Education Regulation 2017

This Regulation is the Education Regulation 2017.

This Regulation commences on the day on which it is published on the NSW legislation website.

Note.

This Regulation repeals and replaces the Education Regulation 2012, which would otherwise be repealed on 1 September 2017 by section 10(2) of the Subordinate Legislation Act 1989.

In this Regulation—

Chairperson, for Schedule 1—see Schedule 1, clause 1.

charity, for Part 3—see clause 8A.

committee, for Schedule 1—see Schedule 1, clause 1.

facilities, for Part 3—see clause 8A.

member, for Schedule 1—see Schedule 1, clause 1.

the Act means the Education Act 1990.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

Notes included in this Regulation do not form part of this Regulation.

For the purposes of section 21B of the Act, a child has completed Year 10 of secondary education in this State (as referred to in section 21B(5)(a)) if—

the child has been awarded, or has received, a relevant certificate, or

the child has satisfied the relevant participation requirements for Year 10 or Year 10 of home schooling.

For the purposes of this clause, a relevant certificate means—

a Record of School Achievement or Higher School Certificate granted under Part 8 of the Act, or

a transcript of study issued under section 98 of the Act, or

a certificate from the proprietor of a non-accredited school confirming that the child has satisfied the relevant participation requirements for Year 10, or

in the case of a child who is registered for home schooling—a certificate from an authorised person (within the meaning of section 70 of the Act) confirming that the child has satisfied the relevant participation requirements for Year 10 of home schooling.

For the purposes of this clause, a child has satisfied the relevant participation requirements for Year 10 if—

the child’s attendance at school until the final day of Year 10 is satisfactory in the opinion of the relevant authority, and

the child has—

in the case of a child attending a non-accredited school—received instruction in courses of study that meet the curriculum requirements for secondary school children during Year 7 to Year 10 and has completed the courses of study for Year 10, and

in any other case—participated in courses of study which have been determined under the Act as appropriate to be undertaken by candidates for the Record of School Achievement, and

the child has applied himself or herself with diligence and sustained effort in the opinion of the principal of the school.

For the purposes of this clause, a child has satisfied the relevant participation requirements for Year 10 of home schooling if—

the child is, or was, registered for home schooling subject to the condition that he or she receive instruction in courses of study that meet the curriculum requirements for secondary school children during Year 7 to Year 10, and

the child has completed the courses of study for Year 10.

In this clause—

non-accredited school means a registered non-government school that is not accredited to present candidates for the Record of School Achievement.

relevant authority means—

in the case of a child attending a government school—the Secretary, and

in the case of a child attending a non-government school that is a member of a system of non-government schools—the approved authority appointed under section 40 of the Act, and

in the case of a child attending any other non-government school—the proprietor of the school.

For the purposes of section 21B of the Act, a child is participating in paid work if—

the child is undertaking work as an employee or a self-employed person, and

the child is being paid for undertaking that work, and

any requirements relating to the age or qualifications of an employee undertaking that work, as imposed by or under legislation, are complied with.

A child who undertakes work of a domestic or home maintenance nature for a parent of the child is not participating in paid work for the purposes of section 21B of the Act in relation to that work regardless of whether the child is being paid to undertake the work.

For the purposes of section 21B of the Act, participation in approved education or training includes participation in Years 11 and 12 of secondary education.

For the purposes of section 21B of the Act—

a child is participating in paid work on a full-time basis if the child is participating in paid work for an average of 25 hours per week over a 4 week period, and

a child is participating in approved education or training on a full-time basis if the provider of the approved education or training that the child is participating in certifies that the education or training is being provided to the child on a full-time basis, and

a child is participating in a combination of approved education or training and paid work on a full-time basis if the child participates in any of the following for an average of 25 hours per week over a 4 week period—

paid work, or

face-to-face instruction in connection with approved education or training.

In this part—

charity includes—

a registered entity within the meaning of the Australian Charities and Not-for-profits Commission Act 2012 of the Commonwealth, and

an international charity.

facilities means premises, buildings or other facilities.

Children of the following kinds are prescribed for the purposes of sections 53(1)(c), 64(2)(b) and 65(2)(c) of the Act—

children who need special instruction because of sensory, physical, intellectual or emotional disabilities,

children who are, or who are the children of, foreign nationals.

For the purposes of section 63 of the Act, the proprietor or principal of a registered non-government school (or, in the case of a school that is a member of a system of non-government schools, the approved authority for the system) must give written notice of the following changes to the circumstances of the operation of the school—

the closure of the school,

the cessation of operation of the school for at least 1 year,

the cessation of operation of the school for at least 2 years.

The written notice must be given—

to any person designated by the Authority as a designated person for the purposes of this clause in an official notice given to schools by the Authority, and

as soon as reasonably practicable after the proprietor or principal of a school (or, in the case of a school that is a member of a system of non-government schools, the approved authority for the system) becomes aware that the school is to undergo, or has undergone, the change, but not later than one month after the change has occurred.

In the event of a closure of a school or the cessation of operation of the school for at least 2 years, the registration of the school ceases.

In the event of the cessation of operation of the school for at least 1 year, the registration of the school continues to have effect for 1 year after the end of the first 12 months during which the school did not operate.

If the registration of a school ceases under subclause (3) or is limited under subclause (4), the Minister is to give written notice of that cessation or limitation to the proprietor or principal of the school or, in the case of a school that is a member of a system of non-government schools, to the approved authority for the system.

For the purposes of this clause, a school ceases operation if—

there are no courses of study being taught at the school, or

there are no students enrolled at the school.

In subclause (6), courses of study means courses of study that comply with the curriculum requirements under Part 3 of the Act that apply to the students at the school.

For the purposes of section 83C(3) of the Act, a non-government school is not taken to operate for profit because of a reasonable payment made to a student of the school in connection with a prize, scholarship or other activity as a student of the school.

For the Act, section 83C(3), a non-government school does not operate for profit because of one or more of the following—

a funding contribution made by or on behalf of the school to the National Redress Scheme for Institutional Child Sexual Abuse,

a payment made by the school directly to a person whose application for redress has been approved under the National Redress Scheme for Institutional Child Sexual Abuse if the school is an institution responsible for the abuse of the person under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 of the Commonwealth,

a payment made by the school under a local redress scheme for redress to a person for sexual abuse—

committed against the person while the person was a minor, and

connected to the school.

However, this clause does not apply if the funding contribution or payment includes financial assistance provided by the Minister to or for the benefit of the school.

In this clause—

funding contribution means a funding contribution for a participating non-government institution under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 of the Commonwealth.

local redress scheme means a scheme established by the school, or a system of non-government schools of which the school is a member, to provide redress to persons who, while minors, experienced sexual abuse connected to the school or another member of the system of schools.

National Redress Scheme for Institutional Child Sexual Abuse means the National Redress Scheme for Institutional Child Sexual Abuse established by the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 of the Commonwealth.