EDUCATION (ACCREDITATION OF NON-STATE SCHOOLS) ACT 2001

Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

EDUCATION (ACCREDITATION OF NON-STATE SCHOOLS) ACT 2001

- As at 1 January 2017
- Act 60 of 2001

TABLE OF PROVISIONS

Long Title

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

1. Short title
2. Commencement

PART 2 - OBJECTS

3. Objects of Act

PART 3 - INTERPRETATION

4. Dictionary
5. Meaning of school
6. Meaning of non-State school
7. School not operated for profit
7A. Meaning of prohibited arrangement
7AA. Meaning of director
8. Application of provisions

CHAPTER 2 - ACCREDITATION OF SCHOOLS

PART 1 - ACCREDITATION CRITERIA

9. Prescribing accreditation criteria

PART 2 - ACCREDITATIONS

Division 1 - Preliminary

10. Offence of operating a school without accreditation or provisional accreditation
11. Governing body of provisionally accredited, or accredited, school
12. Type of education
12A. Provisional accreditation, or accreditation, is for 1 type of education
13. Mode of delivery of education
13A. Special assistance
14. Duplicate application prohibited
15. Application of Working with Children Act, ch 8

Division 2 - Applications for accreditation

Subdivision 1 - Applications

16. Procedural requirements for application
17. If applicant seeks Government funding for the school
17A. Further information or documents
17B. Board not satisfied about particular matter

Subdivision 2 - Provisional accreditation of schools

18. Decision to provisionally accredit school
19. Decision to refuse to provisionally accredit school
20. If applicant seeks Government funding for the school
21. Failure to decide to provisionally accredit school
22. Further time to make decision
23. Form of certificate of provisional accreditation
24. Provisional accreditation period
25. Operation of provisionally accredited school before its student-intake day

Subdivision 3 - Decision on applications

26. Further information or documents to support application for accreditation
27. Decision
28. Steps to be taken after application decided
29. Failure to decide application during school’s provisional accreditation period
30. Further consideration of application
31. Return of certificate of provisional accreditation to board

Subdivision 4 - Assessment of schools

32. Initial assessment of school
33. Report by assessor
34. Further assessment of school

Subdivision 5 - Certificates of accreditation

35. Form of certificate of accreditation

Division 3 - Additional assessment of certain schools

Subdivision 1 - Assessment when school first starts to operate within a sector of schooling

36. Application of sdiv 1
37. Assessment of school
38. Report by assessor

Subdivision 2 - Assessment when school starts to operate within a sector of schooling at new site

38A. Application of sdiv 2
38B. Assessment of school
38C. Report by assessor

Subdivision 3 - Assessment of special assistance school using temporary site

38D. Application of sdiv 3
38E. Assessment of school
38F. Report by assessor

Division 4 - Investigation of suitability of school’s governing body

39. Suitability of governing body
40. Investigation
41. Criminal history reports for investigation
41A. Report by assessor

Division 5 - Periodic demonstration of compliance with accreditation criteria

42. Demonstration of compliance

PART 3 - CHANGES IN PROVISIONAL ACCREDITATION PERIOD, ATTRIBUTES OF PROVISIONAL ACCREDITATION OR ATTRIBUTES OF ACCREDITATION

Division 1 - Changes in provisional accreditation period

43. Application
44. Further information or documents to support application
45. Failure to decide application
46. Decision about application
47. Change in school’s provisional accreditation period
48. Change in school’s student-intake day

Division 2 - Changes in attributes of provisional accreditation on application by school’s governing body

49. Application to change attribute of provisional accreditation
50. If applicant is eligible for Government funding for aspect of operation of school
51. Further information or documents to support application
52. Decision of board
52A. Deemed eligibility for Government funding
53. Failure to decide application
54. Consideration by committee of effect on eligibility for Government funding for school
55. Decision of Minister
56. Recording change of attribute of provisional accreditation
57. Failure to effect change of attribute of provisional accreditation before change day
58. Effect of change on application for accreditation

Division 2A - Other changes in attributes of provisional accreditation

58A. Notice about change in attribute of provisional accreditation
58B. Representations about show cause notice
58C. Ending show cause process without further action
58D. Changing attribute of provisional accreditation
58E. Return of certificate of provisional accreditation to board
58F. Effect of change on application for accreditation

Division 3 - Changes in attributes of accreditation

59. Application of divs 2 and 2A
60. Establishment phase school not starting to operate on sector student-intake day

PART 3A - SPECIAL ASSISTANCE SCHOOLS—USE OF TEMPORARY SITES

60A. Purpose of pt 3A
60B. Definitions for pt 3A
60C. Compliance with temporary site criteria
60D. Notification of intention to use, or stop using, temporary site
60E. Use of temporary site is not a change in attribute etc.

PART 4 - CANCELLATION AND SURRENDER OF ACCREDITATIONS OR PROVISIONAL ACCREDITATIONS

Division 1 - Giving of compliance notices

61. Compliance notice
62. Report by assessor

Division 2 - Cancellation of accreditations

63. Grounds for cancellation
64. Show cause notice
65. Representations about show cause notice
66. Ending show cause process without further action
67. Cancellation
68. Return of cancelled certificate of accreditation to board

Division 3 - Cancellation of provisional accreditations

69. Application of div 2
70. Grounds for cancellation

Division 4 - Surrender of accreditations or provisional accreditations

70A. Surrender

Division 5 - Grammar schools

70B. Notice to Minister about action taken in relation to a grammar school

CHAPTER 3 - GOVERNMENT FUNDING

PART 1 - MINISTERIAL RESPONSIBILITY, AND RESTRICTIONS ON APPLICATIONS, FOR GOVERNMENT FUNDING

71. Minister responsible for deciding eligibility for Government funding
72. Restrictions on application for Government funding for school

PART 2 - APPLICATIONS FOR GOVERNMENT FUNDING

Division 1 - Application for accredited school

73. Application for Government funding for accredited school
73A. Further information or documents
73B. Report by assessor
73C. Board not satisfied about particular matter

Division 2 - Application for school not yet in operation

74. Application for Government funding for school not yet in operation

PART 3 - PUBLIC NOTIFICATION OF APPLICATIONS

Division 1 - Preliminary

75. Application of pt 3

Division 2 - Public notification requirements

76. Public notification
77. Required content of catchment area notice
78. Notice of compliance or noncompliance with notice requirements

Division 3 - Submissions

79. Right to make submission
80. Acceptance of submissions
81. Response to submissions

Division 4 - Public access to applications

82. Inspection of application
83. Obtaining a copy of application

Division 5 - Noncompliance with notice requirements

84. Substantial compliance with notice requirements may be accepted

PART 4 - RECOMMENDATIONS BY COMMITTEE ABOUT APPLICATIONS FOR GOVERNMENT FUNDING

85. Recommendation by committee about application
86. Likely impact of establishment of school on other schools or State schools
87. Further information or documents to support application

PART 5 - DECISION OF MINISTER

88. Decision on application
89. Further information or documents to support application
90. Failure to decide application
91. Further consideration of application

PART 5A - RESTRICTION ON TYPE OF CORPORATION

91A. Restriction on type of corporation that may be eligible for Government funding for a school

PART 6 - WITHDRAWAL OF ELIGIBILITY FOR GOVERNMENT FUNDING

Division 1 - Preliminary

92. Application of pt 6

Division 2 - Withdrawal after show cause process

93. Grounds for withdrawal
94. Show cause notice
95. Representations about show cause notice
96. Ending show cause process without further action
97. Recommendation by board
98. Decision of Minister
98A. Report by assessor

Division 3 - Automatic withdrawal

99. Effect of cancellation of provisional accreditation or accreditation
99A. Effect of change of particular attributes
100. Effect of decision to refuse to provisionally accredit, or accredit, school

CHAPTER 4 - REVIEWS OF DECISIONS

101. Who may apply for review
102. Applying for review
103. Review decision about board’s decision
104. Review decision about Minister’s decision

CHAPTER 5 - ADMINISTRATION

PART 1 - NON-STATE SCHOOLS ACCREDITATION BOARD

Division 1 - Establishment and functions

105. Establishment of board
106. Functions of board
107. Minister may refer accreditation matter to board
108. Minister’s power to give directions in the public interest

Division 2 - Membership

109. Membership of board
110. Nominee of AISQ or QCEC
111. Term of appointment
112. Deputy chairperson of board
113. Disqualification from membership
114. Discretion if member convicted of indictable offence
114A. Minister’s power to obtain criminal history
114B. Criminal history is confidential
114C. Changes in criminal history must be disclosed
115. Vacation of office
116. When notice of resignation takes effect
117. Remuneration of a member

Division 3 - Board business

118. Conduct of business
119. Times and places of meetings
120. Quorum
121. Presiding at meetings
122. Attendance by proxy
123. Conduct of meetings
124. Minutes
125. Disclosure of interest

Division 4 - Board committees

126. Committees

Division 5 - Administrative support of board and its committees

127. Administrative support

Division 6 - Other provisions about the board

128. Board is statutory body under the Financial Accountability Act 2009
129. Board is statutory body under the Statutory Bodies Financial Arrangements Act 1982
130. Budget
131. Compliance with approved budget
132. Guidelines

PART 2 - NON-STATE SCHOOLS ELIGIBILITY FOR GOVERNMENT FUNDING COMMITTEE

133. Establishment of committee
134. Functions of committee
135. Membership of committee
136. Participation of board’s chairperson in committee’s meetings
137. Certain nominee committee members
138. Remuneration of a committee member
139. Disclosure of interests by committee members

PART 3 - AUTHORISED PERSONS

Division 1 - Preliminary

140. Application of Working with Children Act, ch 8

Division 2 - Functions and powers of authorised persons

141. Functions of assessor
142. Function of auditor
143. Powers of authorised person

Division 3 - Appointment of authorised persons and other matters

144. Appointment
145. Suitability of proposed authorised person
146. Appointment conditions
147. Identity card
148. Failure to return identity card
149. Production or display of authorised person’s identity card

Division 4 - Powers of assessors

150. Purpose of div 4
151. Entry of school premises by assessor
152. Notice of entry
153. General powers after entering premises

Division 5 - Powers of auditors

154. Entry of school premises by auditor
155. Notice of entry
156. General powers after entering premises

Division 6 - General enforcement matters

157. Impersonation of authorised person

PART 4 - LEGAL PROCEEDINGS

Division 1 - Evidence

158. Application of div 1
159. Appointments and authority
160. Signatures
161. Evidentiary provisions

Division 2 - Proceedings

162. Summary proceedings for offences
163. Allegations of false or misleading information or documents

PART 5 - REGISTER

164. Register to be kept
165. Inspection of register

CHAPTER 6 - MISCELLANEOUS

166. School survey data
167. Notification of change in circumstances
168. Disclosure of application for prescribed notice or exemption notice under Working with Children Act
169. Disclosure of details of any indictable offence
170. Protecting officials from liability
171. Publication of information identifying school operating without accreditation or provisional accreditation
172. False or misleading information or documents
173. Confidentiality of information
174. Claim by person as to accreditation or provisional accreditation of school
175. Delegation by Minister
176. Approval of forms
177. Regulation-making power

CHAPTER 7 - TRANSITIONAL PROVISIONS FOR ACT NO. 60 OF 2001

PART 1 - PRELIMINARY

178. Definitions for ch 7

PART 2 - NON-STATE SCHOOLS UNDER GENERAL PROVISIONS ACT

179. Existing operating non-State school under General Provisions Act
180. Existing non-operating non-State school under General Provisions Act
181. Existing application for non-State school status—operating school
182. Outstanding review of Minister’s decision—operating school
183. Existing application for non-State school status—non-operating school
184. Outstanding review of Minister’s decision—non-operating school
185. Governing body of school is not a corporation

PART 3 - SCHOOLS IN RECEIPT OF SUBSIDY UNDER GENERAL PROVISIONS ACT

186. School in receipt of subsidy under General Provisions Act
187. Existing application for categorisation as a school in receipt of subsidy

PART 4 - (Repealed)

PART 5 - SCHOOLS THAT ARE NOT NON-STATE SCHOOLS UNDER GENERAL PROVISIONS ACT

193. Existing operating school

PART 6 - SCHOOLS WITH PLANNING APPROVAL UNDER GENERAL PROVISIONS ACT

Division 1 - School is not a non-State school under General Provisions Act

194. Application of div 1
195. Application for accreditation

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

196. Application of div 2
197. Application to change attribute of provisional accreditation
198. Application to change attribute of accreditation

Division 3 - School is a non-State school under General Provisions Act and has planning approval to change type of education

199. Application of div 3
200. Application for accreditation

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

201. Existing application for planning approval
202. Application for accreditation

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

203. Existing application for planning approval
204. Application to change attribute of provisional accreditation
205. Application to change attribute of accreditation

Division 3 - School is a non-State school under General Provisions Act and has applied for planning approval to change type of education

206. Existing application for planning approval
207. Application for accreditation

PART 8 - REVIEW OF PLANNING APPROVAL DECISIONS

Division 1 - Preliminary

208. Definition for pt 8

Division 2 - School is not a non-State school under General Provisions Act

209. Application for review
210. Application of provision

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

211. Application for review
212. Application of provisions

Division 4 - School is a non-State school under General Provisions Act and seeks planning approval to change type of education

213. Application for review
214. Application of provision

PART 9 - CHANGE OF DETAILS OF NON-STATE SCHOOL STATUS OF SCHOOL UNDER GENERAL PROVISIONS ACT

215. Outstanding application
216. Change in attributes of provisional accreditation
217. Change in attributes of accreditation

CHAPTER 8 - OTHER TRANSITIONAL PROVISIONS

PART 1 - TRANSITIONAL PROVISIONS FOR EDUCATION (MISCELLANEOUS AMENDMENTS) ACT 2002

218. Definitions for ch 8, pt 1
219. Provisional accreditation for particular type of education
220. Accreditation for particular type of education
221. Application for accreditation for particular type of education

PART 2 - TRANSITIONAL PROVISIONS FOR EDUCATION (ACCREDITATION OF NON-STATE SCHOOLS) AND OTHER LEGISLATION AMENDMENT ACT 2005

222. Definition for ch 8, pt 2
223. Certain applications not to be dealt with under pre-amended Act
224. Ineligible company

PART 3 - TRANSITIONAL PROVISIONS FOR EDUCATION (GENERAL PROVISIONS) ACT 2006

Division 1 - Preliminary

225. Definitions for ch 8, pt 3

Division 2 - Transitional provisions for certain schools allowed to offer years 1 to 3 of schooling

226. Application of div 2
227. Application of provisions
228. Notification of first day of provision of education in preparatory year

Division 3 - Other transitional provisions

229. Provisional accreditation for particular types of education
230. Provisional accreditation, and accreditation, for particular types of education
231. Return of certificate of provisional accreditation
232. Accreditation for particular types of education
233. Return of certificate of accreditation
234. Application for accreditation for particular types of education—non-accredited school
235. Application for accreditation for particular type of education—accredited school
236. Application for accreditation for particular type of education—provisionally accredited school
237. Decision to refuse to provisionally accredit school
238. Decision to refuse to accredit school

PART 4 - TRANSITIONAL PROVISIONS FOR EDUCATION LEGISLATION AMENDMENT ACT 2013

Division 1 - Preliminary

239. Definitions for pt 4

Division 2 - Schools that offer secondary education or primary and secondary education

240. Notices about offering education for year 7
241. Effect of notice
242. Application of ss 56, 57 and 58
243. Deemed eligibility for Government funding
244. Applications for Government funding for accredited school

Division 3 - Schools that only offer primary education

245. Applications for accreditation to offer education for year 7
246. Application of particular provisions for accreditations under this division
247. Procedural requirements
248. Decision to provisionally accredit school
249. Schools that are not granted provisional accreditation
250. Deemed eligibility for Government funding

Division 4 - New schools

251. Applications for accreditation for new schools

Division 5 - Miscellaneous

252. (Repealed)

PART 5 - TRANSITIONAL PROVISIONS FOR EDUCATION AND OTHER LEGISLATION AMENDMENT ACT 2014

253. Existing assessment as special assistance school and eligibility for Government funding
254. Existing application for assessment as special assistance school
255. (Repealed)
SCHEDULE 3

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback