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This is a Bill, not an Act. For current law, see the Acts databases.
AUSTRALIAN EDUCATION BILL 2012
2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Education Bill 2012
No. , 2012
(Education, Employment and Workplace Relations)
A Bill for an Act in relation to school education and
reforms relating to school education, and for
related purposes
i Australian Education Bill 2012 No. , 2012
Contents
Part 1--Preliminary
3
1 Short
title
...........................................................................................
3
2 Commencement
.................................................................................
3
3
Objects of this Act ............................................................................. 3
4 Definitions
.........................................................................................
3
Part 2--Improving the performance of schools and school
students
5
5
Improving the performance of schools and school students .............. 5
6
Developing a national plan ................................................................ 5
7
Reform directions for the national plan ............................................. 5
8
Developing benchmarks and supporting improvement ...................... 7
9 School
funding
...................................................................................
7
Part 3--Miscellaneous
9
10
Act does not create legally enforceable obligations etc. .................... 9
11 Regulations
........................................................................................
9
Australian Education Bill 2012 No. , 2012 1
A Bill for an Act in relation to school education and
1
reforms relating to school education, and for
2
related purposes
3
Preamble
4
The Parliament of Australia acknowledges the following matters.
5
All students in all schools are entitled to an excellent education,
6
allowing each student to reach his or her full potential so that he or
7
she can succeed and contribute fully to his or her community, now
8
and in the future.
9
The quality of a student's education should not be limited by where
10
the student lives, the income of his or her family, the school he or
11
she attends, or his or her personal circumstances.
12
Section 1
2 Australian Education Bill 2012 No. , 2012
The quality of education should not be limited by a school's
1
location, particularly those schools in regional Australia.
2
It is essential that Australian schooling be of a high quality and be
3
highly equitable in order to create a highly skilled and successful
4
workforce, strengthen the economy, and increase productivity,
5
leading to greater prosperity for all.
6
If Australia is to be a prosperous nation with a high standard of
7
living in the 21st century, the performance of Australia's schools,
8
and school students, must continuously improve, particularly as
9
school performance in countries around the world and in
10
Australia's region is also improving.
11
It is also essential that Australian schooling provide school
12
students with opportunities to engage with Australia's region.
13
Through this engagement, Australia can maximise economic,
14
cultural and social opportunities during the Asian century.
15
To address these matters, future arrangements will be based on the
16
needs of Australian schools and school students, and on evidence
17
of how to provide an excellent education for school students. These
18
arrangements will build on successful reforms to date.
19
Schools will also need to adopt the opportunities offered by digital
20
education and new evidence-based methods of teaching and
21
learning.
22
Strong partnerships across the broader community are necessary to
23
support all school students, including partnerships between
24
teachers, parents and families, and employers.
25
As Australia's schools are diverse, the Australian Government will
26
recognise the role of the Governments of the State and Territories,
27
non-government education authorities, other partners and schools
28
in delivering school education, and work with them to support and
29
lift the performance of schools and school students.
30
The Parliament of Australia enacts:
31
Preliminary Part 1
Section 1
Australian Education Bill 2012 No. , 2012 3
Part 1--Preliminary
1
2
1 Short title
3
This Act may be cited as the Australian Education Act 2012.
4
2 Commencement
5
This Act commences on 1 January 2014.
6
3 Objects of this Act
7
The objects of this Act are:
8
(a) to acknowledge the matters referred to in the Preamble; and
9
(b) to set out the following goals for Australian schooling to
10
address those matters:
11
(i) for Australian schooling to provide an excellent
12
education for school students;
13
(ii) for Australian schooling to be highly equitable;
14
(iii) for Australia to be ranked, by 2025, as one of the top 5
15
highest performing countries based on the performance
16
of Australian school students in reading, mathematics
17
and science, and based on the quality and equity of
18
Australian schooling.
19
4 Definitions
20
In this Act:
21
government school means a school in a State or Territory that is
22
conducted by, or on behalf of, the Government of the State or
23
Territory.
24
non-government education authority means an authority that is
25
associated with the operation of a non-government school and is
26
not an authority of the Government of a State or Territory.
27
non-government school means a school in a State or Territory:
28
Part 1 Preliminary
Section 4
4 Australian Education Bill 2012 No. , 2012
(a) that is not conducted by, or on behalf of, the Government of a
1
State or Territory; and
2
(b) that is not conducted for profit.
3
recurrent funding means funding relating to the ongoing operating
4
costs of schools.
5
school includes:
6
(a) a government school; and
7
(b) a non-government school.
8
9
Improving the performance of schools and school students Part 2
Section 5
Australian Education Bill 2012 No. , 2012 5
Part 2--Improving the performance of schools and
1
school students
2
3
5 Improving the performance of schools and school students
4
This Part sets out how the Commonwealth will address the matters
5
referred to in the Preamble, and achieve the goals referred to in
6
paragraph 3(b).
7
6 Developing a national plan
8
The Commonwealth will work with the Governments of the States
9
and Territories, and non-government education authorities, to
10
develop, and implement, a national plan to:
11
(a) improve school performance and the educational outcomes of
12
school students; and
13
(b) drive continuous school improvement; and
14
(c) provide opportunities for school students to develop
15
capabilities to engage with Asia;
16
by addressing the reform directions set out in section 7.
17
Note:
States and Territories, and non-government education authorities, that
18
agree to implement the national plan will be provided with school
19
funding in accordance with section 9.
20
7 Reform directions for the national plan
21
Quality teaching
22
(1) All teachers will have the skills, and support they require, to
23
improve their performance over time and to deliver teaching of a
24
high quality to all of their school students. The work of teachers
25
will:
26
(a) reflect rigorous professional standards and best practice; and
27
(b) be based on evidence of successful teaching methods.
28
Part 2 Improving the performance of schools and school students
Section 7
6 Australian Education Bill 2012 No. , 2012
Quality learning
1
(2) Australian schooling will provide a high quality educational
2
experience with an environment and curriculum that supports all
3
school students to reach their full potential.
4
Empowered school leadership
5
(3) Leaders in schools will have the resources, the skills, and greater
6
power, to make decisions and implement strategies at the local
7
level to obtain the best outcomes for their schools and school
8
students.
9
Transparency and accountability
10
(4) Support will be provided to schools to find ways to improve
11
continuously by:
12
(a) analysing and applying data on the educational outcomes of
13
school students (including outcomes relating to the academic
14
performance, attendance, behaviour and wellbeing of school
15
students); and
16
(b) making schools more accountable to the community in
17
relation to their performance and the performance of their
18
school students.
19
(5) Data collected on schools and school students will:
20
(a) be of a higher quality; and
21
(b) contain more detail; and
22
(c) be more consistent; and
23
(d) be more available to the public;
24
than data currently collected on schools and school students.
25
Meeting student need
26
(6) Australian schooling will place the highest priority on:
27
(a) identifying and addressing the needs of school students,
28
including barriers to learning and wellbeing; and
29
(b) providing additional support to school students who require
30
it.
31
Improving the performance of schools and school students Part 2
Section 8
Australian Education Bill 2012 No. , 2012 7
8 Developing benchmarks and supporting improvement
1
The Commonwealth will work with the Governments of the States
2
and Territories, non-government education authorities, and other
3
partners, to do the following:
4
(a) develop benchmarks for assessing the performance of schools
5
and school students;
6
(b) implement arrangements to support the following:
7
(i) increased transparency in relation to schools;
8
(ii) assessing and improving school performance;
9
(iii) gathering and sharing evidence about the most effective
10
methods of improving the performance of schools and
11
school students.
12
9 School funding
13
For any Government of a State or Territory, or non-government
14
education authority, that reaches agreement with the
15
Commonwealth on its implementation of the national plan referred
16
to in section 6, the Commonwealth will provide funding for
17
schools or school systems, through grants of financial assistance to
18
States and Territories, based upon the following principles:
19
(a) every school student will have the opportunity to have an
20
excellent education;
21
(b) base recurrent funding will be allocated according to a
22
formula that calculates an appropriate amount for every
23
school in recognition of the costs of providing a high quality
24
education;
25
(c) educational disadvantage associated with any of the
26
following circumstances will be recognised and addressed
27
through providing additional recurrent funding in the form of
28
loadings:
29
(i) having a disability;
30
(ii) being an Aboriginal person or a Torres Strait Islander;
31
(iii) having a low socioeconomic status;
32
(iv) not being proficient in English as a result of the ethnic
33
background or immigration status of a student or a
34
student's family;
35
Part 2 Improving the performance of schools and school students
Section 9
8 Australian Education Bill 2012 No. , 2012
(v) the size of a student's school;
1
(vi) the location of a student's school.
2
Miscellaneous Part 3
Section 10
Australian Education Bill 2012 No. , 2012 9
Part 3--Miscellaneous
1
2
10 Act does not create legally enforceable obligations etc.
3
(1) This Act does not create rights or duties that are legally
4
enforceable in judicial or other proceedings.
5
(2) A failure to comply with this Act does not affect the validity of any
6
decision, and is not a ground for the review or challenge of any
7
decision.
8
11 Regulations
9
The Governor-General may make regulations prescribing matters:
10
(a) required or permitted by this Act to be prescribed; or
11
(b) necessary or convenient to be prescribed for carrying out or
12
giving effect to this Act.
13