Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
Part 10.1A Education Amendment Act 2022—pt 3
311A Definitions—pt 10.1A
In this part:
"commencement day" means the day the Education Amendment Act 2022 , part 3 commences.
"pre-amendment Act" means this Act, as in force immediately before the commencement day.
311B Appointment of registrar
An appointment of a Registrar of Non-Government Schools under the pre-amendment Act, section 77, that is in force immediately before the commencement day is, on the commencement day, taken to be an appointment of a registrar under section 73.
311C Register of non-government schools
The register of non-government schools kept under the pre-amendment Act, section 79 is, on the commencement day, taken to be the register of non-government schools under section 106.
311D Application for in-principle approval for provisional registration of school
(1) This section applies if—
(a) before the commencement day, a person applied for in-principle approval for provisional registration of a non-government school under the pre-amendment Act, section 83; and
(b) immediately before the commencement day, the application had not been—
(i) withdrawn by the applicant; or
(ii) decided by the Minister.
(2) The in-principle application is, on the commencement day, taken to be an application for in-principle approval for registration of a non-government school under section 86.
311E Application for in-principle approval for registration of school at additional campus—generally
(1) This section applies if—
(a) before the commencement day, a person applied for in-principle approval for registration of a non-government school at an additional campus under the pre-amendment Act, section 83; and
(b) the school either—
(i) had not previously operated at the campus; or
(i) had operated at the campus, but not for 2 years or more before the date of the application; and
(c) immediately before the commencement day, the application had not been—
(i) withdrawn by the applicant; or
(ii) decided by the Minister.
(2) The application is, on the commencement day, taken to be an application to amend the school's registration under section 97.
311F Application for in-principle approval for registration of school at additional campus—within 2 years
(1) This section applies if—
(a) before the commencement day, a person applied for in-principle approval for registration of a non-government school at an additional campus under the pre-amendment Act, section 83; and
(b) the school had previously operated at the campus less than 2 years before the date of the application; and
(c) immediately before the commencement day, the application had not been—
(i) withdrawn by the applicant; or
(ii) decided by the Minister.
(2) The application is, on the commencement day, taken to be notice to the registrar under section 96.
311G Application for in-principle approval for registration of school at additional educational level—generally
(1) This section applies if—
(a) before the commencement day, a person applied for in-principle approval for registration of a non-government school at an additional educational level under the pre-amendment Act, section 83; and
(b) the school either—
(i) had not previously provided that level of education; or
(i) had provided that level of education, but not for 2 years or more before the date of the application; and
(c) immediately before the commencement day, the application had not been—
(i) withdrawn by the applicant; or
(ii) decided by the Minister.
(2) The application is, on the commencement day, taken to be an application to amend the school's registration under section 97.
311H Application for in-principle approval for registration of school at additional educational level—within 2 years
(1) This section applies if—
(a) before the commencement day, a person applied for in-principle approval for registration of a non-government school at an additional educational level under the pre-amendment Act, section 83; and
(b) the school had previously provided that level of education less than 2 years before the date of the application; and
(c) immediately before the commencement day, the application had not been—
(i) withdrawn by the applicant; or
(ii) decided by the Minister.
(2) The application is, on the commencement day, taken to be notice to the registrar under section 96.
311I In-principle approval for provisional registration of school
(1) This section applies if, immediately before the commencement day, a person has in-principle approval for provisional registration of a non-government school under the pre-amendment Act, section 84.
(2) Subject to subsection (3), the in-principle approval is, on the commencement day, taken to be in-principle approval under section 88.
(3) The in-principle approval—
(a) expires on the later of the following:
(i) 2 years after the day the old in-principle approval was given;
(ii) the proposed starting day; and
(b) is otherwise subject to the same conditions that applied to the approval before the commencement day.
311J Application for provisional registration of school
(1) This section applies if—
(a) before the commencement day, a person applied for provisional registration of a non-government school under the pre-amendment Act, section 85; and
(b) immediately before the commencement day, the application had not been—
(i) withdrawn by the applicant; or
(ii) decided by the Minister.
(2) The application is, on the commencement day, taken to be an application for registration of a non-government school under section 89.
311K Provisional registration of a school
(1) This section applies if, immediately before the commencement day, a non-government school was provisionally registered under the pre-amendment Act, section 86.
(2) Subject to subsection (3), the school is, on the commencement day, taken to be registered under section 92.
(3) The school's registration—
(a) does not expire on the day stated in the provisional registration, but continues until the registration is cancelled or surrendered; and
(b) is subject to the conditions mentioned in section 93; and
(c) is otherwise subject to any conditions in the provisional registration that are not inconsistent with the conditions mentioned in section 93.
(4) The registrar must—
(a) enter the school in the register of non-government schools; and
(b) give the proprietor of the school a registration certificate for the school in accordance with section 95.
311L Application for registration of school
(1) This section applies if—
(a) before the commencement day, a person applied for registration of a non-government school under the pre-amendment Act, section 87; and
(b) immediately before the commencement day, the application had not been—
(i) withdrawn by the applicant; or
(ii) decided by the Minister.
(2) The application is, on the commencement day, taken to be an application for registration of a non-government school under section 89.
311M Registration of school
(1) This section applies if, immediately before the commencement day, a non-government school was registered under the pre-amendment Act, section 88 (including registration renewed under the pre-amendment Act, section 97).
(2) Subject to subsection (3), the school is, on the commencement day, taken to be registered under section 92.
(3) The school's registration—
(a) does not expire on the day stated in the old registration, but continues until the registration is cancelled or surrendered; and
(b) is subject to the conditions mentioned in section 93; and
(c) is otherwise subject to any conditions on the registration that are not inconsistent with the conditions mentioned in section 93.
(4) However, no action under this Act may be taken against the school for failing to comply with the conditions mentioned in section 93 (a) and (b) during the first 9 months following the commencement day.
(5) The registrar must give the proprietor of the school a revised registration certificate for the school in accordance with section 95.
311N Application for registration of school at additional campus—generally
(1) This section applies if—
(a) before the commencement day, a proprietor of a registered school applied for registration of the school at an additional campus under the pre-amendment Act, section 88A; and
(b) the school either—
(i) had not previously operated at the campus; or
(i) had operated at the campus, but not for 2 years or more before the date of the application; and
(c) immediately before the commencement day, the application had not been—
(i) withdrawn by the applicant; or
(ii) decided by the Minister.
(2) The application is, on the commencement day, taken to be an application to amend the school's registration under section 97.
311O Application for registration of school at additional campus—within 2 years
(1) This section applies if—
(a) before the commencement day, a proprietor of a registered school applied for registration of the school at an additional campus under the pre-amendment Act, section 88A; and
(b) the school had previously operated at the campus less than 2 years before the date of the application; and
(c) immediately before the commencement day, the application had not been—
(i) withdrawn by the applicant; or
(ii) decided by the Minister.
(2) The application is, on the commencement day, taken to be notice to the registrar under section 96.
311P Application for registration of school at additional educational level—generally
(1) This section applies if—
(a) before the commencement day, a proprietor of a registered school applied for registration of the school at an additional educational level under the pre-amendment Act, section 89; and
(b) the school either—
(i) had not previously provided that level of education; or
(i) had provided that level of education, but not for 2 years or more before the date of the application; and
(c) immediately before the commencement day, the application had not been—
(i) withdrawn by the applicant; or
(ii) decided by the Minister.
(2) The application is, on the commencement day, taken to be an application to amend the school's registration under section 97.
311Q Application for registration of school at additional educational level—within 2 years
(1) This section applies if—
(a) before the commencement day, a proprietor of a registered school applied for registration of the school at an additional educational level under the pre-amendment Act, section 89; and
(b) the school had previously provided that level of education less than 2 years before the date of the application; and
(c) immediately before the commencement day, the application had not been—
(i) withdrawn by the applicant; or
(ii) decided by the Minister.
(2) The application is, on the commencement day, taken to be notice to the registrar under section 96.
311R Grounds for regulatory action
(1) This section applies if the Minister—
(a) is satisfied on reasonable grounds that, within the 12 months immediately before the commencement day, a condition of a school's registration under the pre-amendment Act, section 91 had been contravened; and
(b) the Minister had not cancelled the school's registration in relation to the contravention under the pre-amendment Act, section 95.
(2) The Minister may take regulatory action against the proprietor of the registered school in relation to the contravention under section 122.
311S Register of enrolments and attendances—non-government schools
(1) A register of enrolments and attendances kept by the principal of a registered school under the pre-amendment Act, section 99 is, on the commencement day, taken to be a register of enrolments and attendances under section 125E, definition of register of enrolments and attendances , paragraph (a).
(2) A register of enrolments and attendances kept by a person conducting an approved educational course (non-government) under the pre-amendment Act, section 99 is, on the commencement day, taken to be a register of enrolments and attendances under section 125E, definition of register of enrolments and attendances , paragraph (b).
311T Appointment of authorised persons (non-government)
An appointment of an authorised person (non-government) under the pre-amendment Act, section 119, that is in force immediately before the commencement day is, on the commencement day, taken to be an appointment of an authorised person (non-government) under section 125M.