Version No. 001
Education (Prescribed Age) Regulations 1999
S.R. No. 7/1999
Version as at 9 February 1999
table of provisions
RegulationPage
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RegulationPage
1.Objective
2.Authorising provisions
3.Application
4.Definitions
5.Minimum age for State schools
6.Age limits for State schools
7.Special State schools
8.English language State schools or centres
9.Exemptions
10.Transitional
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ENDnotes
1. General Information
2. Table of Amendments
3. Explanatory Details
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Version No. 001
Education (Prescribed Age) Regulations 1999
S.R. No. 7/1999
Version as at 9 February 1999
1
S.R. No. 7/1999
Education (Prescribed Age) Regulations 1999
1.Objective
The objective of these Regulations is to make provision for age requirements for enrolment and attendance at State schools and participation in programs and courses of study at State schools.
2.Authorising provisions
These Regulations are made under sections 25C, 82 and 83 of the Education Act 1958.
3.Application
These Regulations do not apply to a Technical and Further Education Program, Adult Community and Further Education Program, Vocational Education Program or other program conducted on State school premises outside normal school hours.
4.Definitions
In these Regulations—
"English language State school or centre" means a State school that offers pupils a full time and intensive English language program for a minimum of 6 or a maximum of 12months and includes a part of a State school that offers such a program;
"metropolitan area" has the same meaning as "metropolitan municipal district" has in the Public Holidays Act 1993 and includes French Island;
"special State school" means a State school that provides educational programs solely or mainly for pupils with disabilities or impairments irrespective of whether the word "special" is part of its school name and includes a special developmental school and specialist school;
"VCE" means—
(a)a course of study that will enable the pupil to complete no fewer than 16units of study over no more than a continuous 3 year period being units of study that meet the minimum requirements of the Board of Studies for the award of the Victorian Certificate of Education; or
(b)a course of study approved by the Minister that leads to the completion ofthe Victorian Certificate of Education or a course of study that, in the opinion of the Minister, is equivalent to the course of study referred to in paragraph (a).
5.Minimum age for State schools
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(1)A child under 6 years of age is not entitled to—
(a)be enrolled at any State school; or
(b)attend a State school; or
(c)enrol, attend or participate in any course of study offered, conducted or provided by a State school; or
(d)continue to be so enrolled or to so attend or participate.
(2)Sub-regulation (1) does not apply to—
(a)a child who will have attained the age of 5years by 30 April of the year in which the enrolment, attendance, participation or continuation of attendance or participation is sought if the enrolment, attendance, participation or continuation of attendance or participation relates to a course of primary education or a course approved by the Minister; or
(b)a preschool program conducted on State school premises.
6.Age limits for State schools
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(1)A person who is aged 18 years or over and under 21 years of age on 1 January in a particular year is not entitled in that year to enrol at or attend a State school or to enrol in, attend or participate in any course of study offered, conducted or provided by a State school unless the person is enrolled at that school solely in the VCE.
(2)A person who is aged 21 years or over on 1January in a particular year is not entitled in that year to be enrolled at or attend a State school, or to enrol in, attend or participate in a course of study offered, conducted or provided by such a State school unless—
(a)the person is enrolled at that school solely in the VCE; and
(b)the State school is situated outside the metropolitan area and there is no Technical and Further Education institution or alternative provider (other than another State school) offering the VCE within a distance from that school that can be travelled within 45 minutes by using the public transport or school bus service that is closest to the person's place of residence; and
(c)there is no Technical and Further Education institution or alternative provider through which the person could reasonably study the VCE through correspondence or other method of study.
7.Special State schools
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A person who is aged 18 years or over on 1January in a particular year is not entitled in that year to enrol at or attend a special State school or to enrol in, attend or participate in any course of study offered, conducted or provided by a special State school.
8.English language State schools or centres
(1)A person who is aged 18 years or over on 1January in a particular year is not entitled in that year to enrol at or attend an English language State school or centre or to enrol in, attend or participate in an intensive English program offered, conducted or provided by such a school or centre.
(2)A person enrolled at or attending an English language State school or centre or attending or participating in an intensive language program offered, conducted or provided by such a school or centre is entitled to be so enrolled or to so attend or participate in the year in which he or she attains 18 years of age and in the following year solely for the purpose of completing the program.
9.Exemptions
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(1)The Minister may exempt a person from the requirements of—
(a)regulation 5, if—
(i)the person requires extra support or assistance or possesses suitable academic ability; and
(ii)the Minister considers it is in the person's best interests to be enrolled at or to attend a State school or to enrol, attend or participate in any course of study offered, conducted or provided by a State school or to so continue to attend or participate;
(b)regulation 6, if the person, due to circumstances of a temporary nature beyond that person's control or lack of educational facilities, has been unable to complete year 10 in time to satisfy the age requirements in regulation 6 and will be under 21 years of age on 31 December in the year of completing year 10 if the exemption is granted;
(c)regulation 7, if there is no reasonable alternative to the person undertaking the VCE.
(2)An exemption under this regulation may be granted for such period as the Minister determines.
10.Transitional
(1)A person enrolled in a State school in the VCE immediately prior to the commencement of these Regulations is entitled to continue to be enrolled in that school on conditions no less favourable to those applying to that person immediately prior to the commencement of these Regulations for the purpose of completing the VCE.
(2)An entitlement under this regulation ceases on 31December 2000.
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ENDnotes
Endnotes
1.General Information
The Education (Prescribed Age) Regulations 1999, S.R.No.7/1999 were made on 9 February 1999 by the Governor in Council under sections 25C, 82 and 83 of the Education Act 1958, No.6240/1958 and came into operation on 9 February 1999.
The Education (Prescribed Age) Regulations 1999 will sunset 10 years after the day of making on 9 February 2009 (see section 5 of the Subordinate Legislation Act 1994).
2.Table of Amendments
Endnotes
There are no amendments made to the Education (Prescribed Age) Regulations 1999 by statutory rules, subordinate instruments and Acts.
3.Explanatory Details
Endnotes
No entries at date of publication.
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