Education Amendment Bill 2008

Debate resumed from 6 May 2008.

Mr THOMAS GEORGE (Lismore) [10.35 a.m.]: I lead on behalf of the Opposition and speak in support of the Education Amendment Bill 2008. However, I would like to raise a few issues of concern to me. The purpose of the bill is to amend the Education Act 1990 to legislate the current practice of charging fees to overseas students, to empower principals to obtain proof of a student's identity, age and residential address and to make other minor changes. The Education Amendment Bill 2008 does not represent any significant deviations from current policy; rather it enshrines existing Department of Education policy in legislation, which I find very interesting.

International students currently enrolled in New South Wales government schools are required to pay school fees ranging from $4,500 per annum to $12,300 per annum, depending on the category of the student. In 2007 there were 11,116 international students enrolled in New South Wales government schools, contributing over $35 million to the Department of Education Training. Victoria, Queensland, South Australia, Western Australia and Tasmania all have legislation covering international student fees. Under the bill the director general has the authority to waive fees under special circumstances.

Allowing schools to obtain proof of the child's name, age and residential address will ensure all principals can establish a child's eligibility prior to enrolment. The Department of Corrective Services will be added to the list of agencies, along with the Department of Juvenile Justice, that may provide information to government schools in relation to a student with a history of violent behaviour. The bill provides for other changes such as allowing the Minister to exempt a child from being enrolled at school, for example, if a child of compulsory school age is not ready to be at school. It also allows the Minister to streamline the process for formally establishing a district council of parents and citizens associations and to clarify that a principal has the power to enrol an adult at school.

The bill represents mechanical changes, not any serious change to existing Government policy, but I have concerns that New South Wales does not have the legislative authority to charge the fees that are being charged. The Department of Education and Training has derived revenue from international students for the past 15 years, which has amounted to approximately $150 million over the past five years. According to the Department of Education and Training the loss of that revenue would have serious implications for the New South Wales education department. I acknowledge the presence in the Chamber of the Parliamentary Secretary for Education and Training, the member for Strathfield. I received a letter from Mrs Jennifer Winfield, which stated:

I am presently a full-time student at Southern Cross University in Lismore enrolled in their 2 year Masters of Indigenous Studies programme. My daughters Georgia and Cally are currently enrolled at Bexhill Public School and it is our wish that our son Finlay joins them there this January.

However, the fees we would be required to pay would be in excess of $13,500 per year for all three of them with sadly only $210 going to the school itself.

The fees, which, I have been informed, cannot be charged legally under current legislation, are for primary school. The family accepted that it had to pay the fees for their children's attendance. It is disgraceful that the little country school keeps only $210 of a $13,500 fee for three students. The legislation will enable the Government to legally charge fees to overseas students, which is what it wants to do. Surely, a little country school that attracts three students should benefit by more than $210. The Winfield family is in the process of making a further representation to have the bulk of the money allocated to their school. The Bexhill Public School has demountable classrooms; it needs a lot of work. The Winfield family is very active in the school's parents and citizens association. The letter continued:

My husband is only able to work 20 hours of week on my visa and for the past year has been looking after Finlay while I study, as a result of this neither of us has been earning any income in Australia since we arrived in February 2007.

People who come to Australia understand the conditions. However, they are restricted in the income they earn. Mrs Winfield is undertaking indigenous studies, Mr Winfield is restricted to working 20 hours a week. In debate on the Higher Education Amendment Bill 2008, the Parliamentary Secretary emphasised the importance of overseas students and the percentage value of higher education; but those students are being crucified at the primary school level. Mrs Winfield could have gone to university in Queensland where the fees are waived, but pursuant to the visa that the Winfields arrived on New South Wales does not have the ability to waive the fees. However, I am surprised that the fees were not waived when it was discovered that New South Wales did not have a legal right to charge the fees until the bill is passed. Every other State has the ability to waive such fees. I ask the Parliamentary Secretary to comment on that. Mrs Winfield further wrote:

Therefore the fees that we are due to incur would be financially challenging for us at this time.

I am passionate about supporting local public schools and whilst I could enrol them into a private school with lower fees, I feel it would be detrimental to the relationships and friendships that the children have formed at Bexhill to date.

I emphasise that the Winfields could have enrolled their children in private schools that had lower fees. The letter continued:

I am writing to you to ask whether there would be any chance of the fees being waived under these circumstances.

Mrs Winfield received a letter directly from the Parliamentary Secretary, the member for Strathfield, following my representations on her behalf. I received a copy of that response after Mrs Winfield received her letter, signed by Virginia Judge, MP, Parliamentary Secretary for Education and Training.

[Interruption]

Yes, it went directly to the constituent, following my representation, but I eventually got a letter, which was appreciated.

Mr Daryl Maguire: That is an outrageous practice.

Mr THOMAS GEORGE: It is. It is a practice under this Government. In the education area, in particular, when a member of Parliament makes a representation on behalf of a constituent the reply goes directly to the constituent and not to the member.

Mr Daryl Maguire: That is a disgraceful protocol.

Mr THOMAS GEORGE: Yes, the member for Wagga Wagga is correct; it is disgraceful. Members opposite laugh, but it is a demonstration of the Government's arrogance. When a member makes a representation on behalf of a constituent, the Minister or the Parliamentary Secretary replies directly to the constituent, and later a copy of that reply is sent to the member.

Ms Virginia Judge: Point of order: With respect, will the Deputy-Speaker draw to the attention of the member for Lismore that what he is talking about has nothing to do with this very important bill that we are debating.

The DEPUTY-SPEAKER: Order! The House is debating the Education Amendment Bill 2008, which deals with specific issues. The member for Lismore will confine his remarks to the leave of the bill.

Mr THOMAS GEORGE: I am focusing on the bill. I am not challenging your ruling, Mr Deputy-Speaker. However, I am referring to a letter received following my representation on behalf of Mrs Winfield regarding overseas students fees. The bill is certainly about that. Mrs Winfield received a response directly from the Parliamentary Secretary, and that is what I was placing on the record. The letter from the Parliamentary Secretary to Mrs Winfield stated:

Under the Commonwealth Education Services for Overseas Students Act and associated National Code of Practice, education providers are required to notify prospective international students of the fees for the education of any school aged dependents accompanying them to Australia prior to their acceptance in a course of study.

The Department of Immigration and Citizenship requires principal student visa applicants to prove or declare on their visa application that they have sufficient funds to support themselves and all dependents including, specifically, the education costs of all school aged dependents joining them in Australia for the full period of the visa issued.

These requirements are applied nationally by all government and non-government school systems and independent schools.

In New South Wales, international student visa holders are required to pay the temporary visa holders fee in advance for any period of enrolment of their dependents in a NSW government school. Only holders of Australian Government (AusAID) and Defence Scholarships or holders of a full scholarship from an Australian institution of higher learning are exempt from the fee.

International students must pay the full annual fee to ensure the issue of a Confirmation of Placement by the Department of Education and Training to support their school aged dependents student visa applications. After the initial 12 months of enrolment, principal student visa holders are entitled to seek payment of their dependent's school fees by 20 week instalments.

This arrangement must be applied consistently for the large number of international students with dependents enrolled in government schools.

Whilst not eligible for exemption from payment of the fees in accordance with the visa conditions, you could seek payment by 20 week instalments for all your school aged children.

The Minister may consider that to be a generous offer, but for the family who must pay $13,500 a year to enrol three children in a government school while the mother attends university, only to find out that the department could not legally charge those fees, the bill is of no assistance. I am sure that Mrs Winfield will consider taking further action. As I indicated earlier, the Opposition and shadow Minister will not oppose the bill.

Mrs KARYN PALUZZANO (Penrith) [10.49 a.m.]: I support the Education Amendment Bill 2008. Parents are key stakeholders in their children's education. Experience has proven time and again that the more interested and engaged parents are in their child's learning, the more likely the child will succeed at school. Many parent helpers in the Penrith electorate provide valuable assistance in the canteen, with art and craft, and reading. Up until 2007 I was a parent helper at my child's school. My son is now in year 9—I was a reading mum for well over 10 years. From 1999 until last year I enjoyed assisting reading groups from kindergarten to year 3. Parent helpers are extremely valuable to a school, and members of the local community also make an invaluable contribution to the success of their local school. Parents and citizens associations and parents and friends associations also provide valuable assistance, and support their local schools through fundraising efforts.

Last year the parents and citizens association of Mary MacKillop Primary School held a weekend art and craft festival to raise funds for the school. Even the preschools in my local area hold fundraising activities. I have been able to donate bicycles to a number of schools in the electorate to assist them in their fundraising efforts. The successful partnership between parents, schools and the local community is of fundamental importance to a school. In the Penrith electorate the Community Development and Support Expenditure Scheme has provided money to local schools. The funds donated to the Penrith South Public School Support Unit were well received. Support in partnership is provided not only by parents but also by the local club community. The Penrith Panthers Foundation sponsors the Panthers on the Prowl program, which offers support to students at Kingswood Park, Braddock, Penrith South and other schools. The students participate in self-esteem and self-awareness programs and have positive role models in local Penrith Panthers players. A number of the Penrith Panthers players have become teachers aides and are well on their way to becoming teachers through study.

The role that parents and community members play in education is not limited to support for their local school. They also play an important part in educational matters at regional and State levels. We must address the artificial barriers that obstruct the full and active participation of parents and community members in local, regional and statewide education matters. We cannot tolerate such barriers. One of the key ways in which the energy and commitment of parents and community members can be galvanised is through their participation in a school's parents and citizens association. I know from visiting schools in my electorate that parents and citizens associations play an essential role in fundraising and other activities. They promote the interest of the school by bringing parents, citizens, students and teaching staff into close cooperation. I commend the parents and citizens association of Kingswood Park Public School. A few years ago at a Pollie in the Park day, we sat around a table and discussed the need for a school fence. The fence has now been erected at the school. I am pleased that the parents and citizens took the time on a Saturday to sit around a table in a local park and discuss their needs with me.

Parents and citizens associations also assist in providing facilities and equipment, and promoting the recreation and welfare of students. Penrith South Public School has a covered outdoor learning area—COLA—as a result of the promotion of the local parents and citizens association. Parents and citizens associations also encourage parent and community participation in curriculum and other educational issues in schools. Groups of parents and citizens associations may wish to form a district council of parents and citizens, with the object of advancing the common interests of government schools within a region. District councils can advise the Minister for Education and Training about matters relating to government schools within their region. I formed a relationship with Diane and David Giblin, who were involved with the local parents and citizens association at Werrington County Public School and Cambridge Park High School. They broadened their involvement in the parents and citizens organisation, and now Diane is the President of the New South Wales Parents and Citizens Association. She is a great example of what committed parents can do through the parents and citizens association to effect change, and advise and encourage schools in New South Wales. At the time I met Diane and David I was teaching their son in year 4. He is now a proud parent of a newborn baby.

It is important that rural and regional areas, in particular, have a conduit for raising educational issues of key importance in their areas. It is also important, in view of the role that district councils play, that there should be no bureaucratic impediment to a group of parents and citizens associations formally establishing a district council in their region. The Education Act requires an amendment to be made to the Education Regulation when a new district council of parents and citizens associations, outside a prescribed area, is to be formally established. The Act requires that a request is made to the Minister for Education and Training for the formal establishment of a district council, and that confirmation is provided of any existing legal requirements to form a district council—such as, the council must consist of delegates appointed by each parents and citizens association constituted for a government school situated in the area. Then instructions are given to Parliamentary Counsel to draft an amendment to the Education Regulation, the Governor of New South Wales is requested to amend the Education Regulation while sitting in the Executive Council, and the amended regulation is published in the Government Gazette.

This process can take months and involves a significant amount of red tape. The Government has decided to cut the red tape to make it easier for groups of concerned parents and community members to formally establish district councils of parents and citizens. Under the new scheme a request will be made to the Minister for Education and Training for the formal establishment of a district council of parents and citizens associations. Provided the existing legal requirements to form a district council are met, the Minister will publish an order formally establishing the district council in the Education Gazette. This is a timely and sensible amendment to the Education Act. I am proud to say to my community that we have taken steps to assist the participation of parents and other members of the community in education issues. I commend the bill to the House.

Mr DARYL MAGUIRE (Wagga Wagga) [10.56 a.m.]: The Education Amendment Bill 2008 enshrines existing Department of Education policy, such as, the charging of fees for overseas students. The bill codifies such policy. Previous speakers have referred to the objectives of the bill. I do not want to refer to all the amendments in the bill. However, I raise an issue that relates to 457 visas. Previously I have made representations to various Ministers about this issue, which does not only affect education. It affects many areas for new Australian citizens, particularly in the medical profession. When people come to Australia to work in the medical profession, they are surprised to find that they have to pay for their children's education in government schools and for school bus services. I recently received correspondence from Mr Miroslaw Nowacki, a Polish immigrant. Mr Nowacki, who has come to Australia to work for a major trucking company, said:

I am a Polish emigrant who has moved to Australia to work and I have a sponsored 457 visa. I have already been working here in Australia for a year, and my family joined me here 6 months ago.

This year my 16 year old daughter starts learning at Wagga Wagga Christian College. Wagga Wagga Christian College is a very good school with great reputation and has been established for a long time.

I have paid for the school fees, all study material and uniform, and I now find out that I must pay for the bus fare for have to travel to school as well, although others are not required to pay this large fare, that I really cannot afford.

I fail to see why my daughter should be discriminated against in this way. I am asking that the council would be able to provide me with assistance in this matter, and help resolve the issue in my favour.

I telephoned the Nowacki family and asked them to meet with me. It is not the first time such issues have been raised with me by people who have come to Australia to take up positions in various industries. Mr Nowacki has come to Australia to fill the demand for truck drivers. As members know, the trucking industry is forecast to grow by 50 per cent by 2020. Many overseas doctors come to work in Australia in the health profession. We all want the best education for our children and are aware of the costs involved. The Minister for Education, and all Ministers, should put before the Council of Australian Governments [COAG] the difficulties being experienced by people who are coming to fill skilled positions in Australia. In some cases transport fees need to be charged, but fairness and equality should determine access to basic services. I regard the transporting of children to school as a fundamental service, similar to access to health care, public education, electricity and water. Access to basic services enables people to work, live and play in the community.

I will be drawing correspondence to the attention of relevant Federal and State Ministers and urging them to take to COAG a dialogue requesting fair access to fundamental services. One inequity raised by Mrs Nowacki is that some families will have to find many hundreds of dollars to get their children to school. Mrs Nowacki, who came to see me, and her daughter have attended TAFE. They have undertaken English courses and are assimilating into Australian life just wonderfully. If members had the opportunity to meet this wonderful family I think they would be heartened and pleased to welcome to Australia citizens who are really having a go, who are working hard and assimilating, making every effort to qualify and to be accepted into our community. I think we owe it to those people to ensure that the responsible Ministers enthusiastically champion fairness and abolish the inequities I have spoken about.

Mr DAVID HARRIS (Wyong) [11.01 a.m.]: The Education Amendment Bill 2008 seeks to legislate changes to the enrolment of overseas students and admission to government schools. Today I will particularly focus on the provisions relating to admission to public schools. As the member for Lismore rightly pointed out, many parts of this Act are Department of Education policy currently, but this legislation will give principals more guidance. Section 34 of the principal Act currently provides that a child may be enrolled at a government school if the child is eligible to attend the school and the school can accommodate the child.

The section also provides that a child is entitled to be enrolled at the government school that is designated for the area within which the child's home is situated and that the child is eligible to attend. Schedule 1 [7] amends section 34 to provide guidance as to the matters that may be taken into consideration in determining whether a government school can accommodate a child. The amendments to section 34 also make it clear that nothing in part 6, government schools, prevents the principal of a government school from accepting an application for the enrolment of an adult at that school.

Section 34 of the Education Act provides that the parent of a child may enrol the child at any government school if the school can accommodate the child. No guidance is given in the Education Act at present about what is meant by "accommodate the child" and this has been of great concern to school principals. The bill amends section 34 of the Act to make clear what "accommodate the child" means. The question whether a school can accommodate a child becomes relevant when the parents apply to enrol the child in a school that is not designated for the local area in which they live. This has been known as an out-of-zone enrolment and it causes great consternation to parents who wish to enrol their children, and to schools as to whether to take the enrolment.

Currently schools are required to have an out-of-zone policy and a committee to assess applications. If you reach the top of your buffer zone in terms of numbers—and I have done this, having spent 18 years as a school principal—you have to ensure that if you take out-of-zone enrolments it will not increase staff or accommodation needs. You have to work out a buffer to make sure you can accommodate all in-zone children living in the designated local area, but in some cases you are able to take children from outside your area if you are able to keep the necessary buffer and it will not affect staffing or accommodation.

Many school areas have developed protocols to prevent movement between local schools because of factors such as parental dissatisfaction with a school's decision on a behaviour matter. This is particularly important in small schools. I was the principal of Dooralong public school and I think we had a top enrolment of 54 students—it was a two-teacher school. Up the road there was Jilliby public school and around the corner were Wyong Creek and Yarramalong. Before I arrived at the school some people had become dissatisfied and had decided to move their children up the road, which meant one of the schools would lose a teacher or a classroom. After a little while at the new school, because the grass is not always greener on the other side, they decided that they had good friends at the other school and decided to move back. What would happen is that the numbers would go up and they would need another teacher and another classroom.

Schools need to have policies in place to make sure this sort of thing does not happen. Principals are very responsible; they will often ring their colleague principals and ask about the situation, and in some cases principals will reach agreement that it is in the best interests of the school and the child that movement take place, but sometimes they will say, "No, we need to work through the issues," and ask that the enrolment not proceed. This would be communicated to the parent very clearly and is clearly designed to make sure that there is not mass movement of people between schools, which could result in demountable classrooms coming and going and teachers and executive staff having to leave and then return, so it is quite sensible. It is very pleasing to see that this legislation clarifies the issue in terms of whether a school can accommodate additional students.

The Act will now make clear that a child's age, the type of school chosen by the parents, the resources allocated to the school and existing classroom facilities will be able to be considered when a decision is made whether a child can be accommodated at the school. The vast majority of parents and carers are scrupulously honest when they apply to enrol their children at school. However, for a range of reasons, some public schools have many more people wishing to enrol at them than they can accommodate. Quite often a grandparent or someone will look after a child in the morning, so the parents will try to enrol the child using the address of the family member or whoever is looking after the child. That puts pressure on some schools to take children out of zone, but if they have a buffer as part of the out-of-zone policy sometimes they are able to accommodate if there is a particular issue. This policy clarifies why and how you can take children and it helps principals.

Another aspect that is very important to principals and teachers is where a family might, for a variety of reasons, provide false or misleading information. This might be because there is a family court matter going on and the parent might change the child's name to hide the fact that they are at the school. It may be that parents also might wish to hide a student's past history of violent behaviour. As a principal I always used to ask, "Were there any issues at your previous school?" Often parents would say, "Oh, no, no, no", and after about the second day it was very clear that there certainly were issues at the previous school, but the school did not have the resources to accommodate the child in the short term because there are many procedural processes to go through to get support for students.

It is important for people to realise that the new procedures that have been in operation in schools have helped considerably. The procedure now is that when a new student comes to the school, before he or she is enrolled the school receives information from the parent and principals are required to telephone the school from which the student has come and ask if there are any issues concerning that student. That seems to be a very simple process but it was a process that in the past generally was not thought out. If the principal of the former school said there were issues with that student, the principal of the enrolling school could ask, for example, what level of support the student was receiving, whether the student was getting teacher aide support, and whether the student was involved in any other programs. That would mean that when the child actually starts in the new school the school is able to ensure that the child is properly supported and that potential issues do not arise.

I was at a school in the northern part of the Wyong shire that had a reputation for helping children who had particular issues. As it does, word got around and we had people lining up to enrol their children at that school. Schools sometimes can accommodate one, two or three kids with behavioural problems—depending on the size of the school. But if that increases to five, six or seven, it becomes a real issue, and there are safety factors that have to be taken into account. For those reasons I welcome this legislation.

Schools must be able to accurately identify children when making decisions about their enrolment. A school's ability to properly cater for a student's needs, particularly in the area of behaviour, is compromised if the enrolment process is compromised. As we know, the Department of Education and Training has an obligation to ensure a safe working environment for its staff and students. To this end, schools are required to obtain and use, as appropriate, information to ensure both the health and safety of their employees at work and of others who come onto departmental sites, such as students, parents and members of the school community. In this context, it is reasonable that principals have available to them, prior to enrolment procedures being completed, information that is relevant to the assessment of a prospective student's enrolment.

Ms VIRGINIA JUDGE (Strathfield—Parliamentary Secretary) [11.12 a.m.], in reply: I thank all members for their contributions to the debate today—the member for Wagga Wagga, the member for Lismore, the hardworking member for Penrith, and the member for Wyong, who made a very thoughtful contribution. I will firstly address two issues that were raised during the debate. The member for Lismore raised some concerns about fees. Fees go to help the whole of the school system, as they should, as well as individual schools right across the State. This bill makes sure that there is fairness and equity in the school system. Some areas, such as Chatswood, have many international students, while some areas have only two or three. The bill makes sure that the money from school fees goes into the general education area.

The member for Wagga Wagga read to the House a letter from a gentleman named Mr Miroslaw Nowacki. Mr Nowacki was in Australia on a 457 visa. People who come here on such visas are neither citizens nor permanent residents; therefore, they do not have the same rights as Australian citizens. It appears Mr and Mrs Nowacki are working very hard and are becoming very involved in the Australian community—I believe the gentleman has been working here for a year. At some point in time it may well be that they might apply to become Australian citizens, and, of course, all Australian citizens are entitled to the same rights and resources. I hope that clarifies the issues raised. The only other issue raised—by the member for Lismore—was totally irrelevant to the debate and I will not waste time in the Chamber by discussing that today.

New South Wales is a centre for excellence in education. This is illustrated by the fact that people from around the world send their children to this State to be educated in government primary and high schools. New South Wales government schools are internationally recognised for superb teachers, the excellent quality of our education programs and the pathway our schools offer to a career or to further study, including at Australian and overseas universities. It is reasonable and fair that the parents of overseas students, who are not usually Australian taxpayers, make a financial contribution to the system that provides their children with the excellent education they receive.

Since the early 1990s financial contributions have been collected from overseas students studying in New South Wales government schools. In excess of $35 million was paid for the enrolment of these students in New South Wales in the last financial year. The States of Victoria, Queensland, South Australia, Western Australia and Tasmania all have legislation allowing them to impose fees on overseas students attending government schools, although the details of the legislation differ in each State.

Recently, although untested by the courts, there has been some debate in legal circles about the power of the New South Wales Government to charge such fees in the absence of a specific legislative provision enabling it to do so. Given the amount of revenue involved, it is prudent for the New South Wales Government to make plain and unambiguous its power to collect a financial contribution from overseas students in its own education legislation. This will make the system for collecting fees from overseas students in New South Wales transparent and clear to all.

The scheme set out in the bill preserves the features of the existing policy under which fees have been collected from overseas students since the early 1990s. No new categories of fee-paying students will be created by the legislation and this scheme will not apply to Australian citizens or permanent residents of Australia. The Director General of the Department of Education and Training will take steps to ensure that the current categories of exemptions from the requirement to pay fees, such as those given to residents of Norfolk Island and participants in student exchange programs, will be retained. Existing requirements to give access to education to New Zealanders will also continue to be honoured.

Under the proposed scheme, the Director General of the Department of Education and Training will have the discretion to set fees to be paid by overseas students or classes of overseas students studying at government schools. This will include students who travel to Australia under a study visa and the children of temporary residents of Australia. These fees will be published on the department's website. The director general will have the power to exempt an overseas student or class of overseas students from any requirement to pay a fee and to order the refund of a fee that has been paid. This enables the department to respond flexibly and sympathetically to cases of individual hardship or special circumstances.

On occasion the parents of overseas students agree to make a financial contribution to the education system and then break their word although their children have received an education from a government school. If that happens in future the Department of Education and Training will have a legislated right to recover the amount of money a parent has promised to pay and can, if the circumstances warrant, end the student's enrolment at the school if payment is not made. Some may argue that confirming the power to collect fees from overseas students is an admission that there was no authority to impose them in the first place. To provide certainty and to avoid unwarranted litigation, the bill provides that such fees paid in the past for instruction received in New South Wales government schools were validly imposed.

The legislation governing education needs sufficient flexibility to meet the needs of individual students while still ensuring that rigorous standards are maintained. Section 22 of the Education Act provides that a child must attend school at all times when the school is open for the child's instruction or participation in school activities. Section 25 of the Education Act provides that the Minister for Education and Training can exempt a child from being enrolled at a school. Exemptions are given in individual cases, such as when expert evidence indicates that a child who is of compulsory school age is not yet ready to start school.

The bill will amend section 25 to make it clear that the Minister also has a power to exempt a child from attending school for part of the school day. Such an exemption would be granted to meet a student's personal circumstances. An example would be where a child is returning to school after a serious accident or injury. If a doctor recommends that the child attend school for only some of the day initially and then gradually works his or her way back up to full-time attendance, an exemption from the requirement that the child attend school full time could be granted. Section 34 of the Education Act provides that the parent of a child may enrol the child at any government school if the school can accommodate the child.

At present, no guidance is given in the Education Act about what is meant by "accommodate the child". The bill will amend section 34 of the Act to make it clear for a school what being able to "accommodate the child" means. The question of whether a school can accommodate a child becomes relevant when the parents apply to enrol the child in a school that is not designated for the local area in which they live. The Act will now make it clear that a child's age, the type of school chosen by the parents, the resources allocated to the school, and its existing classroom facilities will be able to be considered when a decision is made as to whether the child can be accommodated at the school.

For example, high schools normally enrol students aged 11 or 12. If a parent seeks to enrol a 10-year-old child in a high school, consideration will be given to the child's age when a decision is made as to whether the child can be accommodated at the school. A parent who seeks to enrol his or her 15-year-old child in a primary school will be subject to the same considerations. This does not mean that no 10-year-old child will ever be enrolled at a high school, or that no 15-year-old child will ever be enrolled in a primary school; government schools in New South Wales will continue to meet the reasonable needs of students. It just makes it clear that a child's age and the type of school are valid considerations when deciding whether or not that child can safely, and in an educationally sound manner, be accommodated at that school.

It should be borne in mind that a decision that a child cannot be accommodated in a school can occur only in relation to a school located outside the intake area for the child's home address. That child has a right to enrol in a local school provided he or she is eligible to attend that school, and the director general has the duty to designate such intake areas so that all school-age children are eligible to attend a school. The bill will amend the Education Act to make it clear that the financial and other resources provided to the school and the existing number of classrooms and other facilities are considerations when determining whether or not to accept an enrolment from a student who lives outside the local area. It is important to recognise that the right to choose the school in which a child enrols is subject to the resources made available to schools across the State. This makes it clear, for example, that an out-of-area enrolment is not to be a trigger to bring in a new demountable building that would eat into available playground space.

It can be seen that a child's age and where he or she lives are important when considering whether a child has a right to enrol at a particular school. The vast majority of parents and carers are scrupulously honest when they apply to enrol their children at school. However, for a range of reasons, some public schools may have many more people wishing to enrol at them than they can accommodate. Unfortunately, a small number of people provide false and deceptive information in order to enrol their children at a preferred school for which they are not eligible. In the past there have been a number of circumstances where it has been known or suspected that parents have provided false information. These include: using a name other than that on the child's birth certificate when one parent has taken a child away in breach of Family Court orders, or, sadly, when family relationships have broken down; parents wishing to hide a student's past history of violent behaviour, thereby impeding the ability of the school to assess and manage any risk of violence the student presents to staff and students at his or her new school; or parents claiming that a child is older than he or she is, or that a child lives at a false address.

It is important that schools can accurately identify children when making decisions about their enrolment. Enrolment of a child who is too young may harm the educational and social needs of that child and other children. It may also compromise the ability of the school to meet its duty of care regarding the children's safety. A student's address is also crucial information for the running of the school. It is vital that schools are able to make contact with parents in an emergency. It is also of profound importance that a school is able to communicate effectively with all parents of its students concerning every aspect of school life. Finally, as a matter of basic fairness, a child should not be able to jump the queue and be enrolled in preference to the child of parents who have been honest and put the child's name on the waiting list. Steps should be taken to ensure that honest people are not disadvantaged by the unscrupulous behaviour of others.

Accordingly, the bill will amend the Education Act to empower a principal to require a person seeking to enrol a child at a school to provide proof to the satisfaction of the principal of the child's identity, date of birth and home address. This may include a requirement to produce any document or to provide a statutory declaration, or both. The child will not reasonably be entitled to be enrolled at the school unless and until the requirement is complied with, unless it cannot reasonably be complied with in the circumstances. The director general may terminate the enrolment of a child at a government school if the child was enrolled as a result of providing false information. The bill also amends the Education Act to add the Department of Corrective Services to the list of agencies that can be asked to provide information to schools about students with a history of violent behaviour. This is necessary because the Department of Corrective Services has assumed responsibility for the Kariong Juvenile Correctional Centre. It will also help the Department of Education and Training to assess the risk of adult offenders who seek to resume their studies at a government school.

One of the ways that parents support schools is through their participation in parents and citizens associations. I acknowledge the tremendous efforts of, and thank, the many parents around the State for giving up their free time voluntarily to participate in enriching their children's schools. Whether it is through fundraising, through school fetes or trivia nights, helping to run special cultural musical or sporting events, generously donating their time to working bees, running great school canteens or uniform shops, or making clear their views about how the school can be improved and run better, the quality of schooling in our great State would be immeasurably reduced without the efforts of our parents and citizens associations.

On occasion a group of school parents and citizens associations may decide to form a district council of parents and citizens associations to represent a region of the State. At the moment the education regulation must be amended to establish formally a district council of parents and citizens associations. This bureaucratic and cumbersome process impedes the active participation of parents in their children's education. The Act will be amended to provide that the Minister for Education and Training can establish a district council of parents and citizens by publishing an order in the Education Gazette. The only district council formally established under the regulation—the Far South Coast District Council of Parents and Citizens Associations—will be preserved. The reforms set out in this bill are necessary, timely and appropriate, and I commend them to the House.

Question—That this bill be now agreed to in principle—put and resolved in the affirmative.

Motion agreed to.

Bill agreed to in principle.


Bill declared passed and returned to the Legislative Council without amendment.