Education Act 1989

156 Designated character schools

• (1) Subject to subsection (2), the Minister may, by notice in the Gazette when establishing the school, designate a State school as a designated character school.

  (2) The Minister shall not establish a school as a designated character school unless satisfied that—

  • (a) the parents of at least 21 people who would, if the school were established, be entitled to free enrolment there, want the school to be established; and

  • (b) the parents want the school to have a character that is in some specific way or ways different from the character of ordinary State schools; and

  • (c) the parents have given the Minister a clear written description and explanation (expressed in the form of aims, purposes, and objectives for the school) of the way or ways; and

  • (d) students at a school with such a character would get an education of a kind that—

    • (i) differs significantly from the education they would get at an ordinary State school; and

    • (ii) is not available at any other State school that children of the parents concerned can conveniently attend; and

  • (e) it is desirable for students whose parents want them to do so to get such an education.

  (3) The Minister may in the Minister's absolute discretion refuse to establish a designated character school.

  (4) The notice establishing a designated character school shall specify the aims, purposes, and objectives that constitute its designated character; and every charter and proposed charter for the school shall be deemed to contain them.

  (5) The notice shall also specify the constitution of the school's board.

  (6) The Minister may from time to time, after consultation with the board of a designated character school, by notice in the Gazette amend—

  • (a) the aims, purposes, and objectives that constitute the school's designated character; or

  • (b) the constitution of its board.

  (7) The Secretary must from time to time, by written notice to the designated character school, fix a maximum roll of the school, and—

  • (a) the board must ensure that the number of students enrolled at the school is not more than the maximum roll; and

  • (b) the board may refuse the enrolments of people whose parents do not accept the aims, purposes, and objectives that constitute the school's designated character.

  (8) Except as provided in this section and section 11PB, this Act and the Education Act 1964 shall apply to every designated character school as if it is not a designated character school.

  Section 156: added, on 1 January 1990, by section 14 of the Education Amendment Act 1989 (1989 No 156).

  Section 156(7): substituted, on 19 December 1998, by section 6(3)(a) of the Education Amendment Act (No 2) 1998 (1998 No 118).

  Section 156(8): amended, on 8 July 2000, by section 26(5) of the Education Amendment Act 2000 (2000 No 21).

  Section 156(8): amended, on 19 December 1998, by section 6(3)(b) of the Education Amendment Act (No 2) 1998 (1998 No 118).