Tasmania has released the Education Bill 2016 (the Bill), a proposed new law that will replace the Education Act 1994, the Youth Participation in Education and Training (Guaranteeing Futures) Act 2005 and the Education and Training (Tasmanian Academy) Act 2008. The Bill, if passed in its current form, will lead to significant changes for schools, parents, teachers and students as it proposes several changes and a restructuring of all Tasmanian education law.

Key changes include:

• one piece of legislation instead of three;
• extending the compulsory years of education;
• a new compulsory conciliation process that addresses student non-attendance;
• allowing for the collection of information to best develop risk management plans for students with conditions that increase risk of harm to themselves or others;
• dual enrolment of students with disability;
• the ability to create minimum standards of adult behaviour in schools; and
• increased options in the registration of non-government schools.

Purpose of the Bill

The Bill was introduced following a review of Tasmania’s education laws. The new Bill aims to consolidate the different laws into one core statute to streamline the legislative framework and make it easier for all schools to understand their obligations. The Bill also addresses several core issues with the Tasmanian education system, which are linked to the high levels of socio-economic disadvantage in the State. Rates of retention and completion of Year 12 are below the national average and the overall results of Tasmanian students in the 2015 National Assessment Program – Literacy and Numeracy (NAPLAN) were the second lowest of all States and Territories. The overhaul of the Education Act 1994 aims to address entrenched problems with the Tasmanian education system, as well as to bring the State’s laws in line with other jurisdictions.

Key reforms

The Bill proposes changes to a range of areas and also amends existing provisions. Some of the key reforms noted within the Bill are:

• extending compulsory years of education and training: the proposed minimum starting age for school will be 4 years and 6 months (the current minimum age is 5 years), with a flow-on to Kindergarten entry age of 3 years and 6 months. This change brings Tasmania into line with other States and Territories. The minimum leaving requirement will also be changed to the completion of Year 12 (or equivalent) or until 18, whichever occurs first;
• compulsory conciliation process: the new compulsory conciliation conference process will be used in schools where school-based processes have failed to resolve student attendance issues. A Registrar will manage the process, which would involve a mediator, the school, the student and the family. It is intended to be a collaborative process that would enable schools and families to work together to try to resolve issues or change attitudes that have led to the poor attendance issue;
• collecting information for risk management plans for behaviour management: prescribed authorities, including principals, will have the ability to request information about a child from a number of different sources if the child has a condition which may lead to, or cause behaviour, that leads to a risk of harm to themselves or others. This information is expected to be used to develop a more effective risk management plan;
• dual enrolment of students with disability: providing for dual enrolment of students with disability between a mainstream and special school across all school sectors;
• minimum standards of adult behaviour: the principal of a school can require that an adult leave school premises if, in the principal’s opinion, they are behaving unacceptably. An adult who has been told in writing or verbally to leave the school must comply with this request and may not re-enter the premises for any period specified by the principal; and
• greater flexibility with registration: non-government schools will have increased options within the registration process and groups of schools will be able to register as a system. A system of schools must have at least eight schools, all owned by the same legal entity.

Review process

The changes proposed by the Bill are substantial, especially regarding the extended compulsory years of education. One issue raised by the Tasmanian Department of Education in its Regulatory Impact Statement was the possible need for schools to expand their senior years, as the increase in compulsory schooling years will in turn lead to more students staying until the end of Year 12. However, any increased costs will be offset by government funding, which is enrolment-based, and possibly by enrolment and tuition fees in non-government schools.

Importantly, the Bill is to go through a public review process where stakeholders are invited to give their opinion of the new law. A final draft of the Bill will then be published, and the Bill may be passed by the end of the year. Currently, changes to compulsory education years are proposed to affect students enrolled in Year 7 in 2016 and the new minimum age will affect children born this year. Schools should monitor these changes closely so they are aware if their legal obligations are changed.

For more details on the Bill, the Tasmanian Government has released the full draft and commentary, which can be accessed here. Feedback can be provided via an online survey. Submissions will close at 5pm on 13 May 2016.