learning as approved from time to time by the Ministerial Council responsible for early childhood education and care in accordance with the Education and Care Services National Law (Tasmania). 5. Interpretation In this Act, unless the contrary intention appears – administrative authority, in relation to a school, means – (a) in relation to a State school, the Secretary; or (b) in relation to a registered individual school, the governing body of the school; or (c) in relation to a registered system school, the approved authority for the system of non-government schools of which the school is a member; apprentice has the same meaning as in the Training and Workforce Development Act 2013 ; approved authority means the approved authority for a system of non-government schools, within the meaning of section 146(1) ; approved home education program means a proposed home education program that has been approved under section 69 , as amended from time to time; approved learning program means a learning program that is approved under section 29 or 84 , as amended from time to time; Australian Qualifications Framework means the national policy of that name for accredited qualifications in Australian education and training (including addenda to that policy added from time to time) that – (a) defines qualifications recognised nationally in education and training undertaken within Australia; and (b) is published by the Commonwealth government department having responsibilities in relation to education and training; and (c) took effect on 1 July 2011 – as amended or substituted from time to time; certificate of registration, in relation to a registered system of non-government schools or a registered individual school, means the certificate of registration issued under section 153 or 177 ; child means a person who has not attained the age of 18 years; compulsory conciliation conference means a conference referred to in section 41(b) ; Compulsory Schooling Order has the meaning given by section 52 ; conciliator includes mediator; corporal punishment means physical punishment by means of a cane, stick, strap, belt or hand or by any other means; disability, in relation to a person, means a disability which – (a) is attributable to an intellectual, cognitive, neurological, psychiatric, sensory or physical impairment or a combination of those impairments; and (b) is permanent or likely to be permanent; and (c) results in – (i) a substantially reduced capacity of the person for communication, learning or mobility; and (ii) the need for continuing support services; and (d) may or may not be of a chronic episodic nature; distance education means education provided to a school-aged child that is – (a) characterised by the separation of the teacher and child in time or place; and (b) provided by using a variety of methods of delivery; education regulator means – (a) the Registrar; or (b) the Registration Board; or (c) the Tasmanian Assessment, Standards and Certification Board established by section 7(1) of the Tasmanian Assessment, Standards and Certification Act 2003 ; or (d) the Teachers Registration Board of Tasmania continued by section 5(1) of the Teachers Registration Act 2000 . eligible capital expenditure means expenditure incurred for the educational or residential purposes of school students relating to – (a) the acquisition of land; and (b) the erection, alteration and extension of buildings; and (c) the installation of essential services; eligible loan means a loan that is – (a) taken out wholly or partly for the purpose of eligible capital expenditure; and (b) repayable within a period of 20 years; and (c) repayable by principal and interest; full-time employment has the same meaning as in the Australian Bureau of Statistics Labour Force Survey; governing body means – (a) in relation to a registered school, the person or organisation that owns, manages or operates the registered school; or (b) in relation to a proposed new non-government school, the person or body that proposes to establish the new non-government school; or (c) in relation to a State school, the Secretary; home education means the education of a school-aged child or youth by a home educator in accordance with an approved home education program; home education assessment means an assessment carried out by a registration officer for a purpose specified in section 86 ; home educator means a parent named in an approved home education program as a parent who provides home education to his or her child under that program; hostel means a facility for the residential accommodation of school students; individual education program means a program authorised and supervised by a principal of a school that meets the individual educational needs of a child enrolled at that school; individual non-government school means a non-government school which is not a member of a system of non-government schools; intake area, in relation to a State school, means the area determined – (a) by the Minister under section 97 or 98 to be the intake area for that school; or (b) once the Secretary determines the intake area for the school under section 99(1) , that intake area; kindergarten means the year of education that – (a) immediately precedes the first year of compulsory education; and (b) is offered to children by a school; learning program means – (a) education at a school; or (b) education through an individual education program; or (c) vocational education and training, within the meaning of the Training and Workforce Development Act 2013 ; or (d) an apprenticeship or traineeship under a training contract approved under section 32 of the Training and Workforce Development Act 2013 ; or (e) education at a university; or (f) a combination of any approved learning programs referred to in paragraph (a) , (b) , (c) , (d) and (e) ; Ministerial instructions means instructions issued by the Minister under section 6 ; new individual non-government school means a non-government school that, immediately before an application for registration of the school is made under Division 3 of Part 6 , was not registered – (a) as a member of a system of non-government schools under Division 2 of Part 6 ; or (b) as an individual non-government school under Division 3 of Part 6 – whether or not the school had previously been so registered; non-government school means a school, other than a State school, that provides educational instruction at any level up to and including the final year of secondary education; overseas student means a person who holds a visa under the Migration Act 1958 of the Commonwealth under which the person, whether expressly or otherwise, may study in Tasmania; parent includes – (a) a legal guardian of a child; and (b) another person who has the care, control or custody of a child; and (c) another person who generally acts in the place of a parent of a child and has done so for a significant length of time; primary education means education at a school from the first year of compulsory education following kindergarten to the school year commonly known as Year 6 (inclusive); principal means the individual in charge of the day-to-day operation of a school; Principal Officer, Non-attendance means the person appointed as the Principal Officer, Non-attendance under section 215 ; provider, in relation to an approved learning program, means any of the following persons who, under the program, are involved in providing the whole or any part of the program: (a) a principal of a school; (b) TasTAFE; (c) another registered training organisation within the meaning of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth; (d) an employer of an apprentice or trainee; (e) the University of Tasmania; (f) a university or other tertiary education institution of another jurisdiction; registered individual school means a non-government school which is registered under Division 3 of Part 6 ; registered school means – (a) a registered system school; or (b) a registered individual school; or (c) a campus of a school that is registered, managed or controlled by a school in another State or a Territory; registered system of non-government schools means a system of non-government schools that is registered under section 150 ; registered system school means a non-government school that is registered as a member of a registered system of non-government schools under Division 2 of Part 6 ; Registrar means the person appointed as the Registrar, Education under section 218 ; Registration Board means the Non-government Schools Registration Board established under section 229 ; registration inspection means an inspection carried out in accordance with a request made by the Registration Board under section 186 ; registration officer means a person appointed as a registration officer under section 228 ; registration review means a review carried out in accordance with a request made by the Registration Board under section 182(1) ; regulations means regulations made and in force under this Act; relevant record means any record, book, document, account or other information compiled, recorded or stored by any means, including a record relating to students, which is relevant to the approval, granting, making or determination of a grant or additional grant under section 203 or 206 ; Review Panel means the Review Panel established under section 234 ; school means – (a) a State school; and (b) a centre, unit or institute of the State which provides educational instruction at any level up to, and including, the final year of secondary education; and (c) a registered school – but does not include TasTAFE; school-aged child means a child, other than an overseas student, who – (a) is required under section 11(1) to be enrolled at a school or provided with home education; or (b) would be required under section 11(1) to be enrolled at a school or provided with home education if not exempted under Part 3 ; school association means a school association established by the Minister under section 110 ; school's relevant financial year means the financial year of an individual non-government school during which a grant or additional grant under section 203 or 206 was received by it; school student means a school-aged child, youth or other person enrolled at a school; secondary education means education at a school from the school year commonly known as Year 7 to the school year commonly known as Year 12 (inclusive); Secretary means the Secretary of the Department; senior secondary education means education at a school for the school years commonly known as Year 11 and Year 12; State school means a school, including a college for senior secondary education – (a) established, or formed by the amalgamation of schools, under section 97 ; or (b) established, or formed by the amalgamation of schools, under the Education Act 1994 or any other enactment that provided for the establishment of schools by the Crown; student means a child, youth or person – (a) enrolled at a school; or (b) provided with home education; or (c) participating in an approved learning program; support school means a school established by the Minister for the purpose of providing specialised, and personalised, teaching and learning programs for students with disability; system of non-government schools means a system of non-government schools formed in accordance with section 145 ; TasTAFE means TasTAFE as continued by the TasTAFE (Skills and Training Business) Act 2021 ; trainee has the same meaning as in the Training and Workforce Development Act 2013 ; transition statement means a statement issued to a person under section 90 or section 91 ; transitioning non-government school means a non-government school that is referred to in section 155(6) , section 156(4) or section 163(5) ; University of Tasmania means the university continued under that name under section 4 of the University of Tasmania Act 1992 ; vocational education and training has the same meaning as in the Training and Workforce Development Act 2013 ; Year 10 means the school year of secondary education commonly known as Year 10; Year 12 means the school year of secondary education commonly known as Year 12; Year 12 completion certificate means a certificate issued to a person under section 92 on completion of Year 12 or under section 93 on completion of the year of home education equivalent to year 12; youth means a child, other than an overseas student, who – (a) is required under section 24 to participate in an approved learning program or be home educated; or (b) would be required under section 24 to participate in an approved learning program or be home educated if not exempted under Part 3 . 6. Ministerial instructions (1) In this section – specified means specified in the Ministerial instructions. (2) The Minister may issue instructions, in writing, in relation to the activities, functions and practices undertaken, and the guidelines, principles and procedures to be observed, by the Secretary, an education regulator, principals, schools, parents and children in relation to – (a) enrolment at school, including the enrolment of a child who is not yet a school-aged child; and (b) attendance at schools and approved programs; and (c) the management of the non-attendance of a child at a school; and (d) the approval of, and the revocation of the approval of, any person as a conciliator for the purposes of convening and facilitating compulsory conciliation conferences; and (e) any matter concerning the registration of a home educator, the approval of a home education program or the continuing assessment of a home educator or an approved home education program; and (f) any matter concerning the exercise of powers, or performance of functions, of education regulators under this Act, the Tasmanian Assessment, Standards and Certification Act 2003 or the Teachers Registration Act 2000 ; and (g) any matter relating to an independent review conducted in accordance with section 221C or section 229B of this Act, section 14A of the Tasmanian Assessment, Standards and Certification Act 2003 or section 10D of the Teachers Registration Act 2000 ; and (h) any matter concerning the registration of a system of non-government schools or a non-government school and the processes to be followed by the Registration Board in complying with this Act or any other Act; and (i) any matter relating to the form, and timing of the provision of, statements, agreements, plans, reports and other documents required under this Act, the Tasmanian Assessment, Standards and Certification Act 2003 or the Teachers Registration Act 2000 ; and (j) such other matters relating to the purposes and administration of this Act, the Tasmanian Assessment, Standards and Certification Act 2003 or the Teachers Registration Act 2000 , as the Minister considers appropriate. (3) Before issuing a Ministerial instruction in relation to a registered school, or which will affect a registered school, the Minister is to consult with whichever one or more of the following is relevant in the circumstances: (a) the governing body of the registered school; (b) the approved authority for the system of non-government schools of which the registered school is a member; (c) if the registered school is a member of an association of schools that represents those schools, that association. (4) Ministerial instructions may be issued so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the instructions and, in particular, may be issued so as to – (a) apply at all times, at a specified time or for a specified period; and (b) apply to – (i) all education regulators, schools, principals, teachers, parents, children and other persons; or (ii) a specified class of education regulators, schools, principals, teachers, parents, children and other persons; or (iii) a specified education regulator, school or principal. (5) Ministerial instructions may – (a) provide that the Secretary, an education regulator, a principal or a member of a class of principals determine a specified matter; and (b) exempt an education regulator, a school or a person, or a class of schools or persons, from the requirement to comply with a specified provision of the Ministerial instructions, whether on specified conditions or unconditionally and either wholly or to such extent as is specified. (5A) A Ministerial instruction issued in relation to the guidelines, principles, practices and procedures to be observed by an education regulator is not to seek to direct the education regulator in relation to a decision made under this or any other Act regarding an individual case. (6) The Minister, from time to time, may amend the Ministerial instructions, rescind them or rescind them and substitute new Ministerial instructions. (7) The Ministerial instructions are to be published in the manner that the Minister considers appropriate. (8) An amendment of the Ministerial instructions is taken to be incorporated with the instructions. (9) A Ministerial instruction that is inconsistent with this Act is invalid to the extent of the inconsistency. (10) The Ministerial instructions, an amendment of the Ministerial instructions and a rescission of the Ministerial instructions are not statutory rules for the purposes of the Rules Publication Act 1953 . 7. Secretary's instructions (1) In this section – specified means specified in the Secretary's instructions. (2) The Secretary may issue instructions, in writing, in relation to matters under this Act, including, but not limited to – (a) the entitlement of school-aged children, youths and persons whose homes are not in the intake area for a State school to enrol at that school; and (b) the attendance at a State school of children referred to in section 8 ; and (c) the process to be followed by State schools in managing the absences of their students not authorised by Part 3 ; and (d) the regulation of the conduct and discipline of students, including the expulsion and suspension of students; and (e) the transfer of students at State schools between classes and between courses; and (f) the transfer of students between State schools; and (g) the curriculum, teaching practice, homework, assessment and reporting procedures at State schools; and (h) religious instruction at State schools; and (i) the development of plans, budgets and reports for State schools; and (j) the charging of fees, levies and charges by principals of State schools for matters incidental to the provision of education; and (k) the management of hostels for State school students; and (l) powers of school associations; and (m) any other matter in relation to which this Act provides that the Secretary is to, or may, issue instructions; and (n) any other matters that the Secretary considers appropriate or that are prescribed by the regulations. (3) The Secretary's instructions may be issued so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the instructions and, in particular, may be issued so as to – (a) apply at all times, at a specified time or for a specified period; and (b) apply to – (i) all schools, principals, teachers, parents, children and other persons; or (ii) a specified class of schools, principals, teachers, parents, children and other persons; or (iii) a specified school or principal. (4) The Secretary's instructions may – (a) provide that a principal or a member of a class of principals determine a specified matter; and (b) exempt a school or a person, or a class of schools or persons, from the requirement to comply with a specified provision of the Secretary's instructions, whether on specified conditions or unconditionally and either wholly or to such extent as is specified. (5) The Secretary, from time to time, may amend the Secretary's instructions, rescind them or rescind them and substitute new Secretary's instructions. (6) The Secretary's instructions are to be published in the manner the Secretary considers appropriate. (7) An amendment of the Secretary's instructions is taken to be incorporated with the instructions. (8) A Secretary's instruction that is inconsistent with this Act is invalid to the extent of the inconsistency. (9) The Secretary's instructions, an amendment of the Secretary's instructions and a rescission of the Secretary's instructions are not statutory rules for the purposes of the Rules Publication Act 1953 . PART 2 - Education Before Compulsory Education 8. Kindergarten (1) A child who attains the age of 4 years on or before 1 January in any year is entitled to be enrolled at and attend a State school in that year for kindergarten. (2) If a registered school is registered under Part 6 to provide kindergarten, a child who attains the age of 4 years on or before 1 January in any year may be enrolled at and attend that school in that year for kindergarten in accordance with the policy of the school. (3) . . . . . . . . (4) . . . . . . . . (5) Section 12 applies, with any necessary modification, to the enrolment of a child at a school under this section. 9. . . . . . . . . PART 3 - Compulsory Education and Training Division 1 - Objects of Part 10. Object of Part The object of this Part is to ensure that a child completes at least 13 years of education or training as follows (unless exempted under this Part): (a) by remaining at school, or being home educated, until he or she is issued with a transition statement; (b) by then – (i) continuing at school until he or she is issued with a Year 12 completion certificate; or (ii) participating in an approved learning program in another manner, or being home educated, until the child attains the age of 18 years or completes the approved learning program. Division 2 - School-aged children Subdivision 1 - Enrolment at school 11. Requirement to enrol school-aged child at school or provide home education (1) Unless exempted under this Division, a child who is at least 5 years of age as at 1 January in any year must be – (a) enrolled at a school until issued with a transition statement (whether or not the child attains the age of 18 years before the commencement of, or during, Year 10); or (b) provided with home education by a registered home educator for that year and subsequent years until the child is issued with a transition statement. (2) Each parent of a school-aged child must ensure, unless the child is exempted from enrolment under section 13 or the parent has a reasonable excuse, that the child is – (a) enrolled at a school; or (b) being provided with home education by a parent of the child who is registered as a home educator in respect of that child. Penalty: Fine not exceeding – (a) 10 penalty units for a first offence; and (b) 15 penalty units for a second or subsequent offence. (3) Without limiting subsection (2) , it is a reasonable excuse for a parent that the school-aged child primarily resides with another parent and the first parent believes, on reasonable grounds, that the other parent – (a) is ensuring that the school-aged child is enrolled at a school; or (b) is a home educator providing the school-aged child with home education. (4) A school-aged child may not be enrolled at more than one school unless the child – (a) has disability; and (b) is a member of a class of school-aged children that the Ministerial instructions allows to be enrolled at more than one school; and (c) is enrolled in accordance with the Ministerial instructions. 12. Applying for enrolment at school (1) A parent is to enrol a school-aged child at a school by lodging a completed application with the school's principal. (2) An application for enrolment of a school-aged child is to include any information the Ministerial instructions require in relation to – (a) the identity of the child; and (b) the identity of the parent of the child; and (c) the place of residence of the child; and (d) any other matter the Minister considers relevant. (3) If requested by the school's principal, a parent wishing to enrol a school-aged child is to provide evidence of – (a) the age of the child; and (b) the family name of the child; and (c) the parent's guardianship, the parent's parental responsibility under a parenting plan, or parenting order, under Part VII of the Family Law Act 1975 of the Commonwealth or the parent's other care and control of the child. 13. Exemption from requirement to enrol at school or be home educated (1) A parent of a school-aged child, or a school-aged child who is living independently from his or her parents, may apply to the Minister to exempt the child from the requirement to enrol at a school or be home educated. (2) An application is to be in writing and made in accordance with the Ministerial instructions. (3) The Minister, at his or her own discretion or on the application of a parent or a school-aged child under subsection (1) , may grant a school-aged child, or a class of school-aged children, an exemption from the requirement to be enrolled at a school or be home educated if satisfied that it is in the best interests of the child, or children, to be exempted. (4) The Minister may – (a) grant the exemption subject to any condition; and (b) impose any further condition, or vary or revoke any condition, at any time. (5) The Minister is to publish an exemption granted under subsection (3) to a class of school-aged children in a manner he or she considers appropriate. (6) An exemption remains in force – (a) for the period referred to in it; or (b) if the exemption is revoked before the expiration of that period, when it is revoked. 14. Certificate of exemption (1) A certificate of exemption is a certificate that states that the school-aged child specified in it is exempt from the requirement to be enrolled at a school or be home educated on the conditions specified in, or attached to, it. (2) If the Minister under section 13 exempts a particular school-aged child from the requirement to enrol at a school or be home educated, the Minister is to issue a certificate of exemption to the parent of the child, or the child, who applied for the exemption, or to both the parent and the child if the Minister considers it appropriate. (3) If – (a) the Minister under section 13 exempts a class of school-aged children from the requirement to enrol at a school or be home educated; and (b) the parent of a school-aged child of that class, or such a child, applies to the Minister for a certificate of exemption – the Minister is to issue a certificate of exemption to that parent or child or, if the Minister considers it appropriate, to both the parent and child. (4) An application under subsection (3)(b) is to be in writing and made in accordance with the Ministerial instructions. 15. Revocation of exemption to enrol at school or be home educated (1) An exemption granted under section 13(3) to a particular school-aged child is revoked if any condition to which the exemption is subject is contravened. (2) An exemption granted under section 13(3) to a class of school-aged children is revoked in relation to a particular school-aged child if any condition to which the exemption is subject is contravened by the child's parent or the child. (3) The Minister may revoke an exemption granted under section 13 if satisfied that it is appropriate to do so. (4) If the Minister revokes an exemption that was granted under section 13(3) on the application of a parent or a school-aged child, the Minister is to notify, in writing, each parent and school-aged child to whom a certificate of exemption was issued under section 14 of that revocation. (5) If the Minister revokes an exemption that was granted under section 13(3) to a class of school-aged children, the Minister is to publish that revocation in a manner he or she considers appropriate. (6) If an exemption granted under section 13 is revoked, the parent or school-aged child to whom a certificate of exemption was issued under section 14 must return it to the Minister. Penalty: In the case of a contravention by a parent, a fine not exceeding 5 penalty units. Subdivision 2 - Attendance of school-aged children at school 16. Attendance at school of school-aged child (1) Unless exempted or excused under this Division, a parent of a school-aged child must ensure that the child – (a) attends school each school day; or (b) receives home education; or (c) participates in an individual education program. Penalty: Fine not exceeding 15 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues. (2) If a court finds a parent guilty of an offence under subsection (1) , the court, instead of or in addition to imposing a fine, may make a community service order within the meaning of the Sentencing Act 1997 . (3) A school-aged child is to attend a school during the whole of a school day unless the child – (a) is being provided with home education; or (b) is participating in an individual education program; or (c) is exempted or excused from attendance under this Division. (4) A principal must ensure that a register is kept recording the daily attendance or absence of each school-aged child. (5) For the purposes of this section, a school-aged child may attend a school by using a form of electronic communication, within the meaning of the Electronic Transactions Act 2000 , if – (a) the principal of a school has approved attendance at the school by that form of electronic communication; and (b) the principal has approved the attendance of the child at the school by using that form of electronic communication. 17. Part-time attendance of school-aged child (1) A parent of a school-aged child, or a school-aged child who is living independently from his or her parents, may apply, in writing, to the Minister to permit the child to attend a school part-time. (2) An application is to be in writing and made in accordance with the Ministerial instructions. (3) The Minister, at his or her own initiative or on the application of a parent or school-aged child, may permit part-time attendance at a school if satisfied that it is in the best interests of the school-aged child to attend part-time. (4) The Minister may – (a) permit part-time attendance at a school subject to any condition; and (b) impose any further condition or vary or revoke any condition at any time. 18. Exemption from attendance of school-aged child without application (1) A school-aged child is exempted from the requirement to attend a school if – (a) the child is suspended or temporarily excluded from that school; or (b) the child has been expelled from that school; or (c) the child has been, or is a member of a class of school-aged children that has been, exempted under section 13 from the requirement to be enrolled at a school or be home educated; or (d) the child attends a school which is not, but which the child's parent reasonably believes to be, a school within the meaning of this Act. (2) An exemption under this section ceases to have effect on the day on which the event on which the exemption is based ceases to apply. (3) A school-aged child who is enrolled at a school is not exempted from the requirement to attend the school by reason only of disability. 19. School-aged child excused from daily attendance at school (1) A school-aged child is excused from attendance at a school if – (a) the child – (i) is sick; or (ii) has a temporary physical or mental incapacity; and (b) that sickness or physical or mental incapacity is such that it prevents the child from attending; and (c) a parent of the child, or the child if he or she is living independently from his or her parents, has notified the school's principal as soon as reasonably practicable on or after the day on which the child is absent, but not later than 5 days after that day. (2) If a school-aged child has failed to attend at a school because of sickness or incapacity for a total of 5 days in any school year, the parent of the child, or the child if he or she is living independently from his or her parents, is to provide a certificate from a medical practitioner in relation to any further failure to attend because of sickness or incapacity if requested to do so by the school's principal. (3) For the purposes of subsections (1) and (2) , if a school-aged child has a medical or other condition that results in the child being susceptible to having a physical, emotional or mental reaction to an incident, situation or exposure to disease which is stronger than the reaction of school-aged children who do not have the condition – (a) the child, by reason of that condition alone, is taken not to be sick or incapacitated; but (b) on the day on which the child is absent from school, is taken to be sick or incapacitated if he or she is experiencing or recovering from such a reaction. (4) A principal of a school may require a school-aged child not to attend a school during any day on which the child has an infestation or is suffering from any disease which, on advice from the Director of Public Health, the Secretary considers may be infectious, contagious or harmful to the health of other persons at the school. (5) A school-aged child is excused from attendance at a school – (a) if the child is required under subsection (4) not to attend a school; or (b) in any circumstances specified in the Ministerial instructions. Subdivision 3 - Withdrawal from, or cancellation of, enrolment of school-aged child 20. Withdrawal from, or cancellation of, enrolment of school-aged child (1) If a school-aged child is enrolled at a school and is to be withdrawn from that school, the parent of the child must notify the principal of the school, in writing, of that withdrawal and – (a) of the proposed school at which the child is to be enrolled; or (b) that the child is to be home educated; or (c) of any other proposed education of the child; or (d) that the child is exempted or excused under this Part from the requirement to be enrolled at a school or be provided with home education. (2) If the principal of a school receives notice that a school-aged child is withdrawn from the school and is to be home educated, the principal of the school is to provide a copy of the notice to the Registrar. (3) If the enrolment of a school-aged child at a registered school is cancelled, the administrative authority must notify the Secretary of the cancellation within 7 days. (4) If the principal of a school (the old principal) is notified that a school-aged child is withdrawing from enrolment at that school and is to be enrolled at another school, the old principal is to notify the principal of the other school (the new principal), in writing, of the intention of the parent of the child to enrol him or her at the other school. (5) If a new principal receives notice from the old principal that a school-aged child is to be enrolled at his or her school – (a) the new principal is to request the provision of information relating to the child, including personal and educational information, from the old principal; and (b) the old principal is to provide that information to the new principal. (6) If a new principal receives notice that a school-aged child is to be enrolled at his or her school but the parent of the child fails to enrol the child – (a) the new principal is to inform the Secretary of the responsible Department in relation to the Children, Young Persons and Their Families Act 1997 or a Community-Based Intake Service, within the meaning of that Act, of that failure to enrol; and (b) the information provided under paragraph (a) is to be taken, for the purposes of section 14 of the Children, Young Persons and Their Families Act 1997 , to be information of a suspicion that the child is being abused or neglected. Subdivision 4 - Providing learning programs or notices of home education during last year as school-aged child 21. Object of Subdivision The objects of this Subdivision are to ensure that – (a) before the requirement for a school-aged child to be enrolled at a school ends and the child becomes a youth, an approved learning program is put in place in preparation for the participation of the youth, in accordance with the requirement under section 24 , in an approved learning program during the following year; and (b) the school-aged child receives the support of the school at which he or she is enrolled in preparing a learning program for approval as his or her approved learning program. 22. Providing learning program or notifying of home education (1) During the school year in which a school-aged child is attending Year 10 at a school, the parent of the child, and that child, must ensure that a notice, of a proposed learning program for the child to participate in following the issue to the child of a transition statement, is provided to the principal of the school in accordance with this section unless – (a) the child is to be home educated following the issue of that certificate; or (b) the child attains the age of 18 years during the calendar year that encompasses Year 10. Penalty: In the case of a contravention by a parent, a fine not exceeding 10 penalty units. (2) A notice under subsection (1) is to – (a) be in a form approved by the Minister; and (b) include the proposed learning program; and (c) be provided to the principal of the child's school no later than the end of the school year for that school. (3) During the school year in which a school-aged child is attending Year 10 at a school, the parent of the child, and the child, must ensure that a notice, stating that the child is to be home educated following the issue to the child of a transition statement, is provided, in accordance with this section, to the principal of the child's school unless – (a) the child is to participate in an approved learning program following the issue of that certificate; or (b) the child attains the age of 18 years during the calendar year that encompasses Year 10. Penalty: In the case of a contravention by a parent, a fine not exceeding 10 penalty units. (4) A notice under subsection (3) is to – (a) be in a form approved by the Minister; and (b) include evidence, as required by the Ministerial instructions, that the parent of the child is a home educator or has applied to be registered as a home educator; and (c) be provided to the principal of the child's school no later than the end of the school year for that school. (5) Either before, or as soon as reasonably practicable after, the end of Year 10, the principal is to provide – (a) a notice received by him or her under subsection (1) or (3) to the Secretary; and (b) if the child is a child referred to in section 29(2) , a copy of the proposed learning program accompanying a notice received by him or her under subsection (1) to each provider under the program; and (c) a copy of the notice received by him or her under subsection (3) to the Registrar. (6) This section does not apply to a child who is enrolled at a school, for part-time attendance, as part of his or her approved home education program and is to continue to be home educated following the issue to the child of a transition statement. Division 3 - Youths Subdivision 1 - Participation in, and completion of, approved learning programs or home education 23. What is participation in an approved learning program? A youth is participating in an approved learning program if he or she, subject to this Act, is being provided with education or training by each provider in accordance with the program. 24. Participation in approved learning program or home education (1) Unless exempted under this Division, a child who has been issued with a transition statement must – (a) participate full-time in an approved learning program until the first of the following occurs: (i) he or she obtains a Year 12 completion certificate; (ii) he or she obtains a Certificate III qualification, within the meaning of the Australian Qualifications Framework; (iii) he or she attains the age of 18 years; or (b) be home educated until he or she attains the age of 18 years. (2) Each parent of a youth must ensure that the youth is participating full-time in an approved learning program or is being home educated unless a youth is exempted from participation under section 26 or the parent has a reasonable excuse. Penalty: Fine not exceeding – (a) 10 penalty units for a first offence; and (b) 15 penalty units for a second or subsequent offence. (3) Without limiting subsection (2) , it is a reasonable excuse for a parent that – (a) the youth primarily resides with another parent and the first parent believes, on reasonable grounds, that the other parent is ensuring that the youth participates full-time in an approved learning program or is being home educated; or (b) in all the circumstances, the parent is not reasonably able to ensure that the youth participates full-time in an approved learning program or is home educated. (4) If a court finds a parent guilty of an offence under subsection (2) , the court, instead of or in addition to imposing a fine, may impose a community service order within the meaning of the Sentencing Act 1997 . 25. Proposed learning program for child coming from outside jurisdiction (1) In this section – prescribed child means a child who – (a) has migrated to Tasmania from another jurisdiction, whether a jurisdiction in Australia or elsewhere; and (b) has completed in that other jurisdiction the equivalent of Year 10. (2) However, a child is not a prescribed child if the Secretary determines that the child has not completed the equivalent of Year 10 in another jurisdiction. (3) A prescribed child is taken to have been issued with a transition statement. (4) Before a prescribed child moves to Tasmania or as soon as reasonably practicable after the child has moved to Tasmania, the child's parent, and the child, must ensure that notice of a proposed learning program for the child to participate in is provided to the Secretary in accordance with this section unless the child is to be home educated. Penalty: In the case of a contravention by a parent, a fine not exceeding 10 penalty units. (5) A notice under subsection (4) is to – (a) be in a form approved by the Minister; and (b) include the proposed learning program. (6) Before a prescribed child moves to Tasmania or as soon as reasonably practicable after the child has moved to Tasmania, the child's parent, and the child, must ensure that a notice stating that the child is to be home educated is provided to the Secretary in accordance with this section unless the child is to participate in an approved learning program. Penalty: In the case of a contravention by a parent, a fine not exceeding 10 penalty units. (7) A notice under subsection (6) is to – (a) be in a form approved by the Minister; and (b) include evidence, as required by the Ministerial instructions, that the parent of the child is a home educator or has applied to be registered as a home educator. 26. Exemption from participation in approved learning program (1) A parent of a youth, or a youth who is living independently from his or her parents, may apply to the Minister to exempt the youth from the requirement to participate in an approved learning program or be home educated. (2) An application is to be in writing and made in accordance with the Ministerial instructions. (3) If the Minister is satisfied by evidence provided with an application under subsection (1) that the youth is in full-time employment, the Minister is to grant the exemption. (4) The Minister, on an application under subsection (1) that does not relate to the youth being in full-time employment, may grant a youth an exemption from the requirement to participate in an approved learning program or be home educated if satisfied that it is in the best interests of the youth to be exempted. (5) The Minister, at his or her own discretion, may grant a class of youths an exemption from the requirement to participate in an approved learning program or be home educated if satisfied that it is in the best interests of the youths to be exempted. (6) The Minister may – (a) grant an exemption under subsection (3) , (4) or (5) subject to any condition; and (b) impose any further condition, or vary or revoke any condition, at any time. (7) The Minister is to publish an exemption granted under subsection (5) to a class of youths in a manner he or she considers appropriate. (8) An exemption remains in force – (a) for the period referred to in it; or (b) if the exemption is revoked before the expiration of that period, when it is revoked. 27. Certificate of exemption (1) A certificate of exemption is a certificate that states that the youth specified in it is exempt from the requirement to participate in an approved learning program or be home educated on the conditions specified in, or attached to, it. (2) If the Minister under section 26 exempts a particular youth from the requirement to participate in an approved learning program or be home educated, the Minister is to issue a certificate of exemption to the parent of the youth, or the youth, who applied for the exemption or, if the Minister considers it appropriate, to both the parent and the youth. (3) If – (a) the Minister under section 26 exempts a class of youths from the requirement to participate in an approved learning program or be home educated; and (b) the parent of a youth of that class, or such a youth, applies to the Minister for a certificate of exemption – the Minister is to issue a certificate of exemption to that parent or youth or, if the Minister considers it appropriate, to both the parent and youth. (4) An application under subsection (3)(b) is to be in writing and made in accordance with the Ministerial instructions. 28. Revocation of exemption from requirement to participate in approved learning program or be home educated (1) An exemption granted under section 26 to a particular youth is revoked if any condition to which the exemption is subject is contravened. (2) An exemption granted under section 26 to a class of youths is revoked in relation to a particular youth if any condition to which the exemption is subject is contravened by the youth's parent or the youth. (3) The Minister may revoke an exemption granted under section 26 if satisfied that it is appropriate to do so. (4) If the Minister revokes an exemption that was granted under section 26(3) or (4) on the application of a parent or a youth, the Minister is to notify, in writing, each parent and youth to whom a certificate of exemption was issued under section 27 of that revocation. (5) If the Minister revokes an exemption that was granted under section 26(5) to a class of youths, the Minister is to publish that revocation in a manner he or she considers appropriate. (6) If an exemption granted under section 26 is revoked, each parent and youth to whom a certificate of exemption was issued under section 27 must return it to the Minister. Penalty: In the case of a contravention by a parent, a fine not exceeding 5 penalty units. 29. Approval of learning program (1) In this section – prescribed child has the same meaning as in section 25 . (2) If a school-aged child – (a) is in Year 10 when notice of the child's proposed learning program is provided to the principal of his or her school under section 22 ; or (b) is being home educated when notice of the child's proposed learning program is provided to the Secretary under section 85 – and the child is issued with a transition statement, the proposed learning program set out in the notice is the approved learning plan for the child on becoming a youth. (3) If a school-aged child – (a) is in Year 10 at a school when notice of the child's proposed learning program is provided to the principal of his or her school under section 22 ; or (b) is being home educated when notice of the child's proposed learning program is provided to the Secretary under section 85 – but the child is not issued with a transition statement, the Secretary may approve the proposed learning program, or amend it and approve the amended proposed learning program, as the approved learning program for the child on becoming a youth. (4) If the Secretary approves an approved learning program under subsection (3) , the child is taken for the purposes of this Act to have been issued with a transition statement. (5) If notice of a proposed learning program for a prescribed child is provided to the Secretary under section 25 , the Secretary may approve the proposed learning program, or amend it and approve the amended proposed learning program, as the approved learning program for the prescribed child. (6) Before amending a proposed learning program under this section, the Secretary is to consult the parent of the child and the child, as the Secretary considers appropriate. (7) A proposed learning program referred to in subsection (3) or (5) , or that program as amended under this section, becomes the approved learning program for the school-aged child or prescribed child on becoming a youth when it is approved under that subsection. (8) On approving a proposed learning program referred to in subsection (3) or (5) , or that program as amended under this section, the Secretary is to notify the parent of the school-aged child or prescribed child, and the child, in writing, of that approval and is to provide a copy of the approved learning program to – (a) each provider under the program; and (b) if the approval is of an amended proposed learning program, the parent and the child. 30. Amendment of approved learning program (1) If, at any time while an approved learning program has effect, the Secretary considers that the program does not meet the requirements for a learning program, the Secretary may amend it. (2) Before amending an approved learning program, the Secretary is to consult the youth and, as the Secretary considers practicable and appropriate in the circumstances, the youth's parent and the providers under the program. (3) On amending an approved learning program, the Secretary is to notify, and provide a copy of the amended approved learning program to – (a) each provider under the program; and (b) the parent of the youth; and (c) the youth. (4) An amendment of an approved learning program takes effect on the day specified in the notice provided to providers, the parent of the youth and the youth under subsection (3) . 31. Completion of approved learning program For the purposes of this Act, a youth completes his or her approved learning program when he or she, under section 24(1) , is no longer required to participate in an approved learning program. Subdivision 2 - Enrolment at school under approved learning program 32. Enrolment at school under approved learning program (1) If a youth's approved learning program requires the youth to attend a school, section 12 applies, with any necessary modification and adaptation, to the application to enrol the youth in a school. (2) A youth may not be enrolled at more than one school unless – (a) the youth has disability; and (b) the youth is a member of a class of youths that the Ministerial instructions allows to be enrolled at more than one school; and (c) the youth is enrolled in accordance with the Ministerial instructions. Subdivision 3 - Attendance of youths at approved learning programs 33. Attendance at approved learning program (1) A youth must attend his or her approved learning program as required by that program unless he or she is exempted or excused from attending under this Division. (2) A parent of a youth must ensure that the youth attends an approved learning program as required by that program unless the youth is exempted or excused from attending under this Division or the parent has a reasonable excuse. Penalty: Fine not exceeding – (a) 10 penalty units for a first offence; and (b) 15 penalty units for a second or subsequent offence. (3) Without limiting subsection (2) , it is a reasonable excuse for a parent that – (a) the youth primarily resides with another parent and the first parent believes, on reasonable grounds, that the other parent is ensuring that the youth attends his or her approved learning program as required by that program; or (b) in all the circumstances, the parent is not reasonably able to ensure that the youth so attends his or her approved learning program. (4) A provider of the approved learning program of a youth, other than a principal of a school, must notify the Secretary of the non-attendance of the youth at the program unless the youth is exempted or excused from attending under this Division. Penalty: Fine not exceeding 20 penalty units. (5) If a youth is enrolled at a school under his or her approved learning program and fails to attend as required by the program, Division 5 applies in relation to the youth, with any necessary modification or adaptation. (6) For the purposes of this section, a youth may attend an approved learning program by using a form of electronic communication, within the meaning of the Electronic Transactions Act 2000 , if – (a) that form of electronic communication is allowed by the provider of the program; and (b) the provider has approved the youth's attendance at the program by using that form of electronic communication. 34. Part-time attendance at approved learning program (1) A parent of a youth or a youth may apply to the Minister to permit the youth to attend an approved learning program part-time. (2) An application is to be in writing and in accordance with the Ministerial instructions. (3) The Minister, at his or her own initiative or on the application of a parent or a youth, may permit part-time attendance at an approved learning program if satisfied that it is in the best interests of the youth to attend part-time. (4) The Minister may – (a) permit part-time attendance at an approved learning program subject to any condition; and (b) impose any further condition or vary or revoke any condition at any time. 35. Exemption from attendance at approved learning program without application (1) A youth is exempted from the requirement to attend an approved learning program if – (a) the youth is suspended or temporarily excluded from that program; or (b) the youth has been expelled from that program; or (c) the youth has been, or is a member of a class of youths that has been, exempted under section 26 from the requirement to participate in an approved learning program; or (d) the youth