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Queensland
Education Legislation
Amendment Bill 2006
Queensland
Education Legislation Amendment Bill
2006
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 Amendment of Education (General Provisions) Act 2006
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 4 (Interaction with other legislation) . . . . . . . . . 8
5 Amendment of s 5 (Objects of Act) . . . . . . . . . . . . . . . . . . . . . . . 9
6 Amendment of s 6 (Activities to achieve objects of chs 10 and
11) ....................................... 9
7 Amendment of s 7 (Guiding principles) . . . . . . . . . . . . . . . . . . . . 9
8 Amendment of s 22 (Development and revision of 1-12
syllabuses and preschool guidelines). . . . . . . . . . . . . . . . . . . . . . 9
9 Amendment of s 23 (Implementation of syllabus, course or
preschool guideline at State instructional institutions) . . . . . . . . . 10
10 Amendment of s 231 (Compulsory participation phase) . . . . . . . 10
11 Amendment of s 239 (Obligation to ensure participation) . . . . . . 11
12 Insertion of new ch 10, pt 6 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 11
13 Relocation and renumbering of s 264 (Disclosure by chief
executive to appropriate entities) . . . . . . . . . . . . . . . . . . . . . . . . . 11
14 Amendment, relocation and renumbering of s 266 (Consultation
about planning). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
15 Relocation and renumbering of s 271 (Transitional) . . . . . . . . . . . 12
16 Amendment, relocation and renumbering of s 272
(Confidentiality) ........................... 12
17 Amendment, relocation and renumbering of s 273 (Delegation
by chief executive) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
18 Omission of ch 11 (Student accounts) . . . . . . . . . . . . . . . . . . . . . 12
19 Amendment of s 384 (Meaning of transfer note) . . . . . . . . . . . . . 13
2
Education Legislation Amendment Bill 2006
20 Amendment of sch 2 (Amendments commencing on 1
January 2007) ................................... 13
21 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 13
Part 3 Amendment of Education (Queensland College of
Teachers) Act 2005
22 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
23 Amendment of s 125 (Members of Teachers Disciplinary
Committee) ..................................... 14
24 Insertion of new ss 126A-126C . . . . . . . . . . . . . . . . . . . . . . . . . . 14
126A Disqualification from membership . . . . . . . . . . . . . . . 14
126B Report about person's criminal history . . . . . . . . . . . . 15
126C Requirement for committee members to disclose
changes in criminal history . . . . . . . . . . . . . . . . . . . . 16
25 Amendment of s 136 (Committee may require health
assessment) ............................. 17
26 Amendment of s 246 (Disqualification from membership) . . . . . . 17
27 Amendment of s 247 (Report about person's criminal history) . . 18
28 Amendment of s 249 (Requirement for board members to
disclose changes in criminal history) . . . . . . . . . . . . . . . . . . . . . . 18
29 Amendment of s 285 (College may give information about
teachers to commissioner for children in particular
circumstances) ............................ 18
Part 4 Amendment of Education (Queensland Studies Authority)
Act 2002
30 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
31 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
32 Amendment of s 3 (Objects of Act) . . . . . . . . . . . . . . . . . . . . . . . 19
33 Amendment of s 8 (Development functions) . . . . . . . . . . . . . . . . 19
34 Amendment of s 11 (Assessment functions) . . . . . . . . . . . . . . . . 20
35 Replacement of s 13 (Certification functions) . . . . . . . . . . . . . . . 20
13 Certification functions. . . . . . . . . . . . . . . . . . . . . . . . . 20
36 Replacement of s 14A (Participation functions) . . . . . . . . . . . . . . 21
14A Student account functions . . . . . . . . . . . . . . . . . . . . . 21
37 Amendment of s 17 (Other functions) . . . . . . . . . . . . . . . . . . . . . 22
38 Amendment of pt 2, div 4 hdg (Results, tests and notifications of
syllabuses and preschool guidelines). . . . . . . . . . . . . . . . . . . . . . 22
39 Omission of ss 18A and 18B . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
40 Amendment of s 20 (Notification of approved or accredited
syllabus or preschool guideline) . . . . . . . . . . . . . . . . . . . . . . . . . . 22
41 Insertion of new pt 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
3
Education Legislation Amendment Bill 2006
Part 2A Student accounts
Division 1 Preliminary
21A Explanation and purposes . . . . . . . . . . . . . . . . . . . . . 23
21B Definitions for pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . 23
21C Meaning of student account phase . . . . . . . . . . . . . . 24
Division 2 Opening student accounts
Subdivision 1 Accounts for young persons about to enter, or
in, the compulsory participation phase
21D When an account must be opened. . . . . . . . . . . . . . . 25
21E Who must open an account . . . . . . . . . . . . . . . . . . . . 25
21F How an account is opened . . . . . . . . . . . . . . . . . . . . . 25
21G Obligation to open an account for young persons in
other circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Subdivision 2 Accounts for other persons
21H Who may have an account opened under sdiv 2 . . . . 27
21I How an account is opened . . . . . . . . . . . . . . . . . . . . . 27
Subdivision 3 Account numbers for student accounts
21J Authority to assign account number etc. . . . . . . . . . . 28
Division 3 Provision of account information to the
authority
Subdivision 1 Providers' obligations to give information
21K Obligation to notify enrolment--eligible option . . . . . . 29
21L Obligation to notify enrolment--certification studies . 30
21M Obligation to notify results--certification studies . . . . 31
21N Obligation to notify other matters . . . . . . . . . . . . . . . . 31
21O Authority to record information in account . . . . . . . . . 33
Subdivision 2 Persons who may give information on behalf of
providers
21P VETE chief executive . . . . . . . . . . . . . . . . . . . . . . . . . 33
21Q Authorised agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Subdivision 3 Information not given by a provider under
subdivision 1
21R Circumstances in which information must be
recorded in account . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Division 4 Use and disclosure of account information by
authority
21S Use by authority and disclosure to providers for
verification ............................. 35
21T Disclosure to providers, or their agents, for other
purposes .............................. 36
4
Education Legislation Amendment Bill 2006
21U Disclosure to the chief executive . . . . . . . . . . . . . . . . 38
21V Disclosure to person for whom account is kept and
the person's parents . . . . . . . . . . . . . . . . . . . . . . . . . . 39
21W Disclosure of aggregated information to relevant
entities ............................... 40
21X Disclosure to VETE chief executive . . . . . . . . . . . . . . 40
Division 5 Miscellaneous
21Y Student visa holder. . . . . . . . . . . . . . . . . . . . . . . . . . . 41
21Z Closing student account . . . . . . . . . . . . . . . . . . . . . . . 41
21ZA Consultation about proposed regulations. . . . . . . . . . 42
21ZB Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
21ZC Delegation by chief executive . . . . . . . . . . . . . . . . . . . 43
42 Amendment of s 23 (Minister's power to give directions in the
public interest) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
43 Amendment of s 25 (Membership of authority) . . . . . . . . . . . . . . 44
44 Amendment of s 54 (Change in requirements for certification) . . 44
45 Amendment of s 69A (Employment of casual staff to help
authority to perform its functions under s 10, 11 or 12) . . . . . . . . 44
46 Insertion of new s 72A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
72A Chief executive may carry on education planning
activities ............................... 45
47 Amendment of s 78 (Guidelines) . . . . . . . . . . . . . . . . . . . . . . . . . 45
48 Amendment of s 79 (Regulation-making power) . . . . . . . . . . . . . 46
49 Amendment of s 88 (Work program) . . . . . . . . . . . . . . . . . . . . . . 46
50 Insertion of new pt 7, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Division 4 Transitional provisions for Education
Legislation Amendment Act 2006
91 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
92 Approved and accredited syllabuses . . . . . . . . . . . . . 47
93 Work programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
94 Student accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
95 Transitional regulation-making power . . . . . . . . . . . . . 49
51 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 50
Part 5 Minor and consequential amendments of Acts
52 Acts amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Schedule Minor and consequential amendments . . . . . . . . . . . . . . . . . . 54
Education (Accreditation of Non-State Schools) Act 2001 . . . . . . 54
Education (Queensland Studies Authority) Act 2002 . . . . . . . . . . 54
Freedom of Information Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . 55
5
Education Legislation Amendment Bill 2006
Higher Education (General Provisions) Act 2003 . . . . . . . . . . . . . 56
2006
A Bill
for
An Act to amend Acts administered by the Minister for
Education and Training and Minister for the Arts, and for other
purposes
s1 8 s4
Education Legislation Amendment Bill 2006
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Education Legislation 4
Amendment Act 2006. 5
Clause 2 Commencement 6
The following provisions commence on a day to be fixed by 7
proclamation-- 8
(a) parts 2 and 4, other than sections 20, 30, 31, 32(2), 33, 9
40, 42(1) and (3) and 51(2), to the extent it inserts the 10
definition purchase, and (5); 11
(b) the schedule, amendments to the Education 12
(Queensland Studies Authority) Act 2002 and the 13
Freedom of Information Act 1992. 14
Part 2 Amendment of Education 15
(General Provisions) Act 2006 16
Clause 3 Act amended in pt 2 17
This part amends the Education (General Provisions) Act 18
2006. 19
Clause 4 Amendment of s 4 (Interaction with other legislation) 20
Section 4(1)(b), `senior certificate,'-- 21
omit, insert-- 22
`certificate of achievement, senior statement,'. 23
s5 9 s8
Education Legislation Amendment Bill 2006
Clause 5 Amendment of s 5 (Objects of Act) 1
(1) Section 5(1)(c), `chapters 10 and 11'-- 2
omit, insert-- 3
`chapter 10'. 4
(2) Section 5(1)(c)(iii)-- 5
omit. 6
Clause 6 Amendment of s 6 (Activities to achieve objects of chs 10 7
and 11) 8
(1) Section 6, heading, `chs 10 and 11'-- 9
omit, insert-- 10
`ch 10'. 11
(2) Section 6(a)(i) to (iii), `chapters 10 and 11'-- 12
omit, insert-- 13
`chapter 10'. 14
(3) Section 6-- 15
insert-- 16
17
`Note--
18
To help the chief executive carry on planning and re-engagement
19
activities, the QSA Act, part 2A provides for information to be made
20
available to the chief executive from student accounts kept by the QSA
21
for young persons in the compulsory participation phase.'.
Clause 7 Amendment of s 7 (Guiding principles) 22
Section 7(e), `chapters 10 and 11'-- 23
omit, insert-- 24
`chapter 10'. 25
Clause 8 Amendment of s 22 (Development and revision of 1-12 26
syllabuses and preschool guidelines) 27
Section 22(2), definitions 1-12 syllabuses and area of 28
learning-- 29
s9 10 s 10
Education Legislation Amendment Bill 2006
omit, insert-- 1
`1-12 syllabuses means syllabuses for school studies in 1 or 2
more of the years 1 to 12 years of schooling.'. 3
Clause 9 Amendment of s 23 (Implementation of syllabus, course 4
or preschool guideline at State instructional institutions) 5
(1) Section 23(1) and (3), `an area of learning'-- 6
omit, insert-- 7
`school studies'. 8
(2) Section 23(1)(a) and (3)(a), `the area of learning'-- 9
omit, insert-- 10
`the studies'. 11
(3) Section 23(2), `a stated area of learning'-- 12
omit, insert-- 13
`stated school studies'. 14
(4) Section 23(5), definitions accredited syllabus, approved 15
syllabus and area of learning-- 16
omit. 17
(5) Section 23(5)-- 18
insert-- 19
`accredited syllabus, for school studies, means a 1-12 20
syllabus accredited by the QSA under the QSA Act for the 21
studies. 22
approved syllabus, for school studies, means a 1-12 syllabus 23
developed, purchased or revised, and approved, by the QSA 24
under the QSA Act for the studies.'. 25
Clause 10 Amendment of s 231 (Compulsory participation phase) 26
Section 231(b)(i), `senior certificate,'-- 27
omit, insert-- 28
`certificate of achievement, senior statement,'. 29
s 11 11 s 14
Education Legislation Amendment Bill 2006
Clause 11 Amendment of s 239 (Obligation to ensure participation) 1
Section 239(1)-- 2
insert-- 3
4
`Note--
5
To help parents comply with this obligation, the QSA Act, section 21V
6
gives parents access to information held by the QSA about a young
7
person's participation in eligible options.'.
Clause 12 Insertion of new ch 10, pt 6 hdg 8
Chapter 10, after section 251-- 9
insert-- 10
`Part 6 Miscellaneous'. 11
Clause 13 Relocation and renumbering of s 264 (Disclosure by chief 12
executive to appropriate entities) 13
Section 264-- 14
relocate and renumber, in chapter 10, part 6, as section 251A. 15
Clause 14 Amendment, relocation and renumbering of s 266 16
(Consultation about planning) 17
(1) Section 266, from `the entities'-- 18
omit, insert-- 19
`the following entities for the purpose of carrying on planning 20
activities-- 21
(a) the Association of Independent Schools of Queensland 22
Inc.; 23
(b) the Queensland Catholic Education Commission; 24
(c) the VETE chief executive.'. 25
(2) Section 266-- 26
relocate and renumber, in chapter 10, part 6, as section 251B. 27
s 15 12 s 18
Education Legislation Amendment Bill 2006
Clause 15 Relocation and renumbering of s 271 (Transitional) 1
Section 271-- 2
relocate and renumber, in chapter 10, part 6, as section 251C. 3
Clause 16 Amendment, relocation and renumbering of s 272 4
(Confidentiality) 5
(1) Section 272(1)(a)(ii) to (iv)-- 6
omit, insert-- 7
`(ii) an entity, or an employee of an entity, to whom the 8
chief executive has given information under 9
section 251A;1 and'. 10
(2) Section 272(1)(b) and (2)(a), `chapter 10 or'-- 11
omit. 12
(3) Section 272(4)-- 13
insert-- 14
`student account phase see the QSA Act, section 21C.'. 15
(4) Section 272-- 16
relocate and renumber, in chapter 10, part 6, as section 251D. 17
Clause 17 Amendment, relocation and renumbering of s 273 18
(Delegation by chief executive) 19
(1) Section 273(1), `chapter 10 or'-- 20
omit. 21
(2) Section 273-- 22
relocate and renumber, in chapter 10, part 6, as section 251E. 23
Clause 18 Omission of ch 11 (Student accounts) 24
Chapter 11-- 25
omit. 26
1 Section 251A (Disclosure by chief executive to appropriate entities)
s 19 13 s 21
Education Legislation Amendment Bill 2006
Clause 19 Amendment of s 384 (Meaning of transfer note) 1
Section 384(2)(a), `an area of learning'-- 2
omit, insert-- 3
`school studies'. 4
Clause 20 Amendment of sch 2 (Amendments commencing on 1 5
January 2007) 6
Schedule 2, amendment 3 of the Education (Queensland 7
Studies Authority) Act 2002, `Section 8(a) to (d)'-- 8
omit, insert-- 9
`Section 8'. 10
Clause 21 Amendment of sch 4 (Dictionary) 11
(1) Schedule 4, definitions aggregated information, senior 12
certificate, student account and student account phase-- 13
omit. 14
(2) Schedule 4-- 15
insert-- 16
`certificate of achievement see the QSA Act, schedule 2. 17
school studies see the QSA Act, schedule 2. 18
senior statement means a statement of results of that type 19
issued under the QSA Act.'. 20
(3) Schedule 4, definition provider, paragraph (a), `chapters 10 21
and 11'-- 22
omit, insert-- 23
`chapter 10'. 24
s 22 14 s 24
Education Legislation Amendment Bill 2006
Part 3 Amendment of Education 1
(Queensland College of 2
Teachers) Act 2005 3
Clause 22 Act amended in pt 3 4
This part amends the Education (Queensland College of 5
Teachers) Act 2005. 6
Clause 23 Amendment of s 125 (Members of Teachers Disciplinary 7
Committee) 8
(1) Section 125(3)-- 9
omit. 10
(2) Section 125(5)(c), `(6)'-- 11
omit, insert-- 12
`(5)'. 13
(3) Section 125(5)-- 14
insert-- 15
`(d) can not continue as a member of the committee under 16
section 126A.'. 17
(4) Section 125(4) to (6)-- 18
renumber as section 125(3) to (5). 19
Clause 24 Insertion of new ss 126A-126C 20
After section 126-- 21
insert-- 22
`126A Disqualification from membership 23
`(1) A person can not become, or continue as, a member of the 24
Teachers Disciplinary Committee if the person-- 25
(a) is or becomes a member of the board; or 26
(b) is, or has been, convicted of an indictable offence and 27
the conviction is not a spent conviction, unless the 28
s 24 15 s 24
Education Legislation Amendment Bill 2006
Minister has given a notice or approval under subsection 1
(4) in relation to the conviction. 2
`(2) Also, a person can not become a member of the committee if 3
the person does not consent to the Minister requesting a report 4
about the person's criminal history under section 126B. 5
`(3) The Minister may act under subsection (4) if the Minister 6
considers it would be reasonable to do so having regard to-- 7
(a) primarily, the welfare and best interests of children; and 8
(b) the circumstances of the indictable offence of which a 9
person has been convicted. 10
`(4) The Minister may-- 11
(a) if the person was a member when convicted and the 12
term of the person's appointment as a member of the 13
committee has not since ended--give notice to the 14
chairperson of the committee and the person that the 15
person is restored as a member of the committee, and 16
may be later reappointed, despite the conviction; or 17
(b) otherwise--give written approval for the person to 18
become a member of the committee despite the 19
conviction. 20
`(5) On the day the chairperson of the committee receives a notice 21
under subsection (4)(a)-- 22
(a) the person is restored as a member; and 23
(b) if another person has been appointed to fill the 24
vacancy--the other person's appointment ends. 25
`(6) If a person is restored as a member under subsection (5), the 26
person's term of appointment as a member ends when it 27
would have ended if the person had not been convicted of the 28
offence. 29
`126B Report about person's criminal history 30
`(1) To decide whether a person is disqualified from membership 31
of the Teachers Disciplinary Committee under section 32
126A(1)(b), the Minister may ask the commissioner of police 33
for-- 34
s 24 16 s 24
Education Legislation Amendment Bill 2006
(a) a written report about the person's criminal history; and 1
(b) a brief description of the circumstances of a conviction 2
mentioned in the criminal history. 3
`(2) The commissioner of police must comply with the request. 4
`(3) However, the Minister may make a request under subsection 5
(1) about a person who is not a member of the committee only 6
if the person has given the Minister written consent for the 7
request. 8
`(4) The duty imposed on the commissioner of police to comply 9
with the request applies only to information in the 10
commissioner's possession or to which the commissioner has 11
access. 12
`(5) The Minister must ensure a report given to the Minister under 13
this section is destroyed as soon as practicable after it is no 14
longer needed for the purpose for which it was requested. 15
`(6) In this section-- 16
criminal history, of a person, means the person's criminal 17
history as defined under the Criminal Law (Rehabilitation of 18
Offenders) Act 1986 to the extent the criminal history relates 19
to indictable offences, other than spent convictions. 20
`126C Requirement for committee members to disclose 21
changes in criminal history 22
`(1) If there is a change in the criminal history of a member of the 23
Teachers Disciplinary Committee, the member must, unless 24
the member has a reasonable excuse, immediately disclose the 25
change to the Minister. 26
Maximum penalty--100 penalty units. 27
`(2) For a member who does not have a criminal history, there is 28
taken to be a change in the member's criminal history if the 29
member acquires a criminal history. 30
`(3) To comply with subsection (1), the information disclosed by 31
the member about a conviction for an offence in the member's 32
criminal history must include the following-- 33
(a) the existence of the conviction; 34
s 25 17 s 26
Education Legislation Amendment Bill 2006
(b) when the offence was committed; 1
(c) details adequate to identify the offence; 2
(d) whether or not a conviction was recorded; 3
(e) the sentence imposed on the member. 4
`(4) In this section-- 5
criminal history, of a person, means the person's criminal 6
history as defined under the Criminal Law (Rehabilitation of 7
Offenders) Act 1986 to the extent the criminal history relates 8
to indictable offences, other than spent convictions.'. 9
Clause 25 Amendment of s 136 (Committee may require health 10
assessment) 11
Section 136(4), after `each'-- 12
insert-- 13
`of the'. 14
Clause 26 Amendment of s 246 (Disqualification from membership) 15
(1) Section 246(1)(a), after `spent conviction'-- 16
insert-- 17
`, unless the Minister has given a notice or approval under 18
subsection (4) in relation to the conviction'. 19
(2) Section 246(1)(b), after `administration)'-- 20
insert-- 21
`, unless the Minister has given a notice or approval under 22
subsection (4) in relation to the person being an insolvent 23
under administration'. 24
(3) Section 246(2), `refuses to'-- 25
omit, insert-- 26
`does not'. 27
(4) Section 246(4)(a), after `becoming an insolvent under 28
administration'-- 29
insert-- 30
s 27 18 s 29
Education Legislation Amendment Bill 2006
`, and the term of the person's appointment as a member of the 1
board has not since ended'. 2
Clause 27 Amendment of s 247 (Report about person's criminal 3
history) 4
Section 247(6), definition criminal history, after `1986'-- 5
insert-- 6
`to the extent the criminal history relates to indictable 7
offences'. 8
Clause 28 Amendment of s 249 (Requirement for board members to 9
disclose changes in criminal history) 10
Section 249(4), definition criminal history, after `1986'-- 11
insert-- 12
`to the extent the criminal history relates to indictable 13
offences'. 14
Clause 29 Amendment of s 285 (College may give information about 15
teachers to commissioner for children in particular 16
circumstances) 17
(1) Section 285(1)(a), `suspends'-- 18
omit, insert-- 19
`decides to suspend'. 20
(2) Section 285(3)(d)-- 21
omit, insert-- 22
`(d) either-- 23
(i) for a decision about a suspension--when the 24
conduct giving rise to the suspension happened; or 25
(ii) for a decision about disciplinary 26
proceedings--when the grounds for disciplinary 27
action arose;'. 28
s 30 19 s 33
Education Legislation Amendment Bill 2006
(3) Section 285(3)(e), after `conduct'-- 1
insert-- 2
`or grounds for disciplinary action'. 3
Part 4 Amendment of Education 4
(Queensland Studies Authority) 5
Act 2002 6
Clause 30 Act amended in pt 4 7
This part amends the Education (Queensland Studies 8
Authority) Act 2002. 9
Clause 31 Amendment of long title 10
Long title, after `developing'-- 11
insert-- 12
`, purchasing'. 13
Clause 32 Amendment of s 3 (Objects of Act) 14
(1) Section 3(1)(c) and (2)(b)(v), after `achievement'-- 15
insert-- 16
`and statements of results'. 17
(2) Section 3(2)(b)(i), after `development'-- 18
insert-- 19
`or purchase'. 20
Clause 33 Amendment of s 8 (Development functions) 21
(1) Section 8, heading, after `Development'-- 22
insert-- 23
`and purchase'. 24
s 34 20 s 35
Education Legislation Amendment Bill 2006
(2) Section 8, after paragraph (a)-- 1
insert-- 2
`(aa) to purchase and revise 1-12 syllabuses and preschool 3
guidelines developed by entities other than the 4
authority;'. 5
(3) Section 8(b), after `developed'-- 6
insert-- 7
`, purchased'. 8
(4) Section 8(aa) to (d)-- 9
renumber as section 8(b) to (e). 10
(5) Section 8-- 11
insert-- 12
`(2) In performing its function to revise 1-12 syllabuses or 13
preschool guidelines under subsection (1)(b), the authority 14
must exercise its powers subject to the terms on which the 15
syllabuses or guidelines were purchased. 16
`(3) In this section-- 17
purchase a 1-12 syllabus or preschool guideline includes 18
enter into an agreement allowing the authority to approve the 19
syllabus or guideline for implementation at schools.'. 20
Clause 34 Amendment of s 11 (Assessment functions) 21
Section 11(1), from `an area of learning'-- 22
omit, insert-- 23
`school subjects that are certification studies.'. 24
Clause 35 Replacement of s 13 (Certification functions) 25
Section 13-- 26
omit, insert-- 27
`13 Certification functions 28
`(1) The authority has the following functions-- 29
(a) to issue-- 30
s 36 21 s 36
Education Legislation Amendment Bill 2006
(i) the QCE and other certificates of achievement of 1
the types provided for under a regulation; and 2
(ii) statements of results of the types provided for 3
under a regulation; 4
(b) to review, and make recommendations to the Minister 5
about, the requirements for issuing the certificates and 6
statements mentioned in paragraph (a); 7
(c) to inform the public about-- 8
(i) the certificates and statements mentioned in 9
paragraph (a); and 10
(ii) the requirements for issuing the certificates and 11
statements mentioned in paragraph (a). 12
`(2) Also, the authority has the function to approve work 13
programs, for use by the schools that developed the work 14
programs, for school subjects that are certification studies. 15
`(3) In addition, the authority has the function to recognise the 16
results of a person in certification studies, other than school 17
subjects for which-- 18
(a) there is an approved syllabus; or 19
(b) a work program has been approved under subsection 20
(2).'. 21
Clause 36 Replacement of s 14A (Participation functions) 22
Section 14A-- 23
omit, insert-- 24
`14A Student account functions 25
`The authority has the following functions-- 26
(a) to keep student accounts under part 2A for-- 27
(i) young persons in the student account phase; and 28
(ii) other persons for whom student accounts are 29
opened under part 2A, division 2, subdivision 2;2 30
2 Part 2A (Student accounts), division 2 (Opening student accounts), subdivision 2
(Accounts for other persons)
s 37 22 s 40
Education Legislation Amendment Bill 2006
(b) to deal with information recorded in the accounts in the 1
way permitted or required under that part.'. 2
Clause 37 Amendment of s 17 (Other functions) 3
Section 17(b)-- 4
omit, insert-- 5
`(b) to give a person, on request, a copy of any of the 6
following that was issued to the person-- 7
(i) a certificate, about the completion of the person's 8
studies, under the Education Act 1964 or the 9
Education (Senior Secondary School Studies) Act 10
1988; 11
(ii) a certificate of achievement; 12
(iii) a statement of results of a type prescribed under a 13
regulation;'. 14
Clause 38 Amendment of pt 2, div 4 hdg (Results, tests and 15
notifications of syllabuses and preschool guidelines) 16
Part 2, division 4 heading, `Results, tests'-- 17
omit, insert-- 18
`Tests'. 19
Clause 39 Omission of ss 18A and 18B 20
Sections 18A and 18B-- 21
omit. 22
Clause 40 Amendment of s 20 (Notification of approved or 23
accredited syllabus or preschool guideline) 24
Section 20(1)(a), after `developed'-- 25
insert-- 26
`, purchased'. 27
s 41 23 s 41
Education Legislation Amendment Bill 2006
Clause 41 Insertion of new pt 2A 1
After section 21-- 2
insert-- 3
`Part 2A Student accounts 4
`Division 1 Preliminary 5
`21A Explanation and purposes 6
`(1) This part provides for the keeping of a record (a student 7
account) for a person-- 8
(a) about the person's participation in eligible options 9
during the compulsory participation phase, if the person 10
is in the compulsory participation phase; and 11
(b) of the person's results in certification studies. 12
`(2) The purposes for which student accounts are kept are-- 13
(a) supporting the authority in performing its certification 14
functions under section 13; and 15
(b) making information available to the chief executive to 16
enable the chief executive to carry on planning 17
activities; and 18
(c) for student accounts kept for young persons in the 19
compulsory participation phase--making information 20
available to the chief executive to enable the chief 21
executive to carry on re-engagement activities. 22
`21B Definitions for pt 2A 23
`In this part-- 24
aggregated information means information, about persons for 25
whom student accounts are kept, that-- 26
(a) comprises or includes, or is derived from, information 27
given to the authority under this part; and 28
(b) could not reasonably be expected to result in the 29
identification of any of the persons to whom it relates. 30
s 41 24 s 41
Education Legislation Amendment Bill 2006
eligible option see the E(GP) Act, section 232. 1
exempt provider means a provider for certification studies that 2
are not a component of an eligible option, if the provider does 3
not provide educational instruction in the studies in 4
Queensland. 5
planning activities means-- 6
(a) planning activities under the E(GP) Act, section 6; and 7
(b) education planning activities. 8
provider-- 9
(a) generally, means a provider for-- 10
(i) an eligible option; or 11
(ii) certification studies that are not a component of an 12
eligible option; or 13
(b) for an eligible option, see the E(GP) Act, section 232; or 14
(c) for certification studies that are not a component of an 15
eligible option, means an entity that-- 16
(i) provides educational instruction in the studies, or 17
carries out the assessment of persons for the 18
studies, in Queensland; and 19
(ii) issues persons' results in the studies. 20
re-engagement activities see the E(GP) Act, section 6. 21
student visa holder means a person who holds a student visa 22
issued under the Migration Act 1958 (Cwlth). 23
`21C Meaning of student account phase 24
`A young person is in the student account phase if-- 25
(a) the person is in the compulsory participation phase; or 26
(b) the person is not yet in the compulsory participation 27
phase but a student account has been opened for the 28
person. 29
s 41 25 s 41
Education Legislation Amendment Bill 2006
`Division 2 Opening student accounts 1
`Subdivision 1 Accounts for young persons about 2
to enter, or in, the compulsory 3
participation phase 4
`21D When an account must be opened 5
`A student account must be opened for a young person within 6
1 year before the start of the person's compulsory 7
participation phase. 8
`21E Who must open an account 9
`The following person is responsible for opening a student 10
account for a young person-- 11
(a) if the young person is enrolled with a school--the 12
principal of the school; 13
(b) otherwise--the chief executive. 14
`21F How an account is opened 15
`(1) A student account is opened for a young person by giving 16
notice to the authority of each of the following-- 17
(a) the person's name and any previous names of the 18
person; 19
(b) the person's sex; 20
(c) the person's date of birth; 21
(d) the person's address; 22
(e) the person's phone number, if the person consents to it 23
being given to the authority; 24
(f) if the person has a parent--the parent's name and 25
address; 26
(g) whether the person is an Aboriginal person or Torres 27
Strait Islander; 28
s 41 26 s 41
Education Legislation Amendment Bill 2006
(h) whether the person is a person from a non-English 1
speaking background; 2
(i) each eligible option in which the person proposes to 3
participate when the person starts the compulsory 4
participation phase; 5
(j) whether the person's participation in each eligible 6
option will be full-time; 7
(k) whether the person is a student visa holder; 8
(l) if the person is enrolled with a school--which year of 9
schooling the person is in; 10
(m) other information prescribed under a regulation. 11
`(2) However, subsection (1)(f) does not apply if the person 12
opening the student account is satisfied it would be 13
inappropriate in the circumstances to give notice of the name 14
and address of a parent of the young person. 15
16
Example--
17
It may be inappropriate to give notice of the name and address of a
18
parent of the young person if the young person is living independently
19
of his or her parents.
`21G Obligation to open an account for young persons in 20
other circumstances 21
`(1) This section applies if-- 22
(a) the authority receives a notice under section 21K3 about 23
a young person who is in the compulsory participation 24
phase; and 25
(b) there is no student account open for the person. 26
`(2) The authority must give the provider a notice asking it to open 27
a student account for the young person. 28
`(3) On receiving the request, the provider must open a student 29
account for the young person by giving notice to the authority 30
of the following information relating to the person-- 31
3 Section 21K (Obligation to notify enrolment--eligible option)
s 41 27 s 41
Education Legislation Amendment Bill 2006
(a) the information mentioned in section 21F(1)(a) to (h), 1
(k) and (m); 2
(b) the eligible option of the provider in which the person is 3
participating or proposes to participate; 4
(c) whether the person's participation in the eligible option 5
is, or will be, full-time; 6
(d) any other eligible options in which the person is 7
participating, or has participated, since starting the 8
compulsory participation phase of which the provider is 9
aware. 10
`(4) However, the provider is not required to give notice of the 11
information mentioned in section 21F(1)(f) if the provider is 12
satisfied it would be inappropriate in the circumstances to give 13
notice of the name and address of a parent of the young 14
person. 15
16
Example--
17
It may be inappropriate to give notice of the name and address of a
18
parent of the young person if the young person is living independently
19
of his or her parents.
`Subdivision 2 Accounts for other persons 20
`21H Who may have an account opened under sdiv 2 21
`Any person may have a student account opened under this 22
subdivision, other than a person who-- 23
(a) is in the student account phase; or 24
(b) is of compulsory school age or younger. 25
`21I How an account is opened 26
`(1) A person who wishes to have a student account opened under 27
this subdivision may either-- 28
(a) if the person is enrolled with a provider, other than an 29
exempt provider, in certification studies--give the 30
provider the required information and ask the provider 31
to open the account for the person; or 32
s 41 28 s 41
Education Legislation Amendment Bill 2006
(b) give the chief executive the required information and 1
ask the chief executive to open the account for the 2
person. 3
`(2) The provider or chief executive must open the account by 4
giving notice to the authority of the required information. 5
`(3) The required information is each of the following-- 6
(a) the information mentioned in section 21F(1)(a) to (e), 7
(g), (h) and (k); 8
(b) if the person is under 18 years and has a parent--the 9
parent's name and address; 10
(c) details of each of the certification studies in which the 11
person is enrolled when the required information is 12
given to the provider or chief executive, including the 13
name and type of the provider for the studies, of which 14
the provider or chief executive is aware; 15
(d) other information prescribed under a regulation. 16
`(4) However, the information mentioned in subsection (3)(b) is 17
not required information if the provider or chief executive is 18
satisfied it would be inappropriate in the circumstances to give 19
notice of the name and address of a parent of the person. 20
21
Example--
22
It may be inappropriate to give notice of the name and address of a
23
parent of the person if the person is living independently of his or her
24
parents.
`Subdivision 3 Account numbers for student 25
accounts 26
`21J Authority to assign account number etc. 27
`(1) After a student account is opened for a person, the authority 28
must-- 29
(a) assign a number to the account (the account number); 30
and 31
(b) give notice to the person stating-- 32
(i) that the account has been opened; and 33
s 41 29 s 41
Education Legislation Amendment Bill 2006
(ii) the account number; and 1
(iii) other information prescribed under a regulation; 2
and 3
(c) if the name and address of a parent of the person are 4
recorded in the account--give notice to the parent 5
stating-- 6
(i) that a student account has been opened for the 7
person; and 8
(ii) the account number; and 9
(d) give notice to the person who opened the account 10
stating-- 11
(i) that a student account has been opened for the 12
person; and 13
(ii) the account number. 14
`(2) The authority complies with a requirement under subsection 15
(1) to give a notice if an agent of the authority gives the notice 16
on the authority's behalf. 17
`Division 3 Provision of account information to 18
the authority 19
`Subdivision 1 Providers' obligations to give 20
information 21
`21K Obligation to notify enrolment--eligible option 22
`If a young person in the student account phase enrols with a 23
provider in a program or course that is a component of an 24
eligible option, the provider must give notice to the authority 25
of the following information-- 26
(a) the person's name and any previous names of the 27
person; 28
(b) the person's address; 29
(c) the person's date of birth; 30
s 41 30 s 41
Education Legislation Amendment Bill 2006
(d) if a student account is open for the person and the 1
provider has the account number for the account--the 2
account number; 3
(e) the eligible option in which the person is participating, 4
or proposes to participate, by enrolling in the program or 5
course; 6
(f) the components of the eligible option being undertaken, 7
or proposed to be undertaken, by the person; 8
(g) the date of enrolment in the program or course; 9
(h) the date the person started, or proposes to start, to 10
comply with the provider's attendance requirements for 11
the program or course; 12
(i) whether the person's participation in the eligible option 13
is, or will be, full-time; 14
(j) the name and type of the provider. 15
`21L Obligation to notify enrolment--certification studies 16
`(1) This section applies if-- 17
(a) a person enrols with a provider, other than an exempt 18
provider, in certification studies; and 19
(b) a student account is open for the person; and 20
(c) the provider has the account number for the person's 21
student account; and 22
(d) the provider is not required to notify the authority about 23
the enrolment under section 21K. 24
`(2) The provider must give notice to the authority of the following 25
information-- 26
(a) the person's name; 27
(b) the account number for the person's student account; 28
(c) the person's address; 29
(d) the person's date of birth; 30
(e) the certification studies in which the person is enrolled; 31
s 41 31 s 41
Education Legislation Amendment Bill 2006
(f) the date of the person's enrolment in the studies; 1
(g) the name and type of the provider. 2
`21M Obligation to notify results--certification studies 3
`(1) A provider must give the authority result information about a 4
person who is or was enrolled with the provider in 5
certification studies if-- 6
(a) the person is in the student account phase; or 7
(b) the person is not in the student account phase but-- 8
(i) a student account is open for the person; and 9
(ii) the provider has the account number for the 10
person's student account. 11
`(2) The information must be given at the times, and in the ways, 12
prescribed under a regulation. 13
`(3) In this section-- 14
result information, about a person, means each of the 15
following-- 16
(a) the results of the assessment, carried out by the provider, 17
of the person for certification studies; 18
(b) when the results were achieved; 19
(c) qualifications conferred on the person by the provider; 20
(d) when the qualifications were conferred. 21
`21N Obligation to notify other matters 22
`(1) This section applies to a provider with which a person is or 23
was enrolled if-- 24
(a) the person is in the student account phase; or 25
(b) the person is not in the student account phase but-- 26
(i) the person is or was enrolled in certification 27
studies; and 28
(ii) a student account is kept for the person; and 29
s 41 32 s 41
Education Legislation Amendment Bill 2006
(iii) the provider has the account number for the 1
person's student account. 2
`(2) The provider must give notice to the authority of the following 3
matters-- 4
(a) if the provider becomes satisfied it is inappropriate in 5
the circumstances for the name and address of a parent 6
of the person to be recorded in the account--that the 7
name and address of the parent must be removed from 8
the account; 9
10
Example--
11
It may be inappropriate for the name and address of a parent of
12
the person to be recorded in the person's student account if the
13
person is living independently of his or her parents.
(b) if the provider becomes satisfied it is appropriate in the 14
circumstances for the name and address of a parent of 15
the person to be recorded in the account--the name and 16
address of the parent; 17
(c) if the provider is aware that prescribed information has 18
changed or is incorrect--the new or correct information; 19
(d) if the provider is aware that information about the 20
person's enrolment or results in certification studies, 21
previously notified by the provider to the authority 22
under this part, has changed, is incorrect or is 23
incorrectly recorded in the person's student 24
account--the new or correct information; 25
(e) if the person stops being enrolled with the provider--the 26
date the person stopped being enrolled with the 27
provider. 28
`(3) Subsection (2)(a) and (b) do not apply if the person is 18 years 29
or more. 30
`(4) If the person is in the student account phase and the person 31
dies, the provider must, if the provider is aware of the death, 32
give notice of the death to the authority. 33
`(5) Notices required to be given under this section must be given 34
at the times prescribed under a regulation. 35
`(6) In this section-- 36
s 41 33 s 41
Education Legislation Amendment Bill 2006
prescribed information means any of the following recorded 1
in the person's student account-- 2
(a) the person's name; 3
(b) the person's sex; 4
(c) the person's date of birth; 5
(d) the person's address; 6
(e) the person's phone number; 7
(f) whether the person is an Aboriginal person or Torres 8
Strait Islander; 9
(g) whether the person is from a non-English speaking 10
background; 11
(h) whether the person is a student visa holder. 12
`21O Authority to record information in account 13
`(1) This section applies if the authority receives information-- 14
(a) under division 2 about a person for whom a student 15
account is opened; or 16
(b) under this subdivision about a person for whom a 17
student account is open. 18
`(2) The authority must ensure information is recorded in the 19
student account in accordance with the information received. 20
`Subdivision 2 Persons who may give information 21
on behalf of providers 22
`21P VETE chief executive 23
`(1) This section applies to a provider that is a TAFE institute or 24
registered training organisation. 25
`(2) The provider complies with a requirement under this part to 26
give notice to the authority if, with the written agreement of 27
the VETE chief executive, it gives the relevant information to 28
the VETE chief executive and asks the VETE chief executive 29
to give the notice on its behalf. 30
s 41 34 s 41
Education Legislation Amendment Bill 2006
`(3) Notice given by the VETE chief executive on behalf of the 1
provider is taken to have been given by the provider. 2
`(4) In this section-- 3
registered training organisation see the VETE Act, section 4
14. 5
TAFE institute see the VETE Act, section 191. 6
`21Q Authorised agent 7
`(1) This section applies to a provider to which section 21P does 8
not apply. 9
`(2) The provider may enter into a written agreement with an 10
entity (an authorised agent) authorising the entity to act as the 11
provider's agent for complying with the provider's obligations 12
to give notices under this part. 13
`(3) A provider complies with a requirement under this part to give 14
notice to the authority if an authorised agent for the provider 15
gives the notice to the authority on the provider's behalf. 16
`(4) Notice given by an authorised agent on behalf of a provider is 17
taken to have been given by the provider. 18
`Subdivision 3 Information not given by a provider 19
under subdivision 1 20
`21R Circumstances in which information must be 21
recorded in account 22
`(1) This section applies to information, about a person for whom 23
a student account is open, held or obtained by the authority, 24
other than information obtained from a provider under 25
subdivision 1. 26
`(2) The authority must record the information in the person's 27
student account in the circumstances prescribed under a 28
regulation. 29
s 41 35 s 41
Education Legislation Amendment Bill 2006
`Division 4 Use and disclosure of account 1
information by authority 2
`21S Use by authority and disclosure to providers for 3
verification 4
`(1) The authority may use information recorded in a student 5
account to perform its certification functions under section 13. 6
`(2) The authority may disclose prescribed information for a 7
student account to a relevant provider to the extent necessary 8
for the authority to ensure the accuracy of the information. 9
`(3) However, the authority may disclose information about the 10
enrolment or results, in certification studies, of the person for 11
whom the student account is kept, only to the provider for the 12
studies. 13
`(4) If the authority discloses information under subsection (2), the 14
provider must, as soon as practicable, give notice to the 15
authority stating-- 16
(a) whether the disclosed information is correct; and 17
(b) if the disclosed information is incorrect--the correct 18
information. 19
`(5) If the authority is notified under subsection (4) that the 20
disclosed information is incorrect, the authority must-- 21
(a) ensure the incorrect information is corrected or removed 22
from the account; and 23
(b) give the person for whom the student account is kept 24
notice of the changes made to information recorded in 25
the account. 26
`(6) In this section-- 27
prescribed information, for a student account, means-- 28
(a) if the student account is kept for a young person in the 29
student account phase--the account number for the 30
account and any of the information recorded in the 31
account; or 32
s 41 36 s 41
Education Legislation Amendment Bill 2006
(b) otherwise--the account number for the student account 1
and any of the following information recorded in the 2
account-- 3
(i) the person's name; 4
(ii) the person's address; 5
(iii) information about the person's enrolment or results 6
in certification studies. 7
relevant provider means a provider the authority reasonably 8
believes will be able to confirm the accuracy of the prescribed 9
information. 10
`21T Disclosure to providers, or their agents, for other 11
purposes 12
`(1) This section prescribes, for a provider or a prescribed agent 13
for a provider-- 14
(a) the information recorded in the student account kept for 15
a person to which the authority must give the provider or 16
agent access (the accessible information); and 17
(b) the purpose of the access. 18
`(2) For a relevant provider for the person, if the provider is a 19
school-- 20
(a) the accessible information is all of the information; and 21
(b) the purpose of the access is to help the provider-- 22
(i) comply with section 21N; and 23
(ii) manage the educational program provided to the 24
person. 25
`(3) For a relevant provider for the person, other than a school-- 26
(a) the accessible information is-- 27
(i) identifying information about the person; and 28
(ii) information about certification studies in which the 29
person is or was enrolled with the provider; and 30
(b) the purpose of the access is to-- 31
s 41 37 s 41
Education Legislation Amendment Bill 2006
(i) enable the provider to verify identifying 1
information about the person held by the provider 2
for ensuring information notified by the provider to 3
the authority under division 3 relates to the correct 4
person for whom a student account is kept; and 5
(ii) help the provider comply with section 21N. 6
`(4) For a prescribed agent for a relevant provider for the person-- 7
(a) the accessible information is identifying information 8
about the person; and 9
(b) the purpose of the access is to enable the agent to verify 10
identifying information about the person given to the 11
agent by the provider for ensuring information notified 12
for the provider to the authority under division 3 relates 13
to the correct person for whom a student account is kept. 14
`(5) In this section-- 15
identifying information, about a person, means the following 16
information-- 17
(a) the person's name; 18
(b) the person's sex; 19
(c) the account number for the person's student account; 20
(d) the person's date of birth. 21
prescribed agent, for a provider, means-- 22
(a) for a TAFE institute or registered training organisation 23
under section 21P that has entered into an agreement 24
mentioned in section 21P(2)--the VETE chief 25
executive, to the extent the accessible information is 26
covered by the agreement; or 27
(b) for a provider other than a TAFE institute or registered 28
training organisation under section 21P--an authorised 29
agent for the provider. 30
relevant provider, for a person, means a provider with whom 31
the person is enrolled in certification studies. 32
s 41 38 s 41
Education Legislation Amendment Bill 2006
`21U Disclosure to the chief executive 1
`(1) To enable the chief executive to carry on planning activities, 2
the authority must give the chief executive the aggregated 3
information the chief executive asks for. 4
`(2) The authority must include, in its annual report for a financial 5
year under the Financial Administration and Audit Act 1977, 6
the details of each request under subsection (1) received 7
during the financial year. 8
`(3) To enable the chief executive to carry on re-engagement 9
activities, the authority must give the chief executive any of 10
the prescribed information the chief executive asks for about a 11
stated young person or all young persons who, according to 12
the person's student account or the persons' student 13
accounts-- 14
(a) is or are in the compulsory participation phase; and 15
(b) has or have stopped being enrolled with a provider in a 16
course or program that is a component of an eligible 17
option; and 18
(c) after a period of at least 3 months, has or have not 19
re-enrolled with a provider in a course or program that is 20
a component of an eligible option. 21
`(4) In this section-- 22
prescribed information, about a young person mentioned in 23
subsection (3), means the account number for the person's 24
student account and the following information recorded in the 25
person's student account-- 26
(a) name and any previous names; 27
(b) address and telephone number; 28
(c) date of birth; 29
(d) the date the person stopped being enrolled with the 30
provider in the course or program; 31
(e) any eligible option in which the person was participating 32
immediately before the person stopped being enrolled 33
with the provider in the course or program and the 34
components of the eligible option that were being 35
undertaken by the person; 36
s 41 39 s 41
Education Legislation Amendment Bill 2006
(f) the name and type of the provider for an eligible option 1
mentioned in paragraph (e); 2
(g) any eligible option in which the person is participating 3
and the components of the eligible option being 4
undertaken by the person; 5
(h) the name and type of the provider for an eligible option 6
mentioned in paragraph (g). 7
`21V Disclosure to person for whom account is kept and 8
the person's parents 9
`(1) If a student account is kept for a person, the authority must 10
give the person access to information recorded in the account. 11
`(2) Also, subsection (3) applies if-- 12
(a) a student account is kept for-- 13
(i) a young person in the compulsory participation 14
phase; or 15
(ii) a person who is under 18 years and is not in the 16
compulsory participation phase; and 17
(b) the name and address of a parent of the person are 18
recorded in the account. 19
`(3) To help the parent-- 20
(a) support the person's progress towards obtaining a 21
certificate of achievement or statement of results; and 22
(b) if the person is in the compulsory participation phase-- 23
comply with the E(GP) Act, section 239(1);4 24
the authority must give the parent access to information 25
recorded in the account. 26
`(4) Section 755 does not apply to the authority giving access to 27
information under this section. 28
4 E(GP) Act, section 239 (Obligation to ensure participation)
5 Section 75 (Privacy)
s 41 40 s 41
Education Legislation Amendment Bill 2006
`21W Disclosure of aggregated information to relevant 1
entities 2
`The authority must give each of the relevant entities, at the 3
times prescribed under a regulation, the aggregated 4
information prescribed under a regulation relating to the 5
entity. 6
`21X Disclosure to VETE chief executive 7
`(1) To enable the VETE department to comply with its reporting 8
obligations under the Commonwealth agreements, the 9
authority must give the VETE chief executive, at the time and 10
in the way prescribed under a regulation, the relevant 11
information for a year. 12
`(2) In this section-- 13
Commonwealth agreements means-- 14
(a) the Commonwealth-State Agreement for Skilling 15
Australia's Workforce, within the meaning of the 16
Skilling Australia's Workforce Act 2005 (Cwlth), section 17
7(1), in force between the Commonwealth and 18
Queensland; and 19
(b) any agreement made between the Commonwealth and 20
Queensland for the Schools Assistance (Learning 21
Together--Achievement Through Choice and 22
Opportunity) Act 2004 (Cwlth), section 14(1)(b). 23
relevant information means the following information 24
recorded in the student account kept for a relevant student-- 25
(a) the student's name; 26
(b) the account number for the student account; 27
(c) the student's sex; 28
(d) the student's date of birth; 29
(e) the student's address; 30
(f) whether the student is an Aboriginal person or Torres 31
Strait Islander; 32
(g) whether the student is from a non-English speaking 33
background; 34
s 41 41 s 41
Education Legislation Amendment Bill 2006
(h) each VET course, and, if recorded in the account, each 1
unit of competency that is a component of the course, in 2
which the student was enrolled during the year to which 3
the relevant information relates; 4
(i) the date of the student's enrolment in the VET course; 5
(j) the name and type of the provider for the VET course; 6
(k) if the student stopped being enrolled in the VET course 7
during the year and the date the student stopped being 8
enrolled is recorded in the account--the date the student 9
stopped being enrolled in the course; 10
(l) any results of the student for the VET course or a unit of 11
competency that is a component of the course. 12
relevant student means a person for whom a student account 13
is kept who was, at any time during the year to which the 14
relevant information relates-- 15
(a) enrolled with a school; and 16
(b) undertaking the year 11 or 12 year of schooling; and 17
(c) enrolled in a VET course. 18
unit of competency has the meaning given under the VETE 19
Act, section 19. 20
VET course means a course of vocational education and 21
training provided under the VETE Act that is certification 22
studies. 23
`Division 5 Miscellaneous 24
`21Y Student visa holder 25
`(1) This section applies despite divisions 2 and 3. 26
`(2) An entity must not open a student account for a student visa 27
holder, or give notice to the authority of the enrolment of a 28
student visa holder, without the holder's written agreement. 29
`21Z Closing student account 30
`(1) This section applies if-- 31
s 41 42 s 41
Education Legislation Amendment Bill 2006
(a) a student account is opened for a person; and 1
(b) a provider notifies the authority, under section 21N(4), 2
of the person's death. 3
`(2) The authority must close the account. 4
`21ZA Consultation about proposed regulations 5
`Before recommending to the Governor in Council the 6
making of a regulation under section 21F(1)(m), 21N(5), or 7
21W,6 the Minister must consult the relevant entities. 8
`21ZB Confidentiality 9
`(1) This section applies to a person-- 10
(a) who is or has been-- 11
(i) the chief executive or a public service employee in 12
the department; or 13
(ii) a provider or an employee of a provider; or 14
(iii) an authorised agent of a provider or an employee 15
of an authorised agent; or 16
(iv) an employee of the authority; and 17
(b) who, in the course of the administration of this part, or 18
because of opportunity provided by the administration, 19
has gained or has access to information recorded in a 20
student account. 21
`(2) The person must not make a record of the information or 22
disclose the information to anyone else, other than-- 23
(a) for a purpose of this Act; or 24
(b) with the consent of the person to whom the information 25
relates; or 26
(c) in compliance with lawful process requiring production 27
of documents or giving of evidence before a court or 28
tribunal; or 29
6 Section 21F (How an account is opened), 21N (Obligation to notify other matters) or
21W (Disclosure of aggregated information to relevant entities)
s 42 43 s 42
Education Legislation Amendment Bill 2006
(d) as permitted or required by another Act. 1
Maximum penalty--50 penalty units. 2
`(3) In this section-- 3
disclose information includes give access to the information. 4
employee, of a provider, the authority or another entity, 5
includes-- 6
(a) a person appointed to a position with the entity; and 7
(b) a person engaged by the entity under a contract for 8
services; and 9
(c) an unpaid employee of the entity. 10
`21ZC Delegation by chief executive 11
`(1) The chief executive may delegate the chief executive's 12
functions under this part to an appropriately qualified officer 13
or employee of the department or the VETE department. 14
`(2) A delegation of a function may permit the subdelegation of 15
the function to an appropriately qualified officer or employee 16
of the department or the VETE department. 17
`(3) In this section-- 18
appropriately qualified includes having qualifications, 19
experience or standing appropriate for the function. 20
21
Example of standing--
22
a person's classification level in the public service
functions includes powers.'. 23
Clause 42 Amendment of s 23 (Minister's power to give directions in 24
the public interest) 25
(1) Section 23(2), after `develop'-- 26
insert-- 27
`or purchase'. 28
(2) Section 23(2), `a stated area of learning'-- 29
omit, insert-- 30
s 43 44 s 45
Education Legislation Amendment Bill 2006
`stated school studies'. 1
(3) Section 23(5)(b), after `developed'-- 2
insert-- 3
`, purchased'. 4
(4) Section 23(5)(d), `an area of learning'-- 5
omit, insert-- 6
`a school subject'. 7
(5) Section 23(5)(e)-- 8
omit, insert-- 9
`(e) the recording of a particular person's results in 10
certification studies on a certificate of achievement or 11
statement of results; or 12
(f) the issue to a particular person of a QCE, another 13
certificate of achievement or a statement of results.'. 14
Clause 43 Amendment of s 25 (Membership of authority) 15
Section 25(2)(e), `or guardians'-- 16
omit. 17
Clause 44 Amendment of s 54 (Change in requirements for 18
certification) 19
Section 54, after `achievement'-- 20
insert-- 21
`or statement of results'. 22
Clause 45 Amendment of s 69A (Employment of casual staff to help 23
authority to perform its functions under s 10, 11 or 12) 24
(1) Section 69A, heading, `or 12'-- 25
omit, insert-- 26
`, 12 or 13'. 27
s 46 45 s 47
Education Legislation Amendment Bill 2006
(2) Section 69A(1), `or 12.'-- 1
omit, insert-- 2
`, 12 or 13.7'. 3
Clause 46 Insertion of new s 72A 4
After section 72-- 5
insert-- 6
`72A Chief executive may carry on education planning 7
activities 8
`The chief executive may carry on the following activities 9
(education planning activities)-- 10
(a) monitoring the effectiveness of education provided in 11
Queensland for enabling people to obtain a certificate of 12
achievement; 13
(b) monitoring the operation and effectiveness of part 2A 14
for-- 15
(i) helping to ensure a person who is in the 16
compulsory participation phase participates in 17
education or training as required under the E(GP) 18
Act, chapter 10; and 19
(ii) recording the person's participation and learning 20
achievements.'. 21
Clause 47 Amendment of s 78 (Guidelines) 22
(1) Section 78-- 23
insert-- 24
`(1A) A regulation may provide that the authority may make a 25
guideline only with the approval of the Minister.'. 26
(2) Section 78(4) and (5), `(3)(a)'-- 27
omit, insert-- 28
7 Section 10 (Testing functions), 11 (Assessment functions), 12 (Moderation function)
or 13 (Certification functions)
s 48 46 s 49
Education Legislation Amendment Bill 2006
`(4)(a)'. 1
(3) Section 78(5), `(4)'-- 2
omit, insert-- 3
`(5)'. 4
(4) Section 78(1A) to (5)-- 5
renumber as section 78(2) to (6). 6
Clause 48 Amendment of s 79 (Regulation-making power) 7
(1) Section 79(2)(b) to (d)-- 8
omit, insert-- 9
`(b) the approval by the authority of work programs for 10
school subjects; 11
(c) the recognition of a person's results in certification 12
studies, other than school subjects for which-- 13
(i) there is an approved syllabus; or 14
(ii) a work program has been approved under section 15
13(2); 16
(d) the issuing of QCEs, other certificates of achievement, 17
and statements of results, including eligibility 18
requirements for the issue of the certificates and 19
statements;'. 20
(2) Section 79(2)(k), after `achievement'-- 21
insert-- 22
`, other than a QCE, or a statement of results'. 23
Clause 49 Amendment of s 88 (Work program) 24
Section 88-- 25
insert-- 26
27
`Note--
28
See also section 93 in relation to work programs approved for an area of
29
learning before the commencement of the Education Legislation
30
Amendment Act 2006, section 35.'.
s 50 47 s 50
Education Legislation Amendment Bill 2006
Clause 50 Insertion of new pt 7, div 4 1
After section 90-- 2
insert-- 3
`Division 4 Transitional provisions for 4
Education Legislation Amendment 5
Act 2006 6
`91 Definitions for div 4 7
`In this division-- 8
area of learning means an area of learning under the 9
pre-amended Act. 10
commencement means the commencement of the Education 11
Legislation Amendment Act 2006, section 35.8 12
pre-amended Act means this Act as in force before the 13
commencement. 14
repealed chapter 11, of the E(GP) Act, means chapter 11 of 15
that Act as in force before the commencement of the 16
Education Legislation Amendment Act 2006, section 18. 17
`92 Approved and accredited syllabuses 18
`(1) This section applies to a 1-12 syllabus that is, immediately 19
before the commencement, an approved syllabus or accredited 20
syllabus for an area of learning. 21
`(2) On the commencement, the syllabus is taken to be an 22
approved syllabus or accredited syllabus for the 23
corresponding school studies. 24
`(3) In this section-- 25
1-12 syllabus means a 1-12 syllabus under the pre-amended 26
Act. 27
8 Education Legislation Amendment Act 2006, section 35 (Replacement of s 13
(Certification functions))
s 50 48 s 50
Education Legislation Amendment Bill 2006
`93 Work programs 1
`(1) This section applies to a work program for an area of learning 2
that is, immediately before the commencement, approved by 3
the authority under section 13(2). 4
`(2) On the commencement, the work program is taken to have 5
been approved by the authority for the corresponding school 6
subject. 7
`94 Student accounts 8
`(1) A student account open under the E(GP) Act, repealed chapter 9
11, immediately before the commencement is taken to be a 10
student account opened under part 2A. 11
`(2) For section 21B, definition aggregated information, 12
information recorded in the account that was given to the 13
authority under the E(GP) Act, repealed chapter 11, is taken to 14
have been given to the authority under part 2A. 15
`(3) Subsection (4) applies if-- 16
(a) information was notified to the authority under the 17
repealed Youth Participation in Education and Training 18
Act 2003, section 42, or the E(GP) Act, repealed section 19
258, about a person's enrolment in a course or program; 20
and 21
(b) the course or program is certification studies under part 22
2A. 23
`(4) For section 21N(2)(d), the information mentioned in 24
subsection (3)(a) is taken to have been notified to the authority 25
under part 2A. 26
`(5) Subsection (6) applies if a provider becomes aware, after the 27
commencement, that the provider-- 28
(a) was required, under a repealed provision, to give notice 29
to the authority before the commencement; and 30
(b) did not give notice. 31
`(6) The provider must give the notice as soon as practicable after 32
becoming aware the notice was not given. 33
s 50 49 s 50
Education Legislation Amendment Bill 2006
`(7) For subsection (6), the repealed provision continues to apply 1
to the extent it provided for the information to be included in 2
the notice. 3
`(8) Section 21ZB(2) is taken to apply to a person-- 4
(a) mentioned in section 21ZB(1)(a); and 5
(b) who, in the course of the administration of the E(GP) 6
Act, repealed chapter 11, or because of the opportunity 7
provided by the administration, had gained or had access 8
to information recorded in a student account opened 9
under the repealed chapter. 10
`(9) In this section-- 11
provider see section 21B. 12
repealed provision means-- 13
(a) the repealed Youth Participation in Education and 14
Training Act 2003, part 4; or 15
(b) the E(GP) Act, repealed chapter 11. 16
`95 Transitional regulation-making power 17
`(1) A regulation (a transitional regulation) may make provision 18
for any matter for which-- 19
(a) it is necessary to make provision to allow or facilitate 20
the doing of anything to achieve the transition from the 21
operation of the E(GP) Act, repealed chapter 11, to the 22
operation of this Act as amended by the Education 23
Legislation Amendment Act 2006; and 24
(b) this Act does not make provision or sufficient provision. 25
`(2) A transitional regulation may have retrospective operation to a 26
day not earlier than the commencement. 27
`(3) A transitional regulation must declare that it is a transitional 28
regulation. 29
`(4) This section and any transitional regulation expire 1 year after 30
the commencement.'. 31
s 51 50 s 51
Education Legislation Amendment Bill 2006
Clause 51 Amendment of sch 2 (Dictionary) 1
(1) Schedule 2, definitions 1-12 syllabus, area of learning, 2
certificate of achievement, guardian, non-authority area of 3
learning, parent and vocational education and training 4
department-- 5
omit. 6
(2) Schedule 2-- 7
insert-- 8
`1-12 syllabus means a syllabus for school studies in 1 or 9
more of the years 1 to 12 years of schooling. 10
account number, for part 2A, see section 21J(1)(a). 11
aggregated information, for part 2A, see section 21B. 12
area of learning, for part 7, division 4, see section 91. 13
authorised agent, for part 2A, see section 21Q(2). 14
certificate of achievement means-- 15
(a) a QCE; or 16
(b) another certificate issuable under this Act to a person 17
who meets the eligibility requirements provided for 18
under this Act for the issue of the certificate. 19
certification studies means studies prescribed under a 20
regulation to be contributing studies for a certificate of 21
achievement. 22
commencement-- 23
(a) for part 7, division 2, see section 81; and 24
(b) for part 7, division 4, see section 91. 25
compulsory participation phase see the E(GP) Act, section 26
231. 27
compulsory school age see the E(GP) Act, section 9. 28
education planning activities see section 72A. 29
E(GP) Act means the Education (General Provisions) Act 30
2006. 31
eligible option, for part 2A, see section 21B. 32
s 51 51 s 51
Education Legislation Amendment Bill 2006
exempt provider, for part 2A, see section 21B. 1
former body, for part 7, division 2, see section 81. 2
parent see the E(GP) Act, section 10. 3
planning activities, for part 2A, see section 21B. 4
pre-amended Act, for part 7, division 4, see section 91. 5
provider, for part 2A, see section 21B. 6
purchase see section 8(3). 7
QCE means Queensland certificate of education. 8
Queensland certificate of education means a certificate 9
issuable under this Act to a person who meets the eligibility 10
requirements provided for under this Act for the issue of the 11
certificate. 12
re-engagement activities, for part 2A, see section 21B. 13
relevant entities means the following entities-- 14
(a) AISQ; 15
(b) QCEC; 16
(c) the VETE chief executive. 17
repealed Act, for part 7, division 2, see section 81. 18
repealed chapter 11, for part 7, division 4, see section 91. 19
school studies means-- 20
(a) the 8 key learning areas provided for under the Adelaide 21
Declaration on National Goals for Schooling in the 22
Twenty-first Century; or 23
24
Note--
25
The declaration was made at the 10th Ministerial Council on
26
Education, Employment, Training and Youth Affairs held on 22
27
and 23 April 1999.
28
Editor's note--
29
The declaration may be viewed on the website of the
30
Department of Education, Science and Training (Cwlth) at
31
.
(b) school subjects. 32
s 51 52 s 51
Education Legislation Amendment Bill 2006
statement of results means a statement, issuable under this 1
Act, recording information that is-- 2
(a) recorded in a person's student account; and 3
(b) prescribed under a regulation for the statement. 4
student account see section 21A(1). 5
student account phase see section 21C. 6
student visa holder, for part 2A, see section 21B. 7
VETE Act means the Vocational Education, Training and 8
Employment Act 2000. 9
VETE chief executive means the chief executive of the VETE 10
department. 11
VETE department means the department in which the VETE 12
Act is administered.'. 13
(3) Schedule 2, definitions accredited syllabus and approved 14
syllabus, `an area of learning'-- 15
omit, insert-- 16
`school studies'. 17
(4) Schedule 2, definitions accredited syllabus and approved 18
syllabus, `the area of learning'-- 19
omit, insert-- 20
`the studies'. 21
(5) Schedule 2, definitions approved preschool guideline and 22
approved syllabus, after `developed'-- 23
insert-- 24
`, purchased'. 25
(6) Schedule 2, definition approved preparatory guideline, after 26
`developed'-- 27
insert-- 28
`, purchased'. 29
s 52 53 s 52
Education Legislation Amendment Bill 2006
(7) Schedule 2, definitions assessment data, students and 1
syllabus, `an area of learning'-- 2
omit, insert-- 3
`school studies'. 4
Part 5 Minor and consequential 5
amendments of Acts 6
Clause 52 Acts amended in schedule 7
The schedule amends the Acts mentioned in it. 8
54
Education Legislation Amendment Bill 2006
Schedule Minor and consequential 1
amendments 2
section 52 3
Education (Accreditation of Non-State Schools) Act 4
2001 5
1 Sections 98A(1), 186(4) and 187(6), `93(a)'-- 6
omit, insert-- 7
`93(1)(a)'. 8
2 Section 224(2), `93(f)'-- 9
omit, insert-- 10
`93(1)(f)'. 11
Education (Queensland Studies Authority) Act 2002 12
1 Sections 14(a), 15(f) and 74, `Vocational Education, 13
Training and Employment Act 2000'-- 14
omit, insert-- 15
`VETE Act'. 16
2 Sections 14(c), 15(f)(vii), 25(1)(b) and (2)(j) and 76 and 17
schedule 2, definition Higher Education Forum, 18
paragraph (c), `vocational education and training 19
department'-- 20
omit, insert-- 21
`VETE department'. 22
55
Education Legislation Amendment Bill 2006
Schedule (continued)
Freedom of Information Act 1992 1
1 Section 11(1)(y)(i), after `achievement'-- 2
insert-- 3
`or statement of results'. 4
2 Section 11(1)(y)(viii)-- 5
omit, insert-- 6
`(viii)aggregated information as defined under the 7
Education (Queensland Studies Authority) Act 8
2002, section 21B.'. 9
3 Section 11(4), definition certificate of achievement-- 10
omit. 11
4 Section 11(4)-- 12
insert-- 13
`certificate of achievement means-- 14
(a) a certificate issued under the repealed Education (Senior 15
Secondary School Studies) Act 1988 recording details of 16
a person's achievement in the study of an area of 17
learning; or 18
(b) a certificate of achievement issued under the Education 19
(Queensland Studies Authority) Act 2002. 20
statement of results means a statement of results issued under 21
the Education (Queensland Studies Authority) Act 2002.'. 22
56
Education Legislation Amendment Bill 2006
Schedule (continued)
Higher Education (General Provisions) Act 2003 1
1 Section 59(1), from `the day prescribed'-- 2
omit, insert-- 3
`the most recently ended year.'. 4
2 Section 59(2), from `within'-- 5
omit, insert-- 6
`not later than the day prescribed under a regulation.'. 7
3 Section 59(3), definition course survey data, paragraphs 8
(a), (b), and (d) to (f), `undertaking'-- 9
omit, insert-- 10
`who undertook'. 11
4 Section 59(3), definition course survey data, paragraph 12
(g)-- 13
omit. 14
5 Section 59(3), definition course survey data, paragraphs 15
(h) and (i)-- 16
renumber as paragraphs (g) and (h). 17
© State of Queensland 2006
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