Queensland Consolidated Acts

EDUCATION (GENERAL PROVISIONS) ACT 2006 - SECT 53

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.