Education Act 2016

In this section – specified means specified in the Ministerial instructions.

The Minister may issue instructions, in writing, in relation to the activities, functions and practices undertaken, and the guidelines, principles and procedures to be observed, by the Secretary, an education regulator, principals, schools, parents and children in relation to – enrolment at school, including the enrolment of a child who is not yet a school-aged child; and attendance at schools and approved programs; and the management of the non-attendance of a child at a school; and the approval of, and the revocation of the approval of, any person as a conciliator for the purposes of convening and facilitating compulsory conciliation conferences; and any matter concerning the registration of a home educator, the approval of a home education program or the continuing assessment of a home educator or an approved home education program; and any matter concerning the exercise of powers, or performance of functions, of education regulators under this Act, the Tasmanian Assessment, Standards and Certification Act 2003 or the Teachers Registration Act 2000; and any matter relating to an independent review conducted in accordance with section 221C or section 229B of this Act, section 14A of the Tasmanian Assessment, Standards and Certification Act 2003 or section 10D of the Teachers Registration Act 2000; and any matter concerning the registration of a system of non-government schools or a non-government school and the processes to be followed by the Registration Board in complying with this Act or any other Act; and any matter relating to the form, and timing of the provision of, statements, agreements, plans, reports and other documents required under this Act, the Tasmanian Assessment, Standards and Certification Act 2003 or the Teachers Registration Act 2000; and such other matters relating to the purposes and administration of this Act, the Tasmanian Assessment, Standards and Certification Act 2003 or the Teachers Registration Act 2000, as the Minister considers appropriate.

Before issuing a Ministerial instruction in relation to a registered school, or which will affect a registered school, the Minister is to consult with whichever one or more of the following is relevant in the circumstances:the governing body of the registered school; the approved authority for the system of non-government schools of which the registered school is a member; if the registered school is a member of an association of schools that represents those schools, that association.

Ministerial instructions may be issued so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the instructions and, in particular, may be issued so as to – apply at all times, at a specified time or for a specified period; and apply to – all education regulators, schools, principals, teachers, parents, children and other persons; or a specified class of education regulators, schools, principals, teachers, parents, children and other persons; or a specified education regulator, school or principal.

Ministerial instructions may – provide that the Secretary, an education regulator, a principal or a member of a class of principals determine a specified matter; and exempt an education regulator, a school or a person, or a class of schools or persons, from the requirement to comply with a specified provision of the Ministerial instructions, whether on specified conditions or unconditionally and either wholly or to such extent as is specified.

A Ministerial instruction issued in relation to the guidelines, principles, practices and procedures to be observed by an education regulator is not to seek to direct the education regulator in relation to a decision made under this or any other Act regarding an individual case.

The Minister, from time to time, may amend the Ministerial instructions, rescind them or rescind them and substitute new Ministerial instructions.

The Ministerial instructions are to be published in the manner that the Minister considers appropriate.

An amendment of the Ministerial instructions is taken to be incorporated with the instructions.

A Ministerial instruction that is inconsistent with this Act is invalid to the extent of the inconsistency.

The Ministerial instructions, an amendment of the Ministerial instructions and a rescission of the Ministerial instructions are not statutory rules for the purposes of the Rules Publication Act 1953.