School Education Act 1999 (WA)

Western Australia School Education Act 1999 Western Australia School Education Act 1999 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Objects of Act 1 4. Terms used 1 5. Term used: pre‑compulsory education period 1 6. Term used: compulsory education period 1 8. Notes not part of Act 1 Part 2 — Education of children during compulsory education period Division 1 — Compulsory education with alternatives in final years of compulsory education Subdivision 1 — Enrolment of children of compulsory school age 9. When enrolment compulsory 1 10. Ways in which s. 9 satisfied 1 11AA. Proof of enrolment to be provided 1 11. Exemption from s. 9(1), Minister may grant etc. 1 Subdivision 1A — Alternatives to the operation of section 9 in final years of compulsory education 11A. Terms used 1 11B. Options other than school etc. in final 2 years 1 11C. Participation s. 11B option to be full‑time 1 11D. Arrangements under s. 11B, parent to notify Minister of etc. 1 11E. Child enrolled under s. 11B in combination of courses, application of s. 11D to 1 11F. Notice under s. 11D or 11E, duration and effect of 1 11G. Employment for s. 11B(1)(d), Minister's approval of required etc. 1 11H. Child employed with s. 11G approval, parent to notify Minister of etc. 1 11I. Child to participate in options notified under s. 11D, 11E or 11H 1 11J. Participation by child, what constitutes 1 11K. Notice etc. by parent under s. 11D, 11G and 11H, Minister's functions as to 1 11L. Independent child, designating child to be 1 11M. Minister's functions as to this Subdivision 1 11N. Regulations for this Subdivision 1 Subdivision 2 — Inquiries to check compliance with sections 9 and 11I 12. Authorised persons, authorisation of 1 13. Authorised person, powers of 1 14. Authorised person, certificate of authorisation for 1 15. Pretending to be authorised person, offence 1 Division 2 — Enrolment, all schools 16. Information required when applying to enrol 1 17. Change of s. 16 particulars, principal to be notified of 1 18. Child enrolment application by one parent, principal may act on 1 19. Enrolment register, principal's duties as to 1 20. Cancelling enrolment, principal's powers as to 1 21. Removing child from school register, when allowed 1 Division 3 — Attendance, all schools 22. Term used: school 1 23. Attendance requirements 1 24. Attendance at place outside school, arrangement for etc. 1 25. When student excused from attendance 1 26. Doubtful reasons given for child's non-attendance, principal may refer to Attendance Panel etc. 1 27. Non attendance of student may be required on public health grounds 1 28. Attendance records, principal's duties as to 1 29. Employing child during school hours, offence 1 Division 4 — Government schools, absence for special observance 30. Recognized religious or cultural period, child excused from attendance for 1 31. Days etc. to which s. 30 applies 1 Division 5 — Absentee students and non‑participating children Subdivision 1 — Preliminary 32. Terms used 1 Subdivision 2 — Attendance officers 33. Attendance officers, designation of 1 34. Attendance officer, certificate of designation for 1 35. Pretending to be attendance officer, offence 1 Subdivision 3 — Powers of attendance officers 36. Powers to detain and question and to enter public places 1 37. Obstructing etc. attendance officer, offence 1 Subdivision 4 — Dealing with non‑attendance and non‑participation and enforcing attendance and participation 38. Breach of s. 23, offence by parent and child 1 39. Attendance Panel, appointment and procedure of etc. 1 40. Persistent breach of s. 23, referral of case to Attendance Panel 1 41. Prosecution of s. 9 or 38 offence, commencement of if case referred to Attendance Panel 1 42. Prosecution of s. 9 or 38 offence, prerequisites to commencing 1 43. Proceedings for s. 9 or 38 offence, parent may be required to bring child to court 1 44. Evidentiary matters for s. 9 and 38 charges 1 45. Prosecution of s. 9 and 38 offences, who may conduct 1 Division 6 — Home education 46. Term used: home educator 1 47. Registration as child's home educator, application for 1 48. Registration of home educator, CEO's functions as to 1 49. Home educator to inform CEO of certain matters 1 50. Home education moderators, appointment of 1 51. Evaluation of child's educational programme and progress, when required etc. 1 52. CEO may notify home educator of concern and require evaluation 1 53. Cancelling s. 48 registration, CEO's functions as to 1 54. Review of s. 53 decision 1 Part 3 — Government schools Division 1 — Establishment, closure etc. 55. Establishing etc. school, Minister's powers as to 1 56. Closing, amalgamating etc. schools, Minister's powers as to 1 57. Consultation requirements before s. 56 power exercised 1 58. Permanent closure, procedure for 1 59. Permanent closure for safety or welfare reasons 1 60. Local‑intake schools, declaration of etc. 1 Division 2 — Functions of chief executive officer, principals and teachers 61. CEO's functions 1 62. Principals, appointment of 1 63. Principal's functions 1 64. Teacher's functions 1 65. Assigned function etc. not to be inconsistent with industrial arrangements 1 Division 3 — Educational instruction 66. Terms used 1 67. Curriculum, determination of 1 68. Curriculum not to promote certain matters 1 69. Special religious education, provision of 1 70. Prayers etc., principal to consult school Council about 1 71. Special religious instruction etc., parent may withdraw child from 1 72. Conscientious objection to subject, principal may exempt child from classes on 1 73. Child with disability, educational programme for 1 74A. Child in early education period, educational programme for 1 Division 4 — Enrolment 74. Application for enrolment of child 1 75. Enrolment of child, principal's duties as to 1 76. General residential qualification for child to be enrolled 1 77. Child below compulsory school age, when entitled to be enrolled 1 78. Child of compulsory school age, when entitled to be enrolled at local‑intake school 1 79. Child of compulsory school age, when entitled to be enrolled at non local-intake school 1 81. Enrolment of person after compulsory education period 1 82. Resolving question under s. 76, 77, 78 or 79 1 83. Inappropriate enrolment, CEO's powers to cancel 1 84. Decision under s. 82 or 83 as to educational programme, CEO to consider certain matters for 1 85. CEO may ask advisory panel for advice for s. 82 or 83 decision 1 86. Child with disability, decision under s. 82 or 83 as to educational programme for 1 87. Disabilities Advisory Panel, appointment of etc. 1 Division 5 — Suspension and exclusion Subdivision 1 — Preliminary 88. Terms used 1 Subdivision 2 — Suspension and exclusion for breach of school discipline or disruptive behaviour 89. Term used: breach of school discipline 1 90. Breach of school discipline, suspension for 1 91. Grounds for excluding student from school attendance 1 92. Procedure for excluding student from school attendance 1 93. School Discipline Advisory Panel, appointment of etc. 1 94. Excluding student etc., orders as to that CEO may make 1 95. Principal's power to exclude from school attendance student enrolled after compulsory education period 1 96. Decision under s. 95, review of 1 96A. Subdivision 3 not limited by this Subdivision 1 Subdivision 3 — Suspension and exclusion of student charged with or convicted of sexual offence 96B. Terms used 1 96C. References to conviction 1 96D. Suspension of student 1 96E. Grounds for excluding student from school attendance 1 96F. Procedure for excluding student from school attendance 1 96G. Orders that CEO may make 1 96H. CEO must give notice of order 1 96I. CEO must consider whether to revoke or amend order in certain circumstances 1 Division 6 — Financial provisions Subdivision 1 — Fees for instruction, charges, contributions and costs 97. Terms used 1 98. Fees for instruction and charges, limits on imposing 1 99. Charges etc. for materials, services and facilities, determining etc. 1 100. Extra cost optional component of educational programme, determining cost for etc. 1 101. Optional components that are not extra cost optional components to be available to certain students 1 102. Charges etc. to be paid to principal 1 103. Overseas and adult students to pay fees for instruction 1 104. Reduction etc. of fees etc., regulations about 1 105. Students (other than overseas and adult students) cannot be excluded for non‑payment of charges 1 106. Recovering fees etc. 1 107. Agreements to pay costs not affected 1 108. Items to be supplied by student for personal use in educational programme, determining etc. 1 Subdivision 2 — School funds 109. General Purposes Fund, each school has 1 110. Funds for donations etc., establishing 1 111. Management of school funds 1 112. Money to be credited to General Purposes Fund etc. 1 113. Bank account for school funds 1 114. Financial Management Act 2006 s. 8 and 34, application of to s. 109 to 113 1 115. Investment of school funds 1 116. Closure etc. of school, how school funds to be dealt with in case of 1 Division 7 — Other management provisions 117. School year for government schools, how determined 1 118. Disputes and complaints, regulations for dealing with 1 119. School premises, regulations for management etc. of 1 120. Non-student disrupting school etc., powers to deal with 1 121. Certain information not to be disseminated on school premises 1 122. Parent on s. 19 register, principal etc. may deal with exclusively 1 123. General management of schools, regulations for 1 Division 8 — Parent and community involvement Subdivision 1 — School Councils 124. Terms used 1 125. Each government school to have Council for school 1 126. Exemptions from and approvals for s. 125 1 127. Council, members of etc. 1 128. Council, functions of 1 129. Additional functions of Council, Minister may approve 1 130. Additional functions of incorporated Council, Minister may approve 1 131. Property acquired by incorporated Council vests in Minister 1 132. Council cannot intervene in certain matters 1 133. Powers of Council 1 134. Support services for Council, principal to provide 1 135. Minister may direct Council 1 136. Procedures of Council 1 137. Protection from personal liability 1 138. Minister may dismiss unincorporated Council 1 139. Incorporated Council, winding up 1 140. Regulations about Councils 1 Subdivision 2 — Parents and Citizens' Associations 141. Terms used 1 142. Forming association 1 143. Objects of and limits on associations 1 144. Property acquired by association vests in Minister 1 145. Association formed after 1 Jan 2001, incorporation of 1 146. Transitional provisions for association existing at 1 Jan 2001 1 147. Association to give certain information to principal 1 148. Winding up association 1 149. Other associations, forming etc. 1 Part 4 — Non‑government schools Division 1 — Preliminary 150. Terms used 1 151. Term used: chief executive officer 1 152. Delegation by chief executive officer 1 153. Minister may direct chief executive officer 1 Division 2 — Offences 154. Establishing or conducting an unregistered school 1 155. Making false representations 1 156A. Schools to be conducted in accordance with registered information 1 156B. Notice to be given to CEO about changes to governing bodies of schools 1 156C. Minister or CEO may require information about registered schools 1 Division 3A — School planning proposals require an advance determination 156. What is a school planning proposal 1 157A. Application for advance determination 1 157B. Minister may make advance determination 1 157C. Policy direction for advance determinations 1 157. Notice to be given about decisions on advance determinations 1 Division 3B — Registration of non‑government schools Subdivision 1 — Applications and requirements 158A. When advance determination required before making application under this Division 1 158. Application for registration 1 159A. Application for renewal of registration 1 159B. Application for registration change 1 159. Standards for non‑government schools 1 160. Determining applications for registration and renewal of registration 1 161A. Determining applications for registration change 1 161B. Notice to be given about decisions under this Subdivision 1 Subdivision 2 — Register and certificates of registration 161. Register of non‑government schools to be kept 1 162. Certificate of registration 1 163A. Surrender of certificate of registration 1 163. Period of registration 1 Subdivision 3 — Notices, conditions, directions and cancellations 164. Continuing suitability of governing body 1 165A. Quality improvement notices 1 165. Conditions of registration 1 166. Directions to comply 1 167A. No new enrolments while a direction is outstanding 1 167. Cancelling registration 1 Division 3C — Review of decisions under Divisions 3A and 3B 168. Review of certain decisions 1 Division 3 — Non‑government school systems Subdivision 1 — Recognition of systems 169. Recognized school system, declaration of 1 170. Revoking s. 169 order 1 171. School system may accept certain schools as members of system 1 172. School in school system may withdraw from system 1 Subdivision 2 — System agreements 173. System agreement, Minister may make etc. 1 174. Content of system agreement 1 175. Termination of system agreement 1 Division 4 — Inspection of registered schools 176. Inspection of registered school after notice given 1 177. Inspection of registered school with no notice 1 178. Inspector under s. 176 or 177 to produce certificate of authority 1 179. Obstructing inspector, offence 1 Division 5 — Funding 182. Money appropriated for registered schools, allocation of 1 183. Purposes etc. for which allocations will be made, orders as to etc. 1 184. Contents of s. 183 orders 1 185. Minister may require school to account for allocated moneys 1 Division 6 — Loans for capital works 186. Minister's powers to lend moneys 1 187. Minister may borrow moneys to make s. 186 loan 1 188. Operating account for s. 186 and 187 moneys 1 189. Treasurer's guarantee for moneys borrowed under s. 187 1 190. Payments under s. 189 guarantee 1 Part 5 — Community kindergartens Division 1 — Preliminary 191. Term used: governing body 1 Division 2 — Registration of community kindergartens 192. Registration, general provisions as to 1 193. Application for registration 1 194. Matters to be considered by Minister 1 195. Grant or refusal of registration 1 196. Minister to notify decision within 3 months 1 197. Certificate of registration; register of registered kindergartens 1 198. Amending etc. conditions of registration 1 199. Who can attend registered kindergarten 1 200. Cancelling registration, Ministers' functions as to 1 201. Decision as to registration, review of 1 Division 3 — Operation and management of community kindergartens 202. Minister may direct registered kindergarten as to standards 1 203. Governing body of kindergarten, role of 1 204. Teaching staff etc., appointment of 1 205. Teaching staff, functions of 1 206. Curriculum and enrolment 1 207. Fee for instruction and charges 1 209. Person disrupting kindergarten etc.; disseminating information on kindergarten premises 1 210. Moneys appropriated for kindergartens, allocation of 1 211. Minister may require kindergarten to account for allocated moneys 1 212. Regulations about kindergartens 1 Part 6A — Student residential colleges Division 1 — Preliminary 213A. Terms used 1 Division 2 — Establishment of student residential colleges 213B. Establishing student residential colleges 1 213C. Closing or amalgamating student residential colleges 1 Division 3 — Administration of student residential colleges Subdivision 1 — Operation and management 213D. Operation and management of student residential colleges 1 213E. Powers of Minister relating to student residential colleges 1 213F. Treasurer to consider proposals under s. 213E(2)(c) 1 213G. When money paid for advertising or sponsorship to be paid to student residential college's General Purposes Fund 1 213H. Sections 120 and 121 have effect in respect of student residential colleges 1 Subdivision 2 — Regulations and code of conduct 213I. Regulations about student residential colleges 1 213J. Code of conduct for students 1 Subdivision 3 — Power of Minister to grant licences 213K. Licences by Minister for use of tangible property relating to student residential colleges 1 213L. When money paid under licence to be paid to a General Purposes Fund 1 Division 4 — LINC committees 213M. LINC committees 1 213N. Membership of LINC committees 1 213O. Functions of LINC committees 1 213P. Regulations about LINC committees 1 Division 5 — Financial provisions Subdivision 1 — Fund for each student residential college 213Q. General Purposes Fund for each student residential college 1 213R. Funds for other moneys received for a student residential college 1 213S. Management of college funds 1 213T. Money to be credited to college funds 1 213U. Bank account for college funds 1 213V. Financial Management Act 2006 s. 8 and 34, application of to s. 213Q to 213U 1 213W. Investment of college funds 1 213X. Dealing with college funds on closure or amalgamation of a college 1 Subdivision 2 — Student Residential Colleges Fund 213Y. Student Residential Colleges Fund 1 213ZA. Minister's power to borrow money 1 Part 6 — Administration Division 1 — The Minister 213. Terms used 1 214. "Minister for Education" is body corporate etc. 1 215. Property vested in Minister 1 216. Powers of Minister 1 217. Treasurer to consider proposals under s. 216(2)(c) 1 218. Licences by Minister for use of tangible property, other than property relating to student residential colleges 1 220. When money paid under licence to be paid to school's General Purposes Fund 1 221. When money paid for advertising or sponsorship to be paid to school's General Purposes Fund 1 222. Exempting school from Act, Minister's powers as to 1 223. Decision as to individual student, review of by Minister 1 224. Delegation by Minister 1 225. Subdelegation by CEO, Minister may permit 1 226. Documents presumed duly executed 1 227. Application of Financial Management Act 2006 1 Division 2 — The department 228. Department to assist in administration of Act, other than in relation to non-government schools and students attending non-government schools 1 229. Term used: chief executive officer 1 230. Delegation by chief executive officer 1 231. Minister may direct chief executive officer 1 232. Chief executive officer may direct principal 1 233. CEO's Instructions, issue of etc. 1 Division 3 — Staff employed in the department 234. Terms used 1 235. Categories of staff to be employed 1 236. Engaging etc. teaching staff, other officers and wages staff 1 237. Teaching staff, classes of 1 238. Transfer etc. of teacher to another category of employee 1 239. Teaching staff and other officers, substandard performance by and discipline of 1 240. Employee may be ordered to leave school premises 1 Division 4 — Advisory panels 241. Advisory panels, establishing etc. 1 Part 7 — Miscellaneous 242. Disclosure of official information restricted 1 243. Prosecutions and s. 109 recovery action, who may commence; evidentiary matters 1 244. Regulations 1 245. Review of Act 1 246. Repeal, savings and transitional 1 Schedule 1 — Transitional provisions Division 1 — Transitional provisions for the commencement of this Act 1. Terms used 1 2. Interpretation Act 1984 not affected 1 3. Property vested in Minister at 1 Jan 2001 1 4. Delegation in force at 1 Jan 2001 under repealed Act s. 6AA 1 5. Agreement or licence in force at 1 Jan 2001 under repealed Act s. 6A 1 6. Licence in force at 1 Jan 2001 under repealed Act s. 6B 1 7. Staff appointed etc. as at 1 Jan 2001 under repealed Act s. 7(2) 1 8. Inquiry incomplete at 1 Jan 2001 under repealed Act s. 7C 1 9. Enrolment in effect at 1 Jan 2001 1 10. Government school in existence at 1 Jan 2001 under repealed Act s. 9 1 11. Efficient school registered at 1 Jan 2001 under repealed Act s. 32B 1 12. Certain pre‑school centres at 1 Jan 2001 continued as registered schools 1 13. Certain care‑centres and pre‑school centres as at 1 Jan 2001 continued 1 15. Notices etc. in force at 1 Jan 2001 under repealed Act s. 9A 1 16. Approved account as at 1 Jan 2001 under repealed Act s. 9B 1 17. Decision as to home education in force at 1 Jan 2001 under repealed Act s. 14(a) 1 18. Direction in force at 1 Jan 2001 under repealed Act s. 20A 1 19. Student suspended or excluded as at 1 Jan 2001 1 20. School decision‑making group in being at 1 Jan 2001 under repealed Act Part VA 1 21. Parents and Citizens' Association in being at 1 Jan 2001 under repealed Act Part VI 1 22. Repeal of Industrial Relations Act 1979 s. 23B, transitional 1 23. Transitional regulations 1 Division 2 — Transitional provisions for the Education and Care Services National Law (WA) Act 2012 24. Term used: commencement 1 25. Registration extended for a period of time 1 Division 3 — Transitional provisions for the School Education Amendment Act 2014 26. Terms used 1 27. Interpretation Act 1984 not affected 1 28. Pending applications and reviews of certain decisions 1 29. Application for imminent renewal of registration 1 30. Advance determinations under former provisions continue 1 31. Directions in force before commencement 1 32. Transitional regulations 1 Division 4 — Transitional provisions for the School Boarding Facilities Legislation Amendment and Repeal Act 2016 33. Terms used 1 34. Hostels 1 35. Hostel land 1 36. Former Authority abolished 1 37. Staff members of former Authority 1 38. Transfer of assets, liabilities, proceedings, remedies and immunities 1 39. Completion of things commenced 1 40. Continuing effect of things done 1 41. Exemption from State tax 1 42. Agreements, instruments and documents 1 43. Registration of documents 1 44. Saving 1 45. Transitional regulations 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia School Education Act 1999 An Act to make provision — • for education in school or by home education with education, training and employment alternatives at the senior secondary level; and • for the establishment and operation of government schools and for parent and community involvement in school affairs; and • for the registration of non‑government schools and the funding of such schools; and • for the registration of community kindergartens; and • for the establishment and administration of student residential colleges; and • for the use of property that is vested in the Minister; and to repeal the Education Act 1928 and consequentially amend certain other Acts 1, and to make related provisions. [Long title amended: No. 22 of 2005 s. 14; No. 28 of 2014 s. 22; No 41 of 2016 s. 6.] Part 1 — Preliminary What this Part is about This Part provides for some matters that are relevant to the Act generally. In particular it deals with — * the commencement of the Act on a day, or of different provisions on different days, fixed by proclamation (section 2); * the objects of the Act (section 3); * the definition of terms used in the Act (section 4) (but where a definition only applies to a particular Part, Division, Subdivision, Schedule or section, it is placed in that Part, Division, Subdivision, Schedule or section); * the meanings of some terms used in the Act which, because of their length, are better placed in separate sections (sections 5, 6 and 7); * the status of notes in the Act (section 8). 1. Short title This Act may be cited as the School Education Act 1999. 2. Commencement The provisions of this Act come into operation on such day as is, or days as are respectively, fixed by proclamation. 3. Objects of Act (1) The objects of this Act include the following — (a) to recognize the right of every child in the State to receive a school education during the child's compulsory education period; and (b) to allow that education to be given in a government school, a non‑government school or at home; and (c) to provide for government schools that meet the educational needs of all children; and (ca) to provide for education, training and employment alternatives at the senior secondary level; and (d) to acknowledge the importance of the involvement and participation of a child's parents in the child's education; and (e) to provide for student residential colleges that offer residential accommodation for students to attend, and participate in an educational programme of, a school. (2) Any person who has a function under this Act is to seek to ensure that the objects stated in subsection (1) are achieved. [Section 3 amended: No. 22 of 2005 s. 15; No. 41 of 2016 s. 7; No. 14 of 2019 s. 14.] 4. Terms used In this Act, unless the contrary intention appears — apprentice means an apprentice under a training contract registered under the Vocational Education and Training Act 1996 Part 7 Division 2; chief executive officer — (a) in Part 4, has the meaning given by section 151; and (b) otherwise has the meaning given by section 229; child means a person who has not reached the age of 18; child of compulsory school age means a child who under section 9(1) is required to be enrolled in an educational programme and includes a child to whom section 10(2) applies; compulsory education period has the meaning given by section 6; Council, in relation to a government school, means the Council established under section 125 for the school; department— (a) in Part 4, means the department of the Public Service principally assisting the Minister in the administration of that Part; and (b) otherwise has the meaning given by section 228; disability means a condition — (a) which is attributable to an intellectual, psychiatric, cognitive, neurological, sensory or physical impairment or a combination of those impairments; and (b) which is permanent or likely to be permanent; and (c) which may or may not be of a chronic or episodic nature; and (d) which results in — (i) a substantially reduced capacity of a person for communication, social interaction, learning or mobility; and (ii) the need for continuing support services; early education period for a child means the period before the child's pre‑compulsory education period; educational programme means an organized set of learning activities designed to enable a student, or a child enrolled at a community kindergarten, to develop knowledge, understanding, skills and attitudes relevant to the student's or child's individual needs; final years of compulsory education for a child means the final 2 years of the compulsory education period for the child; General Purposes Fund, in relation to a school, means the fund referred to in section 109; government school means a school established under section 55; intake area for a government school means the area defined under section 60(1)(b) for that school; local‑intake school means a school to which a declaration under section 60(1) applies; non‑government school means a school registered under section 160; parent, in relation to a child, means a person who at law has responsibility — (a) for the long‑term care, welfare and development of the child; or (b) for the day to day care, welfare and development of the child, except in sections 9(2), 10(1)(b), 25, 27, 38(1) and Division 6 of Part 2 where it has only the meaning given by paragraph (b); pre‑compulsory education period has the meaning given by section 5; principal — (a) in relation to a non‑government school, means the person who is in charge of the school; and (b) in relation to a government school, has the meaning given by section 62; regulations means regulations under section 244; school means a government school or a non‑government school; school fund means the General Purposes Fund and a fund referred to in section 110; school year, in relation to a government school, means the school year determined by order under section 117; student means a person who is enrolled at a school; student residential college has the meaning given in section 213A; teacher, in relation to a government school, means a member of the teaching staff; teaching staff means persons appointed as such under section 236(2). [Section 4 amended: No. 22 of 2005 s. 5 and 16; No. 44 of 2008 s. 61(2); No. 11 of 2012 s. 37; No. 46 of 2012 s. 4; No. 41 of 2016 s. 8.] 5. Term used: pre‑compulsory education period The pre‑compulsory education period for a child is as follows — (a) until 31 December 2012 — (i) from the beginning of the year in which the child reaches the age of 4 years and 6 months; and (ii) until the end of the year in which the child reaches the age of 5 years and 6 months; (b) from 1 January 2013 — (i) from the beginning of the year in which the child reaches the age of 4 years and 6 months; and (ii) until the end of that year. [Section 5 inserted: No. 46 of 2012 s. 5.] 6. Term used: compulsory education period (1) The compulsory education period for a child is as follows — (a) until 31 December 2012 — (i) from the beginning of the year in which the child reaches the age of 6 years and 6 months; and (ii) until the end of the year in which the child reaches the age of 17; (b) from 1 January 2013 until 31 December 2013 — (i) from the beginning of the year in which the child reaches the age of 5 years and 6 months; and (ii) until the end of the year in which the child reaches the age of 17; (c) from 1 January 2014 — (i) from the beginning of the year in which the child reaches the age of 5 years and 6 months; and (ii) until — (I) the end of the year in which the child reaches the age of 17 years and 6 months; or (II) the child reaches the age of 18, whichever happens first. (2) If a child satisfies the minimum requirements for graduation from secondary school established under the School Curriculum and Standards Authority Act 1997 before the end of the compulsory education period under subsection (1), this Act applies in respect of the child as if the compulsory education period for the child ended when the requirements were satisfied. [Section 6 inserted: No. 46 of 2012 s. 5.] [7. Deleted: No. 22 of 2005 s. 6.] 8. Notes not part of Act Notes in this Act are provided to assist understanding and do not form part of the Act. Part 2 — Education of children during compulsory education period [Heading inserted: No. 41 of 2016 s. 9.] What this Part is about This Part deals with — * the compulsory enrolment of all children in an educational programme (Division 1); * procedures for the enrolment of children at a government or non‑government school (Division 2); * attendance requirements for students enrolled at a government or a non‑government school (Division 3); * the absence of students from government schools for a religious or cultural observance (Division 4); * absenteeism in relation to both government and non‑government schools (Division 5); * the provision of education by parents to their children in the home (Division 6). Division 1 — Compulsory education with alternatives in final years of compulsory education [Heading inserted: No. 46 of 2012 s. 6.] Subdivision 1 — Enrolment of children of compulsory school age 9. When enrolment compulsory (1) A child is to be enrolled in an educational programme for each year of the compulsory education period for that child. (1a) Subsection (1) has effect subject to sections 11F(2) and 11H(5) and (6). Note for this subsection: The effect of the provisions mentioned in subsection (1a) is that if a child in either of the final years of compulsory education is, in accordance with Subdivision 1A, participating in an option or in options under that Subdivision and the required notice has been given and remains in force, the child does not have to be enrolled or to be provided with home education under section 9. (2) A parent of a child must ensure that subsection (1) is complied with. Penalty: a fine of $2 500. (3) A prosecution for an offence against subsection (2) is not to be commenced against a parent unless the chief executive officer has given a certificate to the effect that reasonably practicable steps have been taken to secure compliance with subsection (1) by the parent. (4) Where in any proceedings a document is produced purporting to be a certificate given under subsection (3) the court is to presume, unless the contrary is shown, that the document is such a certificate. [Section 9 amended: No. 84 of 2004 s. 80; No. 22 of 2005 s. 18; No. 28 of 2014 s. 23 and 35.] 10. Ways in which s. 9 satisfied (1) The duty imposed by section 9 is satisfied in respect of a child by — (a) the enrolment of