Education Act 2016

In this Act, unless the contrary intention appears –

administrative authority, in relation to a school, means – in relation to a State school, the Secretary; or in relation to a registered individual school, the governing body of the school; or in relation to a registered system school, the approved authority for the system of non-government schools of which the school is a member;

apprentice has the same meaning as in the Training and Workforce Development Act 2013;

approved authority means the approved authority for a system of non-government schools, within the meaning of section 146(1);

approved home education program means a proposed home education program that has been approved under section 69, as amended from time to time;

approved learning program means a learning program that is approved under section 29 or 84, as amended from time to time;

Australian Qualifications Framework means the national policy of that name for accredited qualifications in Australian education and training (including addenda to that policy added from time to time) that – defines qualifications recognised nationally in education and training undertaken within Australia; and is published by the Commonwealth government department having responsibilities in relation to education and training; and took effect on 1 July 2011 – as amended or substituted from time to time;

certificate of registration, in relation to a registered system of non-government schools or a registered individual school, means the certificate of registration issued under section 153 or 177;

child means a person who has not attained the age of 18 years;

compulsory conciliation conference means a conference referred to in section 41(b);

Compulsory Schooling Order has the meaning given by section 52;

conciliator includes mediator;

corporal punishment means physical punishment by means of a cane, stick, strap, belt or hand or by any other means;

disability, in relation to a person, means a disability which – is attributable to an intellectual, cognitive, neurological, psychiatric, sensory or physical impairment or a combination of those impairments; and is permanent or likely to be permanent; and results in – a substantially reduced capacity of the person for communication, learning or mobility; and the need for continuing support services; and may or may not be of a chronic episodic nature;

distance education means education provided to a school-aged child that is – characterised by the separation of the teacher and child in time or place; and provided by using a variety of methods of delivery;

education regulator means – the Registrar; or the Registration Board; or the Tasmanian Assessment, Standards and Certification Board established by section 7(1) of the Tasmanian Assessment, Standards and Certification Act 2003; or the Teachers Registration Board of Tasmania continued by section 5(1) of the Teachers Registration Act 2000.

eligible capital expenditure means expenditure incurred for the educational or residential purposes of school students relating to – the acquisition of land; and the erection, alteration and extension of buildings; and the installation of essential services;

eligible loan means a loan that is – taken out wholly or partly for the purpose of eligible capital expenditure; and repayable within a period of 20 years; and repayable by principal and interest;

full-time employment has the same meaning as in the Australian Bureau of Statistics Labour Force Survey;

governing body means – in relation to a registered school, the person or organisation that owns, manages or operates the registered school; or in relation to a proposed new non-government school, the person or body that proposes to establish the new non-government school; or in relation to a State school, the Secretary;

home education means the education of a school-aged child or youth by a home educator in accordance with an approved home education program;

home education assessment means an assessment carried out by a registration officer for a purpose specified in section 86;

home educator means a parent named in an approved home education program as a parent who provides home education to his or her child under that program;

hostel means a facility for the residential accommodation of school students;

individual education program means a program authorised and supervised by a principal of a school that meets the individual educational needs of a child enrolled at that school;

individual non-government school means a non-government school which is not a member of a system of non-government schools;

intake area, in relation to a State school, means the area determined – by the Minister under section 97 or 98 to be the intake area for that school; or once the Secretary determines the intake area for the school under section 99(1), that intake area;

kindergarten means the year of education that – immediately precedes the first year of compulsory education; and is offered to children by a school;

learning program means – education at a school; or education through an individual education program; or vocational education and training, within the meaning of the Training and Workforce Development Act 2013; or an apprenticeship or traineeship under a training contract approved under section 32 of the Training and Workforce Development Act 2013; or education at a university; or a combination of any approved learning programs referred to in paragraph (a), (b), (c), (d) and (e);

Ministerial instructions means instructions issued by the Minister under section 6;

new individual non-government school means a non-government school that, immediately before an application for registration of the school is made under Division 3 of Part 6, was not registered – as a member of a system of non-government schools under Division 2 of Part 6; or as an individual non-government school under Division 3 of Part 6 – whether or not the school had previously been so registered;

non-government school means a school, other than a State school, that provides educational instruction at any level up to and including the final year of secondary education;

overseas student means a person who holds a visa under the Migration Act 1958 of the Commonwealth under which the person, whether expressly or otherwise, may study in Tasmania;

parent includes – a legal guardian of a child; and another person who has the care, control or custody of a child; and another person who generally acts in the place of a parent of a child and has done so for a significant length of time;

primary education means education at a school from the first year of compulsory education following kindergarten to the school year commonly known as Year 6 (inclusive);

principal means the individual in charge of the day-to-day operation of a school;

Principal Officer, Non-attendance means the person appointed as the Principal Officer, Non-attendance under section 215;

provider, in relation to an approved learning program, means any of the following persons who, under the program, are involved in providing the whole or any part of the program:a principal of a school;TasTAFE; another registered training organisation within the meaning of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth; an employer of an apprentice or trainee; the University of Tasmania; a university or other tertiary education institution of another jurisdiction;

registered individual school means a non-government school which is registered under Division 3 of Part 6;

registered school means – a registered system school; or a registered individual school; or a campus of a school that is registered, managed or controlled by a school in another State or a Territory;

registered system of non-government schools means a system of non-government schools that is registered under section 150;

registered system school means a non-government school that is registered as a member of a registered system of non-government schools under Division 2 of Part 6;

Registrar means the person appointed as the Registrar, Education under section 218;

Registration Board means the Non-government Schools Registration Board established under section 229;

registration inspection means an inspection carried out in accordance with a request made by the Registration Board under section 186;

registration officer means a person appointed as a registration officer under section 228;

registration review means a review carried out in accordance with a request made by the Registration Board under section 182(1);

regulations means regulations made and in force under this Act;

relevant record means any record, book, document, account or other information compiled, recorded or stored by any means, including a record relating to students, which is relevant to the approval, granting, making or determination of a grant or additional grant under section 203 or 206;

Review Panel means the Review Panel established under section 234;

school means – a State school; and a centre, unit or institute of the State which provides educational instruction at any level up to, and including, the final year of secondary education; and a registered school – but does not include TasTAFE;

school-aged child means a child, other than an overseas student, who – is required under section 11(1) to be enrolled at a school or provided with home education; or would be required under section 11(1) to be enrolled at a school or provided with home education if not exempted under Part 3;

school association means a school association established by the Minister under section 110;

school's relevant financial year means the financial year of an individual non-government school during which a grant or additional grant under section 203 or 206 was received by it;

school student means a school-aged child, youth or other person enrolled at a school;

secondary education means education at a school from the school year commonly known as Year 7 to the school year commonly known as Year 12 (inclusive);

Secretary means the Secretary of the Department;

senior secondary education means education at a school for the school years commonly known as Year 11 and Year 12;

State school means a school, including a college for senior secondary education – established, or formed by the amalgamation of schools, under section 97; or established, or formed by the amalgamation of schools, under the Education Act 1994 or any other enactment that provided for the establishment of schools by the Crown;

student means a child, youth or person – enrolled at a school; or provided with home education; or participating in an approved learning program;

support school means a school established by the Minister for the purpose of providing specialised, and personalised, teaching and learning programs for students with disability;

system of non-government schools means a system of non-government schools formed in accordance with section 145;

TasTAFE means TasTAFE as continued by the TasTAFE (Skills and Training Business) Act 2021;

trainee has the same meaning as in the Training and Workforce Development Act 2013;

transition statement means a statement issued to a person under section 90 or section 91;

transitioning non-government school means a non-government school that is referred to in section 155(6), section 156(4) or section 163(5);

University of Tasmania means the university continued under that name under section 4 of the University of Tasmania Act 1992;

vocational education and training has the same meaning as in the Training and Workforce Development Act 2013;

Year 10 means the school year of secondary education commonly known as Year 10;

Year 12 means the school year of secondary education commonly known as Year 12;

Year 12 completion certificate means a certificate issued to a person under section 92 on completion of Year 12 or under section 93 on completion of the year of home education equivalent to year 12;

youth means a child, other than an overseas student, who – is required under section 24 to participate in an approved learning program or be home educated; or would be required under section 24 to participate in an approved learning program or be home educated if not exempted under Part 3.