SCHOOL EDUCATION ACT 1999

Western Australian Current Acts

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SCHOOL EDUCATION ACT 1999

TABLE OF PROVISIONS

Long Title

PART 1 -- Preliminary

1. Short title
2. Commencement
3. Objects of Act
4. Terms used
5. Term used: pre-compulsory education period
6. Term used: compulsory education period
8. Notes not part of Act

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
10. Ways in which s. 9 satisfied
11AA. Proof of enrolment to be provided
11. Exemption from s. 9(1), Minister may grant etc.

Subdivision 1A -- Alternatives to the operation of section 9 in final years of compulsory education

11A. Terms used
11B. Options other than school etc. in final 2 years
11C. Participation s. 11B option to be full-time
11D. Arrangements under s. 11B, parent to notify Minister of etc.
11E. Child enrolled under s. 11B in combination of courses, application of s. 11D to
11F. Notice under s. 11D or 11E, duration and effect of
11G. Employment for s. 11B(1)(d), Minister’s approval of required etc.
11H. Child employed with s. 11G approval, parent to notify Minister of etc.
11I. Child to participate in options notified under s. 11D, 11E or 11H
11J. Participation by child, what constitutes
11K. Notice etc. by parent under s. 11D, 11G and 11H, Minister’s functions as to
11L. Independent child, designating child to be
11M. Minister’s functions as to this Subdivision
11N. Regulations for this Subdivision

Subdivision 2 -- Inquiries to check compliance with sections 9 and 11I
12. Authorised persons, authorisation of

13. Authorised person, powers of
14. Authorised person, certificate of authorisation for
15. Pretending to be authorised person, offence

Division 2 -- Enrolment, all schools

16. Information required when applying to enrol
17. Change of s. 16 particulars, principal to be notified of
18. Child enrolment application by one parent, principal may act on
19. Enrolment register, principal’s duties as to
20. Cancelling enrolment, principal’s powers as to
21. Removing child from school register, when allowed

Division 3 -- Attendance, all schools

22. Term used: school
23. Attendance requirements
24. Attendance at place outside school, arrangement for etc.
25. When student excused from attendance
26. Doubtful reasons given for child’s non-attendance, principal may refer to Attendance Panel etc.
27. Non attendance of student may be required on public health grounds
28. Attendance records, principal’s duties as to
29. Employing child during school hours, offence

Division 4 -- Government schools, absence for special observance

30. Recognized religious or cultural period, child excused from attendance for
31. Days etc. to which s. 30 applies

Division 5 -- Absentee students and non-participating children

Subdivision 1 -- Preliminary

32. Terms used

Subdivision 2 -- Attendance officers

33. Attendance officers, designation of
34. Attendance officer, certificate of designation for
35. Pretending to be attendance officer, offence

Subdivision 3 -- Powers of attendance officers

36. Powers to detain and question and to enter public places
37. Obstructing etc. attendance officer, offence

Subdivision 4 -- Dealing with non-attendance and non-participation and enforcing attendance and participation

38. Breach of s. 23, offence by parent and child
39. Attendance Panel, appointment and procedure of etc.
40. Persistent breach of s. 23, referral of case to Attendance Panel
41. Prosecution of s. 9 or 38 offence, commencement of if case referred to Attendance Panel
42. Prosecution of s. 9 or 38 offence, prerequisites to commencing
43. Proceedings for s. 9 or 38 offence, parent may be required to bring child to court
44. Evidentiary matters for s. 9 and 38 charges
45. Prosecution of s. 9 and 38 offences, who may conduct

Division 6 -- Home education

46. Term used: home educator
47. Registration as child’s home educator, application for
48. Registration of home educator, CEO’s functions as to
49. Home educator to inform CEO of certain matters
50. Home education moderators, appointment of
51. Evaluation of child’s educational programme and progress, when required etc.
52. CEO may notify home educator of concern and require evaluation
53. Cancelling s. 48 registration, CEO’s functions as to
54. Review of s. 53 decision

PART 3 -- Government schools

Division 1 -- Establishment, closure etc.

55. Establishing etc. school, Minister’s powers as to
56. Closing, amalgamating etc. schools, Minister’s powers as to
57. Consultation requirements before s. 56 power exercised
58. Permanent closure, procedure for
59. Permanent closure for safety or welfare reasons
60. Local-intake schools, declaration of etc.

Division 2 -- Functions of chief executive officer, principals and teachers

61. CEO’s functions
62. Principals, appointment of
63. Principal’s functions
64. Teacher’s functions
65. Assigned function etc. not to be inconsistent with industrial arrangements

Division 3 -- Educational instruction

66. Terms used
67. Curriculum, determination of
68. Curriculum not to promote certain matters
69. Special religious education, provision of
70. Prayers etc., principal to consult school Council about
71. Special religious instruction etc., parent may withdraw child from
72. Conscientious objection to subject, principal may exempt child from classes on
73. Child with disability, educational programme for
74A. Child in early education period, educational programme for

Division 4 -- Enrolment

74. Application for enrolment of child
75. Enrolment of child, principal’s duties as to
76. General residential qualification for child to be enrolled
77. Child below compulsory school age, when entitled to be enrolled
78. Child of compulsory school age, when entitled to be enrolled at local-intake school
79. Child of compulsory school age, when entitled to be enrolled at non local-intake school
81. Enrolment of person after compulsory education period
82. Resolving question under s. 76, 77, 78 or
83. Inappropriate enrolment, CEO’s powers to cancel
84. Decision under s. 82 or 83 as to educational programme, CEO to consider certain matters for
85. CEO may ask advisory panel for advice for s. 82 or 83 decision
86. Child with disability, decision under s. 82 or 83 as to educational programme for
87. Disabilities Advisory Panel, appointment of etc.

Division 5 -- Suspension and exclusion

Subdivision 1 -- Preliminary

88. Terms used

Subdivision 2 -- Suspension and exclusion for breach of school discipline or disruptive behaviour

89. Term used: breach of school discipline
90. Breach of school discipline, suspension for
91. Grounds for excluding student from school attendance
92. Procedure for excluding student from school attendance
93. School Discipline Advisory Panel, appointment of etc.
94. Excluding student etc., orders as to that CEO may make
95. Principal’s power to exclude from school attendance student enrolled after compulsory education period
96. Decision under s. 95, review of
96A. Subdivision 3 not limited by this Subdivision

Subdivision 3 -- Suspension and exclusion of student charged with or convicted of sexual offence

96B. Terms used
96C. References to conviction
96D. Suspension of student
96E. Grounds for excluding student from school attendance
96F. Procedure for excluding student from school attendance
96G. Orders that CEO may make
96H. CEO must give notice of order
96I. CEO must consider whether to revoke or amend order in certain circumstances

Division 6 -- Financial provisions

Subdivision 1 -- Fees for instruction, charges, contributions and costs

97. Terms used
98. Fees for instruction and charges, limits on imposing
99. Charges etc. for materials, services and facilities, determining etc.
100. Extra cost optional component of educational programme, determining cost for etc.
101. Optional components that are not extra cost optional components to be available to certain students
102. Charges etc. to be paid to principal
103. Overseas and adult students to pay fees for instruction
104. Reduction etc. of fees etc., regulations about
105. Students (other than overseas and adult students) cannot be excluded for non-payment of charges
106. Recovering fees etc.
107. Agreements to pay costs not affected
108. Items to be supplied by student for personal use in educational programme, determining etc.

Subdivision 2 -- School funds

109. General Purposes Fund, each school has
110. Funds for donations etc., establishing
111. Management of school funds
112. Money to be credited to General Purposes Fund etc.
113. Bank account for school funds
114. Financial Management Act 2006 s. 8 and 34, application of to s. 109 to
115. Investment of school funds
116. Closure etc. of school, how school funds to be dealt with in case of

Division 7 -- Other management provisions

117. School year for government schools, how determined
118. Disputes and complaints, regulations for dealing with
119. School premises, regulations for management etc. of
120. Non-student disrupting school etc., powers to deal with
121. Certain information not to be disseminated on school premises
122. Parent on s. 19 register, principal etc. may deal with exclusively
123. General management of schools, regulations for

Division 8 -- Parent and community involvement

Subdivision 1 -- School Councils

124. Terms used
125. Each government school to have Council for school
126. Exemptions from and approvals for s.
127. Council, members of etc.
128. Council, functions of
129. Additional functions of Council, Minister may approve
130. Additional functions of incorporated Council, Minister may approve
131. Property acquired by incorporated Council vests in Minister
132. Council cannot intervene in certain matters
133. Powers of Council
134. Support services for Council, principal to provide
135. Minister may direct Council
136. Procedures of Council
137. Protection from personal liability
138. Minister may dismiss unincorporated Council
139. Incorporated Council, winding up
140. Regulations about Councils

Subdivision 2 -- Parents and Citizens’ Associations

141. Terms used
142. Forming association
143. Objects of and limits on associations
144. Property acquired by association vests in Minister
145. Association formed after 1 Jan 2001, incorporation of
146. Transitional provisions for association existing at 1 Jan 2001
147. Association to give certain information to principal
148. Winding up association
149. Other associations, forming etc.

PART 4 -- Non-government schools

Division 1 -- Preliminary

150. Terms used
151. Term used: chief executive officer
152. Delegation by chief executive officer
153. Minister may direct chief executive officer

Division 2 -- Offences

154. Establishing or conducting an unregistered school
155. Making false representations
156A. Schools to be conducted in accordance with registered information
156B. Notice to be given to CEO about changes to governing bodies of schools
156C. Minister or CEO may require information about registered schools

Division 3A -- School planning proposals require an advance determination

156. What is a school planning proposal
157A. Application for advance determination
157B. Minister may make advance determination
157C. Policy direction for advance determinations
157. Notice to be given about decisions on advance determinations

Division 3B -- Registration of non-government schools

Subdivision 1 -- Applications and requirements

158A. When advance determination required before making application under this Division
158. Application for registration
159A. Application for renewal of registration
159B. Application for registration change
159. Standards for non-government schools
160. Determining applications for registration and renewal of registration
161A. Determining applications for registration change
161B. Notice to be given about decisions under this Subdivision

Subdivision 2 -- Register and certificates of registration

161. Register of non-government schools to be kept
162. Certificate of registration
163A. Surrender of certificate of registration
163. Period of registration

Subdivision 3 -- Notices, conditions, directions and cancellations

164. Continuing suitability of governing body
165A. Quality improvement notices
165. Conditions of registration
166. Directions to comply
167A. No new enrolments while a direction is outstanding
167. Cancelling registration

Division 3C -- Review of decisions under Divisions 3A and 3B

168. Review of certain decisions

Division 3 -- Non-government school systems

Subdivision 1 -- Recognition of systems

169. Recognized school system, declaration of
170. Revoking s. 169 order
171. School system may accept certain schools as members of system
172. School in school system may withdraw from system

Subdivision 2 -- System agreements

173. System agreement, Minister may make etc.
174. Content of system agreement
175. Termination of system agreement

Division 4 -- Inspection of registered schools

176. Inspection of registered school after notice given
177. Inspection of registered school with no notice
178. Inspector under s. 176 or 177 to produce certificate of authority
179. Obstructing inspector, offence

Division 5 -- Funding

182. Money appropriated for registered schools, allocation of
183. Purposes etc. for which allocations will be made, orders as to etc.
184. Contents of s. 183 orders
185. Minister may require school to account for allocated moneys

Division 6 -- Loans for capital works

186. Minister’s powers to lend moneys
187. Minister may borrow moneys to make s. 186 loan
188. Operating account for s. 186 and 187 moneys
189. Treasurer’s guarantee for moneys borrowed under s.
190. Payments under s. 189 guarantee

PART 5 -- Community kindergartens

Division 1 -- Preliminary

191. Term used: governing body

Division 2 -- Registration of community kindergartens

192. Registration, general provisions as to
193. Application for registration
194. Matters to be considered by Minister
195. Grant or refusal of registration
196. Minister to notify decision within 3 months
197. Certificate of registration; register of registered kindergartens
198. Amending etc. conditions of registration
199. Who can attend registered kindergarten
200. Cancelling registration, Ministers’ functions as to
201. Decision as to registration, review of

Division 3 -- Operation and management of community kindergartens

202. Minister may direct registered kindergarten as to standards
203. Governing body of kindergarten, role of
204. Teaching staff etc., appointment of
205. Teaching staff, functions of
206. Curriculum and enrolment
207. Fee for instruction and charges
209. Person disrupting kindergarten etc.; disseminating information on kindergarten premises
210. Moneys appropriated for kindergartens, allocation of
211. Minister may require kindergarten to account for allocated moneys
212. Regulations about kindergartens

PART 6A -- Student residential colleges

Division 1 -- Preliminary

213A. Terms used

Division 2 -- Establishment of student residential colleges

213B. Establishing student residential colleges
213C. Closing or amalgamating student residential colleges

Division 3 -- Administration of student residential colleges

Subdivision 1 -- Operation and management

213D. Operation and management of student residential colleges
213E. Powers of Minister relating to student residential colleges
213F. Treasurer to consider proposals under s. 213E(2)(c)
213G. When money paid for advertising or sponsorship to be paid to student residential college’s General Purposes Fund
213H. Sections 120 and 121 have effect in respect of student residential colleges

Subdivision 2 -- Regulations and code of conduct

213I. Regulations about student residential colleges
213J. Code of conduct for students

Subdivision 3 -- Power of Minister to grant licences

213K. Licences by Minister for use of tangible property relating to student residential colleges
213L. When money paid under licence to be paid to a General Purposes Fund

Division 4 -- LINC committees

213M. LINC committees
213N. Membership of LINC committees
213O. Functions of LINC committees
213P. Regulations about LINC committees

Division 5 -- Financial provisions

Subdivision 1 -- Fund for each student residential college

213Q. General Purposes Fund for each student residential college
213R. Funds for other moneys received for a student residential college
213S. Management of college funds
213T. Money to be credited to college funds
213U. Bank account for college funds
213V. Financial Management Act 2006 s. 8 and 34, application of to s. 213Q to 213U
213W. Investment of college funds
213X. Dealing with college funds on closure or amalgamation of a college

Subdivision 2 -- Student Residential Colleges Fund

213Y. Student Residential Colleges Fund
213ZA. Minister’s power to borrow money

PART 6 -- Administration

Division 1 -- The Minister

213. Terms used
214. “Minister for Education” is body corporate etc.
215. Property vested in Minister
216. Powers of Minister
217. Treasurer to consider proposals under s. 216(2)(c)
218. Licences by Minister for use of tangible property, other than property relating to student residential colleges
220. When money paid under licence to be paid to school’s General Purposes Fund
221. When money paid for advertising or sponsorship to be paid to school’s General Purposes Fund
222. Exempting school from Act, Minister’s powers as to
223. Decision as to individual student, review of by Minister
224. Delegation by Minister
225. Subdelegation by CEO, Minister may permit
226. Documents presumed duly executed
227. Application of Financial Management Act 2006

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
229. Term used: chief executive officer
230. Delegation by chief executive officer
231. Minister may direct chief executive officer
232. Chief executive officer may direct principal
233. CEO’s Instructions, issue of etc.

Division 3 -- Staff employed in the department

234. Terms used
235. Categories of staff to be employed
236. Engaging etc. teaching staff, other officers and wages staff
237. Teaching staff, classes of
238. Transfer etc. of teacher to another category of employee
239. Teaching staff and other officers, substandard performance by and discipline of
240. Employee may be ordered to leave school premises

Division 4 -- Advisory panels

241. Advisory panels, establishing etc.

PART 7 -- Miscellaneous

242. Disclosure of official information restricted
243. Prosecutions and s. 109 recovery action, who may commence; evidentiary matters
244. Regulations
245. Review of Act
246. Repeal, savings and transitional
SCHEDULE 1 -- Transitional provisions

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