rangement of Provisions
PART I
PRELIMINARY
1. Short title and
commencement
2. Interpretation
3. Act to bind State
PART II
ATTENDANCE AT SCHOOL
Division 1
Enrollment and attendance
requirements
4. Enrollment
5. Exemption from enrollment
6. Attendance
7. Exemption from attendance
without application
8. Application for exemption
from attendance
9. Certificate of exemption
10. Withdrawal from school
Division 2
Monitoring and ensuring
enrollment and attendance of
compulsory school-aged
children
11. Schools to keep rolls
12. Schools to keep attendance
registers
13. Principal’s responsibility
when a compulsory
school-aged child is
withdrawn from a school
14. Principal’s responsibility
when a compulsory
school-aged child fails to
attend school regularly
15. Attendance Officers
16. Attendance officers’ powers
and responsibilities
17. Removal of attendance
officers
18. Additional responsibilities of
Sui o le Nuu for enrollment
and school attendance
Division 3
Children with special needs
19. Establishing the suitability of
education
Division 4
Employment of compulsory
school-aged children
20. Employment of compulsory
school-aged child
21. Carers not to permit
employment of compulsory
school-aged child
2 Education 2009, No.9
PART III
STUDENT AND STAFF
WELFARE IN SCHOOLS
AND EARLY CHILDHOOD
EDUCATION CENTRES
22. Behaviour management
23. Discipline
24. Intoxication of teachers
25. Behaviour of members of the
public
26. Exclusion of students with
diseases or infestations
PART IV
REGISTRATION OF
MISSION SCHOOLS AND
PRIVATE SCHOOLS
27. Requirement for registration
28. Approved organisation for
mission schools and private
schools
29. Cancelling approval
30. Application for registration
31. Criteria for registering a
school
32. Probationary registration
33. Register of private schools
and mission schools
34. Returns by proprietors of
registered schools
35. Restriction or cancellation of
registration by the Minister
36. Restriction or cancellation of
registration by an approved
organisation for mission
schools and private schools
PART V
VILLAGE SCHOOLS
37. Reservation of the right to
establish a registered school
38. Establishment of village
schools
39. Responsibility for
management of a village
school
40. Power to set and collect
school fees
41. Payments to school
committee members
42. Provision of staff for village
schools
43. Responsibility for
management of staff
44. Closure of village schools
PART VI
MINISTRY SCHOOLS
45. Establishment of Ministry
schools
46. Responsibility for
management of a Ministry
school
47. Capacity to set and collect
fees
48. Provision of staff for
Ministry schools
49. Responsibility for
management of staff
50. Amalgamation and closure of
Ministry schools
PART VII
GOOD ORDER AND
MANAGEMENT OF
MINISTRY AND VILLAGE
SCHOOLS
51. School calendar
52. Maximum and minimum
number of students
53. Waiver of school fees
54. Temporary closure of school
55. School records and reports
56. School discipline policy
57. Suspension and expulsion
2009, No.9 Education 3
PART VIII
CURRICULUM AND
CERTIFICATES OF STUDY
58. Minimum curriculum
59. Delivery of curriculum in
schools and early childhood
education centres
60. Chief Executive Officer’s
powers and functions
PART IX
STUDENTS WITH
SPECIAL NEEDS
61. Chief Executive Officer to
establish guidelines
PART X
TEACHING STANDARDS
62. Minister’s power to specify
an accreditation system for
teachers
63. Certification of Teachers
64. Regulations to register
teachers
PART XI
REGISTRATION OF EARLY
CHILDHOOD EDUCATION
CENTRES
65. Requirement for registration
66. Approved organisation for
early childhood education
centres
67. Cancelling approval
68. Criteria for registering an
early childhood education
centre
69. Approved organisation’s
power to withdraw
registration
70. Right of appeal to the
Minister
71. Minister’s power to cancel
registration
PART XII
INSPECTION OF SCHOOLS
AND EARLY CHILDHOOD
EDUCATION CENTRES
72. Inspection of schools and
early childhood education
centres
73. Powers and responsibilities
of inspectors
PART XIII
MISCELLANEOUS
74. Regulations
75. Repeals
76. Savings and transitional
provisions
_________
4 Education 2009, No.9
2009, No. 9
AN ACT to regulate and make provision for school
education and early childhood education in Samoa and
to repeal the Education Ordinance 1959.
[26th
June 2009]
BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:
PART I
PRELIMINARY
1. Short title and commencement-(1) This Act may be
cited as the Education Act 2009.
(2) This Act shall commence on a date nominated by the
Minister, save for sections 27 and 65 which shall commence 12
months later.
2. Interpretation - In this Act, unless the context
otherwise requires:
“approved fee” means a fee approved by the Minister by
way of notice issued to that effect;
“approved organisation” means an organisation approved by
the Minister under sections 28 and 66;
“attendance officer” means any person deemed to be or
appointed to be an attendance officer under section 15;
“carer” means a parent, guardian or other person having the
care or control of a child;
“Chief Executive Officer” means the Chief Executive
Officer of the Ministry;
“compulsory school-aged child” means a child who is
between five (5) years of age and 14 years of age who
has not completed the work of Year 8 of school;
“corporal punishment” means the application of physical
force in order to punish or correct the recipient, but does
2009, No.9 Education 5
not include the application of force only to prevent
personal injury to, or damage to or the destruction of
property of, any person (including the recipient);
“curriculum” means courses taught in schools including
content, support materials and other learning resources
in accordance with course accreditation;
“discipline policy” means a policy that outlines the expected
standard of behaviour of students at school or whilst
engaged in any activity connected with the school and
outlines sanctions that will be applied for failure to meet
the expected standard of behaviour, and includes any
code of discipline;
“Government” means the Government of the Independent
State of Samoa;
“inspector” means a person or class of persons authorised by
the Minister to carry out inspections of schools and early
childhood education centres under section 72; “management authority” of a school means the person or
organisation responsible for the management of the
school;
“Minister” means the Minister responsible for the Ministry
from time to time;
“Ministry” means the Ministry responsible for Education;
“Ministry school” means a school that is directly managed
by the Ministry;
“mission school” means a school operated by a church or
religious organisation;
“post-secondary education” means education of people:
(a) who are beyond the age of compulsory school
attendance; and
(b) who are not undergoing a course of secondary
education in a school;
“post-secondary institution” means an institution that
delivers post secondary education;
“private school” means a school, other than a village school
or mission school, that is not directly managed by the
Ministry;
6 Education 2009, No.9
“registered school” means a school listed in the register of
private schools and mission schools established by the
Chief Executive Officer under section 30 of this Act;
“Samoa” means the Independent State of Samoa;
“school” means an organisation for the provision of
education from the first level of primary education for
any of the years up to the final year of secondary
education but does not include:
(a) an organisation providing educational or other
activities to compulsory school aged students
outside school hours; or
(b) an organisation providing vocational training or other
activities for students who are 14 years of age or
more or who have completed the work of year 8
of school;
“school committee” means the management authority for
each village school;
“school day” means a weekday falling between the term
dates set by the Minister, other than a prescribed public
holiday;
“school hours” means the hours for which Ministry schools
and village school must be open on any school day as
determined by the Minister under section 51 of this Act;
“street trading” means selling or offering anything for sale
in a public place but does not include occasionally
selling things on behalf of a church or school or for a
cultural or charitable purpose;
“Sui o le Nuu” means a person appointed as Pulenuu under
section 14 of the Internal Affairs Act 1995;
“Village Fono” in relation to any village means the
assembly of the Alii and Faipule of that village meeting
in accordance with the custom and usage of such village
and includes the plural;
“Village of Sui o le Nuu” means a village for which a
specific Sui o le Nuu has responsibility;
“village school” includes village primary schools and
district secondary schools and colleges.
2009, No.9 Education 7
3. Act to bind State - This Act binds the State.
PART II
ATTENDANCE AT SCHOOL
Division 1
Enrollment and attendance requirements
4. Enrollment-(1) Subject to subsection (4) and section 5 a
carer of a compulsory school-aged child must enrol the child as
a student in a school appropriate to the child’s educational
needs.
(2) In any legal proceeding the carer bears the onus of
proving that the child is enrolled at a school in accordance with
this Act.
(3) If a child’s 5th
birthday falls prior to or on the 1st day of
June in a given school year, the child must be enrolled to
commence school at the start of that school year.
(4) If a child’s 5th
birthday falls after the 1st day of June in a
given school year, the child must be enrolled to commence
school at the start of the following school year.
(5) Subject to section 5, a child must remain enrolled at a
school until the child completes the work of Year 8 of school or
attains the age of 14 years, whichever occurs sooner.
(6) A child is enrolled as a student at a school following his
or her acceptance by the Principal and upon the entering of the
child’s name on the school roll.
(7) An application for enrollment of a child as a student at a
school must include any information the Chief Executive
Officer may require relating to:
(a) the child’s identity;
(b) the child’s age;
(c) the identity of the person who is enrolling the child;
(d) the child’s place of residence; and
(e) any other matter in respect of enrollment at any
school.
(8) The Chief Executive Officer may specify a form of
application for enrollment under this section to be used in
Ministry schools and village schools.
8 Education 2009, No.9
(9) Any carer unable to afford to enrol their child in a village
school or Ministry school because of financial constraints shall
apply to waive the child’s school fees pursuant to section 53.
(10) Any person who contravenes the provisions of this
section commits an offence and shall be liable to a fine not
exceeding 50 penalty units.
5. Exemption from enrollment-(1) A carer of a
compulsory school-aged child may apply to the Chief Executive
Officer for exemption from the requirement to enrol the child as
a student at a school.
(2) The Chief Executive Officer may, upon receipt of an
application or at the Chief Executive Officer’s own initiative,
grant an exemption from the requirement to enrol a child at a
school if satisfied that the exemption is in the best interests of
the child’s education.
(3) The Chief Executive Officer may:
(a) grant the exemption subject to any condition; and
(b) impose any further condition or vary or revoke any
condition at any time.
6. Attendance-(1) A compulsory school-aged child must
attend the school during the whole of each school day, except as
otherwise provided by this Act.
(2) Any person being the carer of a compulsory school-
aged child who fails to ensure that the child attends school in
accordance with this Act commits an offence and shall be liable
to a fine not exceeding 10 penalty units and one (1) penalty unit
for each day that the offence continues.
(3) In any legal proceeding the carer bears the onus of
proving that the child is attending school in accordance with this
Act.
7. Exemption from attendance without application-(1) A
compulsory school-aged child need not attend a school if:
(a) the child is suspended or temporarily excluded from
that school;
2009, No.9 Education 9
(b) a certificate of exemption is in force in respect of the
child;
(c) the principal of the school has ordered that the child
not attend school because the child has an
infestation or is suffering from a disease that may
be infectious, contagious or harmful to the health
of other persons at the school, subject to other
laws;
(d) the child is prevented from attending for the
following reasons -
(i) the child is sick;
(ii) the child is temporarily incapacitated,
either physically or mentally; or
(iii) any other reasonable cause.
(2) A compulsory school-aged child who is enrolled at a
school is not exempted from the requirement to attend the
school by reason only of any special needs.
(3) The carer of a compulsory school-aged child who is
prevented from attending school for the reasons set out in
subsection (1)(d) must notify the school’s principal within two
(2) school days of the start of the non-attendance.
8. Application for exemption from attendance-(1) A
carer of a compulsory school-aged child may apply to the Chief
Executive Officer to exempt the child from full-time attendance
in a school and permit the child to attend part-time or to be
temporarily absent from school.
(2) The Chief Executive Officer may, upon receipt of an
application or at the Chief Executive Officer’s own initiative,
exempt a child from full-time attendance and permit part-time
attendance or temporary absence from school if satisfied that it
is in the best interests of the child’s education to do so.
(3) The Chief Executive Officer may grant the exemption
subject to any condition and vary or revoke any condition at any
time.
10 Education 2009, No.9
9. Certificate of exemption-(1) If the Chief Executive
Officer exempts a compulsory school-aged child under sections
5 or 7, the Chief Executive Officer must issue a certificate of
exemption.
(2) A certificate of exemption remains in force for the period
referred to in the certificate unless the Chief Executive Officer
revokes the certificate before the end of the period.
(3) The Chief Executive Officer may revoke an exemption
if the Chief Executive Officer is satisfied that:
(a) any condition of the exemption is contravened; or
(b) it is appropriate in the circumstances to do so.
10. Withdrawal from school-(1) A carer of a compulsory
school-aged child must notify the principal in writing of:
(a) the withdrawal of the child from the school; and
(b) the proposed education of the child after that
withdrawal.
(2) Any person who fails to notify the principal in
accordance with subsection (1) commits an offence and shall be
liable to a fine not exceeding 10 penalty units.
Division 2
Monitoring and ensuring enrollment and
attendance of compulsory school-aged children
11. Schools to keep rolls - The principal of every school
must ensure that a roll is kept containing the name and address
of every student enrolled at the school and any other
information that the Chief Executive Officer specifies by Notice
in writing.
12. Schools to keep attendance registers – The principal of
every school must ensure that an attendance register is kept
which records for every school day the attendance or absence of
every student enrolled at the school and any other information
that the Chief Executive Officer specifies by Notice in writing.
2009, No.9 Education 11
13. Principal’s responsibility when a compulsory school-
aged child is withdrawn from a school-(1) If a carer
withdraws a compulsory school-aged child from a school
without satisfying the principal of the school that appropriate
arrangements are being made for the child’s future education,
the principal must inform the appropriate person or persons.
(2) For the purpose of this section:
(a) the appropriate person in the case of a Ministry
school is the Chief Executive Officer or the Chief
Executive Officer’s delegate;
(b) the appropriate persons in the case of a private school
or mission school are:
(i) the person in charge of the approved
organisation that approved the school for
registration; and
(ii) the Chief Executive Officer or the
Chief Executive Officer’s delegate; and
(c) the appropriate persons in the case of a village school
are:
(i) the School Committee;
(ii) the Sui o le Nuu; or
(iii) the Chief Executive Officer or the
Chief Executive Officer’s delegate.
(3) If a compulsory school-aged child transfers from one
school to another, the principal of the transferring school must
send a transfer note and the student progress card to the
principal of the receiving school.
14. Principal’s responsibility when a compulsory
school-aged child fails to attend school regularly-(1) The
principal of a school must inform in writing the carer of a
compulsory school-aged child enrolled at the school:
(a) of any pattern of non-attendance by the child that
contravenes this Act; and
(b) that he or she is in breach of this Act.
(2) If the carer subsequently takes effective steps to ensure
that the child attends school regularly the principal may choose
not to take any further action against the carer.
12 Education 2009, No.9
(3) If the carer satisfies the principal that there is an
appropriate reason for the pattern of non-attendance, the
principal must keep a record of the reasons given by the carer
and must continue to monitor the child’s attendance at school.
15. Attendance officers-(1) Sui o le Nuu, members of
school committees and police officers of Samoa are deemed to
be attendance officers.
(2) The Chief Executive Officer may appoint any person or
class of persons to be attendance officers.
(3) The Commissioner of Police Service must arrange for
members of the police service to exercise the powers and
responsibilities of attendance officers set out in section 16.
(4) Neither the deeming of a person to be an attendance
officer under subsection (1) nor the appointment of a person to
be an attendance officer under subsection (3) constitutes the
person as an employee or agent of the Government of Samoa.
(5) An attendance officer must not incur any debt or
obligation on behalf of the Government of Samoa without the
prior written consent of the Chief Executive Officer.
(6) It is an offence to impersonate an attendance officer.
(7) Any person who exercises or attempts to exercise the
powers of an attendance officer without being officially
appointed or deemed to be an attendance officer commits an
offence and shall be liable to a fine not exceeding 50 penalty
units.
16. Attendance officers’ powers and responsibilities-(1)
Subject to subsection (3), when exercising any power under this
section an attendance officer must carry, and produce on
request, evidence of the attendance officer’s appointment.
(2) A certificate signed by the Chief Executive Officer
showing that the person named has been appointed as an
attendance officer is sufficient evidence of appointment.
(3) Subsection (1) does not apply to:
(a) members of the police service, who must instead
produce evidence of their status as members of
the police service; or
2009, No.9 Education 13
(b) Sui o le Nuu or members of school committees
exercising powers in a village for which they
have responsibility, who are not required to
produce evidence of their status.
(4) An attendance officer:
(a) may detain any child who appears to be a compulsory
school-aged child who is not at a school or
attending a school-organised activity during
school hours on a school day; and
(b) may question the child about -
(i) the child’s age;
(ii) the child’s name and address;
(iii) the school at which the child is
enrolled; and
(iv) the reason for the child’s absence
from school.
(5) If the child fails to give the attendance officer a
satisfactory reason for the child’s absence from school, the
attendance officer may take the child to:
(a) the child’s place of residence; or
(b) the school at which the attendance officer believes
the child is enrolled.
(6) An attendance officer must report any action the
attendance officer takes under subsection (5) to the Chief
Executive Officer or the Chief Executive Officer’s delegate.
(7) Sui o le Nuu and members of school committees must
inform the Village Council of any action they take under
subsection (5) and work with the Village Council to ensure that
the child attends school on a regular basis.
(8) Any person who obstructs or interferes with an
attendance officer who is exercising the powers set out in this
section commits an offence and shall be liable to a fine not
exceeding 50 penalty units.
(9) It shall be a defence for any person charged under this
section to prove that the attendance officer failed to produce
upon request, evidence of the attendance officer’s appointment.
14 Education 2009, No.9
17. Removal of attendance officers-(1) The Chief
Executive Officer may revoke at will the appointment of any
persons or class of persons appointed as attendance officers.
(2) If the Minister considers that a Sui o le Nuu or member
of a school committee is not exercising the powers of an
attendance officer reasonably or is abusing any such power, the
Minister may request the Village Fono to direct the Sui o le Nuu
or member of the school committee (as the case may be) not to
act as an attendance officer.
(3) On receiving a request under subsection (2), the Village
Fono must direct the Sui o le Nuu or member of the school
committee not to act as an attendance officer.
(4) On receiving a direction under subsection (3), a Sui o le
Nuu or member of a school committee ceases to hold any power
as an attendance officer.
(5) If the Chief Executive Officer considers that a police
officer is not exercising the powers of an attendance officer
reasonably or is abusing any such power, the Chief Executive
Officer may request the Commissioner of Police Service to
direct the police officer not to act as an attendance officer.
(6) On receiving a request under subsection (5), the
Commissioner of Police Service must direct the police officer
not to act as an attendance officer.
(7) On receiving a direction under subsection (6), a police
officer ceases to hold any power as an attendance officer.
18. Additional responsibilities of Sui o le Nuu for
enrollment and school attendance-(1) In addition to exercising
the powers of an attendance officer, a Sui o le Nuu must
establish whether or not every compulsory school aged-child
living in the village or villages of Sui o le Nuu is enrolled at a
school.
(2) If a Sui o le Nuu establishes that a compulsory school
aged-child is not enrolled at a school, or a school principal
informs a Sui o le Nuu that:
(a) a carer who resides in a village of Sui o le Nuu has
withdrawn a compulsory school aged-child from
the school without satisfying the principal that
2009, No.9 Education 15
appropriate arrangements are being made for the
future education of the child; or
(b) a compulsory school aged-child who resides in a
village of Sui o le Nuu is not attending school on
a regular basis,
the Sui o le Nuu must inform the Village Council of this
situation and work with the Village Council to ensure that the
child is enrolled at a school in accordance with the provisions of
this Act and attends school on a regular basis.
Division 3
Children with special needs
19. Establishing the suitability of education-(1) The
Chief Executive Officer may take any action the Chief
Executive Officer considers appropriate to establish that a
compulsory school-aged child with special needs is receiving
appropriate education.
(2) If the Chief Executive Officer is not reasonably satisfied
that a compulsory school-aged child with special needs is
receiving appropriate education, the Chief Executive Officer
may direct a carer to enrol the child at a school that in the Chief
Executive Officer’s opinion will provide appropriate education
for the child.
(3) Any carer of a child affected by a direction made by the
Chief Executive Officer in this section may appeal to the
District Court for a review of the Chief Executive Officer’s
decision within 28 days of receiving such direction.
Division 4
Employment of compulsory school-aged children
20. Employment of compulsory school-aged child-(1)
Subject to subsection (3), it is an offence for a person to arrange
for a compulsory school-aged child to engage in street trading or
to carry out other work of any kind, whether for reward or not -
(a) at any time during school hours; or
16 Education 2009, No.9
(b) at any other time if the work would prevent or
interfere with the child’s attendance at school,
active participation in school activities or the
child’s educational development.
(2) Any person who commits an offence under subsection
(1) is liable to a fine not exceeding 100 penalty units in the case
of a natural person, and in the case of a company or other
entities, a fine not exceeding 500 penalty units.
(3) Subsection (1) does not apply if:
(a) the Chief Executive Officer has exempted the child
from the obligation to be enrolled as a pupil at a
school on a ground other than that the child is
receiving a suitable education elsewhere than at
school; or
(b) the Chief Executive Officer has exempted the child
from the obligation to attend school each day
during the whole of the school day.
(4) Any employment of a compulsory school-aged child is
subject to:
(a) the provisions of the Labour and Employment Act
1972 and any conditions imposed by the
Commissioner under the Labour and
Employment Act 1972; and
(b) the Occupational Safety and Health Act 2002 and
any policies or regulations made under that Act.
21. Carers not to permit employment of compulsory
school-aged child-(1) The carer of a compulsory school-aged
child must not permit the child to engage in street trading or to
carry out other work contrary to section 20 of this Act.
(2) Any person who contravenes the provisions of
subsection (1) commits an offence and shall be liable to a fine
not exceeding 50 penalty units.
2009, No.9 Education 17
PART III
STUDENT AND STAFF WELFARE IN SCHOOLS
AND EARLY CHILDHOOD EDUCATION CENTRES
22. Behaviour management – The principal and
management authority of every school and the director and
management authority of every early childhood education centre
shall foster:
(a) a caring, productive and safe environment for
learning;
(b) an effective teaching and learning environment; and
(c) mutual respect among all individuals at the school or
early childhood education centre.
23. Discipline-(1) Every school and early childhood
education centre must have a discipline policy.
(2) A discipline policy must not include or permit the use of: (a) corporal punishment;
(b) any form of punishment that may cause harm to the
recipient; or
(c) any form of punishment that humiliates or is intended
to humiliate the recipient.
(3) A teacher or staff member of a school must not
administer corporal punishment to a school student at a school
or during any activity organised by a school.
(4) A person employed at an early childhood education
centre must not administer corporal punishment to any child at
the early childhood education centre or during any activity
organised by the early childhood education centre.
24. Intoxication of teachers – A teacher must not be:
(a) drunk; or
(b) affected by any drug to the extent that the teacher
loses control or has significantly diminished
control of his or her behaviour or faculties,
while on duty, including while attending any school-organised
activity that involves the participation of students.
18 Education 2009, No.9
25. Behaviour of members of the public-(1) It is an
offence for any person to:
(a) wilfully disturb a school or any activity organised by
a school; or
(b) insult or abuse any student or teacher in the presence
or hearing of the children who are on the school
premises or who are participating in an activity
organised by a school;
(2) It is an offence for any person to:
(a) wilfully disturb an early childhood education centre
or any activity organised by the early childhood
education centre; or
(b) to insult or abuse any child or person employed in an
early childhood education centre in the presence
or hearing of children who are on the early
childhood education centre’s premises or who are
participating in any activity organised by the
early childhood education centre.
(3) Any person who commits an offence under this section
shall be liable to a fine not exceeding 50 penalty units.
26. Exclusion of students with diseases or infestations - A
principal may require a student not to attend a school while the
student has an infestation or is suffering from a disease which is,
in the opinion of the Chief Executive Officer of the Ministry of
Health, an infestation or disease which may likely be infectious,
contagious or harmful to the health of other persons at the
school.
PART IV
REGISTRATION OF MISSION SCHOOLS
AND PRIVATE SCHOOLS
27. Requirement for registration-(1) A person or
organisation must not operate a private school or mission school
unless the Chief Executive Officer has registered the school
under this Part.
2009, No.9 Education 19
(2) The Chief Executive Officer will be deemed to have
registered the school upon receiving notice that the Minister or
an approved organisation has approved registration of the
school.
(3) Any person who contravenes the provisions of this
section commits an offence and shall be liable to a fine not
exceeding 50 penalty units.
28. Approved organisation for mission schools and
private schools-(1) Subject to the provisions of this Act, the
Minister may approve an organisation to be an approved
organisation.
(2) An approved organisation shall be responsible for:
(a) assessing and registering schools; and
(b) for monitoring compliance with the terms of
registration of schools it has registered; and
(c) restricting or cancelling registration of those schools.
(3) In determining whether to approve an organisation under
this section the Minister must take into account the following
matters:
(a) the organisation’s objectives;
(b) the decision-making processes adopted by the
organisation;
(c) the policies the organisation will apply in setting
standards for registered schools;
(d) the organisation’s capacity to effectively evaluate
applications for registration;
(e) the organisation’s capacity to effectively monitor
standards in registered centres; and
(f) any other matter prescribed by regulations made
under this Act.
29. Cancelling approval-(1) Where the Minister believes
on reasonable grounds that an approved organisation is not
properly exercising its power to assess and monitor schools
under this Act, the Minister may withdraw the organisation's
approval.
20 Education 2009, No.9
(2) Before the Minister withdraws an organisation’s
approval under this section, the Minister must give the
organisation a reasonable opportunity to be heard.
(3) Subject to subsection (4), any school which has been
registered under an approved organisation whose approval is
cancelled under this provision shall continue to be registered for
a period of six (6) months or from the earlier expiry date of its
registration, whichever occurs sooner.
(4) Notwithstanding subsection (3), any school affected by
the cancellation of an approved organisation under this section
shall continue to operate where such school’s registration is
approved by another approved organisation or the Minister.
30. Application for registration-(1) A person or
organisation intending to operate a private school or mission
school must apply to the Minister or an approved organisation
for approval of the school’s registration.
(2) An application must:
(a) be in writing in a form approved by the Minister; and
(b) be accompanied by the approved fee.
31. Criteria for registering a school-(1) The Minister and
any approved organisation must take into account the following
matters in determining whether or not to register a school:
(a) the standard of general education to be provided
including the delivery of curriculum in
accordance with Part VIII of this Act;
(b) the provision of pastoral care and a discipline policy
in accordance with section 23 of this Act;
(c) the provision of an adequate building or buildings
and appropriate facilities and equipment for staff
and students;
(d) the provision of an appropriate outdoor play area;
(e) the employment of sufficient, appropriately qualified
and experienced staff;
(f) the number of students to be enrolled;
(g) an adequate management system, including sound
financial management and employment practices;
and
2009, No.9 Education 21
(h) any other matters prescribed by regulations.
(2) The Minister may provide for categories of registration
including but not limited to:
(a) providing for education at the school of a specified
kind; or
(b) providing for education of children with special
needs.
(3) The Minister and any approved organisation may place
any reasonable restriction upon the basis on which a school is
registered, including but not limited to:
(a) placing a limit on the period of registration;
(b) restricting student enrollments to specified age
groups;
(c) restricting student enrollments to specified years of
schooling.
32. Probationary registration-(1) The Minister and any
approved organisation may approve the registration of a school
on a probationary basis for up to one (1) year, on the basis that
the school comply with any conditions that the Minister or
approved organisation may reasonably require before becoming
fully registered.
(2) If a school is registered on a probationary basis, the
proprietor of the school must inform the carers of all students
enrolled at the school of any conditions required of the school
for full registration.
33. Register of private schools and mission schools-(1)
The Chief Executive Officer must keep and maintain a register
of all schools that have been registered under the provisions of
this Act.
(2) An approved organisation must provide the Chief
Executive Officer with such details of each new school
registered by the approved organisation as the Chief Executive
Officer requires to maintain the register within seven (7) days of
registering the school.
22 Education 2009, No.9
34. Returns by proprietors of registered schools-(1) The
proprietor or principal of every registered school must provide
the Minister or the approved organisation that approved the
school’s registration with a return in the form approved by the
Minister on or before 31 March in each year.
(2) A proprietor or principal of a registered school must not
wilfully make any false entry in a return under this section.
(3) Subsection (1) does not prevent an approved
organisation from seeking any additional information.
(4) An approved organisation must provide the Chief
Executive Officer with:
(a) copies of the returns provided to it; or
(b) the information contained in the returns in a format
agreed to between the Chief Executive Officer and
the approved organisation.
(5) Any person who contravenes the provisions of this
section commits an offence and shall be liable to a fine not
exceeding 10 penalty units.
35. Restriction or cancellation of registration by the
Minister-(1) If the Minister believes on reasonable grounds that
any registered school does not comply with:
(a) the conditions of its registration; or
(b) the provisions of this Act; or
(c) any Regulations or Ministerial Orders made under
this Act,
the Minister may –
(i) place any reasonable restriction on the
operation of the school for such time as the
Minister considers necessary; or
(ii) cause the school to be removed from
the register kept under the provisions of this
Act.
(2) The Minister must give the school’s management
authority a reasonable opportunity to be heard before exercising
the powers set out in subsection (1).
2009, No.9 Education 23
36. Restriction or cancellation of registration by an
approved organisation for mission schools and private
schools-(1) If the person in charge of an approved organisation
for mission schools or private schools believes on reasonable
grounds that a school which the approved organisation approved
for registration does not comply with:
(a) the conditions of its registration;
(b) the provisions of this Act; or
(c) any Regulations or Ministerial Orders made under
this Act,
the approved organisation may –
(i) place any reasonable restriction on the
operation of the school for such time as the
Director of the approved organisation
considers necessary; or
(ii) request the Chief Executive Officer to
remove the school from the register kept
under the provisions of this Act.
(2) The approved organisation must give the school’s
management authority a reasonable opportunity to be heard
before exercising the powers set out in subsection (1).
(3) The Chief Executive Officer must remove a school from
the register kept under the provisions of this Act if requested to
do so by an approved organisation under subsection (2) unless
the Chief Executive Officer receives notice from the school that
it is seeking approval of its registration directly by the Minister.
PART V
VILLAGE SCHOOLS
37. Reservation of the right to establish a registered
school - Nothing in this Part shall prevent members of a village
community from establishing and running a registered school
subject to Part IV.
38. Establishment of village schools-(1) Cabinet may
approve the establishment of any village school.
24 Education 2009, No.9
(2) If a Village Fono or two (2) or more Village Fono wish
to establish a new village school, they must apply to the
Minister to seek Cabinet’s approval for the establishment of the
school.
(3) An application must be in writing in a form approved by
the Minister.
(4) Regulations may be made under this section prescribing
any requirements for establishing a village school.
39. Responsibility for management of a village
school-(1) If Cabinet approves the establishment of a village
school, the Village Fono or two (2) or more Village Fono must
establish a school committee as the management authority for
the proposed village school.
(2) Subject to section 43 of this Act, a school committee
must manage a village school in accordance with the provisions
of this Act and any agreement between the school committee
and the Ministry.
(3) A school committee must manage a village school in a
way that:
(a) ensures effective, efficient and appropriate
management of public resources;
(b) provides appropriate school buildings, facilities and
equipment that are properly maintained;
(c) promotes a safe, supportive and productive learning
environment; and
(d) supports and monitors the academic progress of all
students at the school.
40. Power to set and collect school fees-(1) A school
committee may charge reasonable school fees to the carers of
students attending the school, to meet the cost of performing the
school committee’s obligations under this Act.
(2) The Minister may vary the school fees charged in
subsection (1) if such fees are not reasonable.
2009, No.9 Education 25
41. Payments to school committee members - A school
committee member must not receive any payment from funds
held by the committee on behalf of the village school, unless the
payment is for expenses that:
(a) are reasonable;
(b) were properly incurred by the school committee
member in fulfilling his or her responsibilities as
a school committee member; and
(c) were incurred with the consent of the school
committee.
42. Provision of staff for village schools - Subject to the
provisions of the Public Service Act 2004:
(a) the Ministry shall supply to a village school a
principal and such staff as the Chief Executive
Officer considers reasonably appropriate for the
school’s requirements; and
(b) the Chief Executive Officer may from time to time
vary the number of staff supplied to a village
school, after taking into account the number of
students enrolled or likely to be enrolled at the
school and the type of school.
43. Responsibility for management of staff-(1) The
principal and staff of village schools are employed subject to the
direction of the Chief Executive Officer.
(2) The principal of a village school must:
(a) allocate and supervise the work of each staff
member;
(b) encourage teachers to use appropriate teaching
techniques; and
(c) promptly report to the Chief Executive Officer in
writing about insubordination or suspected
misconduct by a staff member.
44. Closure of village schools-(1) Cabinet, upon the
recommendation of the Minister, may direct the closure of a
village school if:
26 Education 2009, No.9
(a) there is an agreement to close the school between the
Minister and the school committee of a village
school, or, if a school committee does not exist,
the Sui o le Nuu; or
(b) if the closure of the school is in the public’s best
interest.
(2) Subject to Cabinet’s approval and any regulations made
under this section, the Minister may direct the Chief Executive
Officer to close a village school, if the school committee fails to
comply with:
(a) the requirements of this Act;
(b) any regulations or directions made under this Act; or
(c) any agreement with the Ministry.
(3) Notwithstanding anything in this Act, the Chief
Executive Officer may immediately withdraw the principal and
staff from a village school if the Chief Executive Officer
considers on reasonable grounds that the principal or members
of staff of a village school are at risk of physical harm.
(4) If the circumstances which caused the Chief Executive
Officer to consider that the principal or members of staff are at
risk of physical harm are not remedied within a period of time
the Minister considers to be reasonable under the circumstances,
the Minister, after obtaining Cabinet’s approval, may order the
Chief Executive Officer to withdraw the principal and staff and
to close the school within such a period as the Minister
considers to be reasonable.
(5) Regulations may be made under this section prescribing
any requirements for closing a village school.
(6) If a school is closed pursuant to this section, a carer of a
compulsory school-aged child enrolled at that school must enrol
the child at another school.
PART VI
MINISTRY SCHOOLS
45. Establishment of Ministry schools – The Minister may
establish a Ministry school on the recommendation of the Chief
Executive Officer.
2009, No.9 Education 27
46. Responsibility for management of a Ministry
school-(1) The Chief Executive Officer is responsible for
management of the school through the school principal.
(2) The Chief Executive Officer must ensure that a Ministry
school is managed in a way that:
(a) ensures effective, efficient and appropriate
management of public resources;
(b) provides such staff as the Chief Executive Officer
considers reasonably appropriate for the school’s
requirements;
(c) provides appropriate school buildings, facilities and
equipment that are properly maintained;
(d) promotes a safe, supportive and productive learning
environment; and
(e) supports and monitors the academic progress of all
students at the school.
47. Capacity to set and collect fees - The Minister may
charge reasonable school fees to the carers of students attending
any Ministry school, as a contribution towards the cost of the
provision of schooling.
48. Provision of staff for Ministry schools - Subject to the
provisions of the Public Service Act 2004:
(a) the Chief Executive Officer shall supply to a
Ministry school a principal and such staff as the
Chief Executive Officer considers reasonably
appropriate for the school’s requirements; and
(b) the Chief Executive Officer may from time to time
vary the number of staff supplied to a Ministry
school after taking into account the number of
students enrolled or likely to be enrolled at the
school.
49. Responsibility for management of staff-(1) The
principal and staff of Ministry schools are employed subject to
the direction of the Chief Executive Officer.
28 Education 2009, No.9
(2) The principal of a Ministry school must:
(a) allocate and supervise the work of each staff
member;
(b) encourage teachers to use appropriate teaching
techniques; and
(c) promptly report to the Chief Executive Officer, in
writing, about insubordination or suspected
misconduct by a staff member.
50. Amalgamation and closure of Ministry
schools-(1) The Minister after obtaining Cabinet’s approval
may:
(a) amalgamate Ministry schools; and
(b) close any Ministry school either temporarily or
permanently on the Chief Executive Officer’s
recommendation .
(2) Before the permanent closure of a Ministry school, the
Chief Executive Officer must consult with the school
committee, teachers and any association of parents and friends
of that school.
(3) In any consultation under subsection (2), the Chief
Executive Officer must make available a statement on the likely
educational, economic and social impact of closing the school.
PART VII
GOOD ORDER AND MANAGEMENT OF
MINISTRY AND VILLAGE SCHOOLS
51. School calendar-(1) The Minister must annually
specify:
(a) the days on which Ministry schools and village
schools are to be open for attendance by students;
and
(b) the hours of attendance of students.
(2) All Ministry schools and village schools must be open
for students to attend and must provide an education for students
for all of the hours and days specified by the Minister.
2009, No.9 Education 29
52. Maximum and minimum number of students - The
Chief Executive Officer may issue guidelines indicating:
(a) the maximum and minimum number of students to be
enrolled in any Ministry school or village school;
and
(b) the basis on which Ministry schools and village
schools are to restrict the number of enrollments.
53. Waiver of school fees-(1) Any carer who cannot afford
to enrol a compulsory school-aged child in a village school or
Ministry school due to financial constraints may apply for the
school fees of such child to be waived.
(2) The application for waiver of fees shall be made to:
(a) the Chief Executive Officer in relation to a Ministry
school; or
(b) the Chairperson of the school committee established
under section 39 in relation to a village school.
(3) The Chief Executive Officer or Chairperson under
subsection (2) shall consider the application and decide whether
to grant or reject the application for waiver of fees and the
period of such waiver.
(4) An application for waiver of fees must contain the
following:
(a) the full name, village, occupation and contact details
of the carer;
(b) the source of income of the carer;
(c) the total gross income earned by the carer;
(d) the list of all expenses of the carer;
(e) the efforts the carer had undertaken to obtain
financial assistance from other sources, including
close relatives;
(f) letters from the Sui o le Nuu and Pastor of the carer
confirming the financial status of the carer;
(g) letter from the principal of the relevant school
supporting the application; and
(h) any other relevant matter required by the Chief
Executive Officer.
30 Education 2009, No.9
(5) Any person who is not satisfied with any decision made
under subsection (3) may appeal in writing to the Minister
whose decision shall be final.
(6) Any person who provides information that is false in
any application under this section shall be liable upon
conviction to a term of imprisonment not exceeding six (6)
months or to a fine not exceeding 20 penalty units, or both.
54. Temporary closure of school-(1) A Ministry school or
village school is permitted to close, on the initiative of the
principal or school committee, for any day or any hours on
which it would otherwise be required under section 51 to be
open, if:
(a) there is an emergency which involves a risk to the
health or safety of students or staff; or
(b) the Chief Executive Officer otherwise approves.
(2) The Chief Executive Officer may immediately withdraw
the principal and staff from a village school if the Chief
Executive Officer considers on reasonable grounds that the
principal or members of staff of a village school are at risk of
physical harm.
(3) A Ministry school or village school must close for any
day or any hours on which it would otherwise be required under
section 51 to be open, if directed to do so by the Chief
Executive Officer.
55. School records and reports - Every principal of a
Ministry school or village school must comply with the Chief
Executive Officer’s written directions about:
(a) what school records must be kept;
(b) how school records must be kept;
(c) what reports the principal must give to the Chief
Executive Officer; and
(d) when any reports must be given.
56. School discipline policy-(1) The principal of a Ministry
school and the school committee of a village school must
develop a discipline policy that complies with section 23 of this
2009, No.9 Education 31
Act and is consistent with this Part of the Act and any guidelines
issued by the Chief Executive Officer under this section.
(2) The principal of a Ministry school and the school
committee of a village school must ensure that:
(a) the discipline policy is brought to the attention of the
students, carers and staff of the Ministry school
or village school; and
(b) any periods of detention, additional work or other
sanctions that may be imposed on students as
outlined in the discipline policy are reasonable. (3) The Chief Executive Officer may issue guidelines or
directions in respect of the management of discipline in village
schools and Ministry schools.
57. Suspension and expulsion-(1) Subject to subsection
(3), the principal of a school may temporarily suspend a student
if the principal is satisfied that the student has behaved
unacceptably.
(2) Subject to subsection (3), a principal may only expel a
student in accordance with any directions given by the Chief
Executive Officer.
(3) Before a principal suspends or expels a student, he or she
must carry out the following:
(a) consult with the carer regarding the reasons for the
proposed suspension or expulsion; and
(b) ensure all other appropriate means available to
improve the student’s behaviour have been
exhausted; and
(c) duly consider the ability by the student to attend
another school.
(4) The carer of a student or a student may apply in writing
to the Chief Executive Officer for a review of any decision of
suspension or expulsion.
(5) The Chief Executive Officer may revoke any decision
of suspension or expulsion if he or she is satisfied that the
student is willing to behave in an acceptable manner.
32 Education 2009, No.9
PART VIII
CURRICULUM AND CERTIFICATES OF STUDY
58. Minimum curriculum-(1) All schools and early
childhood education centres must deliver the curriculum
specified by the Minister to the standards specified by the
Minister.
(2) If the Minister specifies any curriculum standards or any
changes to curriculum standards, the Minister must advise all
schools in writing.
(3) Schools and early childhood education centres may
deliver curriculum in areas additional to those specified by the
Minister if this does not prevent the school from providing the
curriculum specified by the Minister to the standards specified
by the Minister.
(4) Schools and early childhood education centres may
modify the curriculum or implement individual education
programs for students with special needs, subject to any policy
or guidelines the Chief Executive Officer issues under section
61 of this Act.
59. Delivery of curriculum in schools and early
childhood education centres-(1) The Chief Executive Officer
may issue instructions or guidelines to all schools and early
childhood education centres in respect of:
(a) the delivery of curriculum specified by the Minister;
and/or
(b) the modification of curriculum for students with
special needs.
(2) The Chief Executive Officer may issue instructions to
Ministry schools and village schools in respect of any matter
relating to teaching practice, homework, assessment and
reporting procedures.
60. Chief Executive Officer’s powers and functions - The
Chief Executive Officer has the following powers and functions:
(a) to develop policies, criteria and standards for
curriculum and assessments for school students;
2009, No.9 Education 33
(b) to develop and evaluate curriculum for courses
normally undertaken in, or designed to be
undertaken in the school Years one (1) to 13;
(c) to provide guidelines for the modification of
curriculum and for the development of individual
learning programs for children with special
needs;
(d) to oversee the delivery of, and conduct assessments
for any certificate available to a student in a
school;
(e) to give advice or make recommendations to the
Minister about any educational policy or strategy
relating to the development of curriculum that
will prepare students for successful transition to
employment, tertiary education, vocational
education and training and further education;
(f) to prepare and maintain records of student assessment
and, on request, provide a copy of a student’s
record to the student or a person authorised by
the student to receive it;
(g) to report on student performance to the Minister; and
(h) to issue certificates relating to any course undertaken
by a school student in any year up to and
including Year 13.
PART IX
STUDENTS WITH SPECIAL NEEDS
61. Chief Executive Officer to establish guidelines - The
Chief Executive Officer must establish a policy or guidelines for
schools and early childhood education centres in respect of:
(a) the identification and assessment of students with
special needs;
(b) the modification of teaching programs for students
with special needs;
(c) the level of training in special education required of
all teachers or any category of teacher; and
34 Education 2009, No.9
(d) any other matters relating to the provision of
education for students with special needs that the
Chief Executive Officer considers to be
appropriate.
PART X
TEACHING STANDARDS
62. Minister’s power to specify an accreditation system
for teachers - The Minister may specify a system or systems of
accreditation of teachers in schools and early childhood learning
centres.
63. Certification of Teachers - The Chief Executive
Officer may issue a Teacher’s Certificate to any person whose
qualifications, professional skills or experience meet the
requirements of an accreditation system specified by the
Minister.
64. Regulations to register teachers - Regulations may be
made under this section establishing a registration system for
teachers and prohibiting any person who is not registered from
teaching in any school or category of school.
PART XI
REGISTRATION OF EARLY CHILDHOOD
EDUCATION CENTRES
65. Requirement for registration-(1) A person or
organisation must not operate an early childhood education
centre unless that centre has been registered by:
(a) an approved organisation; or
(b) where no approved organisation exists, by the Chief
Executive Officer.
(2) Any person who contravenes the provisions of this
section commits an offence and shall be liable to a fine not
exceeding 50 penalty units.
2009, No.9 Education 35
66. Approved organisation for early childhood education
centres-(1) The Minister may approve an organisation to be an
approved organisation for early childhood education centres.
(2) An approved organisation shall be responsible for:
(a) assessing and registering early childhood education
centres;
(b) for monitoring compliance with the terms of
registration of early childhood education centres
it has registered; and
(c) restricting or cancelling registration of those early
childhood education centres.
(3) In determining whether to approve an organisation under
this section the Minister must take into account the following
matters:
(a) the organisation’s objectives;
(b) the decision making processes adopted by the
organisation;
(c) the policies the organisation will apply in setting
standards for early childhood education centres;
(d) the organisation’s capacity to effectively evaluate
applications for registration;
(e) the organisation’s capacity to effectively monitor
standards in registered centres; and
(f) any other matter prescribed by regulations made
under this Act.
67. Cancelling approval-(1) Where the Minister believes
on reasonable grounds that an approved organisation is not
properly exercising its power to register early childhood
education centres under this Act, the Minister may withdraw the
organisation’s approval.
(2) Before the Minister withdraws an organisation’s
approval under this section, the Minister must give the
organisation a reasonable opportunity to be heard.
68. Criteria for registering an early childhood education
centre – An approved organisation, or the Minister if no
approved organisation exists, must take into account the
36 Education 2009, No.9
following matters in determining whether or not to register an
early childhood education centre:
(a) the provision of curriculum that meets national
curriculum guidelines for early childhood
education;
(b) the provision of an adequate building and appropriate
facilities and equipment for young children;
(c) the provision of an appropriate outdoor play area;
(d) the provision of adequate furniture, educational play
equipment and materials;
(e) the employment of sufficient appropriately qualified
and experienced staff;
(f) the number of children to be enrolled; and
(g) an adequate management system.
69. Approved organisation’s power to withdraw
registration – If an approved organisation reasonably believes
that an early childhood education centre is no longer meeting
one or more of the criteria for registration under section 68 of
this Act, the approved organisation may withdraw the early
childhood education centre’s registration subject to the
following conditions:
(a) the approved organisation must give the person in
charge of the early childhood education
reasonable notice that its registration is to be
withdrawn; and
(b) before the approved organisation withdraws the
registration of an early childhood education
centre, the approved organisation must give
person in charge of the early childhood education
centre an opportunity to be heard.
70. Right of appeal to the Minister-(1) The person in
charge of an early childhood education centre may appeal to the
Minister to direct an approved organisation not to withdraw the
early childhood education centre’s registration.
2009, No.9 Education 37
(2) If the Minister reasonably considers that there are
insufficient grounds to withdraw the early childhood education
centre’s registration, the Minister may direct the approved
organisation not to withdraw the registration.
71. Minister’s power to cancel registration - If the
Minister reasonably believes that an early childhood education
centre is not complying with the criteria for registration under
section 68, the Minister may cancel the early childhood
education centre’s registration subject to the following
conditions:
(a) the Minister may give the person in charge of the
early childhood education reasonable notice that
its registration is to be withdrawn; and
(b) before the Minister withdraws the registration of an
early childhood education centre, the Minister
must give the person in charge of the early
childhood education centre an opportunity to be
heard.
PART XII
INSPECTION OF SCHOOLS AND
EARLY CHILDHOOD EDUCATION CENTRES
72. Inspection of schools and early childhood education
centres-(1) The Minister may arrange for the inspection of any
school or early childhood education centre.
(2) The Minister may appoint any person or class of persons
to be inspectors of schools and early childhood education
centres, under such conditions as the Minister may determine.
(3) The Minister may restrict an inspector's powers to
inspection of:
(a) schools only;
(b) a category of school;
(c) early childhood education centres; or
(d) a category of early childhood education centre.
(4) The Minister is to issue a certificate of authority to a
person or class of persons appointed as inspectors, indicating
any restriction placed upon their powers as inspectors.
38 Education 2009, No.9
(5) The Minister may revoke the appointment of any person
or class of persons appointed as an inspector where they fail to
comply with the conditions of their appointment.
73. Powers and responsibilities of inspectors-(1) An
inspector may at any reasonable time:
(a) enter, search, inspect and photograph any premises of
the school or early childhood education centre;
(b) inspect and take copies of any records or documents
kept by the school or early childhood education
centre; and
(c) require any person to give any assistance reasonably
necessary to carry out the inspection.
(2) An inspector must produce evidence of the inspector’s
appointment as an inspector on request before exercising any
power under this section.
(3) Subject to subsection (4), any person who hinders or
obstructs an inspector lawfully carrying out an inspection
commits an offence and shall be liable to a fine not exceeding
50 penalty units.
PART XIII
MISCELLANEOUS
74. Regulations-(1) The Head of State, acting on the advice
of Cabinet, may make any regulations for such matters as are
contemplated by or necessary for giving full effect to the
provisions of this Act and for the due administration thereof.
(2) Without limiting the power conferred under subsection
(1), regulations may be made for the creation of offences and to
prescribe fines of up to 100 penalty units for such offences
concerning this Act.
75. Repeals - The Education Ordinance 1959 is repealed.
76. Savings and transitional provisions-(1) All references
in law to the Department of Education must be read as referring
to the Ministry unless the context requires otherwise.
2009, No.9 Education 39
(2) All references in law to the Minister of Education must
be read as referring to the Minister responsible for the Ministry
unless the context requires otherwise.
(3) All references in law to the Director of Education must
be read as referring to the Chief Executive Officer of the
Ministry unless the context requires otherwise.
(4) Every document and act of authority so far as they are
subsisting or in force at the time of the repeal of the Education
Ordinance 1959 must continue and have effect under the
corresponding provisions of this Act until such time as they are
altered or amended or cancelled, as the case may require, under
the provisions of this Act.
(5) Despite the provisions of this Act, all applications and
other matters arising out of or under the provisions of the
Education Ordinance 1959 which are not determined or
otherwise dealt with under such provisions at the date of the
commencement of this Act must be determined or otherwise
dealt with under the corresponding provisions of this Act with
such modifications, adaptations and alterations as the Minister
may determine in writing from time to time.
(6) Despite the provisions of this Act, where this Act does
not provide or provides insufficient or inadequate provision for
the transition from the Education Ordinance 1959, the Minister,
by Notice, may make such provisions as the Minister deems
necessary in order for all matters under or concerning the
Education Ordinance 1959 to be properly and effectively
determined or otherwise dealt with.
__________
The Education Act 2009 is administered by the Ministry of
Education, Sports and Culture.
Printed by the Legislative Assembly,
by authority of the Legislative Assembly.
