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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Education Legislation
Amendment Bill 2012
Queensland
Education Legislation Amendment
Bill 2012
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Education and Training Legislation
Amendment Act 2011
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 9 (Insertion of new s 365A) . . . . . . . . . . . . . . . . 4
4 Amendment of s 11 (Insertion of new ss 366A and 366B) . . . . . . 5
Part 3 Amendment of Education (General Provisions) Act 2006
5 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Amendment of s 50 (State education to be free) . . . . . . . . . . . . . 5
7 Amendment of s 288F (Exclusion of student by principal) . . . . . . 6
8 Amendment of s 293 (Exclusion of student by principal's
supervisor) .................................... 6
9 Amendment of s 302 (Exclusion of student by chief executive) . . 6
10 Omission of s 314 (Periodic review of decision to exclude
permanently on ground mentioned in s 288B, 289 or
298--person under 17 years). . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
11 Amendment of s 315 (Periodic review of decision to exclude
permanently on ground mentioned in s 288B, 289 or
298--person aged from 17 to 24 years). . . . . . . . . . . . . . . . . . . . 7
12 Amendment of s 365 (Obligation to report sexual abuse of
person under 18 years at State school) . . . . . . . . . . . . . . . . . . . . 7
13 Amendment of s 368 (Provision of scholarships and payment of
allowances). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
14 Insertion of new ch 19, pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 1A Distance education pre-preparatory learning
program
419E Distance education pre-preparatory learning program 8
419F Registration in programs . . . . . . . . . . . . . . . . . . . . . . 9
Education Legislation Amendment Bill 2012
Contents
419G Review of decision to refuse to grant an application . 10
419H Status of children registered in programs. . . . . . . . . . 11
15 Amendment of s 426 (Confidentiality) . . . . . . . . . . . . . . . . . . . . . 11
16 Amendment of s 428 (Collection of demographic information). . . 11
17 Insertion of new ch 20, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 5 Transitional provision for Education Legislation
Amendment Act 2012
512 Final notice for written submission under s 314 . . . . . 12
18 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 13
Part 4 Amendment of Education (Queensland College of
Teachers) Act 2005
19 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
20 Amendment of s 230 (College's functions about registration and
permission to teach) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
21 Replacement of s 235 (Professional standards). . . . . . . . . . . . . . 14
235 Professional standards . . . . . . . . . . . . . . . . . . . . . . . . 14
22 Insertion of new ch 12, pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Part 14 Transitional provision for Education Legislation
Amendment Act 2012
353 Existing standards continue in force. . . . . . . . . . . . . . 15
23 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 16
Page 2
2012
A Bill
for
An Act to amend the Education and Training Legislation
Amendment Act 2011, the Education (General Provisions) Act
2006 and the Education (Queensland College of Teachers) Act
2005 for particular purposes
Education Legislation Amendment Bill 2012
Part 1 Preliminary
[s 1]
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 2012. 5
Part 2 Amendment of Education and 6
Training Legislation 7
Amendment Act 2011 8
Clause 2 Act amended 9
This part amends the Education and Training Legislation 10
Amendment Act 2011. 11
Clause 3 Amendment of s 9 (Insertion of new s 365A) 12
(1) Section 9, inserted section 365A(1)(b)-- 13
omit, insert-- 14
`(b) a pre-preparatory age child registered in-- 15
(i) a pre-preparatory learning program at the school; 16
or 17
(ii) a distance education pre-preparatory learning 18
program at the school;'. 19
(2) Section 9, inserted section 365A-- 20
insert-- 21
Page 4
Education Legislation Amendment Bill 2012
Part 3 Amendment of Education (General Provisions) Act 2006
[s 4]
`(10) To remove any doubt, it is declared that a person does 1
not commit an offence against this or another Act only 2
because the person omits to do an act required under this 3
section.'. 4
Editor's note-- 5
Subsections (1) to (2), legislation ultimately amended-- 6
· Education (General Provisions) Act 2006 7
Clause 4 Amendment of s 11 (Insertion of new ss 366A and 366B) 8
Section 11, inserted section 366A-- 9
insert-- 10
`(9) To remove any doubt, it is declared that a person does 11
not commit an offence against this or another Act only 12
because the person omits to do an act required under this 13
section.'. 14
Editor's note-- 15
Legislation ultimately amended-- 16
· Education (General Provisions) Act 2006 17
Part 3 Amendment of Education 18
(General Provisions) Act 2006 19
Clause 5 Act amended 20
This part amends the Education (General Provisions) Act 21
2006. 22
Clause 6 Amendment of s 50 (State education to be free) 23
Section 50(1)(b)-- 24
omit, insert-- 25
Page 5
Education Legislation Amendment Bill 2012
Part 3 Amendment of Education (General Provisions) Act 2006
[s 7]
`(b) a person who is a pre-preparatory age child registered 1
in-- 2
(i) a pre-preparatory learning program at a prescribed 3
State school; or 4
(ii) a distance education pre-preparatory learning 5
program at a State school;'. 6
Clause 7 Amendment of s 288F (Exclusion of student by principal) 7
Section 288F(3)-- 8
insert-- 9
`(f) if the student is excluded from the school 10
permanently--that the student may make a periodic 11
written submission to the chief executive under division 12
6.'. 13
Clause 8 Amendment of s 293 (Exclusion of student by principal's 14
supervisor) 15
Section 293(3)-- 16
insert-- 17
`(e) if the student is excluded from the school or schools 18
permanently--that the student may make a periodic 19
written submission to the chief executive under division 20
6.'. 21
Clause 9 Amendment of s 302 (Exclusion of student by chief 22
executive) 23
Section 302(3)-- 24
insert-- 25
`(f) if the student is excluded from the school or schools 26
permanently--that the student may make a periodic 27
written submission to the chief executive under division 28
6.'. 29
Page 6
Education Legislation Amendment Bill 2012
Part 3 Amendment of Education (General Provisions) Act 2006
[s 10]
Clause 10 Omission of s 314 (Periodic review of decision to exclude 1
permanently on ground mentioned in s 288B, 289 or 2
298--person under 17 years) 3
Section 314-- 4
omit. 5
Clause 11 Amendment of s 315 (Periodic review of decision to 6
exclude permanently on ground mentioned in s 288B, 289 7
or 298--person aged from 17 to 24 years) 8
(1) Section 315, heading, `aged from 17 to'-- 9
omit, insert-- 10
`under'. 11
(2) Section 315(1)-- 12
omit, insert-- 13
`(1) This section applies to a person under 24 years who is 14
excluded permanently-- 15
(a) from a State school at which the person was enrolled 16
immediately before the exclusion on a ground 17
mentioned in-- 18
(i) section 288B(1) or (2); or 19
(ii) section 289(1) or (2); or 20
(iii) section 298; or 21
(b) from certain State schools on a ground mentioned in-- 22
(i) section 289(1); or 23
(ii) section 298; or 24
(c) from all State schools on a ground mentioned in section 25
298.'. 26
Clause 12 Amendment of s 365 (Obligation to report sexual abuse 27
of person under 18 years at State school) 28
Section 365(1)(b)-- 29
Page 7
Education Legislation Amendment Bill 2012
Part 3 Amendment of Education (General Provisions) Act 2006
[s 13]
omit, insert-- 1
`(b) a pre-preparatory age child registered in-- 2
(i) a pre-preparatory learning program at the school; 3
or 4
(ii) a distance education pre-preparatory learning 5
program at the school;'. 6
Clause 13 Amendment of s 368 (Provision of scholarships and 7
payment of allowances) 8
Section 368(1)-- 9
insert-- 10
`(f) pay an allowance or subsidy to a person to offset the 11
person's costs in participating in a distance education 12
pre-preparatory learning program under chapter 19, part 13
1A. 14
Example of costs that may be offset for paragraph (f)-- 15
computer hardware, internet or phone expenses'. 16
Clause 14 Insertion of new ch 19, pt 1A 17
Chapter 19-- 18
insert-- 19
`Part 1A Distance education 20
pre-preparatory learning 21
program 22
`419E Distance education pre-preparatory learning program 23
`The Minister may approve a program focused on literacy and 24
numeracy, for preparing a child for education in the 25
preparatory year, to be a distance education pre-preparatory 26
learning program for a State school providing distance 27
education. 28
Page 8
Education Legislation Amendment Bill 2012
Part 3 Amendment of Education (General Provisions) Act 2006
[s 14]
`419F Registration in programs 1
`(1) A parent of a pre-preparatory age child may apply to register 2
the child in a distance education pre-preparatory learning 3
program provided by a State school. 4
`(2) The application must be made, in the approved form, to the 5
principal of the school. 6
`(3) The principal may grant the application if satisfied-- 7
(a) the child is-- 8
(i) an Australian citizen or permanent resident; or 9
(ii) a child of an Australian citizen or permanent 10
resident; and 11
(b) the child-- 12
(i) lives, in the child's principal place of residence, at 13
least 16km by the most direct route by road from 14
the nearest centre-based service catering to 15
pre-preparatory aged children; or 16
(ii) has a medical certificate stating that the child is 17
unable to attend a centre-based service for more 18
than 10 consecutive weeks due to the child's state 19
of health; or 20
(iii) has an itinerant lifestyle. 21
`(4) For subsection (3)(b)(iii), the child has an itinerant lifestyle 22
only if, because of the nature of the occupation of a parent of 23
the child-- 24
(a) the child's principal place of residence is likely to 25
change at least twice during the registration year; or 26
(b) the child will have to spend a period of at least 10 27
weeks, or a number of periods of at least 2 weeks that 28
total at least 10 weeks, away from the child's principal 29
place of residence during the registration year. 30
Example of an occupation for subsection (4)-- 31
carnival worker, contract harvester or shearer 32
Page 9
Education Legislation Amendment Bill 2012
Part 3 Amendment of Education (General Provisions) Act 2006
[s 14]
`(5) The principal must give the applicant a notice of the 1
principal's decision to grant or refuse to grant the application. 2
`(6) If the decision is to refuse to grant the application, the notice 3
must include the principal's reasons for the decision. 4
`(7) In this section-- 5
centre-based service means an education and care service 6
other than a family day care service. 7
education and care service see the Education and Care 8
Services National Law (Queensland), section 5(1). 9
family day care service see the Education and Care Services 10
National Law (Queensland), section 5(1). 11
medical certificate means a certificate signed by-- 12
(a) a person registered under the Health Practitioner 13
Regulation National Law to practise in the psychology 14
profession other than as a student; or 15
(b) a medical practitioner. 16
permanent resident means the holder of a permanent visa as 17
defined by the Migration Act 1958 (Cwlth), section 30(1). 18
pre-preparatory age child means a child who will be at least 4 19
years and 6 months on 31 December in the child's registration 20
year. 21
registration year, for a child, means the year proposed for the 22
child's registration in a distance education pre-preparatory 23
learning program. 24
`419G Review of decision to refuse to grant an application 25
`(1) This section applies if a decision is made under section 419F 26
to refuse to grant an application for registration. 27
`(2) The applicant may apply to the chief executive, within 21 28
days after notice of the decision is given to the applicant under 29
section 419F(5), for a review of the decision. 30
`(3) The application must state fully the grounds for the 31
submission and the facts relied on. 32
Page 10
Education Legislation Amendment Bill 2012
Part 3 Amendment of Education (General Provisions) Act 2006
[s 15]
`(4) After reviewing the decision, the chief executive must decide 1
to-- 2
(a) confirm the decision; or 3
(b) set aside the decision and grant the application. 4
`(5) The chief executive must as soon as practicable give a notice 5
to the applicant about the chief executive's decision and the 6
reasons for the decision. 7
`419H Status of children registered in programs 8
`A child registered in a distance education pre-preparatory 9
learning program provided by a school is not, for this Act-- 10
(a) a student of the school; or 11
(b) enrolled at the school; or 12
(c) enrolled in a program of distance education at the 13
school.'. 14
Clause 15 Amendment of s 426 (Confidentiality) 15
Section 426(1)(b)(ii)-- 16
insert-- 17
`(C) who is or has been registered in a distance 18
education pre-preparatory learning program; 19
or 20
(D) for whom an application for registration has 21
been made under section 419F; or'. 22
Clause 16 Amendment of s 428 (Collection of demographic 23
information) 24
Section 428(1)(b)-- 25
omit, insert-- 26
`(b) a pre-preparatory age child registered in-- 27
Page 11
Education Legislation Amendment Bill 2012
Part 3 Amendment of Education (General Provisions) Act 2006
[s 17]
(i) a pre-preparatory learning program at a State 1
school; or 2
(ii) a distance education pre-preparatory learning 3
program;'. 4
Clause 17 Insertion of new ch 20, pt 5 5
Chapter 20-- 6
insert-- 7
`Part 5 Transitional provision for 8
Education Legislation 9
Amendment Act 2012 10
`512 Final notice for written submission under s 314 11
`(1) This section applies to a person who immediately before the 12
commencement of this section (the commencement) was 13
entitled to receive a notice under section 314(2) at a time after 14
the commencement. 15
`(2) The chief executive must, as soon as practicable, but within 6 16
months after the commencement, give the person a notice (the 17
final notice) stating the following-- 18
(a) that the person will not receive any further notices under 19
section 314; 20
(b) that the person may make a periodic written submission 21
to the chief executive under chapter 12, part 3, division 22
6. 23
`(3) If the person received a notice under section 314(2) before the 24
commencement and the time for the person to make a 25
submission (the submission period) had not ended before the 26
commencement-- 27
(a) the person may make a written submission within the 28
submission period; and 29
Page 12
Education Legislation Amendment Bill 2012
Part 4 Amendment of Education (Queensland College of Teachers) Act 2005
[s 18]
(b) the submission is taken to have been made, and must be 1
dealt with, under section 315. 2
`(4) If a submission about whether the person's exclusion should 3
be revoked was made to the chief executive under section 4
314(5), but, before the commencement, the chief executive 5
had not made a decision about the submission, the 6
submission-- 7
(a) is taken to have been made under section 315; and 8
(b) must be dealt with under section 315.'. 9
Clause 18 Amendment of sch 4 (Dictionary) 10
Schedule 4-- 11
insert-- 12
`distance education pre-preparatory learning program 13
means a program approved under section 419E.'. 14
Part 4 Amendment of Education 15
(Queensland College of 16
Teachers) Act 2005 17
Clause 19 Act amended 18
This part amends the Education (Queensland College of 19
Teachers) Act 2005. 20
Clause 20 Amendment of s 230 (College's functions about 21
registration and permission to teach) 22
Section 230(i), `developing and applying'-- 23
omit, insert-- 24
`developing or adopting, and applying,'. 25
Page 13
Education Legislation Amendment Bill 2012
Part 4 Amendment of Education (Queensland College of Teachers) Act 2005
[s 21]
Clause 21 Replacement of s 235 (Professional standards) 1
Section 235-- 2
omit, insert-- 3
`235 Professional standards 4
`(1) The college must-- 5
(a) adopt the national professional standards; or 6
(b) with the approval of the Minister, adopt or develop 7
standards other than the national professional standards. 8
`(2) The college may amend standards it has adopted or developed 9
under subsection (1)(b). 10
`(3) When acting under subsection (1) or (2), the college-- 11
(a) must consult with the chief executive and the 12
representative entities; and 13
(b) may consult with other entities it considers appropriate. 14
`(4) The purpose of the professional standards is to detail the 15
abilities, experience, knowledge or skills expected of teachers 16
to help the college decide-- 17
(a) whether to approve a preservice teacher education 18
program; and 19
(b) whether an applicant for provisional or full registration, 20
or an applicant for the renewal of full registration, meets 21
the professional practice requirements. 22
`(5) The professional standards may provide for all or any of the 23
following matters-- 24
(a) the abilities, knowledge and skills required for 25
provisional registration; 26
(b) the abilities, experience, knowledge and skills required 27
for full registration; 28
(c) the abilities, experience, knowledge and skills required 29
for renewal of full registration. 30
Page 14
Education Legislation Amendment Bill 2012
Part 4 Amendment of Education (Queensland College of Teachers) Act 2005
[s 22]
`(6) If the professional standards are inconsistent with a 1
requirement under this Act, the standards are invalid to the 2
extent of the inconsistency. 3
`(7) The college must-- 4
(a) make the professional standards available for inspection 5
on its internet site; and 6
Editor's note-- 7
The college's internet site is located at . 8
(b) ensure copies of the professional standards, and each 9
document applied, adopted or incorporated by the 10
standards, are kept available for inspection, free of 11
charge, at the office. 12
`(8) In this section-- 13
national professional standards means the national 14
professional standards prescribed under a regulation.'. 15
Clause 22 Insertion of new ch 12, pt 14 16
After chapter 12, part 13-- 17
insert-- 18
`Part 14 Transitional provision for 19
Education Legislation 20
Amendment Act 2012 21
`353 Existing standards continue in force 22
`(1) This section applies to the professional standards developed 23
by the college and in force immediately before the 24
commencement of this section. 25
`(2) The professional standards mentioned in subsection (1) 26
continue in force until the college adopts or develops 27
professional standards under section 235(1)(a) or (b).'. 28
Page 15
Education Legislation Amendment Bill 2012
Part 4 Amendment of Education (Queensland College of Teachers) Act 2005
[s 23]
Clause 23 Amendment of sch 3 (Dictionary) 1
Schedule 3, definition professional standards-- 2
omit, insert-- 3
`professional standards means the standards adopted or 4
developed under section 235(1)(a) or (b).'. 5
© State of Queensland 2012
Page 16
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