Government passes legislation to replace 1928 Education Act

23/9/99
The Western Australian Government today passed legislation to replace the 1928 Education Act.
Education Minister Colin Barnett said it was an historic occasion, bringing to an end a long and complex process of development and community and parliamentary debate.
"The 71-year-old Act was antiquated and no longer appropriate to school management in the 1990s," Mr Barnett said.
"For example, it describes compulsory attendance requirements in terms of children's capacity to walk three miles to school and among the regulations is a provision for teachers to air the classrooms during recess periods.
"The new School Education Act is long overdue. Apart from the ACT where the Act dates back to 1937, corresponding legislation in other States is much younger, dating from between 1958 and 1994."
Work on the new Act in WA began in 1994 when then Education Minister Norman Moore initiated a review.
Mr Barnett said the new Act was based on four key principles including:

• every Western Australian child has a right to receive a school education;
• parents have a right to choose the form of education that best suits their child's needs, whether at a Government school, a non-Government school or in a home schooling setting;
• parents have a responsibility to work together in partnership with schools for children's schooling to be successful; and -
• a Government schooling system must be provided to meet the educational needs of all children.

"There has been extensive public consultation and debate on the Bill, it was released as a Green Bill for 12 weeks' public consultation in June 1997 and more than 300 submissions were received," Mr Barnett said.
"The Bill was debated in Parliament for more than 100 hours over 23 months and 110 amendments were made in that time, which I believe illustrates a willingness on behalf of this Government to listen to the community.
"Now it is finalised, work on preparing the supporting regulations can begin in earnest."
Mr Barnett said the new Act would provide a flexible framework for the future education needs of Western Australians.
"It will not radically change the operation of schools overnight, but will enable changes over time and provide the avenue for schools to consider and initiate change at a pace that suits them," he said.
"Education is a moving feast, it constantly changes and the new Act will reflect and provide for this, allowing for innovation and flair in the system."
Features of the new Education Act 1999 include:

• flexibility in attendance and enrolment. It recognises that today's students spend part of their school time elsewhere, such as at business or industry sites doing work experience, TAFE classes or other special education programs which take them away from the school site.
  
• The new Sevenoaks College at Cannington will operate on a flexible schedule which may see it open during the night and for 48 weeks of the year to provide an educational environment focusing on vocational learning and experience;
  
• introduction of school attendance panels that will enable appropriate intervention in schools where there is a high level of absenteeism. These independent panels will work with students, parents and schools to solve the problem of absenteeism, rather than seek punishment for non-attendance;
• an emphasis on the wishes and interests of parents of children with disabilities regarding enrolment and the child's educational program;
• greater recognition of the role of school principals as key managers in our schools and greater opportunity for community use of school facilities; and -
• possibility to allow schools to establish special purpose funds for specific projects that will improve education for students, such as building up library resources or providing a particular room for a specialist subject such as photography. These funds may be tax deductible. A number of amendments have also enabled greater clarity on matters of advertising and sponsorship in Government schools.

Mr Barnett said an agreement between the Government and Opposition on school boundaries would result in parents having a greater choice of Government schools.
"One of the most controversial aspects of the legislation has been the issue of fees and charges," he said.
"The Bill passed today clarifies what has been a confusing and ambiguous situation for parents and schools.
"The Bill clearly states that contributions in primary schools will be voluntary - possibly capped at $60 - and charges in secondary schools will be compulsory - possibly capped at $235.
Mr Barnett said the current $225 charge in lower secondary schools was compulsory and there had been a policy to refrain from legal recovery.
"There is no suggestion that this leniency will not continue under the new provisions," he said.
"No other piece of legislation governing education in Australia is as clear and unequivocal on this issue of school charges as this Bill.
"The work done in Western Australian on this piece of legislation has been noted by other States, including South Australia which is currently consulting on a State-wide basis using our process of consultation as a model.
"The ACT has also begun the process of reviewing their legislation and is looking at our legislation closely, as is NSW."
The Act will be phased in immediately and be fully operational by May 2000.
A program of professional development and support is being prepared for both Government and non-Government schools beginning early next year.
A comprehensive information package will be provided to parents.
Media contact: Caroline Lacy 9222 9699