Education Act 1989

65B Terms

(1)

The Minister may, before 1 July in any year, prescribe (by reference to specific dates, specified days, the number of half-days prescribed under section 65A, or any 2 or more of those means)—

(a)

the terms that schools must observe during the next year; or

(b)

a means for ascertaining or determining those terms.

(2)

Every board must ensure that each school it administers is open for instruction for 1 half-day that finishes at or before noon and 1 half-day that starts at or after noon on every day during the terms prescribed, ascertained, or determined under subsection (1).

(3)

However, a board may vary the time at which any 1 or more half-days take place (for example, by starting a second half-day before noon) if the board—

(a)

has adequately consulted parents, staff, the local community, and any other person who the board considers may be affected, about the proposed variation and it is generally acceptable; and

(b)

is satisfied that the adoption of the proposal will not result in the students of the school spending less time in school than other students in comparable schools and other local schools; and

(c)

has taken all reasonable steps to notify students and parents in writing of the board’s final decision on the proposed variation.

(3A)

A board may also vary the time at which any 1 or more half-days take place without satisfying the requirements in subsection (3)(a) if—

(a)

the variation is made for operational reasons; and

(b)

the variation applies for no more than 2 days; and

(c)

the board has not made a variation under this subsection during the previous 6 weeks.

(3B)

A student enrolled at a State school must comply with section 25 even if the school’s board varies the time of any 1 or more half-days.

(3C)

On any day, a school is not open for instruction at all if it is open for less than 1 half-day.

(3D)

To avoid doubt, if a school opens on any day for only 1 half-day, that half-day may be counted towards the number of half-days prescribed by the Minister under section 65A(1).

(4)

Where the Minister has not in fact prescribed terms, or a means of ascertaining or determining them, under subsection (1) in respect of any year, the Minister shall be deemed to have prescribed in respect of the year the terms or means prescribed (or deemed under this subsection to have been prescribed) in respect of the year before.

Section 65B: inserted, on 23 July 1990, by section 17(1) of the Education Amendment Act 1990 (1990 No 60).

Section 65B(1): amended, on 20 May 2010, by section 18 of the Education Amendment Act 2010 (2010 No 25).

Section 65B(2): replaced, on 29 October 2016, by section 8 of the Education Legislation Act 2016 (2016 No 72).

Section 65B(3): replaced, on 29 October 2016, by section 8 of the Education Legislation Act 2016 (2016 No 72).

Section 65B(3A): inserted, on 29 October 2016, by section 8 of the Education Legislation Act 2016 (2016 No 72).

Section 65B(3B): inserted, on 29 October 2016, by section 8 of the Education Legislation Act 2016 (2016 No 72).

Section 65B(3C): inserted, on 29 October 2016, by section 8 of the Education Legislation Act 2016 (2016 No 72).

Section 65B(3D): inserted, on 29 October 2016, by section 8 of the Education Legislation Act 2016 (2016 No 72).