Document ID: chunk:federal_register_of_legislation:F2024C01213:reg:9b:p1
Version: federal_register_of_legislation:F2024C01213
Segment Type: reg
Provision Reference: reg 9B (pt 1/2)
Character Range: 26609–29219

9B  Non‑government schools
 (1) For the purposes of section 16 of the Act, the number of students at a non‑government school (the school's census day enrolment) for a year is the number of primary and secondary students:
 (a) who are enrolled at the school on the census day for the school for the year; and
 (b) whose enrolment is for education at a level specified for the school in the approval of the approved authority for the school; and
 (c) who have a pattern of regular attendance at the school, or at school generally, during the year; and
 (d) whose attendance is, for at least one day during the census reference period for the school for the year:
 (i) at a location specified for the school in the approval of the approved authority for the school; or
 (ii) as a distance education student.

Counting part‑time students
 (2) For the purposes of working out a census day enrolment for a non‑government school, a student who is not undertaking a full‑time study load is to be counted as the fraction of the full‑time study load which the student is undertaking.

Minister may determine that a person be included
 (3) The Minister may, in writing, determine that a person who does not meet the requirements set out in paragraphs (1)(c) and (d) is to be included in a non‑government school's census day enrolment as a primary student or secondary student (including as a part‑time student) if the Minister is satisfied that special circumstances justify the determination.
 (4) In making a determination under subsection (3), the Minister must have regard to the following:
 (a) the period or periods of attendance by the person at the school, or at school generally, during the year;
 (b) the pattern of attendance by the person at the school, or at school generally, during the year;
 (c) whether the person is or will be included in the census day enrolment of another school for the year;
 (d) for any period of non‑attendance by the person—the steps taken by the school to engage the person in the relevant level of education;
 (e) any other matter the Minister considers relevant.
 (5) A determination under subsection (3) may be made:
 (a) on the Minister's own initiative; or
 (b) on application by the approved authority for the school.
Note: For rules relating to applications, see Division 2 of Part 9 of the Act.
 (6) An application by an approved authority for a school for a determination under subsection (3) that relates to a year must be made within:
 (a) 14 days of the school's census day for the year; or
 (b) if the Minister, in writing, allows a longer period (whether before or