Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023-2024
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
As passed by both Houses
Better and Fairer Schools (Information
Management) Bill 2024
No. , 2024
A Bill for an Act to amend the Student Identifiers
Act 2014, and for related purposes
No. , 2024
Better and Fairer Schools (Information Management) Bill 2024
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Student Identifiers Act 2014
3
No. , 2024
Better and Fairer Schools (Information Management) Bill 2024
1
A Bill for an Act to amend the Student Identifiers
1
Act 2014, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Better and Fairer Schools (Information
5
Management) Act 2024
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Better and Fairer Schools (Information Management) Bill 2024
No. , 2024
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
No. , 2024
Better and Fairer Schools (Information Management) Bill 2024
3
Schedule 1--Amendments
1
2
Student Identifiers Act 2014
3
1 Section 3 (paragraph beginning
"The Student Identifiers
4
Registrar")
5
Repeal the paragraph, substitute:
6
The Student Identifiers Registrar must assign a student identifier or
7
a schools identifier to an individual on application. A schools
8
identifier cannot be used as a student identifier until it is validated
9
by the Registrar.
10
2 Section 3
(paragraph beginning "On request by an
11
individual")
12
Repeal the paragraph, substitute:
13
On request by an individual or by certain entities, the Registrar
14
may verify that an identifier is the individual's student identifier or
15
schools identifier, or give the individual's student identifier or
16
schools identifier.
17
The Registrar may also, on request by certain entities, give
18
information (called school identity management information) about
19
a school student to the entity, or verify any such information held
20
by the entity.
21
3 Section 3
(paragraph beginning "Records of")
22
Repeal the paragraph, substitute:
23
Records of student identifiers, schools identifiers and school
24
identity management information (together called protected
25
information) must be protected from misuse. Collection, use and
26
disclosure of an individual's protected information without the
27
individual's consent is prohibited, unless it is authorised by this
28
Act. The Information Commissioner may deal with a breach of
29
Schedule 1
Amendments
4
Better and Fairer Schools (Information Management) Bill 2024
No. , 2024
these rules as an interference with privacy under the
Privacy Act
1
1988
.
2
4 Subsection 4(1)
3
Insert:
4
alternative schooling arrangement
means a schooling
5
arrangement that is acceptable under a law of a State or Territory
6
as an alternative to a requirement under that law to enrol at, or
7
attend, a school.
8
approved authority
for a school has the same meaning as in the
9
Australian Education Act 2013
.
10
Education Ministerial Council
means:
11
(a) if there is a body (however described) that consists of the
12
Minister of the Commonwealth, and the Minister of each
13
State and Territory, who is responsible, or principally
14
responsible, for matters relating to school education and
15
higher education--that body; or
16
(b) otherwise--a body prescribed by the regulations.
17
prescribed public body
of a State or Territory means a public body
18
of a State or Territory prescribed by the regulations.
19
protected information
of an individual means:
20
(a) a student identifier of the individual; or
21
(b) a schools identifier of the individual; or
22
(c) the individual's school identity management information.
23
school
means a school, college or other educational institution that
24
provides primary or secondary level education.
25
school identity management information
, in relation to an
26
individual, has the meaning prescribed by the regulations.
27
schools identifier
means an identifier assigned to an individual by
28
the Registrar under section 13B.
29
5 Subsection 4(1) (definition of student identifier)
30
Repeal the definition, substitute:
31
Amendments
Schedule 1
No. , 2024
Better and Fairer Schools (Information Management) Bill 2024
5
student identifier
means:
1
(a) an identifier assigned to an individual by the Registrar under
2
section 10 or paragraph 12(1)(b) or 13E(1)(c); or
3
(b) a schools identifier of an individual validated by the
4
Registrar under section 13D.
5
6 Section 8
(paragraph beginning "The Student Identifiers
6
Registrar")
7
Omit "already have a student identifier", substitute "already have a
8
student identifier or schools identifier".
9
7 Section 8
(paragraph beginning "Generally")
10
Omit "an identifier", substitute "a student identifier".
11
8 Section 8
(paragraph beginning "On request by an
12
individual")
13
Repeal the paragraph, substitute:
14
The Registrar must assign a schools identifier to an individual, on
15
application on behalf of the individual, if the individual does not
16
already have a student identifier or schools identifier. A schools
17
identifier cannot be used as a student identifier until it is validated
18
by the Registrar.
19
An individual may apply to the Registrar for a schools identifier to
20
be validated. The Registrar must validate the schools identifier if
21
the individual's identity has been verified, the identifier is the
22
individual's schools identifier, and the individual does not already
23
have a student identifier.
24
On request by an individual or by certain entities, including entities
25
involved with vocational education and training, higher education
26
or school education, the Registrar may verify that an identifier is
27
the individual's student identifier or schools identifier, or give the
28
individual's student identifier or schools identifier.
29
The Registrar may also, on request by certain entities including
30
entities involved with school education in a State or Territory, give
31
information (called school identity management information) about
32
Schedule 1
Amendments
6
Better and Fairer Schools (Information Management) Bill 2024
No. , 2024
a school student in that State or Territory to the entity, or verify
1
any such information held by the entity.
2
9 Section 8
(paragraph beginning "Anyone")
3
After "student identifiers", insert ", schools identifiers or school identity
4
management information (together called protected information)".
5
10 Section 8
(paragraph beginning "Collection")
6
Omit "student identifier", substitute "protected information".
7
11 Section 8
(paragraph beginning "The Information
8
Commissioner")
9
Omit "student identifiers" (wherever occurring), substitute "protected
10
information".
11
12 Section 9 (heading)
12
Omit "
an identifier
", substitute "
a student identifier
".
13
13 Subsections 9(1) and (2)
14
Omit "an identifier", substitute "a student identifier".
15
14 At the end of section 9
16
Add:
17
(4) If the Registrar is satisfied that the individual has already been
18
assigned a schools identifier, the application is taken to be an
19
application under section 13C for the schools identifier to be
20
validated.
21
15 Section 10 (heading)
22
Omit "
an identifier
", substitute "
a student identifier
".
23
16 Subsection 10(1)
24
Omit "an identifier", substitute "a student identifier".
25
17 Paragraph 10(1)(b)
26
After "identifier", insert "or schools identifier".
27
Amendments
Schedule 1
No. , 2024
Better and Fairer Schools (Information Management) Bill 2024
7
18 Subsections 10(3) and (4)
1
Omit "an identifier", substitute "a student identifier".
2
19 Subsection 12(1)
3
Repeal the subsection, substitute:
4
(1) The Registrar may do any of the following in order to resolve a
5
problem that has occurred in relation to the assignment of one or
6
more student identifiers to one or more individuals:
7
(a) revoke one or more of those student identifiers;
8
(b) assign a new student identifier to one or more of those
9
individuals;
10
(c) assign a schools identifier to one or more of those
11
individuals.
12
20 After paragraph 12(2)(ba)
13
Insert:
14
(bb) any entity that has made an application under section 13A for
15
a schools identifier to be assigned to the individual; and
16
21 After subsection 12(2)
17
Insert:
18
(2A) However, the Registrar is not required to give the notice under
19
subsection (2) to the individual if:
20
(a) the Registrar's decision is to:
21
(i) revoke a student identifier of the individual; or
22
(ii) assign a schools identifier to the individual; and
23
(b) the Registrar is satisfied that an entity covered by
24
paragraph (2)(bb) will notify the individual of:
25
(i) the Registrar's decision; and
26
(ii) if the decision is to revoke a student identifier of the
27
individual--the revoked identifier; and
28
(iii) if the decision is to assign a schools identifier to the
29
individual--the schools identifier.
30
22 Paragraph 12(3)(b)
31
Repeal the paragraph, substitute:
32
Schedule 1
Amendments
8
Better and Fairer Schools (Information Management) Bill 2024
No. , 2024
(b) if a new student identifier or a schools identifier has been
1
assigned to the individual--that identifier.
2
23 Paragraph 13(1)(a)
3
Omit "an identifier", substitute "a student identifier".
4
24 Paragraph 13(1)(b)
5
Omit "a new identifier", substitute "an identifier".
6
25 After Division 2 of Part 2
7
Insert:
8
Division 2A--Assignment and validation of schools
9
identifiers etc.
10
Subdivision A--Assignment of schools identifiers
11
13A Application for assignment of a schools identifier
12
(1) If an individual is enrolled in a school, the following entities may
13
apply to the Registrar for a schools identifier to be assigned to the
14
individual:
15
(a) the approved authority for the school;
16
(b) a prescribed public body of the State or Territory in which
17
the school is located;
18
(c) an entity prescribed by the regulations.
19
(2) If an individual registers an alternative schooling arrangement
20
under a law of a State or Territory that provides for the registration
21
of such arrangements, the following entities may apply to the
22
Registrar for a schools identifier to be assigned to the individual:
23
(a) that State or Territory;
24
(b) an entity prescribed by the regulations.
25
(3) The application must:
26
(a) be made in a manner and form approved by the Registrar;
27
and
28
(b) include the individual's school identity management
29
information.
30
Amendments
Schedule 1
No. , 2024
Better and Fairer Schools (Information Management) Bill 2024
9
13B Assignment of a schools identifier by the Registrar
1
(1) If an application is made under section 13A in relation to an
2
individual, the Registrar must assign a schools identifier to the
3
individual if the individual has not already been assigned a student
4
identifier or schools identifier.
5
(2) The Registrar must give written notice of the Registrar's decision
6
on the application to:
7
(a) the applicant; and
8
(b) the individual.
9
(3) However, the Registrar is not required to give the notice under
10
subsection (2) to the individual if the Registrar is satisfied that the
11
applicant will:
12
(a) notify the individual of the Registrar's decision; and
13
(b) explain to the individual the purposes and uses of the
14
identifier; and
15
(c) if the decision is to refuse to assign the identifier to the
16
individual--explain to the individual the reasons for the
17
refusal.
18
(4) If the Registrar assigns a schools identifier to the individual, the
19
notice given under subsection (2) must:
20
(a) set out the identifier; and
21
(b) if the notice is given to the individual--explain the purposes
22
and uses of the identifier.
23
(5) If the Registrar refuses to assign a schools identifier to the
24
individual, the notice given under subsection (2) must set out the
25
reasons for the refusal.
26
Subdivision B--Validation of schools identifiers
27
13C Application for validation of schools identifier
28
(1) An individual may apply to the Registrar for a schools identifier of
29
the individual to be validated.
30
Schedule 1
Amendments
10
Better and Fairer Schools (Information Management) Bill 2024
No. , 2024
(2) The following entities may apply to the Registrar for a schools
1
identifier of an individual to be validated if authorised by the
2
individual to make an application under this section:
3
(a) a registered training organisation;
4
(b) a VET admission body;
5
(c) a registered higher education provider;
6
(d) a Tertiary Admission Centre;
7
(e) if the individual is enrolled in a school:
8
(i) the approved authority for the school; and
9
(ii) a prescribed public body of the State or Territory in
10
which the school is located;
11
(f) another entity.
12
(3) The application must:
13
(a) be made in a manner and form approved by the Registrar;
14
and
15
(b) include any information required by the Registrar.
16
13D Validation of schools identifier by the Registrar
17
(1) If an application is made under section 13C in relation to a schools
18
identifier of an individual, the Registrar must validate the identifier
19
if:
20
(a) the identity of the individual has been verified; and
21
(b) the identifier is the schools identifier of the individual; and
22
(c) the individual has not already been assigned a student
23
identifier.
24
Note:
A schools identifier that has been validated under this section is a
25
student identifier for the purposes of this Act (see paragraph (b) of the
26
definition of
student identifier
in subsection 4(1)).
27
(2) The Registrar must give written notice of the Registrar's decision
28
on the application to:
29
(a) the applicant; and
30
(b) if the applicant is not the individual--the individual.
31
(3) However, the Registrar is not required to give the notice under
32
subsection (2) to the individual if the contact details of the
33
individual are not known to the Registrar.
34
Amendments
Schedule 1
No. , 2024
Better and Fairer Schools (Information Management) Bill 2024
11
(4) If the Registrar validates the individual's schools identifier, the
1
notice given under subsection (2) must:
2
(a) set out the validated identifier; and
3
(b) if the notice is given to the individual--explain the purposes
4
and uses of a student identifier.
5
(5) If the Registrar refuses to validate the individual's schools
6
identifier, the notice given under subsection (2) must set out the
7
reasons for the refusal.
8
Subdivision C--Other matters for schools identifiers
9
13E Registrar to resolve problems in relation to the assignment of
10
schools identifiers
11
(1) The Registrar may do any of the following in order to resolve a
12
problem that has occurred in relation to the assignment of one or
13
more schools identifiers to one or more individuals:
14
(a) revoke one or more of those schools identifiers;
15
(b) assign a new schools identifier to one or more of those
16
individuals;
17
(c) assign a student identifier to one or more of those
18
individuals.
19
(2) If the Registrar does a thing mentioned in subsection (1) in relation
20
to an individual, the Registrar must give written notice of the
21
Registrar's decision to:
22
(a) the individual; and
23
(b) any entity that has made an application under section 13A for
24
a schools identifier to be assigned to the individual.
25
(3) However, the Registrar is not required to give the notice under
26
subsection (2) to the individual if the Registrar is satisfied that an
27
entity covered by paragraph (2)(b) will notify the individual of:
28
(a) the Registrar's decision; and
29
(b) if the decision is to revoke a schools identifier of the
30
individual--the revoked identifier; and
31
(c) if the decision is to assign a new schools identifier or a
32
student identifier to the individual--that identifier.
33
Schedule 1
Amendments
12
Better and Fairer Schools (Information Management) Bill 2024
No. , 2024
(4) The notice given under subsection (2) must set out:
1
(a) if a schools identifier of the individual has been revoked--
2
the revoked identifier; and
3
(b) if a new schools identifier or a student identifier has been
4
assigned to the individual--that identifier.
5
13F Review by the Administrative Appeals Tribunal
6
(1) Applications may be made to the Administrative Appeals Tribunal
7
by an individual for review of the following decisions of the
8
Registrar:
9
(a) a refusal to assign a schools identifier to the individual under
10
section 13B;
11
(b) a refusal to validate a schools identifier of the individual
12
under section 13D;
13
(c) a decision under section 13E to revoke a schools identifier of
14
the individual or to assign an identifier to the individual.
15
(2) Subsection (1) has effect despite subsection 27(1) of the
16
Administrative Appeals Tribunal Act 1975
.
17
26 Division 3 of Part 2 (heading)
18
Repeal the heading, substitute:
19
Division 3--Verification, giving and updating of identifiers
20
and other information
21
27 Section 14 (heading)
22
Omit "
a student identifier
", substitute "
an identifier
".
23
28 Subsection 14(1)
24
Omit "student identifier" (wherever occurring), substitute "student
25
identifier or schools identifier".
26
29 At the end of subsection 14(1)
27
Add:
28
; (r) if the individual is enrolled in a school:
29
(i) the approved authority for the school; or
30
Amendments
Schedule 1
No. , 2024
Better and Fairer Schools (Information Management) Bill 2024
13
(ii) a prescribed public body of the State or Territory in
1
which the school is located;
2
(s) if the individual registers an alternative schooling
3
arrangement under a law of a State or Territory that provides
4
for the registration of such arrangements--that State or
5
Territory;
6
(t) an entity prescribed by the regulations.
7
30 Section 15 (heading)
8
Omit "
a student identifier
", substitute "
an identifier
".
9
31 Subsections 15(1) and (2)
10
After "student identifier", insert "or schools identifier (as the case
11
requires)".
12
32 At the end of Division 3 of Part 2
13
Add:
14
15A Request to verify or give certain information
15
(1) Any of the following entities may request the Registrar to give the
16
entity an individual's school identity management information, or
17
to verify any such information held by the entity:
18
(a) if the individual is enrolled in a school:
19
(i) the approved authority for the school; or
20
(ii) a prescribed public body of the State or Territory in
21
which the school is located;
22
(b) if the individual registers an alternative schooling
23
arrangement under a law of a State or Territory that provides
24
for the registration of such arrangements--that State or
25
Territory;
26
(c) an entity prescribed by the regulations.
27
(2) The request must:
28
(a) be made in a manner and form approved by the Registrar;
29
and
30
(b) include any information required by the Registrar.
31
Schedule 1
Amendments
14
Better and Fairer Schools (Information Management) Bill 2024
No. , 2024
15B Verification or giving of certain information
1
(1) If a request is made under section 15A in relation to an individual,
2
the Registrar may, by written notice given to the entity that made
3
the request, verify or give the individual's school identity
4
management information.
5
(2) If the Registrar refuses to verify or give the information, the
6
Registrar must give the entity that made the request written notice
7
of the refusal and the reasons for the refusal.
8
33 Division 4 of Part 2 (heading)
9
Omit "
of student identifiers
".
10
34 Section 16 (heading)
11
Omit "
of student identifiers
".
12
35 Before subsection 16(1)
13
Insert:
14
(1A) This section applies in relation to a record of one or more of the
15
following:
16
(a) student identifiers;
17
(b) schools identifiers;
18
(c) school identity management information.
19
36 Subsection 16(1)
20
Omit "a record of student identifiers", substitute "any such record".
21
37 Subsection 16(2)
22
Omit "a record of student identifiers", substitute "such a record".
23
38 Subsection 16(3)
24
After "student identifier", insert ", schools identifier or school identity
25
management information".
26
39 Division 5 of Part 2 (heading)
27
Omit "
student identifiers
", substitute "
protected information
".
28
Amendments
Schedule 1
No. , 2024
Better and Fairer Schools (Information Management) Bill 2024
15
40 Section 17 (heading)
1
Omit "
student identifiers
", substitute "
protected information
".
2
41 Section 17
3
Omit "a student identifier", substitute "protected information".
4
42 Before subsection 18(1)
5
Insert:
6
Protected information
7
43 Subsection 18(1)
8
Omit "a student identifier", substitute "protected information".
9
44 Before subsection 18(2)
10
Insert:
11
Student identifiers
12
45 Paragraph 18(2)(a)
13
Omit "education or training" (wherever occurring), substitute "VET".
14
46 At the end of section 18
15
Add:
16
Protected information and personal information
17
(5) The Registrar is authorised to use or disclose protected information
18
of an individual if:
19
(a) the use or disclosure is for the purposes of research:
20
(i) that relates (directly or indirectly) to school education,
21
or that requires the use of protected information or
22
information about school education; and
23
(ii) that meets the requirements specified by the Education
24
Ministerial Council; and
25
(b) for a disclosure of information that is personal information--
26
the disclosure meets the requirements specified in an
27
instrument made under subsection (6).
28
Schedule 1
Amendments
16
Better and Fairer Schools (Information Management) Bill 2024
No. , 2024
(6) The Education Minister must, by legislative instrument and with
1
the agreement of the Education Ministerial Council, specify
2
requirements for the purposes of paragraph (5)(b).
3
(7) Despite subsection 14(2) of the
Legislation Act 2003
, an instrument
4
made under subsection (6) of this section may make provision in
5
relation to a matter by applying, adopting or incorporating, with or
6
without modification, a matter contained in an instrument or other
7
writing as in force or existing from time to time.
8
(8) Despite subsection 44(1) of the
Legislation Act 2003
, section 42
9
(disallowance) of that Act applies to an instrument made under
10
subsection (6) of this section.
11
47 After section 18C
12
Insert:
13
18D Collection, use or disclosure for purposes of school education
14
An entity prescribed by the regulations is authorised to collect, use
15
or disclose protected information of an individual if the collection,
16
use or disclosure is for a purpose, or in circumstances:
17
(a) relating to school education; and
18
(b) prescribed by the regulations.
19
48 Subsection 19(1)
20
Omit "a student identifier", substitute "protected information".
21
49 Subsection 19(2)
22
After "student identifier", insert "or schools identifier".
23
50 Paragraph 23(1)(b)
24
Omit "a student identifier", substitute "protected information".
25
51 Paragraph 24(1)(b)
26
Omit "student identifiers", substitute "protected information".
27
52 Before subsection 25(1)
28
Insert:
29
Amendments
Schedule 1
No. , 2024
Better and Fairer Schools (Information Management) Bill 2024
17
Registrar's functions or powers
1
53 Before subsection 25(2)
2
Insert:
3
Research relating to vocational or higher education
4
54 Paragraph 25(2)(a)
5
Omit "education or training" (wherever occurring), substitute "VET".
6
55 At the end of section 25
7
Add:
8
Research relating to school education
9
(5) The use or disclosure by the Registrar of personal information
10
about an individual is taken, for the purposes of the
Privacy Act
11
1988
, to be authorised by this Act if:
12
(a) the use or disclosure is for the purposes of research:
13
(i) that relates (directly or indirectly) to school education,
14
or that requires the use of schools identifiers, school
15
identity management information or information about
16
school education; and
17
(ii) that meets the requirements specified by the Education
18
Ministerial Council; and
19
(b) for a disclosure of information that is personal information--
20
the disclosure meets the requirements specified in an
21
instrument made under subsection (6).
22
(6) The Education Minister must, by legislative instrument and with
23
the agreement of the Education Ministerial Council, specify
24
requirements for the purposes of paragraph (5)(b).
25
(7) Despite subsection 14(2) of the
Legislation Act 2003
, an instrument
26
made under subsection (6) of this section may make provision in
27
relation to a matter by applying, adopting or incorporating, with or
28
without modification, a matter contained in an instrument or other
29
writing as in force or existing from time to time.
30
Schedule 1
Amendments
18
Better and Fairer Schools (Information Management) Bill 2024
No. , 2024
(8) Despite subsection 44(1) of the
Legislation Act 2003
, section 42
1
(disallowance) of that Act applies to an instrument made under
2
subsection (6) of this section.
3
56 At the end of Division 6 of Part 2
4
Add:
5
25A Registrar may refuse access to personal information
6
(1) If an individual makes a request for access to personal information
7
about the individual held by the Registrar, the Registrar may refuse
8
to give the individual access to the information if:
9
(a) the information is also held by any of the following entities:
10
(i) a school;
11
(ii) an approved authority for a school;
12
(iii) an entity prescribed by the regulations; and
13
(b) the Registrar considers that it is more appropriate for the
14
request to be made to the entity.
15
(2) The refusal is taken, for the purposes of paragraph 12.2(b) of
16
Australian Privacy Principle 12, to be authorised by this Act.
17
57 Subparagraphs 29B(1)(c)(i) and (ii)
18
Omit "an identifier", substitute "a student identifier".
19
58 Paragraph 29B(2)(a)
20
Repeal the paragraph, substitute:
21
(a) the person applies under section 9 to the Registrar for a
22
student identifier to be assigned to an individual; and
23
59 Section 30 (paragraph (
a) of the paragraph beginning "The
24
Registrar's functions")
25
After "student identifiers", insert "and schools identifiers".
26
60 Section 30 (paragraph (b)
of the paragraph beginning "The
27
Registrar's functions")
28
After "student identifier", insert ", schools identifier or school identity
29
management information".
30
Amendments
Schedule 1
No. , 2024
Better and Fairer Schools (Information Management) Bill 2024
19
61 Paragraph 32(1)(a)
1
After "student identifiers", insert "and schools identifiers".
2
62 Paragraph 32(1)(b)
3
After "student identifier", insert "or schools identifier".
4
63 After paragraph 32(1)(b)
5
Insert:
6
(ba) to verify or give an individual's school identity management
7
information;
8
64 Paragraph 32(1)(d)
9
After "student identifiers", insert ", schools identifiers and school
10
identity management information".
11
65 Paragraph 32(1)(e)
12
After "student identifiers", insert "or schools identifiers".
13
66 Subparagraphs 32(1)(e)(i) and (ii)
14
Omit "student".
15
67 Subsection 33(3)
16
Repeal the subsection, substitute:
17
(3) Before giving a direction under subsection (1) about the
18
performance of a function in relation to VET, the Commonwealth
19
Minister must consult the Ministerial Council.
20
68 Subsection 33A(1)
21
After "higher education", insert "or school education".
22
69 Section 52 (paragraph beginning
"Generally, a registered
23
training organisation")
24
Omit "a student identifier.", substitute "been assigned a student
25
identifier. The Commonwealth Minister and the Registrar can give
26
exemptions.".
27
Schedule 1
Amendments
20
Better and Fairer Schools (Information Management) Bill 2024
No. , 2024
70 Section 52 (paragraph begi
nning "The Commonwealth
1
Minister")
2
Omit "student identifier", substitute "protected information".
3
71 Section 52 (paragraph (
c) of the paragraph beginning "The
4
Commonwealth Minister")
5
Repeal the paragraph, substitute:
6
(c)
if the body is a VET-related body--the Ministerial
7
Council agrees to the exemption.
8
72 Subsection 53(11)
9
Repeal the subsection, substitute:
10
(11) If:
11
(a) the Registrar:
12
(i) assigns a student identifier to an individual; or
13
(ii) validates the schools identifier of an individual under
14
section 13D; and
15
(b) immediately before the assignment or validation, a
16
determination under subsection (6) of this section is in force
17
in relation to the individual;
18
then that determination is taken to be revoked immediately after
19
the assignment or validation.
20
73 Subsection 53A(11)
21
Repeal the subsection, substitute:
22
(11) If:
23
(a) the Registrar:
24
(i) assigns a student identifier to an individual; or
25
(ii) validates the schools identifier of an individual under
26
section 13D; and
27
(b) immediately before the assignment or validation, a
28
determination under subsection (6) of this section is in force
29
in relation to the individual;
30
then that determination is taken to be revoked immediately after
31
the assignment or validation.
32
Amendments
Schedule 1
No. , 2024
Better and Fairer Schools (Information Management) Bill 2024
21
74 Subsection 55(1)
1
After "Part 2", insert ", other than section 17 to the extent that it applies
2
to schools identifiers and school identity management information,".
3
75 Subsection 55(2)
4
Omit "declare that Division 5 of Part 2 does not apply", substitute
5
"make a declaration under this subsection in relation".
6
76 Paragraph 55(2)(c)
7
Repeal the paragraph, substitute:
8
(c) if the body is a VET-related body--the Ministerial Council
9
agrees to the making of the declaration.
10
77 Subparagraph 55(3)(b)(ii)
11
Repeal the subparagraph, substitute:
12
(ii) if the body is a VET-related body--the Ministerial
13
Council agrees to the revocation of the declaration.
14
78 After section 55
15
Insert:
16
55A Application of sections 16, 17 and 23
17
(1) Sections 16, 17 and 23, to the extent that those sections apply to
18
schools identifiers and school identity management information, do
19
not apply to a public body of a State or Territory unless a
20
declaration made under subsection (2) is in force in relation to the
21
body.
22
(2) The Education Minister may, in writing, make a declaration under
23
this subsection in relation to a public body of a State or Territory if
24
the responsible Minister of the State or Territory requests, by
25
written notice, the Education Minister to make the declaration.
26
(3) The Education Minister may, in writing, revoke a declaration made
27
under subsection (2) in relation to a public body of a State or
28
Territory if the responsible Minister of the State or Territory
29
requests, by written notice, the Education Minister to do so.
30
Schedule 1
Amendments
22
Better and Fairer Schools (Information Management) Bill 2024
No. , 2024
(4) A declaration under subsection (2), and a revocation of a
1
declaration under subsection (3), are legislative instruments.
2
Note 1:
Section 42 (disallowance) of the
Legislation Act 2003
does not apply
3
to the declaration or revocation: see subsection 44(1) of that Act.
4
Note 2:
Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003
does not
5
apply to the declaration or revocation: see subsection 54(1) of that
6
Act.
7
(5) In this section:
8
responsible
Minister
of a State or Territory means the Minister of
9
that State or Territory who is responsible, or principally
10
responsible, for matters relating to school education.
11
79 Subsections 57(2) and (2A)
12
Repeal the subsections, substitute:
13
(2) Before the Governor-General makes regulations under
14
subsection (1):
15
(a) if the Commonwealth Minister is satisfied that the
16
regulations are in respect of matters relating to VET--the
17
Commonwealth Minister must obtain the agreement of the
18
Ministerial Council;
19
(b) if the Education Minister is satisfied that the regulations are
20
in respect of matters relating to school education--the
21
Education Minister must obtain the agreement of the
22
Education Ministerial Council.
23
24
(93/24)
[Index] [Search] [Download] [Related Items] [Help]