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1
Education (Accreditation of Non-State Schools) Bill
2001
EDUCATION (ACCREDITATION OF
NON-STATE SCHOOLS) BILL 2001
EXPLANATORY NOTES
Short Title of the Bill
The short title of the Bill is the Education (Accreditation of Non-State
Schools) Bill 2001.
Policy Objectives of the Bill
The primary policy objective of the Bill is to create a new legislative
regime:
� to support a regulatory environment which is comprehensive and
which applies to all non-State organisations offering, or
purporting to offer, schooling to young people;
� to support a diversity of schools and categories of schooling to
meet community needs, aspirations and beliefs within a
framework which ensures that the community can have
confidence that all schools meet acceptable minimum standards
of operation;
� to protect the public's interest in the standard of schooling and
the safety of children, whilst being minimally intrusive in the
operational affairs of schools;
� to establish a system of accountability that addresses the
verification of data, on which funding levels are based, and the
formal certification by the school that its expenditure of State
funds was in accordance with the purpose for which they were
granted.
In addition, the Bill contains an amendment to the Education (Work
Experience) Act 1996. The amendment to the Education (Work Experience)
Act 1996 seeks to bring consistency to the insurance requirements relating
to work experience in this Act as well as the Training and Employment Act
2000.
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Education (Accreditation of Non-State Schools) Bill
2001
Consequential amendments are being made to the following Acts to
reflect the objectives of this legislation and to standardise certain terms
common to those Acts and this Bill:
Education (General Provisions) Act 1989
�
Education (Capital Assistance) Act 1993
�
Anti-Discrimination Act 1991
�
Education (Work Experience) Act 1996
�
Education (Tertiary Entrance Procedures Authority) Act 1990
�
Workcover Queensland Act 1996
�
Education (Teacher Registration) Act 1988
�
Education (Senior Secondary School Studies) Act 1988
�
Commission for Children and Young People Act 2000
�
Child Care Act 1991
�
Reason that the proposed legislation is necessary
Previous arrangements in Queensland
Previous to this Act, the legislative requirements relevant to non-State
schools were contained in the Education (General Provisions) Act 1989.
The establishment of a new non-State school entailed a three-stage process:
planning approval under section 134A;
(a)
approval of non-State school status under section 2(2); and
(b)
categorisation as a "school in receipt of subsidy" under section
(c)
141(1).
The planning approval component derived from the Commonwealth
New Schools Policy, which after 1984, operated to restrict the number of
new schools established, and to control their enrolments, with a view to
achieving efficient use of public funding access to schools of both State and
non-State sectors. When the Commonwealth policy was rescinded in 1997,
a more flexible process, also aimed at ensuring efficient use of public funds
was established in Queensland by Ministerial decision with the support of
non-State schools' authorities. The Education and Other Legislation
Amendment Act 1999 inserted Part 8A to the Education (General
Provisions) Act 1989 to provide a legislative basis for including a planning
approval component as part of the non-State school approval process.
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Education (Accreditation of Non-State Schools) Bill
2001
The planning approval component required a proposed school to
demonstrate that it would not have a significant impact on State or non-
State schools in its catchment area in the next five years, as a condition of
approval. To meet this requirement, a proposed school had to be located in
an area of population growth and/or offer a significant element of choice to
the community.
Applications were assessed by a Planning Assessment Committee
including representatives from both the Department of Education and
representative bodies from the non-State schooling sector, and
recommendations were made to the Minister. Decisions could be appealed
to a separate body.
Proposed schools receiving planning approval could then apply for
approved non-State school status. This requirement was authorised by the
Education (General Provisions) Act 1989, and an Order in Council made
under the Act that specified that
In order for a school to be considered as a non-State school for the
purposes of section 3(2) of the Act, the Minister must be satisfied that
adequate facilities for and efficient and regular instruction in
preschool, primary, secondary, or special education as the case may
be are provided to students attending the school.
Applicants were required to provide information on their educational
programs, facilities, resources including financial and staffing resources,
proposed student enrolments, and their legal and organisational
arrangements. Applications were assessed by qualified assessors who
reported to the Office of Non-State Schooling in the Department of
Education.
Data on outcomes of these two processes began to reflect that a
significant number of applicants had been refused planning approval under
the first stage of the process. It became evident that no school which had
been granted planning approval had failed to gain non-State school status
under the legislation.
Effect of these processes
The combined effect of these processes was to mix together in the
considerations relating to entry to the industry, a set of concerns relating to
standards and quality, and another set relating to demography, range of
choices available in a community, and potential viability and impact on the
viability of existing schools.
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Education (Accreditation of Non-State Schools) Bill
2001
A second outcome of the previous arrangement was the existence of a
group of schools that chose to operate entirely outside the regulatory
framework. Under the previous regime, proponents of schools which were
unsuccessful in achieving authorisation to operate could apply again in
another location, or establish themselves without authorisation, and
without State funds. Apart from a power to inspect a school, the Minister
had no power to either close a school or to take action against an operator
who simply chose to operate outside the realm of Government regulation.
In 1998, the State Auditor-General, in a review of the administration of
Government grant schemes, drew attention to a number of weaknesses in
the Department of Education's processes for both managing the approval
for non-State schools to operate and allocating funds. These concerns
included:
the fact that different approaches to approval processes had
�
evolved in different districts;
the absence of clear criteria for the assessment of schools seeking
�
approval to operate;
the fact that the Government had no mechanism for monitoring
�
State expenditure on non-State schools nor any formal
requirement for non-State schools to account to the Government
for their expenditure of State funds.
With a view to resolving these issues, the Government commissioned a
review of accreditation and accountability arrangements for non-State
schools. Professor L Roy Webb, Vice-Chancellor of Griffith University,
was appointed to lead the review. Members of the non-State school sector
and representatives of the Education Department also participated in the
review. The committee identified the advantage of separating the process
of approval to operate a school from the process of determining eligibility
for Government funding. The separation protects the public interest in
having access to as wide a range as possible of providers and of types of
educational offerings. After extensive consultation, the review committee
arrived at a set of recommendations for administering the non-State school
sector. Those recommendations led to the preparation of this Bill.
How the Policy Objectives will be achieved
The objects of the legislation are primarily achieved in the following
ways:
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Education (Accreditation of Non-State Schools) Bill
2001
A statutory body, the Non-State Schools Accreditation Board
�
is established to assess the capacity of a school to meet
accreditation criteria as prescribed in regulation.
A five yearly renewal process is established to enable an
�
accredited school to demonstrate that it continues to meet the
accreditation criteria and engages in systematic management and
improvement of quality through a process of priority-setting,
performance monitoring and reporting.
The Non-State Schools Eligibility for Government Funding
�
Committee is established as a subcommittee of the Non-State
Schools Accreditation Board to assess whether a school,
requiring State funds to support the school's proposed program,
is eligible for Government funding.
It will be illegal for a school to operate unless it is accredited or
�
provisionally accredited under the legislation.
Alternative method of achieving the Policy Objectives
There are no appropriate or reasonable alternative methods of achieving
the policy objectives. Further, each of the policy objectives dealt with in the
Bill is required to be affected by legislation.
Estimated cost for Government implementation
The proposed arrangements for the board and committee are to incur no
additional cost to Government.
Consistency with Fundamental Legislative Principles
Comment on consistency with fundamental legislative principles of the
Legislative Standards Act 1992 is required in relation to the following
provisions:
� Clause 15 (Application of Commission for Children and Young
People Act 2000, pt 6)
� Clause 21 (Failure to decide to provisionally accredit school)
� Clause 29 (Failure to decide application during school's
provisional accreditation period)
� Clause 39 (Suitability of governing body)
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Education (Accreditation of Non-State Schools) Bill
2001
� Clause 45 (Failure to decide application)
� Clause 53 (Failure to decide application)
� Claude 90 (Failure to decide application)
� Clause 101 (Who may apply for review)
� Clause 102 (Applying for review)
� Clause 103 (Review decision about board's decision)
� Clause 104 (Review decisions about Minister's decision)
� Clause 107 (Membership of the board)
� Clause 128 (Guidelines)
� Clause 141 (Suitability of proposed authorised person)
� Clause 147 (Entry of school premises by assessor)
� Clauses 148 & 151 (Notice of entry)
Clause 15 (Application of Commission for Children and Young People
Act 2000, pt 6); Clause 39 (Suitability of governing body); Clause 141
(Suitability of proposed authorised person)
The Bill will deem a director of a provisionally accredited, or accredited
school's governing body as carrying on a regulated business under Part 6 of
the Commission for Children and Young People Act 2000. The
consequence of that is that directors of governing bodies must obtain a
positive notice of suitability under that Act. The Bill departs from the
fundamental legislative principles in this aspect as the matters that the
Commissioner for Children and Young People (`the Commissioner') may
have regard to when deciding whether a suitability notice should be issued
to an applicant, include complaints and charges which have not resulted in
conviction.
The screening process creates a tension between the rights of individuals
and the competing rights of a child. This tension is underpinned by the
principle that every child is entitled to be cared for in a way that protects
the child from harm and promotes the child's well being. Provisions
relating to employment screening are considered necessary in order to
recognise that principle.
In the context of their position, directors of a governing body may have
unrestricted rights to entry into the school occasioning possible frequent
contact with children. Due to this scope for contact with children, the Bill
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Education (Accreditation of Non-State Schools) Bill
2001
subjects prospective directors of a school's governing body to a similar
level of scrutiny that applies to teachers, ancillary staff at the school (eg.
janitors and cleaners), staff of the Department of Families, child care
workers, foster carers, and persons wishing to adopt children. This process
of scrutiny will enable a determination to be made as to a person's
suitability to deal with children, thus protecting children from harm and
promoting their well being.
The employment screening provisions also include the following safeguards
to protect the rights of individuals:
(i) ensuring written notice of a decision by the Commissioner that a
person is not suitable for child-related employment is
accompanied by reasons for the decision and information about a
person's right to have the decision reviewed by a tribunal;
(ii) protecting the privacy of persons who have a criminal history by
maintaining confidentiality as to an employee's criminal history
and not disclosing the contents of that history to the other
directors of the governing body or the board. The issue of
positive screening notices is a matter between individual
directors of the school's governing body and the Commission for
Children and Young People;
(iii) requiring the Commissioner to take into account the
circumstances surrounding a person's criminal history in each
case.
Clause 21 (Failure to decide to provisionally accredit school); Clause
29 (Failure to decide application during school's provisional
accreditation period); Clause 45 (Failure to decide application);
Clause 53 (Failure to decide application); Clause 90 (Failure to decide
application)
The Bill provides for default `no' decisions where the board or the
Minister has failed to reach a decision within a prescribed time. The
provision of a default `no' decision will result in applications being
automatically refused after the expiration of a stipulated time period. This
will have the effect of preventing a matter from continuing unresolved in
the system for an indefinite period. The deeming of a `no' decision where
no decision has been made, will therefore enable the review process to
activate, so that an aggrieved person can seek first a review, and second a
legal remedy if still unsuccessful.
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Education (Accreditation of Non-State Schools) Bill
2001
Clauses 101--104, Chapter 4 (Reviews of Decisions)
The review provisions contained in Chapter 4 of the Bill provide a right
of review of decision to the Minister, only to a person who was issued with,
or was entitled to be issued with an information notice about the decision.
On the face of it, this could be seen to be adversely affecting the rights and
liberties of other people affected by the decision, and contrary to the
principle of natural justice. However, the rights of these other aggrieved
people, not provided with an information notice, are preserved by access to
Judicial Review in the Supreme Court.
Under this Bill, the Minister will review her own decisions. Although
this process is not independent, it is seen as the only viable alternative as a
proposal to establish an independent merits-review Tribunal, to deal with
reviews would be cost-prohibitive. This process, however, affords
applicants with an opportunity to persuade the Minister to change the
decision, before embarking on an expensive legal challenge.
Clause 107 (Membership of the board)
The board will consist of seven members appointed by the Governor-in-
Council. The Association of Independent Schools of Queensland (AISQ),
the Queensland Catholic Education Commission (QCEC) and Chief
Executive will each nominate one member to ensure the three sectors are
represented, and the Minister will nominate the remaining members.
Given that Chapter 4 of the Bill provides that the Minister is to conduct
reviews of decisions of the board a concern may arise whether, given the
composition of nominees of the board, the Minister is an appropriate
review body for the board's decisions. The Minister will nominate the
chair of the board independently, but the other three nominees of the
Minister can only be made after consultation with the AISQ and the QCEC.
Therefore, these members should be acceptable to the non-State schooling
sector and ensure that decisions of the board are reached in a balanced
manner.
Clause 128 (Guidelines)
Section 128 of the Bill empowers the board to make guidelines about the
methodologies to be followed in consideration of the accreditation criteria
and the eligibility for Government funding criteria. The power to make
guidelines for these purposes is necessary so that applicants, the board and
the committee can all consider comparable measurements and data when
applications and decisions are made in relation to the criteria. By having
9
Education (Accreditation of Non-State Schools) Bill
2001
this information in the guidelines, the board will be able to adapt the
accepted approach to methodology as the board and committee gain greater
experience and expertise in determining issues relevant to the accreditation
criteria and eligibility for government funding criteria. Additionally the
board will be able to issue guidelines about matters relevant to applications
under this Bill to ensure an effective and efficient management of the
application process. Further, the board is required to supply persons with
copies of the guidelines free-of-charge.
Clause 147 (Entry of school premises by assessor); Clauses 148 & 151
(Notice of entry)
As part of the process in determining whether a school is complying
with the accreditation criteria, which is central to the Bill, assessment of
schools is conducted by assessors who enter the school. The Bill places
well-defined limitations on these assessments in terms of when they may
be performed, the class of person who may perform them and the number
of times that such assessments can be made.
Entry to schools by a person authorised under the Bill is only permitted
where the governing body is first issued with a notice stipulating the
purpose of entry and the day on which entry is proposed. No automatic
penalty attaches to the governing body if entry is refused.
Essentially, the purpose of assessors and auditors gaining entry to the
school justifies the breach of the fundamental legal principles concerning
entry. For assessors, the purpose is to ensure that the board has accurate
information regarding the operation of the school, so as to enable the board
to determine whether the school meets minimum standards. The entry of
auditors is to ensure that the school is accountable with respect to
Government funding. Auditors verify that data provided by the school
directly correlates with the amount of taxpayers' funds paid to the school.
The public interest in robust decision-making on appropriate independent
evidence, and in accountability where public funds are concerned outweigh
the concern relating to the intrusion by the Government on public property.
Consultation
Community
The Bill is based closely on the recommendations of the Report of the
Review of Accreditation and Accountability Arrangements for Non-State
Schools (`the Webb Review'). The Webb review involved extensive and
10
Education (Accreditation of Non-State Schools) Bill
2001
wide-ranging consultation with education stakeholders, and resulted in a
high level of agreement between stakeholders in relation to the
recommendations in the report.
In relation to the review process, Professor Webb met initially with
representatives of the Association of Independent Schools of Queensland,
the Queensland Catholic Education Commission, and the Department of
Education. On the basis of these discussions, an `Issues Paper' was
developed and agreed, as a framework for the Review Committee's work.
The committee developed an options paper that set out the changes
proposed to the system and to provide stakeholders with an opportunity to
comment on the draft proposals. The consultation process for the review
has involved:
Release of public consultation documents
�
The options paper was circulated to all existing non-State
schools, to school authorities, to parent and teacher
organisations, to State Parliamentary representatives, and to
relevant State Departments. The options paper was circulated to
457 stakeholders in total. Thirty-six schools and stakeholders,
including system authorities, provided formal feedback.
Public meetings
�
During the Webb review, six public consultation sessions on the
options paper were held in Brisbane and regional areas. At
these meetings, the proposed changes were discussed with over
80 representatives of the stakeholders.
Stakeholder advisory groups
�
The following groups contributed to the research and policy
development phase of the review:
The Review committee (comprising members of the non-
-
State school sector)
The Implementation committee (comprising members of
-
the non-State school sector)
Targeted consultation with key stakeholders
�
Over a two-month period, five information sessions about the
Bill were conducted. A total of 59 representatives from the
education community attended these sessions.
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Education (Accreditation of Non-State Schools) Bill
2001
Exposure drafts of new legislation
�
Regular meetings were held to discuss drafts of the Bill. At such
meetings, stakeholders were given access to draft copies of the
Bill.
Government
The following Government departments and agencies were consulted in
relation to the Bill:
Commission for Children and Young People
�
Department of Families
�
Department of Justice and Attorney-General
�
Department of Premier and Cabinet
�
Department of State Development
�
Treasury Department
�
Office of the Auditor-General
�
Department of Primary Industries
�
Department of Industrial Relations
�
NOTES ON PROVISIONS
CHAPTER 1--PRELIMINARY
PART 1--INTRODUCTION
Clause 1 sets out the short title of the proposed Act.
Clause 2 provides that parts of the Act are to commence on assent,
whereas other parts are to commence on 1 January 2002. The parts to be
commenced immediately are:
The dictionary (clause 4 & Schedule 3);
�
The power of the board to issue guidelines (clause 128);
�
12
Education (Accreditation of Non-State Schools) Bill
2001
The power of the board to approve forms (clause 172);
�
The other amendments, non-consequential on the
�
commencement of the whole of the Bill (clause 215 and
Schedule 2);
The provisions relating to the Non-State Schools Accreditation
�
Board;
The provisions relating to the Non-State Schools Eligibility for
�
Government Funding Committee.
PART 2--OBJECTS
Clause 3 sets out the objects of the Act. The primary focus of the Act is
as detailed in the Policy Objectives of the Bill, contained in these
Explanatory Notes. The objects set out in subclause 3(1) are important for
guiding the administration of the legislation. This clause also sets out the
ways in which the objects of the Act are to be achieved through the
legislation. The matters listed in subclause 3(2) are the principle
mechanisms that enable the objects of the Act to be met with regard to
establishing the:
Non-State Schools Accreditation Board;
�
An accreditation regime;
�
Non-State Schools Eligibility for Government Funding
�
Committee;
A process for determining eligibility for Government funding.
�
PART 3--INTERPRETATION
Clause 4 provides that particular words used in the Act are defined in the
Dictionary in Schedule 3 (located at the end of the Act).
Clause 5 defines the term "school" to mean a non-State school.
13
Education (Accreditation of Non-State Schools) Bill
2001
Clause 6 provides a definition of the term "non-State school". A "non-
State school" means a school established to provide preschool and primary,
primary, secondary or special education. The effect of requiring preschool
as well as primary school education is that child-care centres offering only
pre-school programs will not be captured by this Act. Subclause 6(2) sets
out a number of exclusions to the definition. These exclusions mean that
other specified institutions are not "non-State schools" for the purposes of
this Act and therefore the Act has no application to them. Institutions that
are not captured by the Act are:
State schools;
�
places where home schooling is undertaken, after a dispensation
�
from Education Queensland has been obtained from the Minister
for Education;
tutorial organisations;
�
TAFE institutes; and
�
child care centres.
�
Clause 7 clarifies the meaning of the term "not operated for profit".
This clause means that a school will be "not operated for profit" only if
any profits made from the school's operation are used entirely to advance
the school's philosophy and aims. This means that a school can make a
profit, as long as the profit is reinvested in the operation of the school.
Clause 8 allows a provision of the Act to apply to another provision of
the Act. The other provision and any definition relevant to the other
provision apply with any necessary changes.
CHAPTER 2--ACCREDITATION OF SCHOOLS
PART 1--ACCREDITATION CRITERIA
Clause 9 sets out the five broad areas under which criteria for the
accreditation of non-State schools can be prescribed. The five areas are:
the administration and governance arrangements of the school;
�
14
Education (Accreditation of Non-State Schools) Bill
2001
the financial capacity of the provider to deliver and sustain the
�
school's proposed program;
the education program, including the school philosophy and
�
aims, the curriculum, and student welfare practices and policies;
the resources available to enable the school to achieve its aims,
�
including staffing, land and buildings and other educational
resources and support arrangements;
evidence of a systematic approach to school renewal or
�
improvement processes.
Under these major headings, criteria (the `accreditation criteria') by
which applications for accreditation are assessed are to be prescribed in the
Education (Accreditation of Non State Schools) Regulation 2001.
The principles underpinning the use of these five areas to organise the
criteria are:
the need to assure the public that all schools meet adequate
�
standards;
the need to establish a regime which does not prescribe a
�
particular approach, but supports a diversity of schools and
approaches to schooling and curriculum;
the United Nations Covenant on the rights of parents to choose
�
schools other than State schools to provide for the education of
their children, which requires individual nations to:
have respect for the liberty of parents...to choose for their
children schools other than those established by public
authorities, which conform to such minimum educational
standards as may be laid down or approved by the State and to
ensure the religious and moral education of their children in
conformity with their own convictions.
The effect of Chapter 2, Part 1 of this Act is that the board cannot
withhold accreditation, for example, on the grounds of the religious or
philosophical convictions of the applicant where an applicant can satisfy
accreditation criteria prescribed under these five key areas.
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Education (Accreditation of Non-State Schools) Bill
2001
PART 2--ACCREDITATIONS
Division 1--Preliminary
Clause 10 makes it an offence to operate a school that is not an
accredited or provisionally accredited school. A school is operated once
students are being educated by the school. This clause is intended to
capture institutions that students are attending, or are enrolled with, instead
of attending, or enrolling with, State schools within the meaning of the
Education (General Provisions) Act 1989 or provisionally accredited or
accredited non-State schools within the meaning of the Education
(Accreditation of Non-State Schools) Act 2001. This is an important
enforcement mechanism designed to prevent persons from holding out
institutions as providing education for children and young people when in
fact the educational program and the school has not been subject to the
board's scrutiny as to whether it meets the minimum standards of the
accreditation criteria.
Clause 11 provides that only a governing body that is a corporation may
apply for accreditation. It may be incorporated under the appropriate
Commonwealth or State legislation including Corporations (Queensland)
Act 1990, Association Incorporation Act 1981, Grammar Schools Act
1975, and Roman Catholic Church (Incorporation of Church Entities) Act
1994.
The effect of clause 11 is that an applicant must become a corporation
before an application is submitted if the application is to be validly made.
This clause gives effect to the view that school boards operating in a
commercial environment need to be incorporated so that there is a separate
entity that enjoys perpetual succession, that can acquire, hold and dispose
of property, and that can sue and be sued. Incorporated legal status is also
important given the need for members of governing bodies to be able to
limit their individual legal liability when discharging their duties in good
faith and with due diligence.
Clause 12 provides that a school can be accredited or provisionally
accredited for education types relating to different age groups and/or for
education specifically designed to meet the educational needs of students
with a disability.
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Education (Accreditation of Non-State Schools) Bill
2001
A school seeking to add a type of education that it is not already
approved to offer, must apply to the board to be accredited for the new type
of education.
Subclause 12(2) provides that a school offering preschool education
must do so in conjunction with at least years 1,2 and 3 of primary school so
that freestanding preschools are not able to be accredited.
Subclause 12(3) clarifies that a school without accreditation for special
education can still provide individual adapted learning programmes that are
appropriate to students with a disability. Accreditation for special
education must be sought by a school intending to operate as a school
specifically for students with disabilities.
Clause 13 provides that schools can be provisionally accredited or
accredited for different forms of education delivery methods. The two
forms of education delivery methods accredited under the Act are
classroom education and distance education. A school can be provisionally
accredited or accredited for both forms of delivery. It follows that, for
example, a school accredited to provide classroom education only, cannot
provide education delivered by distance.
The terms `classroom education' and `distance education' are defined in
the Dictionary in Schedule 3 (located at the end of the Act).
Clause 14 prevents an applicant who has already applied for
accreditation from making an identical application before the board has
made a decision on the initial application. The purpose of this clause is to
avoid overzealous applicants tying up the board's resources by lodging
multiple simultaneous applications.
Clause 15 provides that Part 6 of the Commission for Children and
Young People Act 2000 has application to this Act.
Part 6 of the Commission for Children and Young People Act 2000 is
entitled "Employment Screening for Child Related Employment" and
provides for a process whereby people in regulated businesses, relating to
children, are to be screened for suitability for that employment. The
screening process involves an exhaustive check of the employee's criminal
history.
Where there is no criminal history, the Commissioner will issue a
positive suitability notice, enabling that person to work in child-related
employment. Where a criminal history exists, an assessment of the type/s
and nature of offence/s is undertaken. Depending on the outcome of this
assessment, a decision is made as to whether that person is suitable to be
17
Education (Accreditation of Non-State Schools) Bill
2001
involved in child-related employment, and consequently a positive or
negative suitability notice will be issued. If a negative notice is issued, the
Commission provides reasons for that negative notice. Where the
Commissioner proposes to issue a negative notice to a person, the
Commissioner is required to invite submissions from the person about the
circumstances surrounding their criminal history. The Commissioner is
obliged to consider any submissions made by an applicant.
The consequence of the issue of a negative notice is that the person is
unable to pursue work in child-related employment. A person issued with a
negative suitability notice has the right to have the decision reviewed by the
Children Services Tribunal.
The effect of the application of the Commission for Children and Young
People Act 2000 to this Act is a person who is a directorof a provisionally
accredited or accredited school's governing body is taken to be carrying on
a regulated business. Thus all directors of the governing bodies of schools
must obtain and keep up to date suitability notices from the Commission
for Children and Young People.
Division 2--Applications for accreditation
Subdivision 1--Applications
Clause 16 requires that an application for accreditation must be made to
the board in the form approved by the board and be accompanied by any
application fee prescribed under the Education (Accreditation of Non-State
Schools) Regulation 2001. Information in the application must be verified
by statutory declaration if the form approved by the board requires it to be
so. The following information must be included in an application for
accreditation:
� The school's proposed student intake day. The term `student
intake day' is defined in the Dictionary in Schedule 3 (located at
the end of the Act);
attributes that are to apply to the school if provisional
�
accreditation or accreditation is granted, namely:
The school's governing body, that is the legal entity (who is
(a)
the applicant).
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Education (Accreditation of Non-State Schools) Bill
2001
The land on which the school is to operate. The provisional
(b)
accreditation or accreditation of a school will not extend
beyond the area of land described in this attribute. All of the
land described in this attribute does not need to be
necessarily physically adjacent. The area of land is to be
described in as accurately a manner as possible, for example
by Real Property description. A school will be able to, for
example, offer swimming at the local council pool or take
the students on an excursion to a place outside the school's
land, without the need to have such places included in the
attribute of the land on which the school is to operate, but
such places will not become land on which the provisional
accreditation or accreditation of the school is active.
The curriculum model the school is to follow. For example,
(c)
a school may be accredited with the attribute that the school
will follow the syllabuses recognised by the Queensland
School Curriculum Council (P-10), the Board of Senior
Secondary School Studies, or syllabuses based upon a
Steiner educational philosophy. Curriculum model refers to
the overall course of study that is to be taught at the school.
The mode of delivery of education to be used at the school.
(d)
Mode of delivery is either or both of classroom education or
distance education (see Clause 13)
The years of schooling the school are to offer. For example,
(e)
a school may apply for accreditation for primary education,
with an attribute of accreditation being that the school can
provide education for years 1 to 5. If the governing body of
the school wishes to provide education for years 6 to 7, it
must apply for a change to the attributes of the school's
accreditation. If the governing body of the school wishes to
provide education for years beyond primary education, for
example, years 8 to 10, a separate application for secondary
education must be made. To obtain accreditation for a
"middle school", a governing body would apply for
accreditation for both primary and secondary education,
with the attributes for the primary education that years 5-7
can be provided, and the attributes for secondary education
that year 8-10 can be provided. If the school is a multi-age
school that does not operate with conventional year levels,
the applicant must equate the students intended to be
catered for with the conventional year levels.
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Education (Accreditation of Non-State Schools) Bill
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If the school operates from more than one site, the years of
(f)
schooling to be offered at each site. For example, a school
may be accredited to provide primary education, with the
attribute that years 1 to 3 are provided at one specified site
and years 4 to 7 are provided at another specified site. Any
change to this arrangement will require the approval of the
board.
Whether the school is to include boarding facilities.
(g)
Whether the school is to cater for both male and female
(h)
students, or whether it is a single-sex school.
If the school is an establishment phase school for a sector of
(i)
schooling, the school's sector student-intake day for the
sector of schooling. A school is an establishment phase
school if it is accredited to offer a sector of schooling that it
has not yet commenced to operate. The sector student-
intake day is the first day of educating students in that
sector. So for example, a school may apply to become a
primary school to offer preschool and years 1 to 7. These
years involve two sectors of schooling, namely preschool to
year 3 and years 4 to 7. The school is intending to
commence operation in preschool and year 1 in the first
year, year 2 in the second year and year 3 in the third year
and so on. The school will need to identify the student
intake day for the sector of schooling for years 4 to 7 as a
date in the forth year. This is to enable the assessment under
Clause 37 to take place.
indication of whether the applicant requires government funding
�
for the school and if funding is sought, the aspects of the
operation of the school for which the funding is required.
The attributes nominated will restrict the school's operation to within the
parameters of the attributes if the board decides to provisionally accredit
and ultimately fully accredit the school. The attributes can be changed on
application from the school's governing body under Chapter 2, Part 3. If a
school does not comply with these attributes, a ground for cancellation will
arise. The aspects of the operation of the school will correspond to the
attributes set out in subclause 16(3)(a)--(i), as well as any other attribute
which may apply to the operation of the school.
Clause 17 requires that where an applicant indicates in an application for
accreditation that government funding is required for the school, and the
20
Education (Accreditation of Non-State Schools) Bill
2001
board is satisfied that the school will not be operated for profit the board
must as soon as practicable:
give the Non-State Schools Eligibility for Government Funding
�
Committee a copy of the application and copies of documents
accompanying the application; and
notify the Minister that the board has received the application
�
and the date on which that application was received by the board.
This clause places an obligation on the board to supply the application to
the committee as the committee is required to consider whether the
applicant is eligible for Government funding and ultimately will make a
recommendation on funding to the Minister.
The term "Government funding" is defined in the Dictionary in Schedule
3 (located at the end of the Act). Government funding can be given for any
aspect of the operation of a school.
The term `not operated for profit' is discussed in clause 7 (discussed
above)
Subdivision 2--Provisional accreditation of schools
Clause 18 empowers the board to provisionally accredit a school if it is
satisfied that:
the applicant is suitable as the school's governing body in
�
accordance with clause 39; and
the school will be able to satisfy the requirements for
�
accreditation within the school's provisional accreditation
period.
A school will be provisionally accredited subject to the attributes set out
in clause 16(3) (discussed above) as well as any other additional attribute
agreed to by both the applicant and the board.
Once the board decides to provisionally accredit the school, it is required
to issue a certificate of provisional accreditation to the school's governing
body, as soon as practicable. Because the vast majority of applications for
new schools will be made on the basis of plans, rather than on behalf of an
established school, it is appropriate that there be a period of `provisional
accreditation', prior to accreditation of the actual school once it is
established. Provisional accreditation will be granted to a school which is
21
Education (Accreditation of Non-State Schools) Bill
2001
not yet established but which, on the basis of its planning and progress to
date, is expected to meet the full requirements of accreditation within the
period set for its provisional accreditation of, and has a suitable governing
body.
Clause 19 provides that where the board decides not to provisionally
accredit the school, the board is required to supply an information notice to
the school's governing body about that negative decision. The term
`information notice' is defined in the Dictionary in Schedule 3 (located at
the end of the Act). Having regard to the operation of Clause
101(discussed below), the board's decision to refuse to provisionally
accredit an applicant is a decision that may be reviewed under Chapter 4 of
the Act. The decision refusing provisional accreditation takes effect at end
of the review period if no application to review is made, or if an application
to review is made, the day the review is finalised.
Clause 20 provides that where the applicant has applied for provisional
accreditation and has indicated that the school requires government
funding, the board is empowered to make a decision on an application
before the Minister has reached a decision in respect of funding. The board
however must await the decision of the Minister before determining the
issue of accreditation, if the board intends to refuse the application for
accreditation because the school is not financially viable (financial viability
will be dealt with in one of the accreditation criteria to be prescribed in
regulation). If the board has not yet made a decision with respect to
accreditation, but receives notice of a negative decision from the Minister
in respect of government funding, the board can not decide the question of
accreditation until:
� the end of the period for review of the Minister's decision on
funding, if no application to review is made, or;
� the day the review is completed (if an application to review the
Minister's decision on funding is made).
Clause 21 provides that if in the application an applicant indicates that
the school will be requiring government funding and the board does not
make a decision on provisional accreditation within 9 months of receiving
the application, the lack of decision is taken to be a decision by the board to
refuse the application.
If in the application an applicant indicates that the school will not be
requiring government funding and the board do not make a decision on
provisional accreditation within 6 months of receiving the application, the
lack of decision is taken to be a decision to refuse the application.
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Education (Accreditation of Non-State Schools) Bill
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This clause is subject to the provisions in clause 22. The effect of this
clause is to avoid inordinate delays in the decision-making and to provide
applicants with review rights under Chapter 4 if delays occur, as opposed to
the remedy afforded by the Judicial Review Act 1991 which is costly and
concerned only with process, not merit.
Clause 22 states that the final day for consideration by the board of an
application (or the 'final consideration day') is:
the day that is 9 months after the board's receipt of the
�
application, where the application indicates that government
funding is required;
the day that is 6 months after the board's receipt of the
�
application, where the application indicates that government
funding is not required
This clause enables an extension of this period in which a decision on
provisional accreditation is to be made, where the board considers it needs
further time to make a decision because of the complexity of the matters to
be considered. For example, the considerations may be complex because
the governing body seeks to utilise a curriculum model which has not
previously been considered by the board. Such an extension can occur
where the applicant and the board, anytime before the final consideration
day (discussed above), agree in writing on a day referred to as "the agreed
extended day" by which the decision is to be made. If no decision is
reached by the agreed extended day, the lack of decision is taken to be a
decision to refuse the application.
Clause 23 requires a certificate of provisional accreditation to be in the
form approved by the board. The certificate relates to the school itself and
not the applicant. A school granted provisional accreditation is further
required to display their certificate prominently.
Clause 24 provides that the period of provisional accreditation will be
stated on the certificate of provisional accreditation. The period of
provisional accreditation will be determined by the board. However, the
last day of the period must be the day that is 12 months after the school's
student intake day. The term `student intake day' is defined in the
Dictionary in Schedule 3 (located at the end of the Act).
The effect of this clause is that, subject to Clause 43, there is a limit on
the amount of time for which a school can hold provisional accreditation
without progressing further to full accreditation. One reason for this limit
is to discourage applicants from using this mechanism simply to stake a
23
Education (Accreditation of Non-State Schools) Bill
2001
claim to a location, without a serious intention to develop a school at that
point in time, where government funding is required.
Clause 25 makes it an offence for a governing body of a provisionally
accredited school to operate the school prior to the school's student-intake
day. A school is being operated if students are being educated.
Subdivision 3--Decision on applications
Clause 26 stipulates the board's power to request further information or
documents at any time from the point when an application for accreditation
is initially received until the school is either granted accreditation, or
refused accreditation. The board must give the applicant a minimum of 30
days notice to comply with the board's request. If the applicant fails to
comply with the requirements of the board's notice the applicant is taken to
have withdrawn the application. When giving a notice, the board must
have regard to the time remaining to make the decision.
Clause 27 requires the board to consider an application for accreditation,
and to decide either to accredit or refuse to accredit, the applicant's school.
The board can only decide to accredit a school that is provisionally
accredited. The board may make the decision to accredit a provisionally
accredited school, if the board after assessing the school under sections 32-
34 (Chapter 2, Part 2, Division 2, Subdivision 4) is satisfied that the school
is complying with the accreditation criteria. If satisfied, the board then
accredits a school (subject to attributes under clause 16(3) and any other
attributes agreed upon between the board and applicant).
Clause 28 sets out the action the parties must take when the board makes
a decision in relation to accreditation.
If the board decides to accredit the school, the following obligations are
imposed on the parties:
The board must as soon as is practicable, issue a certificate of
�
accreditation to the governing body.
As the school's provisional accreditation is cancelled upon
�
receipt of the certificate of accreditation, the governing body
must return to the board, the certificate of provisional
accreditation within 14 days of receipt of the certificate of
accreditation.
24
Education (Accreditation of Non-State Schools) Bill
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If the board decides not to accredit the school it is required to
�
issue an information notice to the governing body as soon as is
practicable. The board's decision takes effect and the school's
provisional accreditation is cancelled from the later of:
- the day of effect stated in the information notice; or
- the last day to apply, under Chapter 4, to have the decision
reviewed; or
- the day the application for review is decided or otherwise
disposed of (under Chapter 4).
The term "information notice" is defined in the Dictionary in Schedule 3
(located at the end of the Act).
Clause 29 provides that if the board fails to decide the application for
accreditation within the school's provisional accreditation period, the board
is taken to have refused the application for accreditation. Cancellation of
the school's provisional accreditation and the decision to refuse
accreditation take effect on the later of:
the last day to apply, under Chapter 4, to have the decision
�
reviewed; or
the day the review has been completed (if an application for
�
review has been made).
This clause is subject to any extension of time under clause 30
(discussed below).
Clause 30 enables the board to extend time-frames in which to make a
decision because of the complexity of the issues that need to be considered
in reaching a decision. Extension of time-frames can only occur if, prior to
the last day of the school's provisional accreditation period, the board and
the applicant agree in writing on a new date (the `agreed extended day') by
which the application is to be decided. If by this `agreed extended day' the
board has not decided an application, the board is taken to have refused the
application.
Clause 31 requires the school's governing body to return the school's
certificate of provisional accreditation where the board has:
refused to accredit the school (under clause 27 and 28(4)
�
discussed above); or
failed to make a decision on an application (under clauses 29 or
�
30, both discussed above) and is therefore deemed to have
refused the application.
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Education (Accreditation of Non-State Schools) Bill
2001
In these two circumstances, the school's governing body must return the
school's certificate of provisional accreditation to the board within 14 days
of the decision taking effect, unless the governing body has a reasonable
excuse. Subclause 31(2) makes it an offence, for the governing body to fail
to return the certificate in the manner provided. However, a governing body
does not have to return the certificate of provisional accreditation if they
have been successful in a review of the decision and the decision was
overturned.
Subdivision 4--Assessment of schools
Clause 32 provides that the board must start an assessment of the school
to decide whether the school is complying with the accreditation criteria
after the assessment day. The "assessment day" is either:
a day agreed to by both the applicant and a board; or
�
a day of which the board notifies the applicant. This day must be
�
minimum of 60 days after the giving of notice and a maximum of
6 months before the expiry of the school's provisional
accreditation.
This assessment is intended to inform the board in making a decision
under clause 27 whether or not to fully accredit the provisionally
accredited school.
Clause 33 provides that for an assessment under subdivision 4, the board
is required to obtain a written report from an assessor about whether the
school is complying with the accreditation criteria. In preparing the report
the assessor must enter the premises (pursuant to Clause 147 discussed
below) and exercise the powers bestowed on him or her under section 149.
Clause 34 provides that the school's provisional accreditation is
extended for a period of 12 months if after the initial assessment of a
school (under clause 32), the board:
� is satisfied that the applicant is suitable to be the school's
governing body (in accordance with Clause 39);
� is not satisfied the school is complying with the accreditation
criteria;
� but is satisfied that the school will comply with the accreditation
criteria within 12 months after the end of the provisional
accreditation period.
26
Education (Accreditation of Non-State Schools) Bill
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The phrase "extended for a period of twelve months" means that 12
months are added on to the school's original provisional accreditation
period.
. In these circumstances, the board is required to do the following:
notify the governing body of the outcome of the assessment as
�
soon as practicable;
issue the governing body with another certificate of provisional
�
accreditation stating the school's extended provisional
accreditation period as soon as practicable;
conduct another assessment of the school to decide whether the
�
school is complying with the accreditation criteria, before the
end of the school's extended provisional accreditation period.
This assessment can only be conducted if the board has given the
applicant notice of the assessment within a reasonable minimum
time of 30 days before the start of the assessment.
Subclause 34(6) empowers the board to conduct no more than three
assessments of a school under this clause. This means that once a school
has started to provide education to students under its provisional
accreditation it has a maximum of 2 years to comply with the accreditation
criteria. This gives a school a maximum of 4 chances to get its operations
up to the minimum prescribed standard.
Subdivision 5--Certificates of accreditation
Clause 35 provides that the certificate of accreditation:
must be in the form approved by the board;
�
attaches to the school rather than the applicant;
�
must be displayed by the school's governing body, in a
�
prominent place at the school.
Division 3--Additional assessment of certain schools
Clause 36 provides that Division 3 applies to a school that was an
establishment phase school, that is, an accredited school that is allowed
under its accreditation to provide education within a sector of schooling,
27
Education (Accreditation of Non-State Schools) Bill
2001
but is yet to start educating students within that sector of schooling.
"Sector of schooling" means any of the following years of schooling: P-3;
4-7; 8-10; 11-12. Therefore a school that is accredited to provide primary
education in years 1-7 but is yet to commence any of the years 4-7 is an
establishment phase school. Division 3 will apply to that school once it
starts operating any of the years 4-7 so as to enable the board to assess the
school's operation in that sector of schooling to decide whether it is
complying with the accreditation criteria. A school will also be an
establishment phase school where a school is accredited for primary
education, with the attribute of only providing years 1-3, and later applies
to vary its attributes of accreditation to be able to offer years 4-7 as well.
The terms "establishment phase school" and "sector of schooling" are
defined in the Dictionary in Schedule 3 (located at the end of the Act).
Clause 37 provides that the board must commence an assessment of the
school to determine if the school is complying with the accreditation
criteria, within 14 days after the assessment day. In this clause, the term
"assessment day" is defined as the day that is either agreed upon by the
board and the governing body or the day decided by the board. If the board
decides the assessment day, the board must notify the governing body of
the nominated day. Also, the assessment day nominated by the board must
occur between 6 months after the sector student intake day and the end of
the last year of schooling for the sector of schooling. The term "sector
student intake day" is defined in Schedule 3 (located at the end of the Act).
The board can conduct no more than 2 assessments of the school for the
same sector of schooling. For example, a school starting to operate within
years 4-7 may be assessed twice during those years. Further assessments
may be conducted under this clause when the school commences operation
in another sector of schooling, such as years 8-10.
Clause 38 provides that for an assessment for determining whether the
school is complying with the accreditation criteria (under clause
37--discussed above), the board must obtain a written report from an
assessor. Subclause 38(2) provides that in order to prepare the report, the
assessor must enter the school's premises and exercise powers pursuant to
Chapter 5, Part 3.
Division 4--Investigation of suitability of school's governing body
Clause 39 provides that where a board is determining any of the
following questions:
28
Education (Accreditation of Non-State Schools) Bill
2001
whether an applicant for accreditation of a school is suitable to
�
be the school's governing body;
whether the governing body of a provisionally accredited or
�
accredited school is suitable to continue to be the school's
governing body;
whether the proposed governing body of a provisionally
�
accredited or accredited school would be suitable to be the
school's governing body,
A governing body is unsuitable if any of the governing body's directors
do not have a current positive notice to carry on a regulated business.
These notices are issued by the Commission for Children and Young
People. The term "director" is defined in the Dictionary in Schedule 3
(located at the end of the Act).
In making its decision as to suitability, the board may also have regard to
the following factors:
the nature and circumstance of the commission of an offence, if
�
any director of the governing body has been convicted of an
indictable offence; and
the nature and circumstance of the commission of an offence if
�
the governing body has been convicted of an offence.
Clause 40 empowers the board to investigate:
an applicant for accreditation to help determine whether the
�
applicant is suitable to be the school's governing body;
the governing body of a provisionally accredited or accredited
�
school to help determine whether the governing body is suitable
to continue to be the school's governing body;
the proposed governing body of a provisionally accredited or
�
accredited school to help determine whether the proposed
governing body would be suitable to be the school's governing
body
Clause 41 empowers the board investigating the governing body or
proposed governing body under clause 40, to seek from the Commissioner
of police a report about the criminal history of the body or an executive
member of the body and a brief description of the circumstances of any
conviction disclosed. This clause obliges the Commissioner to comply
with a request for this information to the extent of supplying information to
which the Commissioner has access.
29
Education (Accreditation of Non-State Schools) Bill
2001
Division 5--Periodic demonstration of compliance with accreditation
criteria
Clause 42 empowers the board to request the supply of documents from
an accredited school's governing body once every 5 years for the purpose
of assisting the board in deciding whether the school is complying with the
accreditation criteria. The request is to be made by notice to the governing
body. The clause provides that the governing body must supply the
requested documents within 6 months after the notice is issued by the
board. This clause puts the onus on the accredited school to periodically
demonstrate, when requested by the board, that it is continuing to comply
with the prescribed accreditation criteria.
PART 3--CHANGES IN PROVISIONAL
ACCREDITATION PERIOD, ATTRIBUTES OF
PROVISIONAL ACCREDITATION OR ATTRIBUTES OF
ACCREDITATION
Division 1--Changes in provisional accreditation period
Clause 43 empowers the board to extend or reduce the school's
provisional accreditation period upon application of the provisionally
accredited school. The board may extend or reduce the provisional
accreditation period even if it has already extended or reduced the period
under this clause. An application to extend or reduce the provisional
accreditation period must be made to the board in the approved form a
minimum of 90 days prior to the school's student intake day. The
application must also be accompanied by any fee prescribed by regulation.
Subclause 43(4) sets out an exemption from this minimum 90 day period.
This subclause provides that board may consider an application lodged
outside this minimum period if the board is satisfied that unforseen
circumstances, mentioned in subclause 46(2) (discussed below), arose
during the 90 day period.
Clause 44 empowers the board to obtain from the applicant further
information or documents reasonably required to make a decision on the
application to change the provisional accreditation period. The board must
30
Education (Accreditation of Non-State Schools) Bill
2001
give the applicant at least 30 days to provide documents or information
requested under this clause. If the applicant fails to comply with the
requirements of the board's notice, the applicant is taken to have withdrawn
the application. When giving a notice, the board must have regard to the
time remaining for the board to decide the application.
Clause 45 provides for default `no' decisions where the board has not
decided an application for either an extension or reduction of the school's
provisional accreditation period. Where an application is for an extension
of the school's provisional accreditation period and the board fails to make
a decision on the application before the end of the school's student intake
day, the failure is taken to be a decision by the board to refuse the
application. Where the application was for a reduction in the school's
provisional accreditation and the board fails to make a decision before the
end of the school's proposed new student-intake day, the failure is taken to
be a decision of the board to refuse the application.
Clause 46 requires the board to consider and decide all applications for
an extension or reduction in the school's provisional accreditation period.
The board's resulting decision must be one of the following:
to extend the school's provisional accreditation period in the way
�
sought in the application only if the board is satisfied that
unforseen circumstances prevent the school from complying with
the accreditation criteria within the period, giving the school's
governing body notice of the decision; or
to extend the school's provisional accreditation period in a way
�
that is different to that sought in the application only if the board
is satisfied that unforseen circumstances prevent the school from
complying with the accreditation criteria within the period; or
to refuse to grant the application to extend the school's
�
provisional accreditation period, giving the school's governing
body an information notice of the decision as soon as is
practicable; or
to reduce the school's provisional accreditation period in the way
�
sought in the application if the board is satisfied that the school
will comply with the accreditation criteria within the reduced
period, giving the school's governing body notice of the decision;
or
to reduce the school's provisional accreditation period in a way
�
that is different to that sought in the application only if the board
is satisfied the school will comply with the accreditation criteria
31
Education (Accreditation of Non-State Schools) Bill
2001
within the reduced period, giving the school's governing body an
information notice of the decision as soon as is practicable; or
to refuse to grant the application to reduce the school's
�
provisional accreditation period giving the school's governing
body an information notice of the decision as soon as is
practicable.
The term "Unforseen circumstances" is intended to cover situations
where, through no fault of the governing body, the school is unable to
comply with the accreditation criteria at the end of the period of
provisional accreditation, for example, where the requisite approvals from
the local council have not been forthcoming.
Clause 47 places obligations on both the school's governing body and
the board where a change is made to a school's provisional accreditation
period. This clause provides for two circumstances:
where the board makes a decision to extend or reduce the
1.
school's provisional accreditation period in the way sought in the
application, the school's governing body is required to return the
certificate of provisional accreditation to the board within 14
days after receiving a notice of the decision. After receiving the
certificate the board must then issue another certificate of
provisional accreditation, reflecting the changes to the school's
provisional accreditation period; and
where the board decides to extend or reduce the school's
2.
provisional accreditation period in a way that is different to that
sought in the application, the school's governing body is required
to return the certificate of provisional accreditation to the board
within 14 days of the board's decision taking effect under
subclause 46(6) (that is- on the last day to apply for the decision
to be reviewed, under Chapter 4 or if an application has been
made to have the decision reviewed, the day the application is
finalised). Once the certificate is received by the board, the board
is required to issue another certificate of provisional accreditation
reflecting the changes to the school's provisional accreditation
period.
Clause 48 provides for the fixing of a new student-intake day where a
change is made to the provisional accreditation period of a school that is
not yet operational. This clause provides for two circumstances:
where the board decides, on consideration of an application, to
1.
extend a school's provisional accreditation period in any way,
32
Education (Accreditation of Non-State Schools) Bill
2001
and the school in question is not yet operational, the school's
student-intake day is changed to the day that is 12 months before
the last day of the extended period; and
where the board decides, on consideration of application, to
2.
reduce the school's provisional accreditation period in any way,
and the school is not yet operational, the school's student intake
day is changed to the day that is 12 months before the last day of
the reduced period.
The effect of these provisions is to ensure that following the student
intake day a minimum 12 month period of provisional accreditation is
specified to allow for sufficient time for the school to comply with
accreditation criteria and for assessment of the school by the board prior to
the accreditation decision being made.
Division 2 -Changes in attributes of provisional accreditation
Clause 49 enables the governing body of a provisionally accredited
school to apply for a change to an attribute of provisional accreditation, in
the form approved by the board, with payment of any fee imposed by
Regulation. If the form requires it, information in the application must be
verified by a statutory declaration.
If the application relates to a change in the school's governing body the
application must be accompanied by copies of current positive notices
(obtained from the Commission for Children and Young People) for all
directors of the proposed governing body.
Clause 50 places obligations on the board where:
the applicant is eligible for government funding for the school;
�
and
the application relates to a change in an attribute of provisional
�
accreditation, other than a change to the schools governing body;
and
the change relates to an aspect of the operation of the school for
�
which the governing body is eligible for government funding for
the school
In these situations, the board's obligations are as follows:
33
Education (Accreditation of Non-State Schools) Bill
2001
the board must as soon as practicable give the Committee a copy
�
of the application and copies of documents accompanying the
application;
the board must give a notice to the Minister stating that the
�
application was received by the board and the date of the receipt
of that application.
Clause 51 provides that where it reasonably requires further information
or documents to decide an application for a change in an attribute of
provisional accreditation, the board is empowered to require the applicant
to supply to the board, that further information or documents. This
requirement is by notice. The time in which the governing body must
comply with this request must be stated in the notice and is a minimum
reasonable time of 30 days. Failing to comply with a notice is to be taken
as the applicant withdrawing the application.
The board must have regard to the time remaining (see clause 53) to
make the decision. This requirement indirectly ensures that the board
considers an application promptly, so that if further documents of
information are required to facilitate the making of the decision, the notice
is given in a timely fashion, allowing sufficient time upon receipt of the
further evidence to consider it and come to a decision within time.
Clause 52 requires the board to consider an application to change an
attribute of provisional accreditation and either grant or refuse the
application. If the application pertains to a change in the school's
governing body, the board may grant the application only if the board is
satisfied that the proposed governing body is suitable to be the school's
governing body (see clause 39). A change in a school's governing body
does not mean a change in the membership of the governing body. A
change in a school's governing body means that a different governing body
is to operate the school. A governing body will be considered to be
different if the name under which the governing body is incorporated is
changed.
If the application pertains to a change in an attribute of provisional
accreditation, other than a change in the school's governing body, the board
may grant the application only if the board is satisfied that, if the change is
effected, the school will comply with the accreditation criteria.
Where the board decides to grant an application for change to an
attribute of provisional accreditation, the board is required as soon as
practicable to issue a written "change notice" to the applicant stating the
decision.
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Education (Accreditation of Non-State Schools) Bill
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If the change notice pertains to a change in an attribute of provisional
accreditation, the notice must state the day before which the change must
be effected.
If the board decides to refuse the application for change to an attribute of
provisional accreditation, the board is required as soon as is practicable to
issue the applicant with an information notice.
Any approved change is to take effect on the day the notice is given to
the applicant.
Clause 53 provides for default decisions where the board has not made a
decision within stated periods. If the application concerns a change in the
school's governing body and the decision is not made within 6 months after
the receipt of the application, the decision is deemed to be a refusal of the
application.
If the application relates to a change in an attribute of provisional
accreditation other than a change in the school's governing body and:
the applicant is eligible for Government funding for the school
�
and the board fails to decide the application within 9 months
after its receipt; or
the applicant is not eligible for Government funding for the
�
school and the board fails to decide the application within 6
months after its receipt,
that failure is taken to be a decision by the board to refuse the application.
Clause 54 provides that where the funding committee receives copies of
an application and accompanying documentation for a change to an
attribute of provisional accreditation, the funding committee is required to
do the following:
Consider the application. In considering the application the
�
committee must have regard to the eligibility for Government
funding criteria, as if the change had been effected. For example,
a school may have applied to change its attribute restricting it to
offer single-sex education to offer a co-educational program.
The committee should consider what impact the changed
coeducational school will have on any other State or non-State
schools in the catchment area.
Make a recommendation about whether, if the change to the
�
attribute is effected, the applicant would still be eligible for
Government funding as far as it relates to the `relevant
35
Education (Accreditation of Non-State Schools) Bill
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operational aspect'. That is, an aspect of the operation of the
school for which the governing body is eligible for Government
funding for the school.
Communicate that recommendation to the board as soon as
�
possible after making it.
The recommendation of the funding committee must include the reasons
for the recommendation.
The committee must give the recommendation to the board. On
receiving the recommendation from the committee, the board is required to
communicate the recommendation to the Minister as soon as possible after
receiving it.
Clause 55 provides that after receiving a recommendation from the
board under clause 54 (discussed above), the Minister must decide whether
the school is to be eligible for Government funding for the proposed
change to the school. In making the decision the Minister must have regard
to the recommendation (although not bound by it) and the eligibility for
Government funding criteria, as if the change had been effected, in making
the decision. This will enable the Minister to consider the effect of the
proposed change on other schools by reference to the criteria relating to
impact, growth and unfilled capacity. The Minister will also consider the
element of choice and minimum enrolments.
Where the Minister decides that if the change is effected, the applicant
would still be eligible for Government funding for the school as far as it
relates to the relevant operational aspect, the Minister must as soon as is
practicable give the applicant and board notice of the decision.
Where the Minister decides that if the change is effected, the applicant
would no longer be eligible for Government funding for the school as far as
it relates to the relevant operational aspect, the Minister must as soon as
practicable:
give the applicant an information notice about the decision; and
�
give the board notice of the decision.
�
If the board has not received a notice of the decision, the board may
proceed to make a decision on the application for the change, but cannot
make a decision to refuse the change based on an opinion that the school
does not have access to sufficient financial resources.
Under this clause it may be possible for a school to be eligible for
Government funding for some aspects of its operation but not others. For
36
Education (Accreditation of Non-State Schools) Bill
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example, a school may be eligible for Government funding for years 8-10,
but not for years 11 to 12.
Clause 56 places obligations on both the governing body and the board,
where a change is made to the attributes of provisional accreditation and
the change relates to an attribute recorded on the certificate of provisional
accreditation. When the governing body of a school receives the change
notice, the governing body must return the existing certificate of
provisional accreditation to the board within 14 days of receiving the
notice.
On receipt of the certificate from the governing body, the board must
then issue a replacement certificate of provisional accreditation to the
governing body, stating the details of the attribute to be changed and the
date by which the change must be made. Subclause 56(4) states that the
board's failure to issue a replacement certificate does not affect the validity
of the change. This is to avoid any detriment flowing from an
administrative oversight or an undue delay in issuing a fresh certificate.
Clause 57 provides that where:
a governing body receives a change notice about a attribute of
�
provisional accreditation; and
the governing body fails to effect the change before the change
�
day stated in the notice,
the notice is taken not to have been given by the board to the governing
body. As a consequence, the governing body is required to return the newly
issued certificate of provisional accreditation to the board within 14 days of
the change day stated upon it.
The board upon receipt of the certificate of provisional accreditation,
must then issue the governing body with a replacement certificate that does
not state the attributes of the changes.
This provision ensures for consumer protection purposes that a school is
displaying an accurate certificate at any given time.
Clause 58 provides for automatic change of a governing body's
application for accreditation where a school's governing body has applied
for and been granted a change in the attribute of provisional accreditation,
the application for accreditation of the school that is yet to be decided by
the board, is taken to be amended to also reflect the changes in the change
notice.
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Education (Accreditation of Non-State Schools) Bill
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Division 3--Changes in attributes of accreditation
Clause 59 provides that an application for a change in attribute of
accreditation is to be dealt with by the same procedure as an application for
a change in an attribute of provisional accreditation. Chapter 2, Part 3,
Division 2 will apply to such an application except for clause 58, as if
accreditation were provisional accreditation.
Clause 60 provides that where an establishment phase school for a sector
of schooling does not start to operate, within that sector of schooling, on
the school's sector intake day for that sector, the attribute relating to years
of schooling it is allowed to offer is taken to be changed so as not to include
the years of schooling in that sector. The attribute of accreditation relating
to that school about the school's sector student intake day for the sector of
schooling is taken to no longer apply to the school. In addition, the school
stops being an establishment phase school for the sector of schooling.
If the school's certificate of accreditation states either the attribute about
the years of schooling it is allowed to offer, or the school's sector intake
date for that sector of schooling that has not commenced, the governing
body is required to return the certificate of accreditation to the board within
14 days after the schools sector student-intake day for the sector of
schooling. Upon receipt of the certificate, the board must issue a
replacement certificate of accreditation.
PART 4--CANCELLATION OF ACCREDITATIONS OR
PROVISIONAL ACCREDITATIONS
Division 1--Giving of compliance notices
Clause 61 sets out a compliance process where the board believes, on
reasonable grounds that an accredited school is either not complying with
an accreditation criterion or has not complied with an accreditation
criterion such that it is likely that non-compliance will continue or be
repeated. If the matter relating to non-compliance is reasonably capable of
being rectified, and it is appropriate to give the school's governing body an
opportunity to rectify the matter, the board may issue a compliance notice
requiring the governing body to rectify the matter. A compliance notice
38
Education (Accreditation of Non-State Schools) Bill
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can only be issued if a show cause notice has not been given pursuant to
clause 64 (discussed below).
Subclause 61(3) requires the compliance notice to:
state that the board believes that the school is either not
�
complying with the accreditation criteria or has not complied
with a criterion such that a continuation or repetition of the non-
compliance is likely;
identify the accreditation criterion that the board believes is the
�
subject of non-compliance;
briefly state how it is believed that the accreditation criterion is
�
not being complied with;
state the matter relating to non-compliance that the board
�
believes is reasonably capable of rectification;
state the reasonable steps the governing body must take to rectify
�
the matter;
state a reasonable period in which the governing body must
�
comply with the compliance notice.
This clause obliges compliance with compliance notice by the governing
body unless the governing body has a reasonable excuse.
The board may form a reasonable belief that a school is not complying
with the accreditation criteria on the basis of a complaint for a member of
the public.
Clause 62 empowers the board to obtain a written report about a breach
of an accreditation criterion from an assessor, before deciding whether to
issue a compliance notice under clause 61. In preparing this report, the
assessor must enter the school's premises and exercise powers pursuant to
Chapter 5, Part 3.
Division 2--Cancellation of accreditations
Clause 63 empowers the board to cancel a school's accreditation in any
of the following circumstances:
The school gained accreditation due to a materially false or
�
misleading representation or declaration.
The school's governing body is not a corporation
�
39
Education (Accreditation of Non-State Schools) Bill
2001
The school's governing body is not or has ceased to be suitable to
�
be the school's governing body (pursuant to clause
39--Suitability of governing body).
The school is not or has not complied with an accreditation
�
criterion.
There is or has been non-compliance with an attribute of
�
accreditation applying to the school. For example, a school
accredited with the attribute of providing years 8 to10 providing
year 11, or a school providing education at a location that is not
listed as an attribute of the accreditation.
The school's governing body has not given the board documents
�
required under clause 42 (Demonstration of compliance).
If documents that have been supplied pursuant to a request under
�
clause 42 are inadequate in helping the board to decide whether
the school is complying with the accreditation criteria.
Clause 64 empowers the board to give the governing body a show cause
notice where:
the board believes a ground exists to cancel the accreditation of
�
the school; and
the board has not/does not propose to give the governing body a
�
compliance notice pursuant to clause 61.
If the board has issued a compliance notice to the governing body
pursuant to Clause 61 and the governing body without reasonable excuse,
has failed to comply with the compliance notice within the period stated,
this clause empowers the board to issue a show cause notice to the
governing body.
The show cause notice must set out:
the action the board proposes taking under Chapter 2, Part 4,
�
Division 2;
the grounds for that action;
�
an outline of the facts and circumstances forming the basis for
�
the grounds;
an invitation for the governing body to state, or show cause, why
�
the action proposed by the board should not be taken.
40
Education (Accreditation of Non-State Schools) Bill
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The period stipulated in which the governing body is to show cause is a
minimum of 30 days after the show cause notice is given to the governing
body.
Clause 65 provides that any response by a governing body to a show
cause notice, issued under clause 64, can be made in the form of written
submissions to the board. These submissions must be made within the
show cause period. The clause further requires that the board must
consider all such written submissions. This requirement ensures that
principles of procedural fairness are preserved in that due consideration
must be given by the board to any documented response by the governing
body.
Clause 66 provides that if, after considering written submissions made
by a governing body in response to a show cause notice issued under clause
64, the board no longer believes the ground exists to cancel the
accreditation, the board can not proceed any further with respect to the
show cause notice. In this situation, the board is further required to give
notice that no further action will be taken against the governing body in
respect of the show cause notice. This notification requirement is designed
to reassure a governing body that it has satisfied the board that grounds to
cancel the accreditation no longer exist and that no further action will be
taken.
Clause 67 provides that the board may decide to cancel accreditation
where:
the board has considered the written submissions made by the
�
governing body in response to a show cause notice, and still
believes that grounds exist to cancel the accreditation and that
cancellation is still warranted; or
the governing body has not made any written submissions at all
�
in response to the show cause notice issued by the board.
Where it decides to cancel accreditation, the board is required to give the
school's governing body an information notice to that effect as soon as is
practicable. A decision to cancel accreditation takes effect on:
the last day to apply, under Chapter 4, to have the decision to
�
reviewed; or
the day the review is decided or otherwise disposed of (if an
�
application is made to have the decision reviewed under Chapter
4).
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Education (Accreditation of Non-State Schools) Bill
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The term "information notice" is defined in the Dictionary in Schedule 3
(located at the end of the Act).
Clause 68 provides that the governing body of a school must return the
certificate of accreditation if it receives an information notice advising that
the accreditation has been cancelled, and that decision takes effect. The
certificate must be returned within 14 days of the decision taking effect,
unless the governing body has a reasonable excuse. Subclause 68(2) makes
it an offence for the governing body to fail to return the certificate in the
manner prescribed. However, failure to return the certificate as prescribed
in subclause 68(2) is not an offence where the governing body applied to
have the decision to cancel accreditation reviewed under Chapter 4, and
succeeded in having the decision overturned.
The rationale for requiring certificates of accreditation returned where
accreditation is cancelled is to guarantee that schools no longer reaching
the standards of accreditation required do not continue to hold themselves
out to be accredited schools. This offers consumer protection.
Division 3--Cancellation of provisional accreditations
Clause 69 provides that division 2 also applies to cancellation of
provisional accreditation except clause 63 (grounds for cancellation) and
subclause 64(1)(b) (concerning the compliance notice process).
Clause 70 provides that the grounds for cancelling the provisional
accreditation of a school are as follows:
The school gained provisional accreditation due to a materially
�
false or misleading representation or declaration; or
The school's governing body is not a corporation; or
�
The school's governing body is not or has ceased to be suitable to
�
be the school's governing body.
The school is operating outside the scope of the attributes or
accreditation that apply to the school. For example, a school accredited
with the attribute that they teach years 8-10 teaching year 11.
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Education (Accreditation of Non-State Schools) Bill
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CHAPTER 3--GOVERNMENT FUNDING
PART 1--MINISTERIAL RESPONSIBILITY, AND
RESTRICTIONS ON APPLICATIONS, FOR
GOVERNMENT FUNDING
Clause 71 provides that the Minister ultimately decides whether a
school's governing body is eligible for Government funding for the school.
An application for Government funding will be considered by the funding
committee, constituted especially for that purpose in Chapter 5, Part 2. The
committee must consider the application against the requirements of the
eligibility for government funding criteria, and make a recommendation to
the Minister that is communicated via the board. The Minister then makes
a decision on eligibility for funding after considering the recommendation.
The Minister is not bound by the committee's recommendation but must
have regard to it when making the decision. As such, eligibility for
Government funding is ultimately at the discretion of the Minister.
Only schools which are provisionally accredited or accredited may be
granted State funds.
Clause 72 provides that a governing body that has been unsuccessful in
an application for Government funding cannot lodge a fresh application in
relation to the same aspect within a period prescribed by regulation. This is
because the circumstances pertaining to the eligibility for funding criteria
are unlikely to change significantly in the short term. An applicant who is
assessed as ineligible for Government funding will be free to operate as a
school under alternative financial arrangements provided it achieves
accreditation.
PART 2--APPLICATIONS FOR GOVERNMENT
FUNDING
Clause 73 enables the governing body of an accredited school that is
operated on a not for profit basis to apply for Government funding for the
school. An application for funding will be made to the committee, in the
form approved by the board, with any fee prescribed by a Regulation.
43
Education (Accreditation of Non-State Schools) Bill
2001
Public funding will only be available to a not-for-profit school. There is
not a general prohibition on `for profit' schools. Under this Act they can
exist if their quality is assured through the accreditation process, and they
are financially viable without public funding.
As Government funding for a school is defined as funding for any aspect
of the operation of the school, a governing body can apply for Government
funding for all or any part of a school's operation. For example, a
governing body can apply for funding for certain years of a school's
operation and not other years. A school may also apply for Government
funding for a certain site of the school's operation but not other sites.
Clause 74 has the effect of automatically deeming an applicant for
accreditation as an applicant for Government funding where such an
application has been supplied to the committee by the board under clause
17. An application for Government funding is deemed to have been made
on the day that the board received the application for accreditation.
PART 3--PUBLIC NOTIFICATION OF APPLICATIONS
Division 1--Preliminary
Clause 75 provides that the public notification requirements apply to
applications made for Government funding, whether the application is
made as part of an application for accreditation, or as part of an application
to change the attributes of provisional accreditation or accreditation, where
the change relates to an aspect of the school's operation for which the
governing body is eligible for Government funding or if a school in
operation that is not eligible for Government funding has applied for such
eligibility. For example, an accredited school may, as part of the
accreditation attributes, be accredited to provide primary education at a
particular site. The school is eligible for Government funding for its
operations at that site. The school now applies to relocate its primary
school to another site, and makes an application under clause 49 to change
the location attributes of its accreditation. In the process of the application
as to whether the school will continue to be eligible for Government
funding, the Committee is precluded from making a recommendation if the
public notification division provisions have not been complied with.
44
Education (Accreditation of Non-State Schools) Bill
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Division 2--Public notification requirements
Clause 76 provides for public notification procedures to be observed by
non-State schools under this Act.
If the school solely offers distance education, the applicant is required
under subclauses 76(1) and (2) to, within 7 days of making the application:
give the catchment area notice to both the governing body of any
�
other distance education school in Queensland and the principal
of any State school offering distance education in Queensland;
and
publish the catchment area notice at least once in a newspaper
�
circulating in Queensland.
If the school offers any other type of education other than pure distance
education, for example classroom education or a combination of classroom
education and distance education, then the applicant is required under
subclauses 76(3) and (4) to, within 7 days of making the application:
give the catchment area notice to both the governing body of any
�
other school operating in the school's catchment area and the
principal of any State school operating in the school's catchment
area; and
publish the catchment area notice at least once in a newspaper
�
circulating throughout the school's catchment area.
A school that applies for eligibility for Government funding for a
combination of distance and classroom education is likely to have to
publish the notice in a newspaper circulating the State, and provide copies
to all governing bodies and principals of other school in Queensland
offering distance education in order to satisfy the publication requirements.
This is so because a school offering distance education is potentially
drawing students from anywhere in the State, which may be detrimental, at
least to other State or non-State schools offering distance education.
Subclause 76(7) requires that all applicants, irrespective of the type of
education offered, must give the catchment area notice to the Chief
Executive, the Executive director, Association of Independent Schools of
Queensland (AISQ) and the Executive Director, the Queensland Catholic
Education Commission (QCEC).
The term "catchment area" is defined in the Dictionary in Schedule 3
(located at the end of the Act).
45
Education (Accreditation of Non-State Schools) Bill
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Clause 77 requires the catchment area notice, that is published in the
manner prescribed in clause 76 (discussed above) to state at the minimum,
the following matters:
the name and address of the applicant;
�
a brief description of the application;
�
the school's location;
�
a description of the school's catchment area;
�
where the application may be inspected;
�
where copies or part copies of the application may be obtained;
�
that any person is entitled to make a submission to the committee
�
about the application;
the period during which submission can be made. The stated
�
period must be a minimum of 30 days after the publication of the
catchment notice;
how to make a submission;
�
any other matter prescribed under a regulation.
�
Requiring the inclusion of this minimum information on a catchment
notice that circulates in the public domain, ensures that members of the
public have sufficient information to act upon if they wish to make a
submission on the application.
The proviso in subclause 77(2) that the minimum stated submission
period is 30 days after the publication of the catchment area notice in the
newspaper, ensures that members of the public have sufficient time in
which to prepare a submission with respect to an application for eligibility
for Government funding.
Clause 78 provides that where an applicant publishes a catchment area
notice pursuant to subclause 76(2)(b) or 76(4)(b), the applicant is required
to give the committee within 10 business days, a notice containing the
following information:
whether or not the applicant has, in relation to the application,
�
complied with the requirements mentioned in clause 76; and
the name and address of each person to whom the catchment area
�
notice was given under clause 76.
Subclause 78(2) requires that a copy of the published catchment area
notice is attached to notice.
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Education (Accreditation of Non-State Schools) Bill
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The committee must be satisfied that the applicant has complied with the
notice requirements before making a recommendation under clause 85.
Division 3--Submissions
Clause 79 enables any person to make a submission to the committee
about an application. The submission can only relate to issues relevant to a
consideration of the eligibility for Government funding criteria. The
submission must be made within the submission period as stated in the
catchment area notice.
Government funding of non-State school involves a significant amount
of public monies, and on that basis, members of the public should be
allowed to comment on that issue. Issues other than issues pertaining to the
eligibility for Government funding criteria are not relevant to this part of
the process, and members of the public are free to, at any time, bring other
issues relating to non-State schools to the notice of the board.
Clause 80 imposes a mandatory requirement that the committee accept a
`properly made submission'. To be `a properly made submission', a
submission must possess each of the following characteristics:
it is in written form;
�
it is signed by each person who makes the submission;
�
it states the name and address of each signatory;
�
it is made to the committee; and
�
it is received on or before the last day of the submission period.
�
Subclause 80(3) however gives the committee a discretion to accept a
written submission even if it does not possess each of the characteristics
listed above. For example, the committee may accept a submission that is
late. The provisions of this clause reflect the desirability of a standardised
approach to the consideration of submissions. A standardised approach to
the consideration of submissions is facilitated by submissions conforming
to a minimum standard. By virtue of subclause 79(2), the committee needs
not consider the parts of a properly made submission that do not address
the eligibility for Government funding criteria.
Clause 81 imposes obligations on both the committee and applicants in
relation to submissions received. Subclause 81(1) requires the committee
to give the applicant copies of all submissions received and accepted by the
47
Education (Accreditation of Non-State Schools) Bill
2001
committee within 10 days after the end of the submission period.
Subclauses 81(2) and (3) then require the applicant to consider the
submissions received and supply the committee with a response to the
submissions. These responses must be supplied to the committee within a
relevant period. This relevant period is the later of the following periods to
end:
20 business days after the applicant is given copies of all
�
submissions accepted by the committee; or
if the committee and applicant have within the 20 days, agreed to
�
a longer period, the longer period.
Division 4--Public access to applications
Clause 82 provides that the committee is required to allow the public to
inspect an application (including any accompanying documents), free of
charge. The committee must make the application and accompanying
documents available for inspection by the public at the board office, during
ordinary office hours. The term "ordinary office hours" is to be given its
ordinary meaning--that is 9am -5pm, Monday to Friday inclusive. This
provision is consistent with the view that the public should have free access
to information concerning the proposed use of public funds.
Also, the applicant must allow a person to inspect the application at the
applicant's registered office. A person is entitled to inspect both the
completed application form and any documents lodged with the
application.
Clause 83 requires the applicant to supply a copy of the application, or
part of the application to any person who requests it, free of charge. This
clause does not require the applicant to supply a copy of the documents
accompanying the application. A person will however be able to peruse
these documents at the board office as discussed in relation to clause 82
above.
Some of these documents may be protected by copyright or may contain
intellectual property of the applicant or third party. The documents may
also contain commercially sensitive information. By enabling a person to
inspect the full application at the board's office, as well as at the applicant's
registered office, a person wanting to make a submission should have a
reasonable opportunity to appraise himself or herself of the entire evidence
that has been submitted to the committee by the applicant.
48
Education (Accreditation of Non-State Schools) Bill
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Division 5--Non compliance with public notification requirements
Clause 84 provides for the procedure where the committee is not
satisfied that the applicant has complied with the notice requirements
imposed in clause 76. The committee can take either of two courses of
action in such a situation:
The committee can accept that there has been substantial
1.
compliance with the notification requirements and make a
recommendation about eligibility for Government funding under
clause 85.
The committee can issue an outstanding notice requirement
2.
informing the applicant what they must do to meet the public
notification requirements, and the time within which this action
must be completed. If the committee is satisfied that there has
been substantial compliance with the outstanding notice
requirement, the committee can make a recommendation to the
Minister. If the committee is not satisfied that there has been
substantial compliance with the outstanding notice requirement,
the committee must not make a recommendation to the Minister
and must notify the Minister, the board and the applicant that no
recommendation will be made.
PART 4--RECOMMENDATIONS BY COMMITTEE
ABOUT APPLICATION FOR GOVERNMENT FUNDING
Clause 85 places obligations on both the committee and the board with
respect to applications received by the committee to be considered eligible
for eligibility for Government funding and the sequence in which these
obligations are to be discharged. When an application for Government
funding is received by the committee, the committee must:
consider the application;
�
make a recommendation about whether the applicant is eligible
�
for Government funding; and
give the recommendation to the board as soon as practicable after
�
making the recommendation.
49
Education (Accreditation of Non-State Schools) Bill
2001
The board must give the recommendation to the Minister as soon as is
practicable after receiving it. The recommendation must contain the
reasons for the recommendation.
Subclause 85(3) sets out the criteria that the board must have regard to
when considering an application for Government funding for a school that
is not yet in operation.
Distinguished from subclause 85(3) is subclause 85(4) that sets out the
criteria that the board must have regard to when considering an application
for eligibility for Government funding for a school that is already in
operation.
The purpose of these criteria is to ensure that State funds support schools
which meet a community need. The committee will consider impact,
choice, minimum enrolment thresholds, school age population growth and
unfilled enrolment capacity.
Clause 86 provides the matters to be taken into account when
considering the criterion in subclause 85(3)(a) and 85(4)(a). That is, the
likely impact the operation of the school will have on other schools in the
catchment area, in relation to making a decision on eligibility for
Government funding for a school.
Subclause 86 (1) stipulates that in considering an application for
eligibility for Government funding for a school that is not yet in operation
and having regard to the criteria about the likely impact the operation of the
school will have on any other schools or State schools operating in the
school's catchment area within 5 years after the school's student-intake day
(pursuant to clause 85(3)) the committee must have regard to the matters in
subclause 86(1). That is:
whether there is likely to be a reduction in enrolments at any of
�
the other schools or State schools within the 5 year period
because of the establishment of the school;
whether there is likely to be a reduction in curriculum offerings
�
at any of the other schools or State schools within the 5 year
period because of the establishment of the school;
whether there is likely to be a closure of any of the other schools
�
or State schools within the 5 year period because of the
establishment of the school.
When considering an application for eligibility for Government funding
for a school that is in operation and having regard to the criteria about the
likely impact the operation of the school will have on any other schools or
50
Education (Accreditation of Non-State Schools) Bill
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State schools operating in the school's catchment area within 5 years after
the year in which the application is being considered (pursuant to 85(4)(a)),
the committee must have regard to the matters in subclause 86(2). That is:
whether there is likely to be a reduction in enrolments at any of
�
the other schools or State schools within the 5 year period
because of the Government-funded operation of the school;
whether there is likely to be a reduction in curriculum offerings
�
at any of the other schools or State schools within the 5 year
period because of the Government-funded operation of the
school
whether there is likely to be a closure of any of the other schools
�
or State schools within the 5 year period because of the
Government-funded operation of the school.
Clause 87 provides that where it reasonably requires further information
or a document to make a recommendation in relation to eligibility for
Government funding, the committee is empowered to require the applicant
to supply to the committee that further information or document. This
requirement is by notice of the committee. The time in which the applicant
must comply with this request must be stated in the notice and is a
minimum reasonable time of 30 days. Subclause 87(2) states that where
they fail to comply with the request for further information within the
stated time, the applicant is taken to have withdrawn their application.
The committee must have regard to the remaining time for the Minister
to make the decision when giving a notice. Pursuant to clause 90, the
Minister has 9 months to make a decision from receipt of the application by
the board, but subject to clause 91, under which the Minister may agree
with the applicant on an extended period to make the decision.
PART 5--DECISION BY MINISTER
Clause 88 places obligations on the Minister where the Minister receives
a recommendation relating to a school's eligibility for government funding.
These obligations are as follows:
� the Minister must make a decision as to whether the applicant is
eligible for Government funding for the school. In making the
decision, the Minister must have regard to the recommendation
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Education (Accreditation of Non-State Schools) Bill
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and any reasons for recommendation, and the eligibility for
Government funding criteria. It should be noted however that the
Minister is not bound by the recommendation;
if the Minister's decision is to grant the application about
�
Government funding, the Minister must as soon as practicable
give the applicant and the board notice of the decision;
if the Minister's decision is to refuse the application about
�
Government funding, the Minister must as soon as practicable
give the applicant an information notice of the decision and give
the board notice.
Clause 89 provides that where further information or documents are
reasonably required in order to make a decision on eligibility for
Government funding, the Minister is empowered to require the applicant to
supply the Minister with that further information or document. This
requirement is by notice. The time in which the applicant must comply
with this request must be stated in the notice and is a minimum reasonable
time of 30 days. Subclause 89(2) states that where they fail to comply with
the request for further information within the stated time, the applicant is
taken to have withdrawn their application for Government funding.
The Minister must have regard to the remaining time to make the
decision when giving notice.
Clause 90 provides that where the Minister fails to decide an application
for eligibility for Government funding within 9 months from when the
application was made, the failure is taken to be a decision of the Minister to
refuse to grant the application. The 9 month period may be extended with
the applicant's agreement pursuant to clause 91.
Clause 91 enables an extension of the ordinary nine month period in
which a decision on eligibility for Government funding is to be made.
Such an extension can occur where the applicant and the Minister, anytime
before the end of that period, agree in writing to a day referred to an agreed
extended day by which the decision is to be made. The Minister must
notify the board as soon as is practicable of the agreed extended day. The
effect of this notice is that the period in which the board must decide
whether to provisionally accredit the school is also extended to the agreed
extended day. Subclause 4 provides that where the Minister fails to make a
decision on the application by the agreed extended day, the Minister is
taken to have refused to grant the application.
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Education (Accreditation of Non-State Schools) Bill
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PART 6--WITHDRAWAL OF ELIGIBILITY FOR
GOVERNMENT FUNDING
Division 1--Preliminary
Clause 92 provides that the provisions concerning withdrawal of
eligibility for Government funding apply to schools whose governing
bodies are eligible for Government funding.
Division 2--Withdrawal after show cause process
Clause 93 sets out the following as grounds for the withdrawal of
eligibility for Government funding:
the school is being operated for profit;
�
the school's governing body does not consent to the entry by an
�
auditor to the school's premises under clause 150;
the school's governing body has not complied with the
�
provisions of clause 162, the provision of survey data to the
board in the manner prescribed by subclause 162(2).
The term `operated for profit' is to be interpreted with reference to
clause 7 (School "not operated for profit").
Clause 94 provides that where the board believes a ground exists (under
clause 93) for withdrawal of the eligibility for Government funding, the
board is required to give the governing body a show cause notice stating the
following:
the recommendation the board proposes to make under this
�
Division;
the grounds for the proposed recommendation;
�
an outline of facts and circumstances forming the basis for the
�
grounds;
an invitation to the governing body to show, within a minimum
�
stated period of 30 days after the show cause notice is given to
the governing body, why the proposed recommendation should
not be made .
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Education (Accreditation of Non-State Schools) Bill
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Clause 95 enables the governing body to make written representations
about the show cause notice to the board within the show cause period
stated in the notice. Subclause 95(2) obliges the board to consider all such
written representations from the governing body.
Clause 96 provides that where, after considering the written
representations of the governing body in response to the show cause notice,
the board no longer believes the grounds exist for the withdrawal of the
eligibility for Government funding, the board:
must take no further action about the show cause notice; and
�
must as soon as is practicable after forming the belief, give notice
�
to the governing body that no further action is to be taken in
relation to the show cause notice.
Clause 97 provides for the board to make recommendations to the
Minister if the board continues to believe that grounds exist to withdraw
eligibility for Government funding, after considering the written
representations of the governing body in response to the show cause notice
(if any). If the board believes grounds exist, the board must:
must make a recommendation that the eligibility for Government
�
funding be withdrawn, (including the reasons for the
recommendation); and
must as soon as is practicable after making the recommendation,
�
give the recommendation to the Minister.
Clause 98 provides that where the Minister receives a recommendation
from the board that the eligibility for Government funding be withdrawn,
the Minister must decide whether the eligibility for Government funding
should be withdrawn.
In arriving at the decision, the Minister, although not bound by the
recommendation by the board, must have regard to that recommendation
and the reasons given for it.
Where the Minister decides that the eligibility for Government funding
be withdrawn, the Minister is required as soon as is practicable to do the
following:
give the governing body an information notice about the
�
decision; and
give the board notice of the decision.
�
The decision to withdraw eligibility for funding does not take effect
until:
54
Education (Accreditation of Non-State Schools) Bill
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the last day for the applicant to apply, under Chapter 4, to have
�
the decision reviewed; or
if the applicant has applied to have the decision reviewed under
�
Chapter 4, the day the review is finalised.
Where the Minister decides that the eligibility for Government funding
not be withdrawn, the Minister is required as soon as is practicable to give
both the board and the governing body, notice of the decision.
Division 3--Automatic withdrawal
Clause 99 provides that if the provisional accreditation or accreditation
of a school is cancelled, the eligibility for Government funding is taken to
be withdrawn when the cancellation takes effect under this Act.
Clause 100 provides that where a school has applied for accreditation
but the board decides not to provisionally accredit or accredit that school,
the eligibility for Government funding is taken to be withdrawn when the
decision takes effect under this Act.
CHAPTER 4--REVIEWS OF DECISIONS
Clause 101 provides a right of review to the Minister of a decision by a
person who:
� is given, or who is entitled to be given an information notice for a
decision; and
who is dissatisfied with the decision.
�
The term "information notice" is defined by the Dictionary in Schedule 3
(located at the end of the Act) and is to be provided under the following
clauses of this Act:
clause 19--Decision to refuse to provisionally accredit school;
�
clause 21--Failure to decide to provisionally accredit a school;
�
clause 22--Further time to make a decision;
�
clause 28--Steps to be taken after application decided;
�
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Education (Accreditation of Non-State Schools) Bill
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clause 29--Failure to decide application during school's
�
provisional accreditation period;
clause 30--Further consideration of application;
�
clause 45--Failure to decide application;
�
clause 46--Decision about application;
�
clause 52--Decision of board;
�
clause 53--Failure to decide application;
�
clause 55--Decision of Minister;
�
clause 67--Cancellation;
�
clause 88--Decision on application;
�
clause 90--Failure to decide application;
�
clause 98--Decision of Minister.
�
Clause 102 provides the time frame within which the application for
review must be made and the form in which the application must be made.
Ordinarily, a person must apply for review within 28 days after an
information notice is received. If for some reason, a person who is entitled
to an information notice has not received the notice, that person can apply
for review within 28 days of becoming aware of the decision. The Minister
can extend the time for applying for review. An application for review
must be in writing, and must state fully the grounds of the application.
Clause 103 sets out the procedures to be observed when an applicant
applies for a board decision to be reviewed by the Minister. When an
applicant applies to the Minister for a review of a decision of the board, the
applicant is required to serve a copy of the application on the board.
In reviewing the decision:
The Minister must consider the material before the board that led
�
to the original decision, the reasons for the decision, and any
other relevant material the Minister allows.
The Minister must give the applicant and board a reasonable
�
opportunity to make written representations to the Minister.
If material allowed under clause 103(3)(c) affects the Minister's
�
decision, the Minister must give the applicant and board a
reasonable opportunity to make written representations.
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Education (Accreditation of Non-State Schools) Bill
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After reviewing the original decision, the Minister must make a
�
review decision to either refer the matter to which the decision
relates back to the board for further consideration, subject to any
directions decided by the Minister, or decline to refer the matter
to which the decision relates back to the board for further
consideration. If the Minister in reviewing a decision refers the
matter back to the board with directions, the board must comply
with those directions.
As soon as practicable, the Minister must give the applicant
�
notice of the review decision and any directions made to the
board.
The board must acknowledge in its annual report under the Financial
Administration and Audit Act 1977, any directions issued by the Minister
under this clause. The phrase: "details of all directions" is not intended to
mean that in all cases the full content of the direction must be published.
The details to be published must at least include the application in relation
to which the direction was issued.
Clause 104 sets out the procedures to be observed when an applicant
applies for a decision of the Minister to be reviewed by the Minister. In
reviewing a decision made by the Minister, the Minister must consider the
material that led to the original decision, the reasons for the decision and
any other relevant material the Minister allows. The Minister must give the
applicant a reasonable opportunity to make written representations. If
material allowed under clause 104(2)(c) affects the Minister's decision,
The Minister must give the applicant a reasonable opportunity to make
written representations to the Minister on that allowed material. After
reviewing the original decision the Minister must make a decision to
confirm the original decision or amend the original decision or substitute
another decision for the original decision. As soon as practicable after
making the review decision, the Minister must give the applicant notice of
the review decision. If the review decision is not the decision sought by the
applicant, the review notice must also state the reasons for the review
decision.
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CHAPTER 5--ADMINISTRATION
PART 1--NON-STATE SCHOOLS ACCREDITATION
BOARD
Division 1- Establishment and functions
Clause 105 establishes the Non-State Schools Accreditation Board. The
term "board" is defined in the Dictionary in Schedule 3 (located at the end
of the Act).
Clause 106 provides an overview of the role of the Non-State Schools
Accreditation Board by specifying the board's functions under this Act.
The key functions of the board are to:
assess applications for accreditation;
�
accredit schools that comply with the accreditation criteria;
�
maintain a publicly accessible register of provisionally
�
accredited and accredited schools;
monitor whether accredited schools are continuing to comply
�
with the accreditation criteria; and
examine, and advise the Minister about the operation of the
�
accreditation scheme under the Act.
Some of these functions are discussed in these Explanatory Notes under
the heading entitled: "How the Policy Objectives Will be Achieved".
Division 2--Membership
Clause 107 provides that the board consist of seven members appointed
by the Governor in Council. The members are comprised of:
a chairperson to be nominated by the Minister;
�
three members nominated by the Minister after consulting with
�
Association of Independent Schools of Queensland (AISQ) and
Queensland Catholic Education Commission (QCEC).
one nominee of the Director-General of Education;
�
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Education (Accreditation of Non-State Schools) Bill
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one member who is nominated by the AISQ; and
�
one member who is nominated by the QCEC.
�
The membership of the board is designed to ensure that there is
representation from the main providers of school education in Queensland,
that is, Education Queensland, Catholic schools and Independent schools.
The three nominees of the Minister are to provide independent community
input into the process of accrediting and monitoring the accreditation of
schools.
Subclause 107(2) sets out restrictions on who may be appointed as the
Minister's consultation nominees. Subclause 107(2)(a) prevents the
Minister from nominating as a Minister's consultation nominee, a person
who is:
an employee of the Department;
�
working full time in an accredited school;
�
a director or member of the governing body of an accredited
�
school;
a member of an entity representing the interests of the governing
�
body of the schools.
In addition, subclause 107(2)(b) requires that a Minister's consultation
nominee possess qualifications, experience or standing that the Minister
considers appropriate to membership of the board.
Therefore, these three nominees are chosen for their expertise and
standing in the education community and can not be employees or
currently active within the governance structures of either the Department
of Education, or the non-State schools sector. The purpose of these
restrictions is to ensure that the Minister's consultation nominees are not
employed by, or act as representatives of, the main providers of school
education in Queensland. In this way the board should reflect the
educational beliefs and interest of the whole educational community.
Clause 108 sets out requirements for the nomination of members to the
board by Association of Independent Schools of Queensland (AISQ) and
Queensland Catholic Education Commission (QCEC). Subclause 108(2)
requires that the Minister give the entity who is to make the nomination a
notice stating a reasonable time within which it may nominate the person
for membership. Subclause 108(3) empowers the Minister to nominate a
person for membership where a nomination is not made within the time
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Education (Accreditation of Non-State Schools) Bill
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stated in the notice. A nomination in this circumstance is deemed to have
been made by the entity.
Clause 109 specifies that the maximum term of office for a member of
the board is four years. There is nothing to prevent the appointment of a
member for a period of less than four years, which means membership
terms can be staggered. In addition, there is no restriction on the number of
terms a person can serve as a member of the board.
Clause 110 requires that the board appoint a deputy chairperson for a
term it decides though the term cannot exceed the member's current term.
This clause describes how the office of deputy chairman becomes vacant
but provides that a person resigning the office of deputy chairman may
continue as a member of the board. Subclause 110(5) provides for the
deputy chairman to act as chairperson in the following circumstances:
when the office of chairperson is vacant;
�
during all periods when the chairperson is absent from duty
�
during all periods when the chairperson can not perform the
�
functions of the office.
Clause 111 provides that a person is ineligible to be appointed, or to
continue, as a member of the board if convicted of an indictable offence in
any jurisdiction. The term `convicted' is defined in the Dictionary in
Schedule 3 (located at the end of the Act). It should be noted that this
clause operates in addition to section 25 of the Acts Interpretation Act 1954
which specifies that the power to appoint a person to an office includes the
power to remove the person from office at any time. This clause is subject
to clause 112 (discussed below).
Clause 112 preserves the Minister's discretion in allowing a person
convicted of an indictable offence to become or continue as a board
member. This clause provides for the procedure to be followed by the
Minister and the board if that discretion is exercised.
Clause 113 sets out the circumstances in which a member is taken to
have vacated office, namely, when a member resigns, ceases to be eligible
for membership under clause 111 (discussed above), or is absent without
the board's permission from 3 consecutive board meetings (where a
quorum is present) of which due notice has been given. A Minister's
consultation nominee is taken to have vacated office if that person no
longer meets the requirements for membership specified under subclause
107(2). For example, a consultation nominee is taken to have vacated
office, if the person becomes an employee of Education Queensland.
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Education (Accreditation of Non-State Schools) Bill
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Clause 114 specifies when a notice of resignation tendered to the
Minister by a member, chairperson or deputy chairperson is to take effect
Clause 115 stipulates the entitlement of members to be paid fees and
allowances decided by the Governor-in-Council. It is implicit that
members may waive their entitlement under this clause.
Division 3--Board business
Clause 116 enables the board to administratively determine procedural
matters associated with the conduct of its business, subject to the
requirements of this division.
Clause 117 requires the chairperson to determine meeting times and
places and to convene a meeting when requested to do so, in writing, by the
Minister or by a quorum of members. The board must meet a minimum of
4 times a year and as often as required to perform its functions.
Clause 118 specifies how many members constitute a quorum for the
board. Having regard to the generally understood meaning of the term, a
`quorum' is the number of members required to be present at a board
meeting in order for the board to transact its business legally. The quorum
for the board is four members.
Clause 119 specifies who is to preside at meetings of the board, namely
the chairperson; or in the absence of the chairperson, the deputy
chairperson; or in the absence of both the chairperson and the deputy
chairperson, a member chosen by a majority of the members present.
Clause 120 provides for attendance by members at board meetings by
proxy. Proxyholders holding proxy for the chairperson or deputy
chairperson are not entitled to preside merely for that reason but may
preside subject to clause 119(3).
Clause 121 sets out various procedural requirements for the conduct of
board meetings. Subclauses 121(1)-(3) specify voting procedures and
provide that questions are to be determined by a majority of votes; that
each member present has a deliberative vote, and that in the event of a tied
vote, the presiding member also has a casting vote; a member who abstains
from voting is taken to have voted for the negative. Subclauses 121(4)-(6)
provide for board meetings to be held by distance communication and for
board decisions to be made by flying minutes.
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Education (Accreditation of Non-State Schools) Bill
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Clause 122 requires that the board maintains records of its meetings, in
the form of minutes.
Clause 123 places an obligation on board members to disclose any
personal or pecuniary interest (for example, in matters relating to
themselves, their families or business associates) where such interests
relate directly or indirectly to matters under consideration by the board and
which could conflict with the proper performance of the member's duties
when considering the matter. When a disclosure is made under this clause,
the member must absent himself or herself from deliberations and
decisions about the matter, unless otherwise directed by the board. The
disclosure must be minuted. The absence of members under this clause
does not compromise the quorum of the board. Note that a member with a
conflict of interest who cannot attend the meeting due to the operation of
clause 123(3) may send a proxy under clause 120.
Division 4--Board committees
Clause 124 empowers the board to establish committees to assist in the
performance of its functions and to decide terms of reference and any other
matters about a committee that are not provided for under this Act. Any
committee created may include as a member, a person who is not a member
of the board. The Non-State Schools Eligibility for Government Funding
Committee (the Funding Committee) established under clause 129 of this
Act, is a committee of the board. The board will not determine the terms
of reference of the Funding Committee, as these are stated in the Act (at
clause 130), but will determine the terms of reference for all other
committees.
Division 5--Administrative support of board and its committees
Clause 125 requires that the Director-General of the Department of
Education ensures that the board and its committees have all the
administrative support that is required to perform their functions in an
efficient and effective manner. This administrative support is to be
provided through the Office of Non-State Schooling section of the
Department of Education.
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Education (Accreditation of Non-State Schools) Bill
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Division 6--Other provisions about the Board
Clause 126 provides that the board is a statutory body for the purpose of
the Financial Administration and Audit Act 1977 (`the FA&A Act'). The
effect of clause 126 is to apply the provisions of the FA&A Act, which
deals with the financial administration and audit of statutory bodies, to the
board. For example, under FA&A Act the board will be required to prepare
annual financial statements and an annual report.
Clause 127 provides that the board is a statutory body for the purpose of
the Statutory Bodies Financial Arrangements Act 1982 (`the SBFA Act').
The effect of clause 127 is to apply the provisions of the SBFA Act to the
board. For example, the SBFA Act gives the board power to operate a
deposit and withdrawal account with a financial institution to the extent
necessary or convenient for its day-to-day operations. In order to operate
such an account with an overdraft facility, the SBFA Act requires the board
to obtain the Treasurer's approval to do so. Subclause 127(2) provides that
the board's powers under this Act are limited to the extent specified in Part
2B of the SBFA Act.
Clause 128 empowers the board to issue, replace or vary guidelines that
are statutory instruments under the Statutory Instruments Act 1992. The
board can make guidelines about the methodology to be followed in
decisions about whether a school is, or will, comply with the accreditation
criteria or should be eligible for State Government funding when
considered against the eligibility for Government funding criteria.
Methodology is intended to include; the units of measurement to be used,
the qualitative and quantitative methods of analysis, data collection
procedures and forms of acceptable evidentiary proof. For example, in
relation to the demonstration of financial viability, the board will be
empowered to list the types of document, bank statements, auditors or
accountant statements, which can be used to demonstrate financial
viability. In relation to units of measurement, for example, the board will
be empowered to specify that catchment areas are to be measured in
"statistical local area " rather than by postal codes or some other form of
measurement. The board may also issue guidelines about administrative
matters relevant to applications under the Bill. For example, these
guidelines may concern such matters as; calls for applications, notices of
acknowledgement of applications, place of receipt of applications and
methods of lodgement of applications.
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Education (Accreditation of Non-State Schools) Bill
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PART 2--NON-STATE SCHOOLS ELIGIBILITY FOR
GOVERNMENT FUNDING COMMITTEE
Clause 129 establishes the Non-State Schools Eligibility for
Government Funding Committee ("the committee"). This is a sub-
committee of the board. The term `committee' is defined in the Dictionary
in Schedule 3 (located at the end of the Act). The committee is to assist the
Minister in determining the eligibility of non-State schools for the receipt
of State funds. The committee is responsible for making a
recommendation about eligibility for Government funding. That
recommendation is then communicated to the Minister via the board.
Clause 130 provides an overview of the committee's role by specifying
the committee's functions under this Act. The key functions are:
to assess or reassess the eligibility of the school's governing body
�
for Government funding for the school; and
to make recommendations for consideration of the Minister,
�
about the eligibility of a school's governing body for
Government funding for the school.
The term "Government funding" is defined in the Dictionary in Schedule
3 (located at the end of the Act).
Clause 131 requires that the committee consist of six members
appointed by the board. The six committee members are comprised of:
a chairperson to be nominated by the Minister;
�
a member nominated by the Minister (the `Minister's
�
consultation committee member'), nominated after consultation
with the Association of Independent Schools of Queensland
(AISQ) and the Queensland Catholic Education Commission
(QCEC).
one nominee of the Director-General of the Department of
�
Education;
one member who is nominated by the AISQ;
�
one member who is nominated by the QCEC.
�
one nominee of the board with expertise in demography and
�
town-planning matters
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Education (Accreditation of Non-State Schools) Bill
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A "Minister's consultation nominee" must be agreed to by the Director-
General of the Department of Education, the AISQ and the QCEC. A
Minister's consultation nominee must possess qualifications, experience or
standing that the Minister considers appropriate to membership of the
board, however the following people are excluded from being a `Minister's
consultation committee nominee':
an employee of the Department;
�
a person working full-time in an accredited school;
�
a director or member of the governing body of an accredited
�
school;
a member of an entity representing the interests of the governing
�
body of the schools.
The nominee with expertise in demography and town-planning matters
is to be appointed following agreement with the AISQ and QCEC.
Clause 132 provides that the chairperson of the accreditation board may
attend and participate in any of the committee's deliberations, but holds no
voting rights at any meeting of the committee. The committee must give
the board's chairperson notice of every meeting of the committee.
Clause 133 prescribes the process of nomination to the committee of the
nominees to the Association of Independent Schools of Queensland
(AISQ) and the Queensland Catholic Education Commission (QCEC).
The board is required to give the AISQ and QCEC a notice allowing a
reasonable time within which the entities may nominate a person for the
position on the committee. However, should the entity fail to make a
nomination within the time stated in the notice, the board is empowered to
nominate a person for membership. A nomination in this circumstance is
deemed to have been made by the entity.
Clause 134 stipulates the entitlement of committee members to be paid
fees and allowances decided by the Governor-in-Council. It is implicit that
committee members may waive their entitlement under this clause.
Clause 135 places an obligation on committee members to disclose any
personal or pecuniary interest (for example, in matters relating to
themselves, their families or business associates) where such interests
relate directly or indirectly to matters under consideration by the
committee and which could conflict with the proper performance of the
member's duties when considering the matter. When a disclosure is made
under this clause, the member must absent himself or herself from
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Education (Accreditation of Non-State Schools) Bill
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deliberations, unless otherwise directed by the board, and decisions about
the matter and the disclosure must be minuted.
Similarly, if there is another committee member who is also required to
disclose a personal or pecuniary interest, this other committee member is
obliged to absent himself or herself when the committee is deliberating
about the matter relating to the first committee member, unless otherwise
directed by the board. Any such disclosure must be minuted.
The absence of members under this clause does not compromise the
quorum of the committee.
PART 3 -AUTHORISED PERSONS
Division 1--Preliminary
Clause 136 provides that authorised persons under Chapter 5, Part 3 of
this Act are carrying on a regulated business for the purposes of the
Commission for Children and Young People Act 2000, Part 6. This means
that assessors and auditors are required to apply for and obtain a suitability
notice from the Commissioner for Children and Young People pursuant to
Part 6 of the Commission for Children and Young People Act 2000. The
suitability notice reflects suitability for child related employment.
Division 2--Functions and powers of authorised persons
Clause 137 provides that an assessor's function is to ascertain if a
provisionally accredited or accredited school is complying with the
accreditation criteria. An assessor is an authorised person under this Act.
The terms `assessor' and `authorised person' are defined in the Dictionary
in Schedule 3 (located at the end of the Act) by reference to clause 140.
Clause 138 provides that an auditor's function is to verify school survey
data relating to a provisionally accredited or accredited school that has
been provided to the board pursuant to obligations under clause 162. An
assessor is an authorised person under this Act. The term `auditor' `is
defined in the Dictionary in Schedule 3 (located at the end of the Act) by
reference to clause 140.
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Education (Accreditation of Non-State Schools) Bill
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Clause 139 formally gives the assessors and auditors powers attributed
to them in this Act.
Division 3--Appointment of authorised persons and other matters
Clause 140 specifies the criteria by which people are appointed to the
position of assessor or auditor by the board. Subclause 140(5) specifically
allows a person to be appointed as both assessor an auditor and discharge
duties for both. An assessor or auditor may be appointed only if the person
has the necessary expertise or experience to be an assessor or auditor and
the person is suitable to perform the duties of an assessor or auditor.
Clause 141 provides that in considering the suitability of a person to
perform the function of either an assessor or an auditor, the board must
decide that a person is unsuitable if the person does not have a current
positive notice for suitability for child-related employment issued under the
Commission for Children and Young People Act 2000. Also, the board
must have regard to, and make enquiries about the person's character and
standing. The board may also have regard to other matters in considering
the suitability of a person to perform duties as an assessor or auditor.
Clause 142 provides that assessors and auditors hold their office subject
to the conditions stated in the instrument of appointment. One condition
will be that authorised persons notify the board within 7 days of making an
application for a suitability notice for child-related employment issued
under the Commission for Children and Young People Act 2000. The
purpose of this provision is to keep the board informed of any changes to
the criminal histories of authorised persons, and when the lapsing or
imminent lapsing of validity of suitability notices authorised persons. Also
the authorised person ceases to hold office at the end of the term of
appointment specified in the instrument of appointment, or of the
authorised person resigns by signed notice.
A person in the position of assessor or auditor can resign by supplying a
signed notice of resignation to the board. However a person in the position
of assessor or auditor may not resign from their office as assessor or auditor
if a condition of the person's employment to another office requires the
person to hold the office of assessor or auditor.
Clause 143 requires the board to issue each assessor and inspector with
an identity card, specifying the attributes of what is required on the identity
card.
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A single identity card may be issued to an authorised person for the
purposes of this Act and other Acts.
Clause 144 makes it an offence for a person who ceases to be an
authorised person to fail to return his or her identity card to the board in the
absence of a reasonable excuse.
Clause 145 provides that before exercising a power under the Act, an
assessor or auditor must either produce an identity card for a person's
inspection or have the card clearly and visibly displayed.
Division 4--Powers of assessors
Clause 146 provides that the powers set out in Division 4 relate to the
preparation of reports to the board under clauses 31, 38, 62 or 188.
Clause 147 empowers an assessor to enter a school's premises after
complying with clause 148 (discussed below)
Clause 148 requires an assessor, seeking to enter the school's premises,
to give the governing body a notice setting out the purpose of the entry and
the day it is proposed that the auditor enter the school. The nominated day
of entry must be a minimum of 14 days from the issue of the notice to the
school's governing body. The governing body and the assessor my
however agree upon a day that is earlier than the 14 day period. In deciding
the period of notice to be given before entering the school's premises, the
assessor must have regard to the circumstances of the proposed entry.
Clause 149 provides that where an assessor has entered a school's
premises pursuant to clause 147 and 148 (discussed above), he or she is
empowered to:
inspect any part of the premises that are usually used for the
�
teaching of students; or
take an extract, or copy, of a document at the premises; or
�
require the school's governing body to give him or her
�
information, or produce a document to him/her, to assist in the
preparation of the report.
Division 5--Powers of auditors
Clause 150 empowers an auditor to enter a school's premises after
complying with clause 151 (discussed below)
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Clause 151 requires an auditor seeking to enter the school's premises to
give the governing body a notice setting out the purpose of the entry and
the day it is proposed to enter the school. The nominated time of entry
must be a minimum of one day from the issue of the notice to the school's
governing body. However, the governing body and auditor may agree on a
time that is earlier than the one day period. In deciding the period of notice
to be given before entering the school's premises, the assessor must have
regard to the circumstances of the proposed entry.
Clause 152 provides that where an auditor has entered a school's
premises pursuant to clauses 150 and 151 (discussed above), he or she is
empowered to:
physically verify that certain students enrolled for classroom
�
education at the school are attending the school;
physically verify that certain students enrolled for distance
�
education at the school are undertaking the education;
take an extract, or copy, of a document at the premises;
�
require the school's governing body to give him/her information,
�
or produce a document to him/her.
Division 6--General enforcement matters
Clause 153 makes it an offence for a person to impersonate an assessor
or auditor.
PART 4--LEGAL PROCEEDINGS
Division 1--Evidence
Clause 154 clarifies that Chapter 5, Part 4, Division 1 applies to a
proceeding under this Act.
Clause 155 removes any necessity to prove the appointment of the
Minister for Education, board members, committee members and
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authorised persons. The intention of this clause is to save time in potential
legal proceedings by not having to prove these matters.
Clause 156 provides that a signature purporting to be that of the Minister
for Education, the chairperson of the board, the chairperson of the
committee, a member of the board or of a committee or authorised person
are taken to be evidence of the signature they purport to be. The intention
of this clause is to save time in potential legal proceedings by not having to
prove these matters.
Clause 157 specifies those documents and the contents of the documents
that are considered to be evidence. The intention of these clauses is to
facilitate and save time in court proceedings by not having to prove certain
things.
Division 2--Proceedings
Clause 158 provides that in relation to offences created under this Act,
those offences are to be dealt with summarily under The Justices Act 1886.
Subclause 158(2) specifies the timeframe within which proceedings for the
summary offences against this Act must start. Subclause 158(3) sets out
that an exception to the method of proceedings under the Justices Act 1886
is an offence against clause 10. A person is to be prosecuted for the offence
of operating a school without accreditation or provisional accreditation
only on a complaint by the Minister.
Clause 159 provides that, in any proceeding for an offence against this
Act relating to false or misleading information or documents it is sufficient
for the charge to state that the information or document was `false or
misleading'.
PART 5--REGISTER
Clause 160 requires the board to maintain a current register about
accredited schools, that contains at least the information specified in
subclause 160(3). There is nothing to prevent the board from recording
other information about accredited schools. With the exception of the
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information specified in subclause 160(3), the manner of keeping the
register is to be determined by the board.
Clause 161 requires the board to allow the public to inspect the register
free of charge and, upon payment of the prescribed fee, to obtain a copy of
the register or part of it. This is consistent with the status of the register as
a public document.
CHAPTER 6--MISCELLANEOUS
Clause 162 requires that the governing body of either a provisionally
accredited school in operation, or an accredited school, supply to the board
survey data relating to the day prescribed under a regulation. The survey
data must be supplied in the form prescribed by the board, within 7 days
after the prescribed day. The term `school survey data' is defined in the
Dictionary in Schedule 3 (located at the end of the Act). This data will
include information about the number and attributes of students as well as
other information about the operation of the school.
The purpose of this clause is to require schools to give information that
is used to calculate Government payments to the school and any other
information reasonably required by the board to perform its functions.
Clause 163 requires the governing body of either a provisionally
accredited school in operation, or an accredited school, to notify the board
of the happening of the following events within 14 days of those events
occurring:
the closure of the school;
�
the school stops offering a year of schooling for which it is
�
provisionally accredited or accredited;
the governing body is affected by control action under the
�
Corporations Law (subclause 163(3) defines what is meant by
the term "affected by control action under the Corporations
Law");
a Government-funded school begins to be operated for profit;
�
any other change in the governing body's or school's
�
circumstances prescribed under a regulation.
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Subclause 163(2) makes it an offence to fail to comply with these
requirements.
Clause 164 requires disclosure to the board of an application for a
suitability notice issued under the Commission for Children and Young
People Act 2000 in two circumstances:
where an application for provisional accreditation or
1.
accreditation has yet to be decided and a director of the school's
governing body applies for a suitability notice
where an application for a change in the school's governing body
2.
has yet to be decided and a director of the school's governing
body applies for a suitability notice.
In both these circumstances, notification must be made within 7 days of
making application for the suitability notice.
Clause 165 creates offences relating to non-disclosure of criminal
history. The circumstances in which the offences occur are where:
a person with a criminal history who becomes a director of the
�
governing body of a provisionally accredited or accredited
school is required to give the board a notice stating the name,
address and date of birth of the person and details of any
indictable offence included in the criminal history, within 7 days
of that person becoming a an executive officer of the governing
body
a director of a provisionally accredited or accredited school is
�
convicted of an indictable offence, the executive officer must
within 7 days of the conviction give the board a notice stating the
details of the indictable offence
a director of the school's governing body is convicted of an
�
indictable offence during the period between an application to
the board for the provisional accreditation or accreditation of a
school and the decision on that application. In this circumstance,
the executive officer must within 7 days of the conviction, give
the board a notice stating details of the indictable offence.
a director of the school's governing body is convicted of an
�
indictable offence during the period between an application to
the board for a change in the governing body of a provisionally
accredited or accredited school and when the application is
decided. In this circumstance, the executive officer must within 7
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days of the conviction, give the board a notice stating details of
the indictable offence.
Clause 166 provides that the persons specified in subclause 166(3) who
have a role in the administration of this Act are not civilly liable for an act
or omission, made honestly and without negligence under this Act.
Instead, such liability attaches to the board. The protected officials are the
Minister, a member of the board or a committee of the board, and an
authorised person (that is assessors and auditors).
Clause 167 enables the board to publish information that identifies, or is
likely to identify a school if the board honestly believes on reasonable
grounds that that school is being operated without accreditation or
provisional accreditation. The board is not liable civilly or criminally or
under an administrative process for giving this information. Subclause
167(3) specifically provides that in a proceeding for defamation the board
has a defence of absolute privilege for publishing the information. This
subclause also provides that if the board would otherwise be required to
maintain confidentiality about the published information under an Act,
oath, rule of law or practice, the board does not contravene the Act, oath,
and rule of law or practice by publishing the information.
Clause 168 makes it an offence for a person to give the board
information, or a document containing information, that the person knows
is false or misleading. This would cover the situation where, for example, a
person makes a false complaint to the board about a person contravening
this Act but also if an applicant for accreditation knowingly gives
misleading information. Subclause 168(3) specifies the circumstances
under which a person does not commit an offence under subclause 168(2).
Clause 169 makes it an offence for persons specified under subclause
169(1) to disclose protected information obtained in the course of
administering this Act. Protected information is information that would be
likely to adversely affect the commercial interest of a person, is about a
child or identifies a child, or is about a person's criminal history. However
the clause allows disclosure under the clearly defined circumstances set out
in subclause 169(3).
In this section, "person" refers to a corporation as well as an individual,
and should be read in light of section 32D of the Acts Interpretation Act
1954.
Clause 170 makes it an offence to hold out a school as being accredited
or provisionally accredited if the school is not so accredited. The objective
of this clause is to protect members of the community by ensuring that an
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institution can not claim to be an accredited or provisionally accredited
school without meeting the standards specified in the accreditation criteria
contained in this Act.
Clause 171 empowers the Minister to vest his or her powers under this
Act to another person possessing the qualifications, experience or standing
appropriate to exercise the power. This power might be exercised when the
Minister is indisposed.
Clause 172 provides for the board to approve forms used under this Act.
Clause 173 provides for the Governor-in-Council to make regulations to
give effect to this Act.
CHAPTER 7--TRANSITIONAL PROVISIONS
PART 1--PRELIMINARY
Clause 174 provides definitions for `commencement' and `General
Provisions Act'.
PART 2--NON-STATE SCHOOLS UNDER GENERAL
PROVISIONS ACT
Clause 175 provides that where an operating school is classified as a
non-State school under the General Provisions Act, the school is taken to
be accredited under this Act. The school will be accredited for the same
type of education and same attributes of accreditation, as mentioned in
clause 16(3) that correspond to the education the school was allowed to
offer immediately prior to commencement of this Act. Any conditions
applying to the school mentioned in section 2A (4) of the General
Provisions Act will also become attributes of accreditation upon the
school's accreditation.
Clause 176 provides that where a non-operating school immediately
prior to commencement of this Act was a non-State school under the
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General Provisions Act, the school is taken to be provisionally accredited
under this Act. The school will be provisionally accredited for the same
type of education and same attributes of provisional accreditation, as
mentioned in clause 16(3)that correspond to the education the school was
allowed to offer immediately prior to commencement of this Act. Any
conditions applying to the school mentioned in section 2A (4) of the
General Provisions Act will also become attributes of provisional
accreditation upon the school's provisional accreditation.
Clause 177 provides that where an operating school has made an
application for non-State school status under section 2(2) of the General
Provisions Act, and the application has not been decided before
commencement of this Act, the application is to continue to be decided by
the Minister under section 2(2) of the General Provisions Act. If the
Minister decides to grant the application, the school is taken to be
accredited in the same manner as specified in clause 175.
Clause 178 provides that where an operating school has been refused an
application for non-State school status under section 2(2) of the General
Provisions Act, and the school has made a submission in relation to the
decision to refuse the application under guideline 2.4 of the guidelines
mentioned in section 2(2) of the General Provisions Act prior to
commencement of this Act, consideration of the submission by the
Minister is to continue under the General Provisions Act. If the Minister
decides to grant the application, the school is taken to be accredited in the
same manner as specified in clause 175.
Clause 179 provides that where an non-operating school has made
application for non-State school status under section 2(2) of the General
Provisions Act, and the application has not been decided before the
commencement of this Act, the application is to continue to be decided by
the Minister under section 2(2) of the General Provisions Act. If the
Minister decides to grant the application, the school is taken to be
provisionally accredited in the same manner as specified in clause 176.
Clause 180 provides that where a non-operating school's application for
non-State school status has been refused under section 2(2) of the General
Provisions Act, and the school has made a submission in relation to the
decision to refuse the application under guideline 2.4 of the guidelines
mentioned in section 2(2) of the General Provisions Act prior to
commencement of this Act, consideration of the submission by the
Minister is to continue under the General Provisions Act. If the Minister
decides to grant the application, the school is taken to be provisionally
accredited in the same manner as specified in clause 176.
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Clause 181 provides that, for a school that is accredited or provisionally
accredited under the transitional provisions of this Act, the governing body
of the school will not necessarily have to be a corporation for a period of
two years. This clause is intended to give such schools time to arrange their
governance structures to comply with a requirement of this Act, that is, that
the governing body of a school be incorporated. Incorporation of the
governing body had not previously been a requirement to gain approval to
operate a non-State school in Queensland. This clause is not intended to
allow governing bodies of non-State schools to become a incorporation,
cease to be an incorporation, and then become again an incorporation
within the two year period.
PART 3 -SCHOOLS IN RECEIPT OF SUBSIDY UNDER
GENERAL PROVISIONS ACT
Clause 182 provides that where a school is classified as a school in
receipt of subsidy, or provisionally a school in receipt of subsidy, under the
General Provisions Act, the school's governing body is taken to be eligible
for Government funding under this Act. This applies to the same aspects of
the operation of the school as the school was classified as a school in
receipt of subsidy or provisionally a school in receipt of subsidy under the
General Provisions Act. Additionally, the school's governing body will be
eligible for Government funding for all year levels within a sector of
schooling in which the school, at the time of commencement, was
classified as a school in receipt of subsidy, or provisionally a school in
receipt of subsidy, for at least one year. A school operated for profit cannot
be eligible for Government funding under this Act. Therefore, this clause
provides for a 6 month period in which a school's governing body can
reconstitute itself on a not for profit basis, if the governing body is not so
constituted. Within these 6 months, the school will still be able to be
classified as eligible for Government funding.
Clause 183 provides that where a school has made an application for
categorisation as a school in receipt of subsidy under section 141 of the
General Provisions Act and the application has not been decided before
commencement of this Act, the application is to continue to be decide by
the Minister under the General Provisions Act. If the Minister decides to
grant the application, the school is taken to be eligible for Government
funding in the same manner as specified in clause 182.
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PART 4--SCHOOLS ALLOWED TO OFFER YEARS 1 TO
3 OF SCHOOLING, BUT NOT PRESCHOOL YEAR OF
SCHOOLING
Clause 184 specifies particular schools to which the following clauses
will apply. These are schools which are accredited under the transitional
provisions for at least the primary years of schooling of 1 to 3, are eligible
for Government funding for years 1 to 3, are not at the time of
commencement allowed to offer the preschool year, and apply before the
end of 2009 to be able to offer the preschool year.
Clause 185 provides that the applications mentioned in clause 184 are
not sent to the committee or Minister to be considered for eligibility for
Government funding, and that the board has 6 months to decide the
application.
Clause 186 provides that if an application mentioned in clause 184 is
granted, the school's governing body must notify the board within 14 days
of the first day that the education of preschool students takes place at the
school, that the school has started to educate preschool students.
Clause 187 provides for the board to conduct an assessment of the
preschool year of school to decide whether the accreditation criteria are
being complied with. The first assessment must be conducted in the first
year of operation of the preschool year, and a maximum of 2 assessments
can be conducted by the board under this clause.
Clause 188 provides for an assessor to visit the school to produce a
written report as to whether the school is complying with the accreditation
criteria.
PART 5--SCHOOLS THAT ARE NON-STATE SCHOOLS
UNDER GENERAL PROVISIONS ACT
Clause 189 refers to schools that have not been granted, and have not
applied for, non-State school status under the General Provisions Act. This
clause is designed to refer to schools that have been operating outside of
the regulatory framework which operated in Queensland prior to the
commencement of this Act. Such schools will be deemed not to be
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operating illegally for six months, or if an application for accreditation is
lodged with the board, until the application is finally determined, including
during the time for any reviews of the decision to be finalised. If the school
is provisionally accredited, the school will not be considered to be
operating illegally before its student-intake day. If the board decides to
provisionally accredit the school, the board will also determine the
provisional accreditation period that will apply to the school. The school
will only be able to be assessed to determine if its operation complies with
the accreditation criteria 6 months before the end of the school's
provisional accreditation period.
PART 6--SCHOOLS WITH PLANNING APPROVAL
UNDER GENERAL PROVISIONS ACT
Division 1--School not a non-State school under General Provisions Act
Clause 190 refers to particular schools to which the following clause
applies. These are schools which, immediately before the commencement
of this Act, were not classified as non-State schools or schools in receipt of
subsidy under the General Provisions Act, but were schools with a current
planning approval under the General Provisions Act.
Clause 191 provides that, if a school specified in clause 190 applies for
accreditation within 3 years of commencement of the Act, and the
application for accreditation corresponds in all of the attributes that are
mentioned in clause 16(3) of this Act, to the attributes of the grant of
planning approval, as well as to any other conditions that the planning
approval may have been subject to, then the governing body of the school
will be deemed to be eligible for Government funding for these attributes
of the school. The board will have 6 months to decide the application for
accreditation.
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Division 2--School is a non-State school under General Provisions Act
and has planning approval to change aspect of school other than type of
education.
Clause 192 specifies particular schools to which the following clauses
apply. These are schools which, immediately before the commencement of
this Act, were non-State schools under the General Provisions Act, and
were schools with a current planning approval to change an aspect of the
school, other than type of education, under the Education (General
Provisions) Act 1989.
Clause 193 refers to a school specified in clause 192 that is provisionally
accredited in accordance with clause 176. If the school wants to proceed
with the change approved under the General Provisions Act, the school
must apply to the board to change its attributes of provisional accreditation.
The application to change an attribute of provisional accreditation must be
made to the board within 6 months of commencement of this Act, and must
correspond in all attributes, including any conditions imposed, to the
change approved under the General Provisions Act, if the school's
governing body is to be automatically deemed eligible for Government
funding for the change.
Clause 194 refers to a school specified in clause 192 that is accredited in
accordance with clause 175. If the school wants to proceed with the change
approved under the General Provisions Act, the school must apply to the
board to change its attributes of accreditation. The application to change an
attribute of accreditation must be made to the board within 6 months of
commencement of this Act, and must correspond in all attributes, including
any conditions imposed, to the change approved under the General
Provisions Act, if the school's governing body is to be automatically
deemed eligible for Government funding for the change.
Division 3--School is a non-State school under General provisions Act
and has planning approval to change type of education
Clause 195 specifies particular schools to which the following clause
applies. These are schools which, immediately before the commencement
of this Act, were non-State schools under the General Provisions Act, and
were schools with a current planning approval to change the type of
education offered at the school, under the General Provisions Act
Clause 196 refers to a school specified in clause 195. If the school wants
to proceed with the change to type of education approved under the
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General Provisions Act, the school must apply to the board for
accreditation of the new type of education. The application for
accreditation must be made to the board within 6 months of
commencement of this Act, and must correspond in all attributes, including
any conditions imposed, to the change approved under the General
Provisions Act, if the school's governing body is to be automatically
deemed eligible for Government funding for the new type of education
offered by the school.
PART 7--SCHOOLS FOR WHICH APPLICATION
MADE FOR PLANNING APPROVAL UNDER GENERAL
PROVISIONS ACT
Division 1--School is not a non-State school under General Provisions
Act
Clause 197 provides that where a school, which is not a non-State
school, or a school in receipt of subsidy, under the General Provisions Act,
has made an application before the commencement of this Act for planning
approval under the General Provisions Act and the application has yet to be
decided, the application is to be continued to be decided by the Minister
under the General Provisions Act.
Clause 198 provides that if the Minister issues a planning approval for a
school in accordance with clause 197 and the school's governing body
applies for accreditation of the school within three years of commencement
of this Act, and the application for accreditation corresponds in all
attributes, including any conditions imposed, to the grant of planning
approval under the General Provisions Act, then the school will be
automatically deemed eligible for government funding for the same
attributes, subject to the same conditions.
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Division 2--School is a non-State school under General provisions Act
and has applied for planning approval to change aspect of school, other
than type of education
Clause 199 provides that where a school, that is a non-State school, but
not a school in receipt of subsidy, under the General Provisions Act, has
made an application before the commencement of this Act for planning
approval to change an aspect of the school other than type of education
under the General Provisions Act and the application has yet to be decided,
the application is to be continued to be decided by the Minister under the
General Provisions Act.
Clause 200 refers to where a school is issued a planning approval in
accordance with clause 199, and the school is taken to be provisionally
accredited in accordance with clause 176. If the school wants to proceed
with the change specified in the planning approval, the school must apply
to the board to change its attributes of provisional accreditation. The
application to change attributes of provisional accreditation must be made
to the board within 6 months of commencement of this Act, and must
correspond in all attributes, including any conditions imposed, to the
change approved under the General Provisions Act, if the school's
governing body is to be automatically deemed eligible for Government
funding for the change.
Clause 201 refers to where a school is issued a planning approval in
accordance with clause 199, and the school is taken to be accredited in
accordance with clause 175. If the school wants to proceed with the change
specified in the planning approval, the school must apply to the board to
change its attributes of accreditation. The application to changes attributes
of accreditation must be made to the board within 6 months of
commencement of this Act, and must correspond in all attributes, including
any conditions imposed, to the change approved under the General
Provisions Act, if the school's governing body is to be automatically
deemed eligible for Government funding for the change.
Division 3--School is a non-State school under General Provisions Act
and has applied for planning approval to change type of education.
Clause 202 provides that where a school, which is a non-State school,
but not a school in receipt of subsidy, under the General Provisions Act, has
made an application before the commencement of this Act for planning
approval to change the type of education under the General Provisions Act
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and the application has yet to be decided, the application is to be continued
to be decided by the Minister under the General Provisions Act.
Clause 203 refers to where a school is issued a planning approval in
accordance with clause 202. If the school wants to proceed with the change
of type of education specified in the planning approval, the school must
apply to the board for accreditation of the new type of education. The
application for accreditation of the new type of education must be made to
the board within 6 months of commencement of this Act, and must
correspond in all attributes, including any conditions imposed, to the
change approved in the grant of planning approval, if the school's
governing body is to be automatically deemed eligible for Government
funding for the new type of education.
PART 8--REVIEW OF PLANNING APPROVAL
DECISIONS
Division 1--Preliminary
Clause 204 provides a definition for `planning approval decision.'
Division 2--School is not a non-State school under General Provisions
Act
Clause 205 provides that where a school, which is not a non-State
school, or a school in receipt of subsidy, under the General Provisions Act,
has made an application before the commencement of this Act under the
planning guidelines under the General Provisions Act for a review of a
planning approval decision, the application for review is to be continued to
be decided by the Minister under the General Provisions Act.
Clause 206 provides that if a planning approval is granted in accordance
with clause 205 and the school's governing body applies for accreditation
of the school within three years of commencement of this Act, and the
application for accreditation corresponds in all attributes, including any
conditions imposed, to the grant of planning approval, then the school will
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be automatically deemed eligible for government funding for the same
attributes, subject to the same conditions.
Division 3--School is a non-State school under General Provisions Act
and obtains planning approval to change aspect of school, other than
type of education
Clause 207 provides that where a school, which is a non-State school
under the General Provisions Act, has made an application before the
commencement of this Act, under the planning guidelines under the
General Provisions Act, for a review of a planning approval decision, and
the planning approval decision was about a change to an aspect of the
school other than type of education, the application for review is to be
continued to be decided by the Minister under the General Provisions Act.
Clause 208 refers to a school that is granted planning approval in
accordance with clause 207. If the school wants to proceed with the change
approved under the General Provisions Act, the school must apply to the
board to change its attributes of accreditation. The application to changes
attributes of accreditation must be made to the board within 6 months of
commencement of this Act if the school's governing body is to be
automatically deemed eligible for Government funding for the change. If
the planning approval is subject to conditions, then the conditions will also
apply if provisional accreditation or accreditation is subsequently granted
to the school.
Division 4--School is a non-State school under General Provisions Act
and seeks planning approval to change type of education
Clause 209 provides that where a school, that is a non-State school under
the General Provisions Act, has made an application before the
commencement of this Act, under the planning guidelines under the
General Provisions Act, for a review of a planning approval decision, and
the planning approval decision was about a change to the type of education
offered by the school, the application for review is to be continued to be
decided by the Minister under the General Provisions Act.
Clause 210 refers to a school that is granted planning approval in
accordance with clause 209. If the school wants to proceed with the change
of type of education approved under the General Provisions Act, the school
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must apply to the board for accreditation of the new type of education. The
application for accreditation of the new type of education must be made to
the board within 6 months of commencement of this Act if the school's
governing body is to be automatically deemed eligible for Government
funding for the new type of education. If the planning approval is subject to
conditions, then the conditions will also apply if provisional accreditation
or accreditation is subsequently granted to the school.
PART 9--CHANGE OF DETAILS OF NON-STATE
SCHOOL STATUS OF SCHOOL UNDER GENERAL
PROVISIONS ACT
Clause 211 provides that if an application was made, before the
commencement of this Act, under guideline 1.4 of the guidelines
mentioned in section 2(2) of the General Provisions Act, for a change in the
details of the non-State school status of a school, the application for a
change in details is to be continued to be decided by the Minister under the
General Provisions Act.
Clause 212 provides that if a school is granted a change in details to its
non-State school status in accordance with clause 211, and is granted
provisional accreditation in accordance with clause 176, then attributes
applying to the provisional accreditation of the school are taken to be
changed to accord with the changed details of the school's non-State school
status.
Clause 213 provides that if a school is granted a change in details to its
non-State school status in accordance with clause 211, and is granted
accreditation in accordance with clause 175, then attributes applying to the
accreditation of the school are taken to be changed to accord with the
changed details of the school's non-State school status.
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CHAPTER 8--AMENDMENTS OF ACTS
Clause 214 provides that Schedule 1 amends the Acts mentioned in it.
The majority of these changes are to reflect the change to the meaning of
the term "non-State school" and omitting sections governing the current
regime.
Clause 215 provides that Schedule 2 amends the Acts mentioned in it.
SCHEDULE 1
CONSEQUENTIAL AMENDMENTS OF ACTS
ANTI-DISCRIMINATION ACT 1991
1 amendment of section 4 omits the definition of "non-State school" and
inserts a definition that non-State school means a school accredited or
provisionally accredited under the Bill.
CHILD CARE ACT 1991
1 amendment of section 3 changes the definition of "child care" to add
that the education of a child at a school that also provides primary
education, in the year immediately before year 1, does not come under
the meaning of "child care". This amendment has the effect of
ensuring that a preschool attached to a State or provisionally
accredited or accredited non-State school is not captured by the
requirements of the Child Care Act 1991, whereas a preschool which
is not attached to such a school is captured.
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COMMISSION FOR CHILDREN AND YOUNG PEOPLE
ACT 2000
1 amendment of Schedule 4 omits the definition of "school" and inserts
a new definition, defining school as either a State school within the
meaning of the Education (General Provisions) Act 1989, or a school
accredited or provisionally accredited under this Bill.
EDUCATION (CAPITAL ASSISTANCE) ACT 1993
1 amendment of section 3 omits the definition of non-State school and
inserts a definition that non-State school means a school accredited or
provisionally accredited under this Bill.
EDUCATION (GENERAL PROVISIONS) ACT 1989
1 amendment to section 2(1)--omits definitions relating to the current
planning approval processes, as well as the definition of non-State
school.
2 amendment to section 2(1)--inserts definitions of "board" and "non-
State school".
3 amendment to section 2(2) and 2A--omits those sections relating to
the Minister's decisions to grant non-State school status, which is
being completely superseded by this Bill.
4 amendment to section 117 heading--omits the heading "Enrolment at
School of Distance Education etc" and inserts "Distance education".
This change makes it clear that students can be enrolled either at a
State school of distance education or a non-State school of distance
education.
5 amendment to section 117 (1) and 118(3)(b)(iii)--omits the words
"the School of Distance Education or any other" and inserts in its
place "a non-State school that is accredited to provide distance
education or a". The effect of this change is to enable parents of
students who come under the distance criteria in section 115 to be able
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Education (Accreditation of Non-State Schools) Bill
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to chose to enrol their child in either a State school of distance
education or a non-State school of distance education.
6 amendment to Part 8A--omits Part 8A, being the part relating to
planning approval guidelines and processes. These processes are
completely superseded by this Bill.
Inserted in its place is "Schools in Receipt of Subsidy" which
becomes the new heading for Part 8A. An accountability scheme
related to allowances paid by the Minister to a non-State school is then
established.
7 amendment to section 141(1)(b)--omits the section allowing the
Minister to categorise a school as a school in receipt of subsidy and
instead inserts a new section 141(1)(b) which deems an operating non-
State school eligible for Government funding under this Bill as a
school in receipt of subsidy. The effect of this amendment is that once
a school has been classified as a school that is eligibility for
Government funding, no further decision will be required for the
Minister to pay allowances to that school under section 141 or the
Education (Capital Assistance) Act 1993.
8 amendment to section 141(3) to (5)--omits these sections and inserts
instead a section allowing the Minister to pay allowances, pursuant to
section (2)(b) on reasonable conditions the Minister considers
appropriate. This replaces the Minister's current ability to categorise a
school as a school in receipt of subsidy on such terms and conditions
as the Minister considers necessary or desirable.
9 amendments to section 141(6)--renumbers section 414(6) as section
141(4).
10 amendments to section 141, as amended by this Act--relocates what
was section 141 to part 8A and renumbers the section as 134A.
11 amendments to section 142, `141'--amends the reference to section
141 in section 142 to read section 134A.
12 amendments to section 143--omits from the heading the term "non-
State schools" and replaces it with "places"
13 amendments to section 143(1)(a) and (2)(a)--omits references to non-
State school. The powers of the Minister to investigate complaints
relating to non-State school have now been given to the board under
this Bill.
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14 amendments to section 143(1)(d), `non-State school,'--omits a
reference to non-State schools in this section. The powers of the
Minister to investigate complaints relating to non-State school have
now been given to the board under this Bill.
15 amendments to section 143(3), from `the principal' to `(2)(a),'--omits
a reference to section 143 (2)(a) which has been omitted above.
EDUCATION (SENIOR SECONDARY SCHOOL
STUDIES) ACT 1988
1 amendment to section 4--omits the definition of non-State school and
inserts a definition that non-State school means a school accredited or
provisionally accredited under this Bill.
EDUCATION (TEACHER REGISTRATION) ACT 1988
1 amendment to section 3--omits the definition of non-State school and
inserts a definition that non-State school means a school accredited or
provisionally accredited under this Bill.
EDUCATION (TERTIARY ENTRANCE PROCEDURES
AUTHORITY) ACT 1990
1 amendment to section 4--omits the definition of non-State school and
inserts a definition that non-State school means a school accredited or
provisionally accredited under this Bill.
EDUCATION (WORK EXPERIENCE) ACT 1996
1 amendment to schedule--omits the definition of non-State school and
inserts a definition that non-State school means a school accredited or
provisionally accredited under this Bill.
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WORKCOVER QUEENSLAND ACT 1996
1 amendment to section 24(4)--omits the definition of non-State school
and inserts a definition that non-State school means a school
accredited or provisionally accredited under this Bill.
SCHEDULE 2
OTHER AMENDMENTS OF ACTS
EDUCATION (GENERAL PROVISIONS) ACT 1989
1 amendment to section 115(2)(a)(i)--inserts "or" between subsections
115(2)(a)(i) and 115(2)(a)(ii) to make it clear that both subsections
refer to different types of dispensations.
2 Amendment to section 141(1)--inserts "or" between subsections
141(1)(a) and 141(1)(b).
EDUCATION (TEACHER REGISTRATION) ACT 1988
1 amendment to section Education (Teacher Registration) Act
1988--Amendment to section 44A(5) recognises that the offence of
`sexual assault" in the Criminal Code is now prescribed under section
352 of the act. Formerly, the offence was prescribed under section
337. This amendment therefore adopts that change and has the effect
of continuing to deem that a "sexual allegation" includes the offence
of sexual assault, now prescribed by section 352 of the Criminal Code.
2 Amendment to Part 8, division 2 heading omits the heading to the
division.
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EDUCATION (WORK EXPERIENCE) ACT 1996
1 Amendment to section 9(2) omits the monetary figure ($5 000 000)
representing the maximum amount payable under the contract of
insurance for a claim or injury or damage arising out of work
experience and replaces that figure with $10 000 000.
SCHEDULE 3
DICTIONARY
Schedule 3 sets out the dictionary for terms used in this Act.
� State of Queensland 2001