Education Act 2016

A school-aged child, youth or person may be enrolled at a State school even though his or her home is not situated within the intake area for the school if – the school has the ability to accept more students than those whose homes are situated in the school's intake area; and the enrolment of the child, youth or person is in accordance with the school's out of intake area enrolment procedure.

The Secretary, as part of the Secretary's instructions, is to issue instructions in relation to the enrolment of school-aged children, youths and persons whose homes are not in the intake area for a State school.

Without limiting the matters that may be included in them, the Secretary's instructions under subsection (2) may include – the manner of determining whether the State school has the ability to accept more students than those whose homes are situated in the State school's intake area; and the matters to be taken into account by a principal when determining the out of intake area enrolment procedure of the State school.

Before determining the out of intake area enrolment procedure, the principal is to consult with the school association for the school.