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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Australian Education Legislation
Amendment (Prohibiting the
Indoctrination of Children) Bill 2020
No. , 2020
(Senator Hanson)
A Bill for an Act to amend the
Australian
Curriculum, Assessment and Reporting Authority Act
2008
and the
Australian Education Act 2013
, and for
related purposes
No. , 2020
Australian Education Legislation Amendment (Prohibiting the
Indoctrination of Children) Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Australian Curriculum, Assessment and Reporting Authority Act 2008
3
Australian Education Act 2013
3
No. , 2020
Australian Education Legislation Amendment (Prohibiting the
Indoctrination of Children) Bill 2020
1
A Bill for an Act to amend the
Australian
1
Curriculum, Assessment and Reporting Authority Act
2
2008
and the
Australian Education Act 2013
, and for
3
related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the
Australian Education Legislation Amendment
7
(Prohibiting the Indoctrination of Children) Act 2020
.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Australian Education Legislation Amendment (Prohibiting the
Indoctrination of Children) Bill 2020
No. , 2020
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Amendments
Schedule 1
No. , 2020
Australian Education Legislation Amendment (Prohibiting the
Indoctrination of Children) Bill 2020
3
Schedule 1--Amendments
1
2
Australian Curriculum, Assessment and Reporting Authority
3
Act 2008
4
1 At the end of section 7
5
Add:
6
(6) The Australian Curriculum, Assessment and Reporting Authority
7
must perform its functions and exercise its powers to ensure that
8
school education in Australia provides a balanced presentation of
9
opposing views on political, historical and scientific issues.
10
(7) Without limiting subsection (6), the Australian Curriculum,
11
Assessment and Reporting Authority must ensure that:
12
(a) the national school curriculum is developed and administered
13
to provide a balanced presentation of opposing views on
14
political, historical and scientific issues; and
15
(b) information, resources, support and guidance that promote a
16
balanced presentation of opposing views on political,
17
historical and scientific issues are provided to the teaching
18
profession.
19
Australian Education Act 2013
20
2 After section 22
21
Insert:
22
22AA Conditions of financial assistance--prohibiting the
23
indoctrination of children
24
(1) A payment of financial assistance under this Act to a State or
25
Territory is subject to the condition that the State or Territory has
26
in force laws that:
27
(a) prohibit a staff member (however described) of a school
28
promoting partisan views or activities to students when
29
teaching a subject or administering the school's affairs; and
30
Schedule 1
Amendments
4
Australian Education Legislation Amendment (Prohibiting the
Indoctrination of Children) Bill 2020
No. , 2020
(b) require a staff member (however described) of a school to
1
provide students with a balanced presentation of opposing
2
views on political, historical and scientific issues as such
3
issues arise in the teaching of a subject; and
4
(c) enable a court, on the application of a parent or guardian of a
5
student at a school, to make an order for the enforcement of
6
the provisions of any laws that give effect to the requirements
7
set out in paragraphs (a) and (b) of this section; and
8
(d) require a school to:
9
(i) consult with parents or guardians of students at that
10
school to ascertain the extent to which staff members
11
(however described) have provided students with a
12
balanced presentation of opposing views on political,
13
historical and scientific issues as such issues arise in the
14
teaching of a subject; and
15
(ii) have regard to any feedback received as a result of those
16
consultations.
17
(2) In this section, school includes a non-government school that
18
provides distance education to students.
19
(3) This section does not apply to the extent (if any) that it would
20
infringe any constitutional doctrine of implied freedom of political
21
communication.
22