4 Enrolment of international students

(1)

Subject to section 4A(3), an international student—

(a)

shall not be enrolled at a State school without the board’s consent; and

(b)

shall not be enrolled in special education without the consent of the person or body administering the institution or service concerned.

(2)

Subject to sections 4B and 13A and to subsections (2A) to (4) of this section, once enrolled at a State school or in special education an international student has the same rights to remain enrolled, and to tuition, at the school as a domestic student.

(2A)

If an international student’s conduct is in breach of the contract of enrolment, the board of the school may take appropriate disciplinary action against the student.

(2B)

For the purposes of subsection (2A), disciplinary action, including suspension, exclusion, or the termination of the student’s enrolment, is appropriate disciplinary action if it is taken in accordance with the most recent code of practice published under section 238F and the contract of enrolment.

(3)

Except as provided in subsection (5), no international student may be enrolled at a State school if the student’s enrolment has the effect that a domestic student who is entitled to enrol there and has applied for enrolment is not able to be enrolled.

(4)

Except as provided in subsection (5), no international student may be enrolled in any subject, course, or programme at a State school if the student’s enrolment has the effect that a domestic student who is entitled to enrol in the subject, course, or programme and has applied for enrolment in it is not able to be enrolled in it.

(5)

Although domestic students may not be able to be enrolled, an international student may be enrolled at a State school, or in any subject, course, or programme at a State school, if the enrolment is in a vacant place—

(a)

that the board established for international students; and

(b)

the continued availability of which is dependent on the fees payable by international students enrolled in it.

(6)

[Repealed]

(7)

As soon as is practicable after an international student is enrolled at a State school, the principal shall give the Secretary written notice of—

(a)

the student’s name, age, and nationality; and

(b)

the day on which the student began (or will begin) to receive tuition at the school.

(8)

Notwithstanding anything in this section or section 4B, with the consent of the principal, an international student may, during a period of not more than 28 consecutive days (or any longer period the Secretary approves for any particular student), receive tuition at or from a State school—

(a)

without the consent of the board; and

(b)

without paying the amount required by section 4B;—

but in that case the student shall not be counted for the purpose of calculating or ascertaining the school’s entitlement to teachers or funding.

Section 4: replaced, on 1 January 1992, by section 3(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 4 heading: amended, on 30 August 2011, by section 6(1) of the Education Amendment Act 2011 (2011 No 66).

Section 4(1): amended, on 30 August 2011, by section 6(2) of the Education Amendment Act 2011 (2011 No 66).

Section 4(1)(b): amended, on 20 May 2010, by section 5 of the Education Amendment Act 2010 (2010 No 25).

Section 4(2): amended, on 30 March 2018, by section 5(1) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

Section 4(2): amended, on 30 August 2011, by section 6(2) of the Education Amendment Act 2011 (2011 No 66).

Section 4(2A): inserted, on 30 March 2018, by section 5(2) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

Section 4(2B): inserted, on 30 March 2018, by section 5(2) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

Section 4(3): replaced, on 30 August 2011, by section 6(3) of the Education Amendment Act 2011 (2011 No 66).

Section 4(4): replaced, on 30 August 2011, by section 6(3) of the Education Amendment Act 2011 (2011 No 66).

Section 4(5): replaced, on 30 August 2011, by section 6(3) of the Education Amendment Act 2011 (2011 No 66).

Section 4(6): repealed, on 30 August 2011, by section 6(3) of the Education Amendment Act 2011 (2011 No 66).

Section 4(7): amended, on 30 August 2011, by section 6(2) of the Education Amendment Act 2011 (2011 No 66).

Section 4(8): amended, on 30 August 2011, by section 6(2) of the Education Amendment Act 2011 (2011 No 66).