This Act commences on a day or days to be appointed by proclamation.
(2)
Different days may be appointed for the commencement of section 133 for the purpose of repealing different provisions of an Act or regulation on different days.
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Definitions
(1)
In this Act:
Board means the Board of Studies constituted by this Act.
compulsory school-age means any age of or above 6 years and below 15 years.
corporal punishment of a student means the application of physical force in order to punish or correct the student, but does not include the application of force only to prevent personal injury to, or damage to or the destruction of property of, any person (including the student).
Director-General means the Director-General of the Department of Education and Training.
distance education means a form of education in which students and teachers are not regularly in the presence of each other but communicate with each other in writing, by print or by electronic or like means.
government school means a school established under this Act by the Minister.
non-government school means a registered non-government school.
overseas student means a student who holds a visa under the Migration Act 1958 of the Commonwealth that enables the student to study in New South Wales, but does not include the holder of a permanent visa or special category visa within the meaning of that Act.
parent includes a guardian or other person having the custody or care of a child.
principal includes an acting principal of a school.
proprietor, in relation to a registered non-government school, means the legal entity designated, in the school’s certificate of registration, as the proprietor of the school.
recognised certificate means a School Certificate or Higher School Certificate granted under Part 8.
registered non-government school means a school, other than a government school, for the time being registered under Part 7.
responsible person for a school means:
(a)
the proprietor of the school and, if the proprietor is a corporation, each director or person concerned in the management of the school, or
(b)
a member of the governing body of the school, or
(c)
the principal of the school.
system of non-government schools means a system of non-government schools for the time being approved by the Minister under Part 7.
TAFE establishment has the same meaning as it has in the Technical and Further Education Commission Act 1990.
Tribunal means the Administrative Decisions Tribunal established by the Administrative Decisions Tribunal Act 1997.
(2)
In this Act:
(a)
a reference to a function includes a reference to a power, authority and duty, and
(b)
a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
(3)
Notes included in this Act do not form part of this Act.
In enacting this Act, Parliament has had regard to the following principles:
(a)
every child has the right to receive an education,
(b)
the education of a child is primarily the responsibility of the child’s parents,
(c)
it is the duty of the State to ensure that every child receives an education of the highest quality,
(d)
the principal responsibility of the State in the education of children is the provision of public education.
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Principal objects of this Act
The principal objects of this Act are as follows:
(a)
to set out aspects of the school curriculum, including the minimum curriculum for school registration and the curriculum for School Certificate and Higher School Certificate candidates,
(b)
to provide for the establishment and operation of government schools,
(c)
to ensure that only government schools established under this Act or non-government schools registered under this Act operate in New South Wales,
(d)
to allow children to be educated at home,
(e)
to provide for the grant of School Certificates and Higher School Certificates and for the accreditation of non-government schools that are competent to present candidates for those certificates.
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Objects for administration of this Act or of education
(1)
It is the intention of Parliament that every person concerned in the administration of this Act or of education for children of school-age in New South Wales is to have regard (as far as is practicable or appropriate) to the following objects:
(a)
assisting each child to achieve his or her educational potential,
(b)
promotion of a high standard of education in government schools which is provided free of charge for instruction and without discrimination on the ground of sex, race or religion,
(c)
encouraging innovation and diversity within and among schools,
(d)
provision of an education for children that gives them access to opportunities for further study, work or training,
(e)
mitigating educational disadvantages arising from the child’s gender or from geographic, economic, social, cultural, lingual or other causes,
(f)
provision of an education for Aboriginal children that has regard to their special needs,
(g)
development of an understanding of Aboriginal history and culture by all children,
(h)
provision of an education for children from non-English speaking backgrounds that has regard to their special needs,
(i)
recognition of the special problems of rural communities, particularly small and isolated communities,
(j)
provision of opportunities to children with special abilities,
(k)
provision of special educational assistance to children with disabilities,
(l)
development of a teaching staff that is skilled, dedicated and professional,
(m)
provision of opportunities for parents to participate in the education of their children,
(n)
provision of an education for children that promotes family and community values.
(1A)
It is the intention of Parliament that the provision of courses of study required by this Act for the Higher School Certificate has the following objects:
(a)
to provide a curriculum structure that encourages students to complete secondary education,
(b)
to foster the intellectual, social and moral development of students, in particular by developing:
(i)
their knowledge, skills, understanding and attitudes in the fields of study they choose, and
(ii)
their capacity to manage their own learning, and
(iii)
their desire to continue learning in formal or informal settings after school, and
(iv)
their capacity to work with others, and
(v)
their respect for the cultural diversity of Australian society,
(c)
to provide a flexible structure within which students can prepare for:
(i)
further education and training, and
(ii)
employment, and
(iii)
full and active participation as members of the community,
(d)
to provide formal assessment and certification of students’ achievements,
(e)
to provide a context within which schools also have the opportunity to foster the physical and spiritual development of students.
(2)
This section does not limit the operation of any other provision of this Act.
For the purposes of this Act, each of the following is a key learning area for primary education:
— English,
— Mathematics,
— Science and Technology,
— Human Society and its Environment,
— Creative and Practical Arts,
— Personal Development, Health and Physical Education.
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Minimum curriculum for primary education
(1)
The curriculum for primary school children during Kindergarten to Year 6 must meet the following requirements:
(a)
courses of study in each of the 6 key learning areas for primary education are to be provided for each child during each Year,
(b)
courses of study relating to Australia are to be included in the key learning area of Human Society and its Environment,
(c)
courses of study in both Art and Music are to be included in the key learning area of Creative and Practical Arts,
(d)
courses of study in a key learning area are to be appropriate for the children concerned having regard to their level of achievement and needs,
(e)
courses of study in a key learning area are to be provided in accordance with any relevant guidelines developed by the Board and approved by the Minister,
(f)
courses of study in a key learning area are to be based on, and taught in accordance with, a syllabus developed or endorsed by the Board and approved by the Minister.
(2)
The requirements of this section constitute the minimum curriculum for schools providing primary education.
(3)
If requested to do so by the proprietor of a non-government school (or, in the case of a school that is a member of a system of non-government schools, the approved authority for the system), the Board may approve such modifications to the syllabus referred to in subsection (1) (f) as it considers necessary to enable any part of a course of study in a key learning area that appears to the Board to be incompatible with the educational philosophy or religious outlook of the school to be based on, and taught compatibly with, that educational philosophy or religious outlook. The part of the course of study at that school is to be based on and taught in accordance with the syllabus as modified.
(4)
Any modification approved under subsection (3) must be consistent with the guidelines referred to in subsection (1) (e).
Division 2
Secondary education
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Key learning areas for secondary education (Years 7 to 10)
For the purposes of this Act, each of the following is a key learning area for secondary education in Years 7 to 10:
— English,
— Mathematics,
— Science,
— Human Society and its Environment,
— Languages other than English,
— Technological and Applied Studies,
— Creative Arts,
— Personal Development, Health and Physical Education.
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Minimum curriculum for secondary education (Years 7 to 10)
(1)
The curriculum for secondary school children during Year 7 to Year 10 (other than for candidates for the School Certificate) must meet the following requirements:
(a)
courses of study in 6 out of the 8 key learning areas for secondary education are to be provided for each child,
(b)
courses of study in the key learning areas of English, Mathematics, Science and Human Society and its Environment are to be provided during each Year, but the courses of study in the other key learning areas need not be provided during each Year,
(c)
courses of study in a key learning area are to be appropriate for the children concerned having regard to their level of achievement and needs,
(d)
courses of study in a key learning area are to be provided in accordance with any relevant guidelines developed by the Board and approved by the Minister,
(e)
courses of study in a key learning area are to be based on, and taught in accordance with, a syllabus developed or endorsed by the Board and approved by the Minister.
(2)
The requirements of this section constitute the minimum curriculum for schools providing secondary education for children during Year 7 to Year 10 who are not candidates for the School Certificate.
(3)
If requested to do so by the proprietor of a non-government school (or, in the case of a school that is a member of a system of non-government schools, the approved authority for the system), the Board may approve such modifications to the syllabus referred to in subsection (1) (e) as it considers necessary to enable any part of a course of study in a key learning area that appears to the Board to be incompatible with the educational philosophy or religious outlook of the school to be based on, and taught compatibly with, that educational philosophy or religious outlook. The part of the course of study at that school is to be based on and taught in accordance with the syllabus as modified.
(4)
Any modification approved under subsection (3) must be consistent with the guidelines referred to in subsection (1) (d).
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Curriculum for School Certificate candidates
(1)
The curriculum during Year 7 to Year 10 for students who are candidates for the School Certificate must meet the following requirements:
(a)
courses of study in each of the 8 key learning areas for secondary education are to be provided for each student,
(b)
courses of study in the key learning areas of English, Mathematics, Science and Human Society and its Environment are to be provided during each Year, but the courses of study in the other key learning areas need not be provided during each Year,
(c)
courses of study in a key learning area are to be taught in accordance with a syllabus developed or endorsed by the Board and approved by the Minister.
(2)
(Repealed)
(3)
This section does not limit any requirement imposed under section 94 (School Certificate).
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Curriculum for Higher School Certificate candidates
(1)
The curriculum during Year 11 and Year 12 for students who are candidates for the Higher School Certificate must meet the following requirements:
(a)
courses of study of a general description determined by the Minister on the recommendation of the Board are to be provided for each student in each Year,
(b)
those courses of study are to include a course of study in English,
(c)
those courses of study are to comply with a pattern of study determined by the Minister on the recommendation of the Board,
(d)
those courses of study are to be taught in accordance with a syllabus developed or endorsed by the Board and approved by the Minister.
(2)
In making a recommendation to the Minister under this section with respect to a course of study to be provided for students, the Board is, in accordance with criteria specified by the Minister:
(a)
to establish the need for the course, and
(b)
to provide an assurance of its quality, and
(c)
to identify assessment procedures for the course, and
(d)
to identify other implications for educational institutions on the implementation of the course.
(3)
A pattern of study determined under this section may include (but is not limited to) the number of courses to be studied, the sequence in which particular courses are to be taught and the number of units of study that a course is to contain.
(4)
The Minister is to ensure that the courses of study required to be undertaken by students who are candidates for the Higher School Certificate cover a broad range of study and in doing so is to obtain and have regard to the advice of the Board.
(5)
This section does not limit any requirement imposed under section 95 (Higher School Certificate).
Division 3
General
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Courses of study in key learning areas
The general description of the courses of study for students in Kindergarten to Year 10 which may be chosen in a key learning area in order to comply with this Part and the key learning area to which any such course is allocated are to be determined by the Minister on the recommendation of the Board.
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Syllabuses
(1)
The Board may, for the purposes of this Part, develop syllabuses for courses of study or endorse syllabuses developed by schools or other educational bodies.
(2)
The Minister may approve particular syllabuses developed by the Board and may give a general approval for syllabuses endorsed by the Board.
(3)
Any syllabus developed or endorsed by the Board for a particular course of study is to indicate the aims, objectives and desired outcomes in terms of knowledge and skills that should be acquired by children at various levels of achievement by the end of specified stages in the course, and any practical experience that children should acquire by the end of any such stage.
(4)
Any syllabus developed or endorsed by the Board for a particular course of study may indicate generally the period of time that should be allocated to the teaching of the course, but is not to make a specific period of time mandatory.
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Disagreement between Minister and Board
(1)
This section applies to a recommendation of the Board relating to:
(a)
the school curriculum, or
(b)
the nature or content of the recognised certificates, or
(c)
the nature of the assessment or examination process leading to the award of the recognised certificates.
(2)
If the Minister does not approve any recommendation of the Board to which this section applies, the Board may request the Minister (and if so the Minister is required) to make public, as soon as practicable (but within 21 days), the Minister’s decision not to approve the recommendation and the reasons for the decision.
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Additional courses of study and other activities
The total activities of children in any Year are not limited to the courses of study required for any minimum or other curriculum under this Part, but additional courses of study and other activities may be provided for the children.
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Additional curriculum requirements for government schools
(1)
The Minister may determine additional curriculum requirements for children attending government schools.
(2)
Any such additional requirement does not constitute part of the minimum curriculum for schools providing primary or secondary education or an additional requirement for being a candidate for the School Certificate or Higher School Certificate.
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Basic skills testing
(1)
In this section:
basic skills testing means a test of the basic skills of children (such as literacy and numeracy), but does not include a test relating to the teaching of a particular course of study.
(2)
The Minister is to arrange for the conduct of basic skills testing in such government schools and at such times as the Minister may determine.
(3)
The Minister may, at the request of a non-government school, arrange for the conduct of basic skills testing in the school.
