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Education (Queensland Curriculum and Assessment Authority) Bill 2013
Education (Queensland Curriculum and
Assessment Authority) Bill 2013
Explanatory Notes
Short title
The short title of the Bill is the Education (Queensland Curriculum and Assessment Authority)
Bill 2013.
Policy objectives and the reasons for them
The objective of the Education (Queensland Curriculum and Assessment Authority) Bill 2013
(the Bill) is to establish the Queensland Curriculum and Assessment Authority (the Authority)
as the new statutory body responsible for syllabus development, supporting the
implementation of syllabuses and the Australian Curriculum, testing, moderation,
certification, tertiary entrance ranking, and administration of student accounts.
Despite the establishment of the Australian Curriculum Assessment and Reporting Authority
(ACARA), and the progressive implementation of the Australian Curriculum, there remains a
fundamental need for a single, independent body to oversee school curriculum, assessment
and testing frameworks in Queensland for the following reasons.
ˇ While the Australian Curriculum will provide curriculum content and achievement
standards, state and territory authorities will retain responsibility for assessment
procedures and the structure of senior courses.
ˇ In the senior years, the Australian Curriculum will extend to 15 subjects in English,
mathematics, science, history and geography. Any syllabuses needed in other areas
(e.g. accounting, economics and languages) will have to be developed by states and
territories.
ˇ Putting responsibility for syllabus content at arm's length from Government helps to
address any perceived concerns with the politicisation of school curriculum.
ˇ High-stakes, cross-sectoral processes such as the administration of benchmark testing,
senior assessment standards and issuing senior student results and tertiary entrance
ranks are best administered by an entity that is separate from the department and state
schools.
ˇ All Australian states and territories have statutory curriculum bodies that are
responsible for senior curriculum processes to ensure comparable school-based
assessment (e.g. moderation) and issuing student certificates.
The Authority will replace the Queensland Studies Authority (QSA), creating a robust
statutory entity with strong corporate governance and clearly defined functions that are
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Education (Queensland Curriculum and Assessment Authority) Bill 2013
consistent with, and relevant to, the current educational environment. Strong, expert strategic
governance will be critical in enabling the Authority to lead the implementation of senior
Australian Curriculum subjects in Queensland schools, and to implement any changes arising
from the review of Queensland tertiary entrance and senior assessment processes.
The Education (Queensland Studies Authority) Act 2002 (QSA Act) is over a decade old. A
new legislative framework is required to reflect the current educational environment,
including implementation of the Australian Curriculum.
Achievement of policy objectives
The Bill achieves its objectives by repealing the QSA Act to abolish the QSA and establish the
Authority. The functions of the Authority include:
ˇ developing, purchasing and revising syllabuses for senior subjects (years 11 and 12) -
if there is an Australian curriculum for the senior subject, the QCAA must adopt the
Australian curriculum content and standards of achievement for the subject as the
basis for the developing the syllabus;
ˇ developing, purchasing and revising syllabuses where there is no Australian
curriculum for the preparatory year to year 10;
ˇ developing, purchasing, revising and accrediting kindergarten guidelines;
ˇ supporting schools and approved providers of education and care services to
implement syllabuses, the Australian curriculum and kindergarten guidelines;
ˇ developing moderation procedures and arranging for moderation of student
assessment;
ˇ developing, purchasing and revising and marking prescribed tests (e.g. the
Queensland Core Skills Test) and national common tests (e.g. National Assessment
Program in Literacy and Numeracy (NAPLAN));
ˇ developing and administering procedures for student certification e.g. the Queensland
Certificate of Education (QCE), including processes to ensure the consistency of
school-based assessment;
ˇ managing student accounts for the purpose of student certification and for the chief
executive to undertake planning and re-engagement activities;
ˇ developing processes and ranking students for tertiary entrance; and
ˇ commercially exploiting a product or service developed by the QCAA or licenced to
it.
The Bill provides contemporary and effective governance arrangements, including a seven
member governing body comprising nominees from each of the three schooling sectors and
four Ministerial nominees selected on the basis of expertise relevant to the functions of the
Authority.
The Bill also enables the Minister to issue a written statement of expectations outlining key
priorities that are to be taken into account by the Authority in the exercise of its functions.
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Education (Queensland Curriculum and Assessment Authority) Bill 2013
Alternative ways of achieving policy objectives
There are no alternative ways of establishing the new Authority other than the proposed Bill.
Estimated cost for government implementation
Implementation of the Bill is not expected to result in any additional costs.
Consistency with fundamental legislative principles
The Bill is generally consistent with fundamental legislative principles. Potential breaches of
fundamental legislative principles are addressed below.
Under section 4(2) of the Legislative Standards Act 1992, legislation must have regard to the
rights and liberties of individuals and the institution of Parliament.
ˇ Ineligibility of the Authority members for convictions and bankruptcy
The Bill provides that a person cannot be appointed, or continue as a member, of the
Authority if the person is insolvent or has a conviction for an indictable offence. It is arguable
that this proposal could adversely affect the rights and liberties of a person who is, or may
become, a member of the Authority.
This is justified on the basis that it is appropriate for members of the proposed statutory body
to be integrity checked, given the position of public trust and responsibility.
ˇ Access to criminal history of Authority members and chief executive officer
The Bill enables the Minister to request from the Commissioner of Police a criminal history
for the purposes of deciding whether a member or a prospective member is disqualified. The
Minister may also request a criminal history for the chief executive officer or a prospective
chief executive officer (CEO) to decide whether they are an appropriate person. It is arguable
that this proposal could adversely affect the rights and liberties of a person.
This power is necessary to enable the Minister to consider a person's criminal to ensure
members or prospective members are not disqualified from membership or the CEO or
prospective CEO are appropriate for the role. The Bill includes safeguards about the use of a
person's criminal history; it will not include spent convictions; the consent of the person is
required before conducting the check; and the check must be destroyed once the appointment
process is complete.
ˇ Protection from civil liability
The Bill includes protection from civil liability for the Minister, members of the Authority or
a committee of the Authority, the chief executive officer and employees of the Authority for
an act or omission made honestly and without negligence in the performance of their
functions under the Act.
It is not considered appropriate for an individual to be made personally liable in these
circumstances as a consequence of carrying out their responsibilities under the proposed
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Education (Queensland Curriculum and Assessment Authority) Bill 2013
legislation. The potential breach of fundamental legislative principles is justifiable on the
basis that the provision operates to attach civil liability to the State instead.
ˇ Guidelines
The Bill allows the Authority to make guidelines relevant to the performance of its functions.
This power may be considered an inappropriate delegation of legislative power or a failure to
subject an exercise of delegated legislation to Parliamentary scrutiny. This power is similar to
section 78 of the QSA Act. It is considered appropriate to retain the capacity for the
Authority to make guidelines as it provides a formal recognition of processes which, due to
their highly detailed nature, are more appropriate for guidelines than principal legislation.
ˇ Transitional regulation-making power
The Bill includes a one year transitional regulation making power that will allow a regulation
to amend the Act. The inclusion of such a power is justified on the basis that any transitional
issues in relation to abolishing the QSA and establishing the Authority that have not been
identified during the drafting of the provisions can be quickly addressed. Parliamentary
committees have accepted that such provisions may be necessary to resolve complex
transitional arrangements arising from the ending of one legislative scheme and the
implementation of a new one.
Consultation
An exposure draft of the Bill was released for targeted public consultation with state and non-
state schooling sectors, teacher unions, parent groups, principal associations, the public sector
Together Union, Queensland universities and training institutions that use the Overall
Position tertiary entrance rank.
Consistency with legislation of other jurisdictions
The Bill is specific to the State of Queensland, and is not uniform with or complementary to
legislation of the Commonwealth or another state.
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Education (Queensland Curriculum and Assessment Authority) Bill 2013
Notes on provisions
Part 1 Preliminary
Clause 1 provides that the short title of the Act is the Education (Queensland Curriculum and
Assessment Authority) Act 2013.
Clause 2 provides for the Act to commence on a day to be fixed by proclamation.
Clause 3 provides that the objects of the Act are: to help schools and approved providers of
education and care services to achieve quality learning outcomes for their students and
children who attend their services respectively; to provide accurate and informative records
of student achievement, including through the production of certificates of achievements and
statements of results; and to maintain public confidence in certificates and statements
developed and administered by the Queensland Curriculum and Assessment Authority (the
Authority).
Clause 4 states that the dictionary in schedule 2 defines particular words used in the Act.
Part 2 Queensland Curriculum and Assessment Authority
Division 1 Establishment and status
Clause 5 provides for the establishment of the Authority. The Authority is a body corporate;
has a common seal; and may sue and be sued in its corporate name.
Clause 6 specifies that the Authority represents the State and has the status, privileges and
immunities of the State.
Clause 7 states that the Authority is a statutory body under the Financial Accountability Act
2009 (FA Act); and a statutory body under the Statutory Bodies Financial Arrangements Act
1982 (SBFA Act). Subsection (2) provides that the SBFA Act, part 2B sets out the way in
which the Authority's powers under this Act are affected by the SBFA Act.
Clause 8 enables the Authority to perform its functions, inside or outside Queensland,
including outside Australia.
Division 2 Functions
Clause 9 sets out the Authority's functions in relation to syllabuses for senior subjects. The
Authority has the function for senior subjects: to develop and revise syllabuses; and purchase
and revise syllabuses developed by another entity. A senior subject is defined in the
dictionary to mean a school subject offered in years 11 or 12 of schooling. Syllabus is
defined in the dictionary to include: a statement of content; standards of achievement; and
assessment processes. Senior syllabus documents will align curriculum content, standards of
achievement and comparable school-based assessment processes as a foundation for senior
certification and tertiary entrance ranking.
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Education (Queensland Curriculum and Assessment Authority) Bill 2013
Subsection (2) provides that in developing a syllabus for a senior subject for which there is an
Australian curriculum, the Authority must adopt the Australian curriculum content and
standards of achievement for the subject as a basis for developing the syllabus. The term
Australian curriculum is defined in the dictionary to mean the national curriculum as agreed
by the Ministerial Council and administered by the Australian Curriculum, Assessment and
Reporting Authority under the Australian Curriculum, Assessment and Reporting Authority
Act 2008 (Cwlth).
Clause 10 sets out the Authority's functions in relation to syllabuses for P-10 subjects for
which there is no Australian curriculum. In these circumstances, the Authority has the
function to: develop and revise syllabuses; and purchase and revise syllabuses developed by
another entity. P-10 subject is defined in the dictionary to mean a school subject offered in 1
or more of the following years of schooling: the preparatory year; years 1 - 10.
The Authority does not have a function to develop syllabuses for an Australian curriculum
subject in P-10. This differs from the Authority's syllabus development function for senior
subjects (years 11-12), in which a syllabus document is to be provided as a basis for senior
certification and tertiary entrance ranking. Schools will access P-10 Australian curriculum
content and achievement standards, and will determine P-10 assessment process.
Clause 11 sets out the Authority's function in relation to kindergarten guidelines. The
Authority has the function to: develop and revise kindergarten guidelines; purchase and
revise guidelines developed by another entity; and accredit, for implementation in education
and care services, guidelines developed by another entity.
Kindergarten guideline is defined in the dictionary to mean a guideline about learning and
age-appropriate teaching and assessment practices, in education and care services for the
years before the preparatory year. Education and care service is defined in the dictionary to
mean: an approved education and care service under the Education and Care Services
National Law (Queensland); or a Queensland approved education and care service within the
meaning of the Education and Care Services Act 2013, schedule 1.
In order to be eligible for Government funding under the Queensland Kindergarten Funding
Scheme, Queensland providers of kindergarten programs are currently required to implement
a program based on either the Queensland Kindergarten Learning Guideline (QKL guideline)
developed by the QSA, or an alternative kindergarten guideline accredited by the QSA. The
Authority will assume the role of accrediting alternative kindergarten guidelines and the QKL
guideline will be transitioned to be a guideline of the Authority under clause 105.
Under clause 92(2)(b) a regulation making power expressly allows for a regulation to be
made about the accreditation by the Authority of kindergarten guidelines for implementation
in education and care services.
Clause 12 sets out the Authority's function regarding supporting schools and approved
providers of education and care services in implementing:
a. a syllabus the Authority develops, purchases or substantially revises; or
b. an Australian curriculum; or
c. a kindergarten guideline the Authority accredits, develops, purchases or substantially
revises.
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Education (Queensland Curriculum and Assessment Authority) Bill 2013
Subsection (2)(a) stipulates that the function under subsection (1) is primarily performed by
the Authority giving school authorities and approved providers, or their nominees,
information about the content and purpose of the syllabus, Australian curriculum or
kindergarten guideline. The school authority may provide a nominee to receive this
information, e.g. the Association of Independent Schools Queensland Inc may be nominated
by the governing body of an independent non-state school.
Subsection (2)(b) provides the function under subsection (1) may also be performed by the
Authority providing resources to support the implementation of the syllabus, Australian
curriculum or kindergarten guideline; or by developing resources and providing services for
the professional development of teachers or education and care services staff.
Subsection (3) provides that the Authority has the function mentioned in subsection (1) for
recognised schools. Recognised school is defined in the dictionary to mean an entity that:
provides educational instruction to students; and does not operate in Australia; and the
governing body of which has an agreement with the State under which the governing body is
authorised to implement, for the students, the Authority's syllabuses for senior subjects.
Subsection (4) defines the term school authority for the purposes of the section.
Clause 13 provides that the Authority has the following functions relating to testing:
a. develop, purchase and revise tests prescribed under a regulation;
b. develop procedures for schools, or the Authority, to administer prescribed tests;
c. participate in the development and revision of common national tests. Common
national test is defined in the dictionary to mean a test for literacy or numeracy
specified in a regulation made under the Schools Assistance (Learning Together -
Achievement Through Choice and Opportunity) Act 2004 (Cwlth);
d. implement procedures for schools, or the Authority, to administer common national
tests;
e. mark prescribed tests and common national tests and giving the individual test results
of each student undertaking the tests to: the student; and to the principal of the school
at which the student is enrolled;
f. analyse systemic information about the performance of persons who undertake
prescribed tests or common national tests and report the results of the analysis to the
Minister, the chief executive, the Association of Independent Schools of Queensland
Inc. (ISQ) and Queensland Catholic Education Commission (QCEC).
Subsection (2) clarifies the Authority also has these testing functions for recognised schools.
Clause 14 sets out the Authority's functions relating to moderation. Moderation is defined in
the dictionary to mean the process under which student assessment is moderated to ensure
comparability across the State and at recognised schools, of the assessing teachers' judgments
in deciding results. Student assessment is also defined in the dictionary to mean the results of
school-based assessment of persons' achievements in school studies.
The Authority's moderation functions are: developing moderation procedures; and arranging
for moderation of student assessment.
Subsection (2) clarifies that the Authority also has these moderation functions for recognised
schools.
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Education (Queensland Curriculum and Assessment Authority) Bill 2013
Under clause 92(2)(d) a regulation-making power expressly allows for a regulation to be
made about procedures and arrangements for moderation.
Clause 15 sets out the Authority's certification functions. The Authority has the function to:
a. review, and make recommendations to the Minister about, the requirements for
issuing certificates of achievement, and statements of results, prescribed under a
regulation;
b. decide procedures, and carry out arrangements, for the assessment of persons in
school subjects that are certification studies. Certification studies is defined in the
dictionary to mean studies prescribed under a regulation to be contributing studies for
a certificate of achievement;
c. approve work programs for the school subjects that are certification studies, for use in
the schools that developed the programs;
d. issue certificates of achievement, and statements of results, prescribed under a
regulation;
e. give a person on request a copy of the documents listed;
f. recognise the results of a person in certification studies, prescribed under a regulation,
that are not school subjects.
Subsection (2) clarifies that the Authority has these certification functions for recognised
schools.
Under clause 92(2)(a) a regulation-making power expressly allows for a regulation to be
made about the issuing of certificates of achievement and statement of results, including the
eligibility requirements for the issue of certificates and statements.
Clause 16 sets out the Authority's student account function. The Authority has the function to
keep student accounts under part 3 and to deal with information recorded in student accounts
in the way permitted or required under part 3. Accordingly, part 3 provides a more fulsome
explanation about the operation of student accounts.
Subsection (2) clarifies the Authority also has this function for recognised schools.
Clause 17 sets out the Authority's tertiary entrance function. The Authority has the function
to:
a. develop, in consultation with the Minister, processes for use in ranking students as a
basis for tertiary entrance;
b. ranking students as a basis for tertiary entrance, using the developed processes; and
c. issuing documents to students to advise them of their tertiary entrance ranking.
Subsection (2) provides that the Authority also has these tertiary entrance functions for
recognised schools.
Under clauses 92(2)(f) and (g) a regulation-making power expressly to allows for regulations
to be made about procedures for ranking persons as the a basis for tertiary entrance, including
giving information about ranking to entities with a legitimate interest in the information, and
the issuing of tertiary entrance statements, respectively. Under clause 92(2)(h) a regulation
may also be made about the review by the Authority of information contained in a tertiary
entrance statement issued to a person under the Act.
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Education (Queensland Curriculum and Assessment Authority) Bill 2013
Clause 18 sets out the Authority's commercial exploitation function. The Authority has the
function to commercially exploit (this includes sell) a product or service developed by it in
the course of performing its functions, or licensed to it. Clause 73 provides the Minister may
give the Authority a written direction about: a product containing intellectual property held
by the Authority or for which the Authority holds a licence; or a service provided by the
Authority relating to such a product. Subsection 73(2) confirms that the direction may be
about the commercial exploitation of the product or service.
Clause 19 sets out other functions of the Authority. The Authority has functions to: advise
the Minister and inform the public about matters relevant to the performance of its functions;
conduct research to support the efficient and effective operation of its functions; decide the
equivalent level of school education, or school qualification in Queensland reached or a
qualification obtained outside the State; exercise a power delegated to it under the National
Vocational Education and Training Regulator Act 2011 (Cwlth), section 224; give
information obtained in the performance of its function to the Commonwealth, a State or
entity of the Commonwealth or the State; and a function given to the Authority under this or
another Act.
Division 3 Powers
Clause 20 specifies the powers of the Authority. The Authority has all the powers of an
individual. For example, the Authority may establish committees to report to it on particular
matters such as syllabus development. However, the Authority must not enter into an
agreement about real property including, for example, leasing premises for its
accommodation, without the written approval of the Minister.
Division 4 Delegation
Clause 21 enables the Authority to delegate the performance of any of its functions, or the
exercise of any of its powers, under this or another Act to an appropriately qualified entity
including: a member; or a committee of the Authority; or the chief executive officer (CEO);
or an employee of the Authority. Subsection (2) allows an entity to subdelegate a function or
power only if the delegation permits the subdelegation.
Division 5 Membership
Clause 22 provides that the Authority is comprised of the following seven members:
a. the chief executive, or a nominee of the chief executive;
b. the following appointed members (appointed by the Governor in Council):
ˇ the executive director, or nominee, of the ISQ;
ˇ the executive director, or nominee, of the QCEC;
ˇ one nominee of the Minister having relevant corporate, governance or
financial qualifications or experience;
ˇ three other nominees of the Minister having the qualifications, experience or
standing the Minister considers relevant to the functions of the Authority.
Clause 23 stipulates that members of the Legislative Assembly, councillors of a local
government; and the chief executive officer are ineligible for nomination or appointment as a
member.
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Education (Queensland Curriculum and Assessment Authority) Bill 2013
Clause 24 sets out how the ISQ and the QCEC can nominate a person for membership of the
Authority under section 22. The Minister must give the ISQ and the QCEC a notice stating a
reasonable time within which the entity may nominate a person for membership. If the entity
does not nominate a person within the stated period, the executive director of the entity is
automatically taken to be the entity's nominee.
Clause 25 provides an appointed member is appointed for a term not more than four years,
stated in the appointed member's instrument of appointment.
Clause 26 provides an appointed member is to be paid the remuneration and allowances
decided by the Governor in Council. If a matter is not provided for under the Act, the
appointed member holds office on the terms and conditions decided by the Governor in
Council.
Clause 27 provides for how the chair of the Authority is to be appointed.
Clause 28 provides for how the deputy chair of the Authority is to be appointed.
Clause 29 provides for the circumstances where a person is disqualified from becoming, or
continuing as, a member. The first circumstance is where a person has a conviction, other
than a spent conviction, for an indictable offence, unless the Minister has given the person an
approval notice under subsection (4) for the conviction. The dictionary defines the term spent
conviction.
The second circumstance is where a person is an insolvent under administration unless the
Minister has given the person an approval notice under subsection (4) for the insolvency.
Subsection (7) defines the term insolvent under administration.
The third circumstance is where a person is not able to manage a corporation because of the
Corporations Act 2001 (Cwlth), part 2D.6.
Clause 30 enables the Minister to approve a leave of absence for a member.
Clause 31 provides for how a member of the Authority may resign.
Division 6 Chief executive officer
Clause 32 provides that the Authority must have a chief executive officer (CEO). The CEO is
appointed by the Governor in Council, on the recommendation from the Minister, after
consultation with the Authority.
Clause 33 provides that the CEO's term of appointment is no more than 5 years stated in the
CEO's instrument of appointment.
Clause 34 provides that the CEO is to be paid the remuneration and allowances decided by
the Governor in Council. For matters not provided for under the Act, the CEO holds office on
the terms and conditions of appointment decided by the Governor in Council.
Clause 35 provides for the preservation of existing rights and entitlements of the CEO and
states that the Public Service Act 2008 does not apply to the CEO's appointment.
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Education (Queensland Curriculum and Assessment Authority) Bill 2013
Clause 36 states that the CEO is, subject to the direction of the Authority through its chair,
responsible for the effective and efficient administration and operation of the Authority.
Subsection (2) clarifies that the CEO's responsibilities include managing staff of the
Authority in accordance with the requirements of this Act and the Public Service Act 2008.
Clause 37 enables the CEO to delegate a function, power or responsibility of the office to an
appropriately qualified employee of the Authority.
Clause 38 sets out the circumstances in which the Minister may appoint an acting CEO.
Clause 39 provides for how the CEO may resign.
Division 7 Staff
Clause 40 empowers the Authority to employ staff, as it considers appropriate, to perform its
functions or exercise its powers. Subsection (2) provides that, subject to section 41, staff are
appointed under the Public Service Act 2008.
Clause 41 states that the Authority may employ casual staff under this section rather than
under the Public Service Act 2008. This clause is similar to section 69A of the QSA. Clause
105 transitions casual staff to the Authority on the same terms and conditions as the person
was employed under the QSA Act.
Subsection (2) provides that the casual staff employed under this section are entitled to be
paid the remuneration and allowances decided by the Governor in Council.
These staff are not subject to any industrial instrument or any determination or rule of an
industrial tribunal. This ensures that casual staff will be employed, and their remuneration
determined, under this Act rather than under any industrial agreement or award.
These staff are subject to the direction and control of the CEO. For example, the CEO will be
responsible for the duties of these employees, their location of employment, any training
required, and any other matters associated with their employment.
Subsection (3) declares that a person employed under this section may be simultaneously
employed in another capacity under the Public Service Act 2008. For example, if a person is
employed under this section to carry out testing they may also be employed as a State school
teacher under the Public Service Act 2008.
Division 8 Criminal history
Clause 42 provides for the Minister to request a criminal history report about a member, or
prospective member, of the Authority, the CEO or a prospective CEO. This section enables
the Commissioner of Police to provide information about a person's criminal history.
Clause 43 provides that a criminal history given under section 42 is a confidential document.
It is an offence for a person to disclose the report unless permitted under subsection (3).
A failure to comply with this requirement makes a person liable to a maximum penalty of 100
penalty units.
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Education (Queensland Curriculum and Assessment Authority) Bill 2013
Clause 44 requires members of the Authority and the CEO to immediately disclose changes
in their criminal history to the Minister. A failure to comply with this requirement makes a
person liable to a maximum penalty of 100 penalty units. Subsection (2) lists the information
which must be disclosed. Subsection (3) clarifies that if a person does not have a criminal
history, there is taken to be a change in the person's criminal history if the person acquires
one.
Division 9 Reporting
Clause 45 stipulates that for each financial year, the Authority must develop and adopt a
budget and give it to the Minister by the day directed by the Minister. Subsection (4)
stipulates the Authority must comply with its approved budget, and any amendments
approved by the Minister, for the financial year.
Clause 46 provides that the annual report of the Authority under the FA Act must include
details of the listed documents, requests, directions and delegations.
Part 3 Student accounts
Division 1 Preliminary
Clause 47 inserts definitions for part 3.
Clause 48 provides the meaning of student account. A student account is a record kept for a
person to record information about the person's results in certification studies; and for a
person in the compulsory participation phase--the person's participation in eligible options
during the compulsory participation phase. Compulsory participation phase is defined in the
dictionary.
Clause 49 provides the meaning of student account phase.
Clause 50 specifies the purposes for which student accounts are kept, namely: supporting the
Authority in performing its certification functions (section 15); making information available
to the chief executive to enable the chief executive to carry on planning activities; and
making information available to the chief executive to enable the chief executive to carry on
re-engagement activities for young persons in the compulsory participation phase.
Division 2 Opening student accounts
Clause 51 creates the obligation to open a student account for a young person within one year
before the start of the person's compulsory participation phase.
Clause 52 creates an obligation to open a student account for particular young persons, being
a person for whom the Authority receives a notice under section 56(1), and the person does
not have a student account.
Clause 53 provides for student accounts to be opened for persons who are enrolled to
undertake certification studies at a recognised school.
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Education (Queensland Curriculum and Assessment Authority) Bill 2013
Clause 54 provides for student accounts to be opened by persons who are not in the student
account phase or of compulsory school age or younger.
Clause 55 provides that the Authority must assign an account number for the account and
give a notice to the entity that opened the account that the account has been opened.
Division 3 Provision of student account information to Authority
Clause 56 imposes an obligation on providers to notify the Authority of the enrolment of
persons in a program or course that is a component of an eligible option.
Clause 57 imposes an obligation on providers to give the Authority result information about a
person enrolled with the provider in certification studies. Result information is defined in
subsection (4).
Clause 58 provides for an obligation on providers to notify the Authority of particular matters,
for example, when a person stopped being enrolled with a provider or a recognised school.
Clause 59 provides for an authorised agent of a provider to give notice on behalf of a
provider. The agent may only give the notice if there is a written agreement between the
provider and the agent.
Division 4 Authority to record information in student accounts
Clause 60 provides that the Authority must record information in a person's student account
where the information is received under division 2 or 3, or from the person.
Division 5 Use of student account information by Authority
Clause 61 provides that the Authority may use student account information to perform its
certification functions under section 15.
Division 6 Authority must allow access to student account information
Clause 62 provides for how the Authority must allow providers to access information in
student accounts.
Clause 63 provides for the Authority to give a recognised school access to information
recorded in student accounts for persons enrolled at recognised schools in certification studies.
Clause 64 provides for the Authority to give access to a person for whom a student account is
kept.
Division 7 Disclosure of student account information by Authority
Clause 65 provides the Authority may disclose prescribed information in a student account to
providers or recognised schools. Subsection (1) allows for the information to be disclosed to
(a) a provider the Authority reasonably believes is able to confirm the accuracy of the
information; and (b) for a student account for a person enrolled in certification studies at a
recognised school - the recognised school.
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Education (Queensland Curriculum and Assessment Authority) Bill 2013
Subsection (2) provides that the Authority may only disclose information about the enrolment
or results of certification studies for a person to the provider or recognised school delivering
the certification studies to the person.
Subsection (3) states what providers and recognised schools must do if incorrect information
is recorded in the student account.
Clause 66 provides for the Authority to give information to the chief executive in certain
circumstances. Subsection (1) provides for the Authority, on request, to give aggregated
student account information to the chief executive to enable the chief executive to carry on
planning activities. Subsection (2) provides for the Authority, on request, to give prescribed
information to the chief executive about a stated young person or all young persons to enable
the chief executive to carry on re-engagement activities.
Clause 67 provides for the Authority to disclose to a relevant entity aggregated student
account information prescribed in a regulation and at the time prescribed in a regulation. This
clause enables relevant data to be given to the ISQ, QCEC and the department administering
the Vocational Education, Training and Employment Act 2000.
Clause 68 provides for the Authority to disclose information to the VETE chief executive to
enable the VETE department to comply with its reporting obligations under Commonwealth
agreements.
Division 8 Miscellaneous
Clause 69 provides the chief executive may delegate the chief executive's functions and
powers under part 3 to an appropriately qualified employee of the department or the VETE
department. Subsection (2) allows the subdelegation of the function or power only if the
delegation permits the subdelegation.
Part 4 Minister's powers
Clause 70 stipulates that, if requested by the Minister, the Authority must report to the
Minister about the efficiency, effectiveness, economy and timeliness of the Authority and its
systems and processes, including operational processes.
Clause 71 provides that if the Minister considers it appropriate, the Minister may refer a
matter relevant to the Authority's functions to the Authority for investigation.
Clause 72 provides for the Minister to give directions to Authority if satisfied that the
direction is necessary in the public interest. Subsection (3) provides a non-exhaustive list
about the matters the Minister may direct the Authority about and subsection (4) provides a
list of the matters the Minister can not direct the Authority about. For example, the Minister
cannot direct certain content be included in a syllabus.
Clause 73 enables the Minister to give the Authority a written direction about: products
containing intellectual property held by the Authority, or for which the Authority holds a
licence; or services provided by the Authority for such products. Subsection (2) provides a
non-exhaustive list of the matters the Minister may direct the Authority to undertake in
relation to its intellectual property.
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Education (Queensland Curriculum and Assessment Authority) Bill 2013
Clause 74 provides that the Minister may issue a written statement (a statement of
expectations) to the Authority, stating the Minister's expectations for the performance of the
Authority about its functions. Subsection (2) provides the statement of expectations may
apply for a stated particular period and many include the matters set out in subsection (2)(b).
Clause 75 provides the Minister with the power to request information from Authority about
the performance of its functions under the Act.
Clause 76 enables the Minister to delegate a function or power of the Minister under the Act
to an appropriately qualified entity. Subsection (2) lists the functions and powers the Minister
can not delegate.
Part 5 Review of decisions
Division 1 Preliminary
Clause 77 provides that a person who is given, or is entitled to be given, an information
notice for a reviewable decision may apply for a review of the decision. The dictionary
defines information notice.
Clause 78 states the review must, in the first instance, be by way of an internal review. Part 5,
division 2 provides for the internal review process.
Division 2 Internal review
Clause 79 sets out how an internal review application is to be made and when the application
is to be made.
Clause 80 provides for the appointment of an internal review officer. The internal review
officer must, within 7 days after the Authority receives the internal review application, make
a written recommendation to the Authority about the reviewable decision.
Clause 81 sets out how the Authority is to make the internal review decision.
Division 3 External review
Clause 82 provides that a person who is dissatisfied with an internal review decision under
division 2 may apply to the Queensland Civil and Administrative Tribunal (QCAT) for an
external review.
Clause 83 states that an application to QCAT under section 82 must be made in the way
provided under the Queensland Civil and Administrative Tribunal Act 2009.
Part 6 Miscellaneous
Clause 84 provides for the protection from civil liability of persons the listed for acts done, or
omissions made, honestly and without negligence under this Act. Liability instead attaches to
the State.
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Education (Queensland Curriculum and Assessment Authority) Bill 2013
Clause 85 provides for the protection of information acquired by a person through
performing a function or exercising a power under this Act. A person must not make a record
of, or disclose, the information other than for the reasons listed in subsection (2). A failure to
comply with this requirement makes a person liable to a maximum penalty of 50 penalty
units.
Clause 86 provides the Authority may approve forms for use under this Act.
Clause 87 applies if a school or a recognised school administers a prescribed test or common
national test. The principal of the school or recognised school must give the Authority the
test script of each student of the school who undertook the test.
Clause 88 stipulates the Authority must give the Minister and the governing body of each
non-State school a notice about a syllabus, prescribed test or common national test. The
governing body may make a written request to the Authority that a notice mentioned in
subsection (1) be given to a nominated body instead of the governing body, e.g. the ISQ or
QCEC.
Subsection (3) provides that the Authority must give notice about kindergarten guidelines to
the Minister and each approved provider of an education care service other than a service that
provides education and care only to children of preparatory year age or older.
Clause 89 empowers the Authority to require schools to give it information about the
implementation of a common national test and disclose that information to ACARA.
Clause 90 stipulates that if the Authority changes the requirements for issuing a certificate of
achievement, or a statement of results, prescribed under a regulation, the Authority must
ensure that a person who was subject to the previous requirements and has become subject to
the new requirements is not disadvantaged by the change.
Clause 91 empowers the Authority to make guidelines about its functions. A regulation may
also provide for particular matters about which a guideline can be made, and may provide
that the guideline can only be made with the approval of the Minister.
Clause 92 provides for the Governor in Council to make regulations under this Act.
Subsection (3) provides that before recommending to the Governor-in-Council the making of
a regulation about a matter mentioned in subsection (2)(k),(l) or (m) the Minister must
consult with the ISQ, QCEC and VETE chief executive.
Part 7 Repeal and transitional provisions
Division 1 Repeal
Clause 93 provides that the Education (Queensland Studies Authority) Act 2002 No.1 is
repealed.
Division 2 Transitional provisions
Clause 94 sets out the relevant definitions for division 2.
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Education (Queensland Curriculum and Assessment Authority) Bill 2013
Division 3 Authority is successor in law of QSA
Clause 95 provides that at the commencement, the QSA is dissolved and its members cease
to hold office.
Clause 96 states that the Authority is the successor in law of the QSA.
Clause 97 transitions the assets and liabilities of the QSA immediately before commencement
to the Authority. It is intended that the intellectual property of the QSA will be transferred to
the Authority under this provision.
Clause 98 transitions records held or controlled by the QSA immediately before the
commencement to be records of the Authority.
Clause 99 transitions the person who held the office of the Director of the Office of the QSA
immediately before the commencement to hold office as the CEO of the Authority on the
same terms and conditions until the Governor in Council makes an appointment under section
32.
Clause 100 transitions casual staff employed by the QSA under section 69A of the QSA Act
immediately before commencement to be taken to have been employed by the Authority
under section 41 on the same terms and conditions.
Clause 101 provides the Authority may continue and finish a proceeding started by or against
the QSA before the commencement that was not finished. Subsection (2) provides that
proceeding that could have been started by or against the QSA can be started by or against
the Authority.
Clause 102 states that in an Act or document, a reference to the QSA is taken, to the extent
necessary and if the context permits, to be a reference to the Authority.
Subdivision 3 Existing Matters
Clause 103 provides that an approved or accredited 1-12 syllabus in force immediately before
the commencement continues in force and is taken to be a senior syllabus under section 9 or a
P-10 syllabus under section 10 to the extent it relates to that year level.
Clause 104 provides that an approved or accredited preparatory guideline in force
immediately before the commencement continues in force and is taken to be a syllabus under
section 10.
Clause 105 provides that an approved or accredited kindergarten guidelines in force
immediately before the commencement continues in force and is taken to be a kindergarten
guideline under section 11.
Clause 106 transitions approved work programs in force immediately before the
commencement to be a work program approved by the Authority
Clause 107 transitions student accounts kept by the QSA immediately before the
commencement to be an account kept by the Authority under part 3.
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Education (Queensland Curriculum and Assessment Authority) Bill 2013
Clause 108 transitions a guideline in force immediately before commencement to be a
guideline under section 91 of the Act.
Clause 109 ensures a person who was entitled to apply for an internal review of a decision of
the QSA. If the more restrictive time limit to apply under the QSA Act (i.e. seven days) has
passed, but the new time limit in the Act has not (i.e. 14 days), the person can still apply for
internal review.
Clause 110 transitions an application for internal review that has not been finally dealt with
immediately before the commencement to be an application for internal review made under
Part 5 of the Act.
Clause 111 applies to non-state schools provisionally accredited or accredited under the
Education (Accreditation of Non-State Schools) Act 2001 with a QSA curriculum model as an
attribute of provisional accreditation or accreditation. If the school implements a syllabus
developed, purchased or revised by the Authority or an Australian curriculum, it is taken to
also have that attribute of provisional accreditation or accreditation as applicable. If the
school returns the certificate of accreditation or provisional accreditation, as applicable, to the
Non-State Schools Accreditation Board, the Board may issue a replacement certificate stating
the details of the additional curriculum models.
Subsection (4) ensures that any eligibility for Government funding the school had for the
QSA curriculum model continues to apply.
Clause 112 applies to an entity that is a recognised school within the meaning of the
Education (General Provisions) Act 2006 (the E(GP)A) immediately before commencement.
The entity is taken to be a recognised school under this Act. This transitional provision is
necessary as schedule 1 makes a consequential amendment to the E(GP)Act to omit Chapter
2A which provides for the process for a school to be recognised. The Bill includes a
definition of recognised school in schedule 2. The definition reflects the fact that recognised
schools are governed by the contractual relationship between the State and the governing
body of the school for implementation of the Authority's syllabuses for senior subjects in the
school.
Subdivision 4 Other transitional provision
Clause 113 provides for a transitional regulation making power. This section and any
transitional regulation expire one year after the commencement.
Part 8 Minor and consequential amendments
Clause 114 states that schedule 1 amends the Acts mentioned in it.
Schedule 1 Minor and consequential amendments
Schedule 1 makes consequential amendments to the this Act, the Education (General
Provisions) Act 2006, the Education (Queensland College of Teachers) Act 2005, the
Integrity Act 2009, and the Public Service Act 2008.
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Education (Queensland Curriculum and Assessment Authority) Bill 2013
Part 1 Amendment of this Act
Item 1 amends the long title upon commencement to omit the reference to the consequential
amendments in schedule 1.
Items 2 - 3 make consequential amendments to the Act to omit schedule 1 (Minor and
consequential amendments) and renumber schedule 2 (Dictionary) as schedule 1. Upon
commencement of the Act schedule 1 will automatically be omitted. This means the Act as
made will include schedule 1, however the first reprint of the Act will not include schedule 1.
Part 2 Amendment of other Acts
Education (General Provisions) Act 2006
Items 1, 4 and 6 to 12 make minor consequential amendments to the E(GP)A, including to
omit references to the QSA, QSA Act and definitions in the QSA Act and instead refer to the
new Act and terms used in the new Act, and to remove references to chapter 2A (Recognised
schools) of the E(GP)A (omitted by item 5).
Item 2 omits a note in section 6 of the E(GP)A and replaces it with a reference to this Act.
Item 3 omits section 22 and 23 of the E(GP)A. Section 22 of the E(GP)A provides that the
Minister may develop and revise 1-12 syllabuses and preparatory guidelines. The original
intent of this section was to enable the Department to develop syllabuses or guidelines for
state schools, at the direction of the Minister, which would in turn be subject to accreditation
by the QSA. This represents a potential duplication between the Department and the
functions of the Authority. This power is no longer necessary as it is the Authority who will
develop and revise syllabuses and kindergarten guidelines.
Section 23 of the E(GP)A provides that in providing education in school studies, a State
instructional institution may only implement a QSA approved or accredited syllabus or a
vocational education and training (VET) course for a registered training organisation. Section
23(2) and (3) enable the Minister to direct the principal of a State instructional institution to
ensure the institution provides education in stated school studies or implements a stated
approved or accredited syllabus or VET course. As curriculum requirements for state schools
are already determined as a matter of departmental policy section 23 is no longer required.
Item 5 omits Chapter 2A (Recognised schools) of the E(GP)A. Chapter 2A of the EGPA
currently sets out an application process for a recognised school, the criteria for considering
applications and processes for cancelling recognition. Rather than retaining these detailed
procedural requirements, the Bill defines a recognised school as an entity that provides
educational instruction to students; does not operate in Australia; and the governing body of
the school has entered an agreement with the State whereby the school is authorised to
implement the Authority's senior syllabuses for its students.
Under this approach, specific obligations and requirements between recognised schools and
the State will be set out under contractual arrangements between the parties. This is
consistent with the fact that decisions to provide Queensland syllabus products to overseas
schools are commercial decisions for the State, rather than regulatory matters that would
require a prescriptive statutory framework.
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Education (Queensland Curriculum and Assessment Authority) Bill 2013
Education (Queensland College of Teachers) Act 2005
Item 1 amends the definition of prescribed school in section 74(1)(b) of the Education
(Queensland College of Teachers) Act 2005 to refer to an institution or place which offers an
educational program based on the national curriculum or a syllabus developed, revised or
purchased by the Authority.
Integrity Act 2009
Item 1 amends schedule 1 of the Integrity Act 2009 to omit the entry for the QSA Act and the
Director of the Office and instead insert the new Act and CEO of the Authority.
Public Service Act 2008
Item 1 amends schedule 1 of the Public Service Act 2008 to omit the entry for the QSA and
its Director and instead insert the new Act and the CEO of the Authority.
Schedule 2 Dictionary
Schedule 2 contains the dictionary.
ŠThe State of Queensland 2013
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