Education Regulation 2005

This regulation is the Education Regulation 2005.

A note included in this regulation is explanatory and is not part of this regulation.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

The dictionary at the end of this regulation is part of this regulation.

Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation.

For example, the signpost definition ‘parental responsibility—see the Children and Young People Act 2008, section 15.’ means that the term ‘parental responsibility’ is defined in that section and the definition applies to this regulation.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

Part 1A Compulsory education

The following circumstances are prescribed:

illness or medical issues, including physical or psychological;

recovery from a circumstance mentioned in paragraph (a);

attending a medical appointment (including an appointment with a health practitioner in relation to the student’s mental health) where an out of hours appointment is not possible or appropriate;

accessing support or assistance in relation to domestic or family violence;

bereavement or attending the funeral of a relative or friend of the student;

religious or cultural observation;

family holidays that do not adversely affect the student’s ability to meet the requirements of their educational course;

attending a legal proceeding or meeting associated with a proceeding;

participation in any of the following events (whether or not directly arranged by the school), if approved by the principal:

debates;

sporting events;

musical or theatrical productions;

academic events;

any other circumstance that the principal is satisfied is reasonable to excuse a child’s attendance at the child’s school or an activity of the school.

The following information is prescribed for the Act, section 10AA (2) (a):

the name of the school;

the name of the student;

the day the student was enrolled at the school;

if the student was previously—

enrolled at another education provider—the name of the education provider (if known); or

registered for home education—whether the student was registered for home education in the ACT or another State (if known);

Note State includes the Northern Territory (see Legislation Act, dict).

the name and contact details of the student’s parents.

The following information is prescribed for the Act, section 10AA (2) (b):

the name of the school;

the name of the student;

the day the enrolment ended;

the reason the enrolment ended;

if the student is, or is to be, enrolled at another education provider—the name of the new education provider (if known);

if the student is, or is to be, registered for home education—whether the registration is in the ACT or another State (if known);

if the student is not to be enrolled at another education provider, and is not to be registered for home education—the proposed arrangements for the student’s education after the enrolment ends (if known);

the name and contact details of the student’s parents.

The following information is prescribed for the Act, section 10AA (2) (c):

the name of the school;

the name of the student;

if the student has started distance education—

the day the student started; and

the campus providing the distance education;

if the student has stopped distance education—

the day the student stopped; and

the campus that the student will be attending in person;

the names and contact details of the student’s parents.

The following information is prescribed for the Act, section 10AA (3) (a):

the name of the student;

the day the student was registered for home education;

if the student was previously—

enrolled at an education provider—the name of the education provider (if known); or

registered for home education in another State—the State where the student was registered for home education (if known);

the name and contact details of the student’s parents.

The following information is prescribed for the Act, section 10AA (3) (b):

the name of the student;

the day the registration ended;

the reason the registration ended;

Note Registration for home education ends if the registration is cancelled under the Act, s 135, or expires and is not renewed under the Act, s 137.

if the student is, or is to be, enrolled at an education provider—the name of the education provider (if known); or

if the student is, or is to be, registered for home education in another State—the State where the student is to be home educated (if known);

if the student is not to be enrolled at an education provider, and is not to be registered for home education in another State—the proposed arrangements for the student’s education after the registration ends (if known);

the name and contact details of the student’s parents.

The following information is prescribed for the Act, section 10AA (3) (c):

the name of the school;

the name of the student;

if the student has started distance education—

the day the student started; and

the campus providing the distance education;

if the student has stopped distance education—

the day the student stopped; and

the campus that the student will be attending in person;

the names and contact details of the student’s parents.

The following information is prescribed:

the name of the child;

the names and contact details of the child’s parents;

the following information about the child’s enrolment or registration ending:

the date the child’s enrolment or registration ended;

if the child was previously enrolled at an education provider—the name of the education provider;

if the child was previously registered for home education—

the State where the child was registered for home education; and

the reason the registration ended;

the following information about the child’s subsequent enrolment or registration for home education:

for a child subsequently registered for home education—

the date the child was registered for home education; and

the State where the child is registered for home education;

for a child subsequently enrolled at an education provider—

the name of the education provider; and

the State where the child is registered for home education.

Note State includes the Northern Territory (see Legislation Act, dict, pt 1).

Part 2 Government schools

A government school that provides residential boarding services must have policies for the provision of the residential boarding services that comply with AS 5725:2015 (Boarding Standard for Australian schools and residences) as in force from time to time.

Note AS 5725:2015 may be purchased at www.standards.org.au.

The school board of the schools mentioned in schedule 1 must include 2 members elected by the students at the school and appointed by the director‑general.

The director‑general must appoint the person nominated by the staff of a small school to be the staff member of the school board.

Part 3 Non‑government schools

The registration standards are set out in schedule 2.

The following information is prescribed:

the proposed name of the school (if known);

the applicant’s name and contact details;

the applicant’s ACN or ABN;

the name and contact details for the proposed principal of the school (if known);

any proposed educational courses, characteristics of the school, or objectives for the school that the applicant believes will assist the Minister’s consideration of the application.

The following information is prescribed:

the proposed name of the school (if known);

the applicant’s name and contact details;

the applicant’s ACN or ABN;

evidence showing that the applicant is registered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth);

evidence showing how the school proposes to comply with the registration standards;

if the applicant proposes that the school will provide distance education—evidence of the school’s distance education policy.