68 Restrictions on enrolment at distance school

(1)

The Minister may, by notice, fix criteria for enrolment in early childhood, primary, and secondary education at a distance school.

(2)

A notice under subsection (1) may fix different criteria for—

(a)

different distance schools:

(b)

distance schools of different classes or descriptions:

(c)

early childhood, primary, and secondary classes at distance schools.

(3)

A person may not be enrolled at a distance school unless—

(a)

the school’s board is satisfied that the person’s enrolment meets the criteria fixed under subsection (1) (if any); or

(b)

the person is entitled under section 33 to free education at a State school and the Secretary has directed the distance school’s board to enrol the person.

(4)

The Secretary may not give a direction under subsection (3)(b) unless satisfied that the only State school that the person can conveniently attend is a distance school.

(5)

If the Secretary is satisfied that a person who is enrolled at a distance school in accordance with a direction under subsection (3)(b) can conveniently attend a State school that is not a distance school, the Secretary may notify the board of the distance school of that fact.

(6)

If the board of a distance school receives a notice under subsection (5), it must cancel the person’s enrolment unless the board is satisfied that the person’s enrolment meets the criteria fixed under subsection (1) (if any).

(7)

The board of a distance school must cancel the enrolment if it is satisfied that—

(a)

a person’s enrolment at a distance school does not meet the criteria fixed under subsection (1) (if any); and

(b)

a direction under subsection (3)(b) has not been made in respect of the person relating to the school.

(8)

The board of a distance school may delegate the task of being satisfied that enrolments meet or do not meet the criteria fixed under subsection (1) (if any) to the principal.

(9)

For the purposes of subsection (4), the distance school must offer education at the level, and in the subjects, required by the person or a parent of the person.

(10)

A notice under subsection (1) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Compare: 1989 No 80 s 7

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationThe maker must publish it in the GazetteLA19 ss 73, 74(1)(a), Sch 1 cl 14
PresentationIt is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 of the Legislation Act 2019LA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 68(1): amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 68(10): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).