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FACT SHEET
Education Bill 2016
This legislation gives effect to decisions arising from the Review of the Education Act
1994, which commenced in September 2014.
The Education Act establishes the compulsory years of schooling in Tasmania and
regulates the State (government), Catholic and independent education sectors, and
home education. Some parts of the Act are relevant to all students and sectors
(eg, enrolment and attendance), other parts deal specifically with State schools or
registered schools (Catholic and independent), or home education.
The Education Act 2016 will replace the current Education Act 1994, Youth Participation
in Education and Training (Guaranteeing Futures) Act 2005 and the Education and Training
(Tasmanian Academy) Act 2008.
Currently, the Education Act prescribes the compulsory years of schooling, including the
requirement for children to complete the year in which they turn 16 (generally
Year 10). The Youth Participation in Education and Training (Guaranteeing Futures) Act
2005 then requires students to remain in education and training until they turn 17
(usually Year 11).
The Education and Training (Tasmanian Academy) Act 2008 regulates some colleges in
the State school system. The Academy Act is the last vestige of the Tasmania Tomorrow
initiative. It was not considered as part of the public vocational education and training
review undertaken by Virginia Simmons in 2012 as it was outside the scope of that
work.
The main changes are outlined below.
The Bill contains Objects and Principles to reflect the purpose of the Act and the
principles that underpin education in Tasmania.
The Bill will extend the compulsory years of education and training by:
- establishing a minimum school starting age of 4 years and 6 months with the
compulsory school starting age remaining at 5,
- enabling children to attend kindergarten in the year before Prep from 3 years and
6 months; and
- extending the minimum education and training leaving requirements to completion
of year 12, certificate III or 18, whichever occurs first.
The exemption from the education and training leaving requirements on the basis of
employment continues. The employment requirement has been increased from
25 hours to 35 hours a week in line with the Australian Bureau of Statistics’ definition of
full-time employment.
These changes will take effect in 2020.
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There are new measures to support attendance and participation:
- a new compulsory conciliation conference process to help resolve the reasons for
chronic unexplained non-attendance,
- collection of information in regard to behaviour of children who have conditions
where their behaviour poses a risk of harm to themselves or others so that risk
management plans can be developed to minimise or alleviate those risks,
- formalised arrangements for students with disability that enable dual enrolment
across support and mainstream schools, and between the government and
non-government sectors, and
- the ability to enable children who are home educated to partially enrol in a school
as part of their home education program.
A statutory officer, Registrar – Education, has been created to manage the
administration of compulsory conciliation conferences, non-government school
registration and home education regulation. This position is independent of the
Department of Education. It replaces a part-time registrar position that supported the
Schools Registration Board.
State schools
The behaviour management and discipline framework has been updated to ensure best
practice approaches such as restorative justice are exhausted before suspension can be
used, unless there is an immediate need to remove a student who is posing a risk to
other students or staff. Where a student is suspended, alternative educational
arrangements must be made.
The Secretary will be responsible for determining home areas, which are now called
intake areas, for schools at least every five years.
School associations are incorporated under the Education Act rather than under the
Associations Incorporation Act 1964. Incorporation will provide legal protections as well
as a platform for school associations to continue to be able to apply for grants.
The Department received advice that incorporation would not protect individual
members from being sued in addition to an association. A new provision has been
included to provide immunity from liability of an association member where they have
acted in good faith. The liability will instead rest with the Crown.
Associations will need the Secretary’s approval to employ staff, own property, borrow
money or enter into contracts over a certain amount. This will, for example, enable the
Secretary to ensure that proper governance and risk management strategies are in place
to protect associations and not expose the Crown to unnecessary risk.
Non-government schools
The Schools Registration Board has been renamed to more accurately reflect is role. It
is now the Non-government Schools Registration Board. Board membership remains
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representative and a skills requirement has been added to strengthen the skills base of
the Board.
Registration options have been expanded and tailored so that schools can apply to
register as a new school, to re-register as an existing school, or as systems of schools.
The Board will now have more flexibility as it will be able to register with conditions
where the outstanding issues do not put students or staff at risk and where the
deficiency can be rectified within a timeframe set by the Board.
Standards against which non-government schools are assessed will be in Regulation.
Home education
Provisions regulating home education have been expanded from one section in the
current Act to reflect current administrative processes as far as is possible.
The Tasmanian Home Education Advisory Council is established by the Bill. The
majority of Council members will be people with home education experience.
Standards for home education programs will be in Regulation.
Transitional provisions
Transitional matters including:
- continuation of the current compulsory school starting age until 1 January
2020,
- continuation of the current minimum education and training leaving age of 17
until 1 January 2020,
- continuation of terms of members the Schools Registration Board as the
initial members of the Non-government Schools Registration Board,
- continuation of the terms of members of the Tasmanian Home Education
Advisory Council as initial members of the Tasmanian Home Education
Advisory Council,
- continuation of registration of existing non-government schools,
- continuation of registration of existing home educators,
- continuation of a range of operational decisions such as approvals for
exemption from the requirement to enrol, for part-time attendance and
disciplinary sanctions,
- continuation of school associations,
- cancellation of incorporation of school associations under the Associations
Incorporation Act 1964 as they will be incorporated under the Education Act
2016, and
- transfer of documents, contracts and legal matters.
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A number of Acts will also be repealed as set out in the Bill.
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