Education Act 2016

In this section – specified means specified in the Secretary's instructions.

The Secretary may issue instructions, in writing, in relation to matters under this Act, including, but not limited to – the entitlement of school-aged children, youths and persons whose homes are not in the intake area for a State school to enrol at that school; and the attendance at a State school of children referred to in section 8; and the process to be followed by State schools in managing the absences of their students not authorised by Part 3; and the regulation of the conduct and discipline of students, including the expulsion and suspension of students; and the transfer of students at State schools between classes and between courses; and the transfer of students between State schools; and the curriculum, teaching practice, homework, assessment and reporting procedures at State schools; and religious instruction at State schools; and the development of plans, budgets and reports for State schools; and the charging of fees, levies and charges by principals of State schools for matters incidental to the provision of education; and the management of hostels for State school students; and powers of school associations; and any other matter in relation to which this Act provides that the Secretary is to, or may, issue instructions; and any other matters that the Secretary considers appropriate or that are prescribed by the regulations.

The Secretary's 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 schools, principals, teachers, parents, children and other persons; or a specified class of schools, principals, teachers, parents, children and other persons; or a specified school or principal.

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

The Secretary, from time to time, may amend the Secretary's instructions, rescind them or rescind them and substitute new Secretary's instructions.

The Secretary's instructions are to be published in the manner the Secretary considers appropriate.

An amendment of the Secretary's instructions is taken to be incorporated with the instructions.

A Secretary's instruction that is inconsistent with this Act is invalid to the extent of the inconsistency.

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