Education Act 1989

11F How to select applicants who live outside home zone

(1)

The order of priority in which applicants who live outside a school’s home zone are to be offered places at the school is as follows:

(a)

first priority must be given to any applicant who is accepted for enrolment in a special programme run by the school:

(b)

second priority must be given to any applicant who is the sibling of a current student of the school:

(c)

third priority must be given to any student who is the sibling of a former student of the school:

(d)

fourth priority must be given to any applicant who is a child of a former student of the school:

(e)

fifth priority must be given to any applicant who is either a child of an employee of the board of the school or a child of a member of the board of the school:

(f)

sixth priority must be given to all other applicants.

(2)

If there are more applicants in the second, third, fourth, fifth, or sixth priority groups than there are places available, selection within the priority group must be by ballot conducted in accordance with instructions issued by the Secretary under section 11G.

(3)

For the purposes of this section, child A is the sibling of child B if—

(a)

both children share a common parent; or

(b)

a parent of child A is married to, or in a civil union with, a parent of child B; or

(c)

a parent of child A was married to, or in a civil union with, a parent of child B at the time when child B’s parent died; or

(d)

a parent of child A is the de facto partner of a parent of child B; or

(e)

both children live in the same household and, in recognition of family obligations, are treated by the adults of that household as if they were siblings; or

(f)

the Secretary, by written notice to the school, advises that child A is to be treated as the sibling of child B.

(4)

If 2 or more siblings apply for places at a school at the same level, the applications of those siblings must be dealt with as a single application for the purpose of the ballot.

(5)

Every application for enrolment at a school with an enrolment scheme must be processed by the school in accordance with the enrolment scheme, and may not be declined on technical grounds or on any other ground that would be inconsistent with the purpose and principles set out in section 11A.

Section 11F: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

Section 11F(1)(d): replaced, on 21 December 2010, by section 6(1) of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 11F(1)(e): replaced, on 21 December 2010, by section 6(1) of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 11F(1)(f): inserted, on 21 December 2010, by section 6(1) of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 11F(2): amended, on 21 December 2010, by section 6(2) of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 11F(3)(b): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 11F(3)(c): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 11F(3)(d): replaced, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).