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Queensland
Education (Strengthening
Discipline in State Schools)
Amendment Bill 2013
Queensland
Education (Strengthening Discipline in
State Schools) Amendment Bill 2013
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 36 (Use of criminal history information). . . . . . . 6
5 Amendment of s 37 (Confidentiality of information about criminal
history) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Amendment of s 53 (When fee for distance education is not
payable) ....................................... 7
7 Amendment of s 200 (Child's exclusion or suspension) . . . . . . . . 7
8 Amendment of s 237 (Suspension or exclusion) . . . . . . . . . . . . . 7
9 Replacement of ch 12, pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 1 Student discipline
275 Control of student discipline . . . . . . . . . . . . . . . . . . . . 8
276 Policies or procedures for student discipline . . . . . . . 8
10 Omission of ch 12, pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
11 Replacement of ch 12, pt 3 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12 Replacement of ch 12, pt 3, divs 1 to 3 . . . . . . . . . . . . . . . . . . . . 9
Division 1 Preliminary
280 Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 2 Suspension of students by principal
Subdivision 1 General provisions
281 Principal's power to suspend . . . . . . . . . . . . . . . . . . . 11
282 Grounds for suspension . . . . . . . . . . . . . . . . . . . . . . . 11
283 Duration and notice of suspension . . . . . . . . . . . . . . . 12
284 Continuing education during suspension . . . . . . . . . . 13
285 Submission against suspension . . . . . . . . . . . . . . . . . 13
Education (Strengthening Discipline in State Schools) Amendment Bill 2013
Contents
286 Dealing with submission against suspension . . . . . . . 13
Subdivision 2 Charge-related suspensions
287 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 14
288 Principal must decide whether to exclude student
after charge dealt with . . . . . . . . . . . . . . . . . . . . . . . . 14
289 Principal may decide to end suspension before
charge dealt with . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Subdivision 3 Chief executive's powers
290 Chief executive may exercise suspension power . . . . 15
Division 3 Exclusion of students by principal
291 Principal's power to exclude . . . . . . . . . . . . . . . . . . . . 16
292 Grounds for exclusion. . . . . . . . . . . . . . . . . . . . . . . . . 16
293 Suspension pending final decision about exclusion . . 17
294 Continuing education during suspension . . . . . . . . . . 17
295 Final decision about exclusion . . . . . . . . . . . . . . . . . . 18
296 Effect of exclusion on enrolment . . . . . . . . . . . . . . . . 19
297 Chief executive may exercise exclusion power. . . . . . 19
Division 4 Exclusion of students from certain State
schools or all State schools by chief executive
298 Chief executive's power to exclude. . . . . . . . . . . . . . . 19
299 Grounds for exclusion. . . . . . . . . . . . . . . . . . . . . . . . . 20
300 Suspension pending final decision about exclusion . . 21
301 Continuing education during suspension . . . . . . . . . . 21
302 Final decision about exclusion . . . . . . . . . . . . . . . . . . 21
303 Effect of exclusion on enrolment . . . . . . . . . . . . . . . . 23
304 Continuing education during exclusion of certain
students ........................... 23
13 Renumbering of ch 12, pt 3, divs 4 to 6 . . . . . . . . . . . . . . . . . . . . 23
14 Amendment of s 305 (Application of div 4). . . . . . . . . . . . . . . . . . 23
15 Amendment of s 309 (Exclusion) . . . . . . . . . . . . . . . . . . . . . . . . . 23
16 Amendment of s 311 (Application of div 5). . . . . . . . . . . . . . . . . . 24
17 Amendment of s 312 (Submission against exclusion decision) . . 24
18 Amendment of s 313 (Dealing with submissions against
exclusions) .................................... 24
19 Amendment of s 315 (Periodic review of decision to exclude
permanently on ground mentioned in s 288B, 289 or 298--person
under 24 years) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
20 Replacement of ch 12, pt 3, divs 7 and 8 . . . . . . . . . . . . . . . . . . . 26
Page 2
Education (Strengthening Discipline in State Schools) Amendment Bill 2013
Contents
Division 8 Cancellation of enrolment of students who are
older than compulsory school age
316 Principal's power to cancel enrolment . . . . . . . . . . . . 26
317 Ground for cancellation . . . . . . . . . . . . . . . . . . . . . . . 26
318 Notice of cancellation . . . . . . . . . . . . . . . . . . . . . . . . . 26
319 Submission against cancellation . . . . . . . . . . . . . . . . 27
320 Dealing with submission against cancellation . . . . . . 27
21 Amendment of s 328 (Definitions for div 9) . . . . . . . . . . . . . . . . . 28
22 Amendment of s 329 (No entitlement to enrolment at another
State school during suspension) . . . . . . . . . . . . . . . . . . . . . . . . . 28
23 Amendment of s 331 (Submissions, representations or
applications about suspensions etc.) . . . . . . . . . . . . . . . . . . . . . . 28
24 Amendment of s 332 (When decisions take effect) . . . . . . . . . . . 29
25 Replacement of s 362 (Noncompliance with dress code) . . . . . . 29
362 Noncompliance with dress code. . . . . . . . . . . . . . . . . 29
26 Amendment of ch 15, pt 4 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
27 Amendment of s 401 (Definition for pt 4) . . . . . . . . . . . . . . . . . . . 30
28 Insertion of new ch 20, pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Part 7 Transitional provisions for Education
(Strengthening Discipline in State Schools)
Amendment Act 2013
516 Definitions for pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
517 Existing policy and procedures. . . . . . . . . . . . . . . . . . 31
518 Suspension of student . . . . . . . . . . . . . . . . . . . . . . . . 32
519 Suspension and proposed exclusion of student by
principal ............................. 32
520 Exclusion of student by principal . . . . . . . . . . . . . . . . 32
521 Recommendation to principal's supervisor for
exclusion and suspension . . . . . . . . . . . . . . . . . . . . . 32
522 Exclusion of student by principal's supervisor . . . . . . 33
523 Suspension and proposed exclusion of student by
chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
524 Exclusion of student by chief executive . . . . . . . . . . . 33
525 Show cause notice about cancellation of enrolment . 34
526 Cancellation of enrolment. . . . . . . . . . . . . . . . . . . . . . 34
29 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 34
Page 3
2013
A Bill
for
An Act to amend the Education (General Provisions) Act 2006
for particular purposes
Education (Strengthening Discipline in State Schools) Amendment Bill 2013
[s 1]
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Education (Strengthening 3
Discipline in State Schools) Amendment Act 2013. 4
Clause 2 Commencement 5
This Act commences on a day to be fixed by proclamation. 6
Clause 3 Act amended 7
This Act amends the Education (General Provisions) Act 8
2006. 9
Clause 4 Amendment of s 36 (Use of criminal history information) 10
(1) Section 36, `, division 3'-- 11
omit. 12
(2) Section 36-- 13
insert-- 14
(2) A principal of a State school must not use 15
information obtained under this part about a 16
person's criminal history other than for chapter 17
12, part 3, division 2 or 3. 18
Clause 5 Amendment of s 37 (Confidentiality of information about 19
criminal history) 20
(1) Section 37(3)(a)(iii), `, division 3'-- 21
omit. 22
(2) Section 37(3)-- 23
insert-- 24
Page 6
Education (Strengthening Discipline in State Schools) Amendment Bill 2013
[s 6]
(aa) to the principal of a State school for the 1
purpose of the principal deciding whether 2
to-- 3
(i) suspend the person from a State 4
school under chapter 12, part 3, 5
division 2; or 6
(ii) exclude the person from a State 7
school under chapter 12, part 3, 8
division 3; or 9
(3) Section 37(3)(a) to (c)-- 10
renumber as section 37(3)(a) to (d). 11
Clause 6 Amendment of s 53 (When fee for distance education is 12
not payable) 13
(1) Section 53(1)(d)(i)-- 14
omit, insert-- 15
(i) is excluded from a State school under 16
section 291, or from certain State 17
schools under section 298; and 18
(2) Section 53(1)(e)-- 19
omit, insert-- 20
(e) the person is excluded from all State schools 21
under section 298; or 22
Clause 7 Amendment of s 200 (Child's exclusion or suspension) 23
Section 200(2)(a), `section 286(2), 288D or 291'-- 24
omit, insert-- 25
section 284, 294 or 301 26
Clause 8 Amendment of s 237 (Suspension or exclusion) 27
(1) Section 237(2), `division 1, 1A or 2'-- 28
omit, insert-- 29
Page 7
Education (Strengthening Discipline in State Schools) Amendment Bill 2013
[s 9]
division 2, 3 or 4 1
(2) Section 237(2), `section 286(2), 288D or 291'-- 2
omit, insert-- 3
section 284, 294 or 301 4
Clause 9 Replacement of ch 12, pt 1 5
Chapter 12, part 1-- 6
omit, insert-- 7
Part 1 Student discipline 8
275 Control of student discipline 9
(1) The principal of a State school must control and 10
regulate student discipline in the school. 11
(2) The way in which the principal controls and 12
regulates student discipline in the school may 13
include providing for students to carry on 14
activities-- 15
(a) after school hours; and 16
(b) on a day other than a school day. 17
276 Policies or procedures for student discipline 18
(1) The chief executive may make a policy or 19
procedure about the way in which principals of 20
State schools are to control and regulate student 21
discipline. 22
(2) The policy or procedure may provide for the 23
following matters-- 24
(a) the detention of students by principals or 25
teachers; 26
(b) the performance of community service by 27
students; 28
Page 8
Education (Strengthening Discipline in State Schools) Amendment Bill 2013
[s 10]
(c) the making, by principals, of discipline 1
improvement plans for students; 2
(d) any other matter the chief executive 3
considers appropriate. 4
(3) The chief executive must ensure the policy or 5
procedure is available for public inspection, 6
without charge-- 7
(a) during normal business hours at the 8
department's head office; and 9
(b) on the department's website. 10
Editor's note-- 11
The department's website address is 12
. 13
(4) The principal of a State school must ensure that 14
the way in which the principal controls and 15
regulates student discipline in the school 16
complies with the policy or procedure. 17
Clause 10 Omission of ch 12, pt 2 18
Chapter 12, part 2-- 19
omit. 20
Clause 11 Replacement of ch 12, pt 3 hdg 21
Chapter 12, part 3 heading-- 22
omit, insert-- 23
Part 3 Suspension, exclusion, 24
and cancellation of 25
enrolment, of State 26
school students 27
Clause 12 Replacement of ch 12, pt 3, divs 1 to 3 28
Chapter 12, part 3, divisions 1 to 3-- 29
Page 9
Education (Strengthening Discipline in State Schools) Amendment Bill 2013
[s 12]
omit, insert-- 1
Division 1 Preliminary 2
280 Definitions for pt 3 3
In this part-- 4
charge, for an offence, in relation to a charge 5
made outside Queensland, means any allegation 6
of an offence made in a way that is the same as, 7
or substantially the same as, a charge under the 8
law of the State. 9
charge-related ground see section 282(4). 10
conduct, of a student, includes an omission to 11
perform an act by the student. 12
dealt with, in relation to a charge against a 13
student for an offence, means any of the 14
following-- 15
(a) the student is acquitted or convicted of the 16
charge; 17
(b) the student is convicted of another offence 18
arising out of substantially the same acts or 19
omissions as those constituting the charge; 20
(c) the charge is withdrawn or dismissed; 21
(d) a nolle prosequi or no true bill is presented 22
in relation to the charge. 23
offence includes an act or omission committed 24
outside Queensland that would be an offence if it 25
were committed in Queensland. 26
Page 10
Education (Strengthening Discipline in State Schools) Amendment Bill 2013
[s 12]
Division 2 Suspension of students by 1
principal 2
Subdivision 1 General provisions 3
281 Principal's power to suspend 4
(1) The principal of a State school at which a student 5
is enrolled may, under this division, suspend the 6
student from the school if the principal is 7
reasonably satisfied a ground exists for the 8
suspension. 9
(2) The principal may act under this division whether 10
or not the student has already been suspended or 11
excluded under this part. 12
(3) In this division, a reference to suspension is a 13
reference to suspension of a student in exercise of 14
the power under subsection (1). 15
282 Grounds for suspension 16
(1) Each of the following is a ground for 17
suspension-- 18
(a) disobedience; 19
(b) misbehaviour; 20
(c) conduct that adversely affects, or is likely to 21
adversely affect, other students; 22
(d) conduct that adversely affects, or is likely to 23
adversely affect, the good order and 24
management of the school; 25
(e) the student's attendance at the school poses 26
an unacceptable risk to the safety or 27
wellbeing of other students or of staff; 28
(f) the student is charged with a serious 29
offence. 30
Page 11
Education (Strengthening Discipline in State Schools) Amendment Bill 2013
[s 12]
(2) It is also a ground for suspension if-- 1
(a) the student is charged with an offence other 2
than a serious offence; and 3
(b) the principal is reasonably satisfied it would 4
not be in the best interests of other students 5
or of staff for the student to attend the 6
school while the charge is pending. 7
(3) To remove any doubt, it is declared that, for 8
subsection (1)(c) or (d), conduct may be a ground 9
for suspension even if the conduct does not 10
happen on school premises or during school 11
hours. 12
(4) Each of the grounds under subsection (1)(f) or (2) 13
is a charge-related ground. 14
283 Duration and notice of suspension 15
(1) Suspension may be-- 16
(a) generally--for not more than 10 school 17
days; or 18
(b) on a ground other than a charge-related 19
ground and if the principal is reasonably 20
satisfied the ground is so serious that the 21
suspension should be for more than 10 22
school days--for not more than 20 school 23
days; or 24
(c) on a charge-related ground--until the day 25
the principal makes a decision under section 26
288. 27
(2) The suspension starts when the principal tells the 28
student about it. 29
(3) As soon as practicable after telling the student, 30
the principal must give the student a notice in the 31
approved form about the suspension. 32
(4) If the student is suspended under subsection 33
(1)(b) or (c), the notice must state that the student 34
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Education (Strengthening Discipline in State Schools) Amendment Bill 2013
[s 12]
may make a written submission against the 1
suspension to the chief executive. 2
284 Continuing education during suspension 3
A principal who suspends a student must take 4
reasonable steps to arrange for the student's access to 5
an educational program that allows the student to 6
continue the student's education during the 7
suspension. 8
285 Submission against suspension 9
(1) This section applies for suspension under section 10
283(1)(b) or (c). 11
(2) The student may make a written submission 12
against the suspension. 13
Note-- 14
See also section 331 (Parent may also make submission, 15
representation or application). 16
(3) The submission must be made to the chief 17
executive and state fully the grounds for the 18
submission and the facts relied on. 19
286 Dealing with submission against suspension 20
(1) If a submission is made to the chief executive 21
under section 285(2), the chief executive must, as 22
soon as practicable after receiving it, review the 23
principal's decision to suspend the student and-- 24
(a) confirm the decision; or 25
(b) vary the decision; or 26
(c) set aside the decision and substitute another 27
decision. 28
(2) As soon as practicable after making the decision 29
under subsection (1), the chief executive must tell 30
the student and the principal-- 31
Page 13
Education (Strengthening Discipline in State Schools) Amendment Bill 2013
[s 12]
(a) about the decision; and 1
(b) if the decision allows the student to resume 2
attendance at the school earlier, or later, than 3
if the principal's decision had been 4
confirmed--when the student may resume 5
attendance at the school. 6
(3) As soon as practicable after telling the student 7
and the principal, the chief executive must give 8
each of them a notice in the approved form about 9
the decision. 10
Subdivision 2 Charge-related 11
suspensions 12
287 Application of sdiv 2 13
This subdivision applies for suspension on a 14
charge-related ground. 15
288 Principal must decide whether to exclude 16
student after charge dealt with 17
(1) As soon as practicable after the charge is dealt 18
with, the principal must decide, under division 3, 19
whether to propose to exclude the student from 20
the school. 21
Note-- 22
The principal may propose to exclude on the ground 23
mentioned in section 292(2) or on another ground 24
mentioned in section 292(1). 25
(2) If the principal decides not to propose to exclude, 26
the principal must tell the student about the 27
decision and that the suspension has ended. 28
(3) As soon as practicable after telling the student, 29
the principal must give the student a notice in the 30
approved form about the decision. 31
Page 14
Education (Strengthening Discipline in State Schools) Amendment Bill 2013
[s 12]
289 Principal may decide to end suspension 1
before charge dealt with 2
(1) This section applies if, on a day before the charge 3
is dealt with, the principal is satisfied it would no 4
longer not be in the best interests of other 5
students or of staff for the student to attend the 6
school while the charge is pending. 7
(2) Despite section 283(1)(c), the principal may 8
decide to end the suspension. 9
(3) The principal must tell the student about the 10
decision and that the suspension has ended. 11
(4) As soon as practicable after telling the student, 12
the principal must give the student a notice in the 13
approved form about the decision. 14
Subdivision 3 Chief executive's powers 15
290 Chief executive may exercise suspension 16
power 17
(1) This section applies if the principal of a State 18
school, or the chief executive, reasonably 19
believes it would be appropriate for the chief 20
executive to exercise the suspension power. 21
Example-- 22
It would be appropriate for the chief executive to 23
exercise the power if the principal was prevented from 24
doing so by the principles of natural justice relating to 25
bias. 26
(2) The chief executive may exercise the power. 27
(3) Each provision of this division applies as if a 28
reference in the provision to the principal were a 29
reference to the chief executive. 30
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Education (Strengthening Discipline in State Schools) Amendment Bill 2013
[s 12]
Division 3 Exclusion of students by 1
principal 2
291 Principal's power to exclude 3
(1) The principal of a State school at which a student 4
is enrolled may, under this division, exclude the 5
student from the school if the principal is 6
reasonably satisfied a ground exists for the 7
exclusion. 8
(2) The principal may act under this division whether 9
or not the student has already been suspended or 10
excluded under this part. 11
(3) In this division, a reference to exclusion is a 12
reference to exclusion of a student in exercise of 13
the power under subsection (1). 14
292 Grounds for exclusion 15
(1) Each of the following is a ground for exclusion-- 16
(a) persistent disobedience; 17
(b) misbehaviour; 18
(c) conduct that adversely affects, or is likely to 19
adversely affect, other students; 20
(d) conduct that adversely affects, or is likely to 21
adversely affect, the good order and 22
management of the school; 23
(e) the student's attendance at the school poses 24
an unacceptable risk to the safety or 25
wellbeing of other students or of staff; 26
if suspension of the student under division 2 is 27
inadequate to deal with the disobedience, 28
misbehaviour, conduct or risk. 29
(2) It is also a ground for exclusion if-- 30
Page 16
Education (Strengthening Discipline in State Schools) Amendment Bill 2013
[s 12]
(a) the student has been convicted of an 1
offence; and 2
(b) the principal is reasonably satisfied it would 3
not be in the best interests of other students 4
or of staff for the student to be enrolled at 5
the school. 6
(3) To remove any doubt, it is declared that, for 7
subsection (1)(c) or (d), conduct may be a ground 8
for exclusion even if the conduct does not happen 9
on school premises or during school hours. 10
293 Suspension pending final decision about 11
exclusion 12
(1) This section applies if the principal of a State 13
school proposes to exclude a student. 14
(2) The principal must give the student a notice in 15
the approved form about the proposed exclusion 16
and-- 17
(a) if the student is already suspended--tell the 18
student that the suspension continues until 19
the principal makes a final decision about 20
the proposed exclusion; or 21
(b) if the student is not already 22
suspended--suspend the student until the 23
principal makes a final decision about the 24
proposed exclusion. 25
(3) The suspension starts when the principal tells the 26
student about it. 27
294 Continuing education during suspension 28
A principal who suspends a student pending a final 29
decision about exclusion must take reasonable steps to 30
arrange for the student's access to an educational 31
program that allows the student to continue the 32
student's education during the suspension. 33
Page 17
Education (Strengthening Discipline in State Schools) Amendment Bill 2013
[s 12]
295 Final decision about exclusion 1
(1) The principal of a State school must make a final 2
decision about exclusion within 20 school days 3
after giving the student a notice under section 4
293(2) (the proposed exclusion notice). 5
(2) If the principal decides not to exclude, the 6
principal must-- 7
(a) tell the student, as soon as practicable-- 8
(i) about the decision; and 9
(ii) that the suspension has ended and the 10
student may resume attendance at the 11
school; and 12
(b) as soon as practicable after telling the 13
student about the decision--give the student 14
a notice in the approved form about the 15
decision. 16
(3) If the principal decides to exclude, the principal 17
must exclude the student either permanently or 18
for a period of not more than 1 year. 19
(4) However, the exclusion can not be longer than 20
the period stated in the proposed exclusion 21
notice. 22
(5) The principal must, as soon as practicable after 23
deciding to exclude, give the student a notice in 24
the approved form about the exclusion. 25
(6) The notice mentioned in subsection (5) must state 26
that-- 27
(a) the student may make a written submission 28
to the chief executive asking the chief 29
executive to review the decision under 30
division 6; and 31
(b) if the student is excluded permanently--the 32
student may make a periodic written 33
submission to the chief executive under 34
division 7. 35
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Education (Strengthening Discipline in State Schools) Amendment Bill 2013
[s 12]
296 Effect of exclusion on enrolment 1
If a student is excluded from a State school at which 2
the student is enrolled, the enrolment is taken to be 3
cancelled. 4
297 Chief executive may exercise exclusion power 5
(1) This section applies if the principal of a State 6
school, or the chief executive, reasonably 7
believes it would be appropriate for the chief 8
executive to exercise the exclusion power. 9
Example-- 10
It would be appropriate for the chief executive to 11
exercise the power if the principal was prevented from 12
doing so by the principles of natural justice relating to 13
bias. 14
(2) The chief executive may exercise the power. 15
(3) Each provision of this division applies as if a 16
reference in the provision to the principal were a 17
reference to the chief executive. 18
Division 4 Exclusion of students from 19
certain State schools or all 20
State schools by chief 21
executive 22
298 Chief executive's power to exclude 23
(1) The chief executive may, under this division, 24
exclude a student from certain State schools, or 25
all State schools, if the chief executive is 26
reasonably satisfied a ground exists for the 27
exclusion. 28
(2) The chief executive may act under this division 29
whether or not the student has already been 30
suspended or excluded under this part. 31
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Education (Strengthening Discipline in State Schools) Amendment Bill 2013
[s 12]
(3) In this division, a reference to exclusion is a 1
reference to exclusion of a student in exercise of 2
the power under subsection (1). 3
299 Grounds for exclusion 4
(1) Each of the following is a ground for exclusion-- 5
(a) persistent disobedience; 6
(b) misbehaviour; 7
(c) conduct that adversely affects, or is likely to 8
adversely affect, other students; 9
(d) conduct that adversely affects, or is likely to 10
adversely affect, the good order and 11
management of the schools; 12
(e) the student's attendance at the schools poses 13
an unacceptable risk to the safety or 14
wellbeing of other students or of staff; 15
if exclusion of the student under division 3 is 16
inadequate to deal with the disobedience, 17
misbehaviour, conduct or risk. 18
(2) It is also a ground for exclusion if-- 19
(a) the student has been convicted of an 20
offence; and 21
(b) the chief executive is reasonably satisfied it 22
would not be in the best interests of other 23
students or of staff for the student to be 24
enrolled at the schools. 25
(3) To remove any doubt, it is declared that, for 26
subsection (1)(c) or (d), conduct of the student 27
may be a ground for exclusion even if the 28
conduct does not happen on school premises or 29
during school hours. 30
Page 20
Education (Strengthening Discipline in State Schools) Amendment Bill 2013
[s 12]
300 Suspension pending final decision about 1
exclusion 2
(1) This section applies if the chief executive 3
proposes to exclude a student. 4
(2) The chief executive must give the student a notice 5
in the approved form about the proposed 6
exclusion and-- 7
(a) if the student is already suspended or 8
excluded from the schools--tell the student 9
that the suspension or exclusion continues 10
until the chief executive makes a final 11
decision about the proposed exclusion; or 12
(b) if the student is not already suspended or 13
excluded from the schools--suspend the 14
student until the chief executive makes a 15
final decision about the proposed exclusion. 16
(3) The suspension starts when the chief executive 17
tells the student about it. 18
301 Continuing education during suspension 19
If the chief executive suspends a student pending a 20
final decision about exclusion, the chief executive 21
must take reasonable steps to arrange for the student's 22
access to an educational program that allows the 23
student to continue the student's education during the 24
suspension. 25
302 Final decision about exclusion 26
(1) The chief executive must make a final decision 27
about exclusion within 30 school days after 28
giving the student a notice under section 300(2) 29
(the proposed exclusion notice). 30
(2) If the chief executive decides not to exclude, the 31
chief executive must-- 32
(a) as soon as practicable, tell the student-- 33
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Education (Strengthening Discipline in State Schools) Amendment Bill 2013
[s 12]
(i) about the decision; and 1
(ii) that the suspension has ended; and 2
(iii) unless the student has been excluded 3
under section 295(3)--that the student 4
may resume attendance at the school at 5
which the student was enrolled on the 6
day of the suspension; and 7
(b) as soon as practicable after telling the 8
student about the decision--give the student 9
a notice in the approved form about the 10
decision. 11
(3) If the chief executive decides to exclude, the 12
chief executive must exclude the student either 13
permanently or for a period of not more than 1 14
year. 15
(4) However, the exclusion can not be longer than the 16
period stated in the proposed exclusion notice. 17
(5) The chief executive must, as soon as practicable 18
after deciding to exclude, give the student a 19
notice in the approved form about the exclusion. 20
(6) The notice mentioned in subsection (5) must state 21
that-- 22
(a) the student may make a written submission 23
to the chief executive asking the chief 24
executive to review the decision under 25
division 6; and 26
(b) if the student is excluded permanently-- the 27
student may make a periodic written 28
submission to the chief executive under 29
division 7. 30
(7) Also, if the chief executive decides to exclude the 31
student from all State schools, the notice must 32
comply with the QCAT Act, section 157(2). 33
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Education (Strengthening Discipline in State Schools) Amendment Bill 2013
[s 13]
303 Effect of exclusion on enrolment 1
If a student is excluded from a State school at which 2
the student is enrolled, the enrolment is taken to be 3
cancelled. 4
304 Continuing education during exclusion of 5
certain students 6
(1) This section applies to a student of a State school 7
who is-- 8
(a) of compulsory school age; or 9
(b) a young person in the compulsory 10
participation phase. 11
(2) If the student is excluded from all State schools, 12
the chief executive must take reasonable steps to 13
arrange for the student's access to an educational 14
program that allows the student to continue the 15
student's education during the exclusion. 16
Clause 13 Renumbering of ch 12, pt 3, divs 4 to 6 17
Chapter 12, part 3, divisions 4 to 6, as in force immediately before 18
the commencement of this section-- 19
renumber as chapter 12, part 3, divisions 5 to 7. 20
Clause 14 Amendment of s 305 (Application of div 4) 21
Section 305, heading, `div 4'-- 22
omit, insert-- 23
div 5 24
Clause 15 Amendment of s 309 (Exclusion) 25
Section 309(5)(c), `division 5'-- 26
omit, insert-- 27
division 6 28
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Education (Strengthening Discipline in State Schools) Amendment Bill 2013
[s 16]
Clause 16 Amendment of s 311 (Application of div 5) 1
(1) Section 311, heading, `div 5'-- 2
omit, insert-- 3
div 6 4
(2) Section 311, `section 288F, 293, 302(3)'-- 5
omit, insert-- 6
section 291, 298 7
Clause 17 Amendment of s 312 (Submission against exclusion 8
decision) 9
Section 312(2)(a), `section 288F, 293, 302(3)'-- 10
omit, insert-- 11
section 295(5), 302(5) 12
Clause 18 Amendment of s 313 (Dealing with submissions against 13
exclusions) 14
(1) Section 313(2), `section 288F, 293 or 302(3)'-- 15
omit, insert-- 16
section 291 or 298 17
(2) Section 313(2)(b)(i), `person'-- 18
omit, insert-- 19
excluded person 20
(3) Section 313(2)(b)(iii)-- 21
omit. 22
(4) Section 313(4), `section 302(3)'-- 23
omit, insert-- 24
section 291, 298 25
Page 24
Education (Strengthening Discipline in State Schools) Amendment Bill 2013
[s 19]
Clause 19 Amendment of s 315 (Periodic review of decision to 1
exclude permanently on ground mentioned in s 288B, 289 2
or 298--person under 24 years) 3
(1) Section 315, heading, `s 288B, 289 or 298'-- 4
omit, insert-- 5
s 292 or 299 6
(2) Section 315(1)-- 7
omit, insert-- 8
(1) This section applies to a person under 24 years 9
who is excluded permanently-- 10
(a) from a State school at which the person was 11
enrolled immediately before the exclusion 12
on a ground mentioned in section 292; or 13
(b) from certain State schools on a ground 14
mentioned in section 299; or 15
(c) from all State schools on a ground 16
mentioned in section 299. 17
(3) Section 315(4)(b)(iii)-- 18
omit. 19
(4) Section 315(5)(a) to (d)-- 20
omit, insert-- 21
(a) if the person was excluded on a ground 22
mentioned in section 292(1)(a), (b), (c) or 23
(d), or section 299(1)(a), (b), (c) or (d)--the 24
disobedience, misbehaviour or other 25
conduct is unlikely to recur if the student 26
were allowed to attend the school or 27
schools; or 28
(b) if the person was excluded on a ground 29
mentioned in section 292(1)(e) or 30
299(1)(e)--the student's attendance at the 31
school or schools no longer poses an 32
unacceptable risk to the safety or wellbeing 33
of other students or of staff; or 34
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Education (Strengthening Discipline in State Schools) Amendment Bill 2013
[s 20]
(c) if the person was excluded on a ground 1
mentioned in section 292(2) or 299(2)--it 2
would no longer not be in the best interests 3
of other students or of staff for the student to 4
be enrolled at the school or schools. 5
Clause 20 Replacement of ch 12, pt 3, divs 7 and 8 6
Chapter 12, part 3, divisions 7 and 8, as in force immediately 7
before the commencement of this section-- 8
omit, insert-- 9
Division 8 Cancellation of enrolment 10
of students who are older 11
than compulsory school 12
age 13
316 Principal's power to cancel enrolment 14
(1) The principal of a State school at which a student 15
who is older than compulsory school age is 16
enrolled may, under this division, cancel the 17
enrolment if the principal is reasonably satisfied 18
the ground mentioned in section 317 exists. 19
(2) The enrolment of a student of compulsory school 20
age can not be cancelled under this division. 21
317 Ground for cancellation 22
For section 316(1), the ground for cancellation is that 23
the student's behaviour amounts to a refusal to 24
participate in the educational program provided at the 25
school. 26
318 Notice of cancellation 27
(1) This section applies if the principal of a State 28
school cancels the enrolment of a student under 29
section 316(1). 30
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Education (Strengthening Discipline in State Schools) Amendment Bill 2013
[s 20]
(2) The principal must give the student a notice in 1
the approved form about the cancellation 2
stating-- 3
(a) an application for the enrolment of the 4
student at the school can not be made for a 5
stated period of not more than 12 months 6
after the giving of the notice; and 7
(b) the student may make a written submission 8
against the cancellation to the chief 9
executive. 10
(3) If the student receives a notice under subsection 11
(2), an application for the enrolment of the 12
student at the school can not be made during the 13
period stated in the notice under subsection 14
(2)(a). 15
319 Submission against cancellation 16
(1) This section applies if the principal of a State 17
school cancels the enrolment of a student under 18
section 316(1). 19
(2) The student may make a written submission 20
against the cancellation. 21
Note-- 22
See also section 331 (Parent may also make submission, 23
representation or application). 24
(3) The submission must be made to the chief 25
executive and state fully the grounds for the 26
submission and the facts relied on. 27
320 Dealing with submission against cancellation 28
(1) If a submission is made to the chief executive 29
under section 319(2), the chief executive must, as 30
soon as practicable after receiving it, review the 31
principal's decision to cancel the enrolment 32
and-- 33
Page 27
Education (Strengthening Discipline in State Schools) Amendment Bill 2013
[s 21]
(a) confirm the decision; or 1
(b) vary the decision; or 2
(c) set aside the decision and substitute another 3
decision. 4
(2) As soon as practicable after making the decision 5
under subsection (1), the chief executive must tell 6
the student and the principal-- 7
(a) about the decision; and 8
(b) if the decision allows the student to make an 9
application for enrolment at the school 10
earlier than if the principal's decision had 11
been confirmed--when the student may 12
make the application. 13
(3) As soon as practicable after telling the student 14
and the principal, the chief executive must give 15
each of them a notice in the approved form about 16
the decision. 17
Clause 21 Amendment of s 328 (Definitions for div 9) 18
Section 328, definition student, paragraph (b), `division 7'-- 19
omit, insert-- 20
division 8 21
Clause 22 Amendment of s 329 (No entitlement to enrolment at 22
another State school during suspension) 23
Section 329, after `the suspension'-- 24
insert-- 25
unless the enrolment is approved by the chief 26
executive 27
Clause 23 Amendment of s 331 (Submissions, representations or 28
applications about suspensions etc.) 29
(1) Section 331, heading-- 30
Page 28
Education (Strengthening Discipline in State Schools) Amendment Bill 2013
[s 24]
omit, insert-- 1
331 Parent may also make submission, 2
representation or application 3
(2) Section 331(1)(a)(i) to (v)-- 4
omit, insert-- 5
(i) a suspension under section 283(1)(b) or (c); 6
(ii) an exclusion under section 295(3) or 302(3); 7
(iii) a proposed exclusion under section 306; 8
(iv) an exclusion under section 309; 9
(v) a cancellation of enrolment under section 10
316; and 11
Clause 24 Amendment of s 332 (When decisions take effect) 12
Section 332(2)(a)-- 13
omit, insert-- 14
(a) if the student must be told about the 15
decision--on the day the student is told 16
about the decision; or 17
Clause 25 Replacement of s 362 (Noncompliance with dress code) 18
Section 362-- 19
omit, insert-- 20
362 Noncompliance with dress code 21
(1) This section applies if a student of a State school 22
does not comply with a dress code for the 23
school's students. 24
(2) The noncompliance can not be a ground for any 25
of the following-- 26
(a) suspending the student under part 3, division 27
2; 28
Page 29
Education (Strengthening Discipline in State Schools) Amendment Bill 2013
[s 26]
(b) excluding the student under part 3, division 1
3 or 4; 2
(c) cancelling the student's enrolment under 3
part 3, division 8. 4
Clause 26 Amendment of ch 15, pt 4 hdg 5
Chapter 15, part 4 heading, `302(4) or 309(6)'-- 6
omit, insert-- 7
302(3) or 309(3) 8
Clause 27 Amendment of s 401 (Definition for pt 4) 9
(1) Section 401, definition aggrieved person, paragraph (c)-- 10
renumber as paragraph (d). 11
(2) Section 401, definition aggrieved person, paragraph (b)-- 12
omit, insert-- 13
(b) a student aggrieved by the chief executive's 14
decision under section 72; or 15
(c) a student aggrieved by the chief executive's 16
decision under section 302(3) or 309(3) to 17
exclude the student from all State schools; 18
or 19
Clause 28 Insertion of new ch 20, pt 7 20
Chapter 20-- 21
insert-- 22
Page 30
Education (Strengthening Discipline in State Schools) Amendment Bill 2013
[s 28]
Part 7 Transitional provisions 1
for Education 2
(Strengthening 3
Discipline in State 4
Schools) Amendment 5
Act 2013 6
516 Definitions for pt 7 7
In this part-- 8
amending Act means the Education 9
(Strengthening Discipline in State Schools) 10
Amendment Act 2013. 11
commencement means the commencement of 12
this section. 13
pre-amended Act means this Act as in force 14
immediately before the commencement. 15
517 Existing policy and procedures 16
(1) This section applies if-- 17
(a) the chief executive has made a policy or 18
procedure about the way in which principals 19
of State schools are to control and regulate 20
student discipline; and 21
(b) the policy or procedure is in force 22
immediately before the commencement. 23
(2) The policy or procedure is taken to be a policy or 24
procedure made by the chief executive under 25
section 276. 26
Page 31
Education (Strengthening Discipline in State Schools) Amendment Bill 2013
[s 28]
518 Suspension of student 1
(1) This section applies if a student was suspended 2
from a State school under the pre-amended Act, 3
section 285 before the commencement. 4
(2) The pre-amended Act continues to apply for the 5
suspension as if the amending Act had not been 6
enacted. 7
519 Suspension and proposed exclusion of 8
student by principal 9
(1) This section applies if a student was given a 10
notice proposing exclusion, and suspended, 11
under the pre-amended Act, section 288C before 12
the commencement. 13
(2) The pre-amended Act continues to apply for the 14
proposed exclusion and suspension as if the 15
amending Act had not been enacted. 16
520 Exclusion of student by principal 17
(1) This section applies if a student is excluded from 18
a school, under the pre-amended Act, section 19
288F either before or after the commencement. 20
(2) The student is taken to be excluded from the 21
school under section 295(3) as in force after the 22
commencement. 23
(3) The notice given to the student under the 24
pre-amended Act, section 288F(3) is taken to 25
state the matters mentioned in section 295(6) as 26
in force immediately after the commencement. 27
521 Recommendation to principal's supervisor for 28
exclusion and suspension 29
(1) This section applies if a principal recommended 30
to the principal's supervisor that a student be 31
excluded from a school or schools, and 32
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Education (Strengthening Discipline in State Schools) Amendment Bill 2013
[s 28]
suspended the student, under the pre-amended 1
Act, section 290 before the commencement. 2
(2) The pre-amended Act continues to apply for the 3
recommendation and suspension as if the 4
amending Act had not been enacted. 5
522 Exclusion of student by principal's supervisor 6
(1) This section applies if a student is excluded from 7
a school or schools, under the pre-amended Act, 8
section 293 either before or after the 9
commencement. 10
(2) The student is taken to be excluded from the 11
school under section 295(3) as in force after the 12
commencement. 13
(3) The notice given to the student under the 14
pre-amended Act, section 293(3) is taken to state 15
the matters mentioned in section 295(6) as in 16
force immediately after the commencement. 17
523 Suspension and proposed exclusion of 18
student by chief executive 19
(1) This section applies if the chief executive gave a 20
student a notice under the pre-amended Act, 21
section 300 in relation to the student's suspension 22
and proposed exclusion before the 23
commencement. 24
(2) The pre-amended Act continues to apply for the 25
notice as if the amending Act had not been 26
enacted. 27
524 Exclusion of student by chief executive 28
(1) This section applies if a student is excluded from 29
a school or schools, under the pre-amended Act, 30
section 302 either before or after the 31
commencement. 32
Page 33
Education (Strengthening Discipline in State Schools) Amendment Bill 2013
[s 29]
(2) The student is taken to be excluded from the 1
school or schools under section 302(3) as in force 2
after the commencement. 3
(3) The notice given to the student under the 4
pre-amended Act, section 302(3) is taken to state 5
the matters mentioned in section 302(6) and (7) 6
as in force immediately after the commencement. 7
525 Show cause notice about cancellation of 8
enrolment 9
(1) This section applies if a principal gave a student a 10
show cause notice under the pre-amended Act, 11
section 317 before the commencement. 12
(2) The pre-amended Act continues to apply for the 13
show cause notice as if the amending Act had not 14
been enacted. 15
526 Cancellation of enrolment 16
(1) This section applies if a principal cancels the 17
enrolment of a student at a school, under the 18
pre-amended Act, section 320 either before or 19
after the commencement. 20
(2) The enrolment of the student is taken to be 21
cancelled under section 316(1) as in force after 22
the commencement. 23
(3) The notice given to the student under the 24
pre-amended Act, section 320(4) is taken to state 25
the matters mentioned in section 318(2) as in 26
force immediately after the commencement. 27
Clause 29 Amendment of sch 4 (Dictionary) 28
(1) Schedule 4, definitions appropriately qualified, approved 29
behaviour plan, behaviour improvement condition, behaviour 30
management program, challenging behaviour, misconduct, 31
Page 34
Education (Strengthening Discipline in State Schools) Amendment Bill 2013
[s 29]
notice proposing exclusion, notice recommending exclusion 1
and person under the cancellation-- 2
omit. 3
(2) Schedule 4-- 4
insert-- 5
charge, for chapter 12, part 3, see section 280. 6
charge-related ground, for chapter 12, part 3, see 7
section 280. 8
conduct, for chapter 12, part 3, see section 280. 9
dealt with, for chapter 12, part 3, see section 280. 10
offence, for chapter 12, part 3, see section 280. 11
(3) Schedule 4, definitions accepted representations, show cause 12
notice and show cause period, paragraph (d), `division 4'-- 13
omit, insert-- 14
division 5 15
(4) Schedule 4, definitions accepted representations, show cause 16
notice and show cause period, paragraph (e)-- 17
omit. 18
(5) Schedule 4, definitions accepted representations, show cause 19
notice and show cause period, paragraph (f)-- 20
renumber as paragraph (e). 21
(6) Schedule 4, definition external program, paragraph (a), 22
`section 286(2), 288D or 291'-- 23
omit, insert-- 24
section 284, 294 or 301 25
© State of Queensland 2013
Authorised by the Parliamentary Counsel
Page 35
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