Commonwealth Numbered Acts

Commonwealth Schools Commission Amendment Act 1984 No. 52 of 1984 - SECT 23

23. After section 14 of the Principal Act the following Part, heading and
section are inserted:

               ''PART  III-THE  CURRICULUM  DEVELOPMENT  COUNCIL
Interpretation

''14A. (1) In this Part, unless the contrary intention appears-

'appoint' includes re-appoint;

'Australian Education Council' means the body, comprising the Minister and
Ministers of the States, known as the Australian Education Council;

'Chairman' means the Chairman of the Council and includes a person acting in
the office of Chairman of the Council;

'curriculum project' means a project relating to-

   (a)  the devising or development of; or

   (b)  research into matters relating to,

school curricula or school educational materials;

'member' means the Chairman or another member of the Council and includes a
person acting in the office of a member of the Council;

'school curricula' includes methods and procedures for use in or in connection
with teaching or learning in schools;

'school educational materials' means materials or equipment (including books)
for use in or in connection with teaching or learning in schools. Curriculum
Development Council

''14B. (1) There shall be a Curriculum Development Council.

''(2) The Council shall consist of-

   (a)  a Chairman, being a full-time Commission member;

   (b)  3 members nominated by the Minister, being Commission members;

   (c)  such number of further members nominated by the Minister, being not
        more than 5, as the Minister determines by writing signed by the
        Minister;

   (d)  2 members nominated by the Australian Education Council, being persons
        having expertise in curriculum development for schools;

   (e)  2 further members nominated by the Australian Education Council; and

   (f)  a member, being the Permanent Head of, or a Deputy Secretary in, the
        Department.

''(3) The members shall be appointed by the Governor-General as part-time
members.

''(4) Subject to this Part, a member holds office for such period not
exceeding 3 years as is specified in the instrument of the member's
appointment, but is eligible for re-appointment.

''(5) The performance of the functions of the Council is not affected by
reason only of there being a vacancy or vacancies in the membership of the
Council.

''(6) The validity of anything done by, or in relation to, a person purporting
to act as a member shall not be called in question on the ground that there
was a defect or irregularity in or in connection with the nomination or
appointment of the person as a member.

''(7) In sub-section (2)-

'Commission member' means the Chairman of the Commission or another member of
the Commission;

'full-time Commission member' means the Chairman of the Commission or another
member of the Commission appointed to be a full-time member of the Commission.
Acting appointments

''14C. (1) The Minister may appoint a person to act in the office of Chairman,
or to act in the office of a member-

   (a)  during a vacancy in the office of Chairman, or in the office of a
        member, as the case may be, whether or not an appointment has
        previously been made to the office; or

   (b)  during any period, or during all periods, when the Chairman, or a
        member, as the case may be, is unable (whether on account of illness
        or otherwise) to attend meetings of the Council, but a person
        appointed to act during a vacancy shall not continue so to act for
        more than 12 months.

''(2) An appointment of a person under sub-section (1) may be expressed to
have effect only in such circumstances as are specified in the instrument of
appointment.

''(3) The Minister may-

   (a)  determine the terms and conditions of appointment, including
        remuneration and allowances, of a person acting in the office of
        Chairman or in the office of a member; and

   (b)  terminate such an appointment at any time.

''(4) Where a person is acting in the office of Chairman, or in the office of
a member, in accordance with an appointment made under paragraph (1) (b) and
that office becomes vacant while that person is so acting, that person may
continue so to act until the Minister otherwise directs, the vacancy is filled
or a period of 12 months from the day on which the vacancy occurred expires,
whichever first happens.

''(5) The appointment of a person to act in the office of Chairman, or to act
in the office of a member, ceases to have effect if the person resigns the
appointment by writing signed by the person and delivered to the Minister.

''(6) While a person is acting in the office of Chairman, or in the office of
a member, the person has and may exercise all the powers, and shall perform
all the functions, of the Chairman, or of a member, as the case may be, under
this Act.

''(7) The validity of anything done by, or in relation to, a person purporting
to act under an appointment made under sub-section (1) shall not be called in
question on the ground that the occasion for the appointment had not arisen,
that there was a defect or irregularity in or in connection with the
appointment, that the appointment had ceased to have effect or that the
occasion for the person to act had not arisen or had ceased.

''(8) In this section, 'member' does not include the Chairman. Terms and
conditions of appointment

''14D. (1) A member shall be paid such remuneration as is determined by the
Remuneration Tribunal, but, if no determination of that remuneration by the
Tribunal is in operation, shall be paid such remuneration as is prescribed.

''(2) A member shall be paid such allowances as are prescribed.

''(3) Sub-sections (1) and (2) have effect subject to the Remuneration
Tribunals Act 1973.

''(4) A member holds office on such terms and conditions (if any) in respect
of matters not provided for by this Act as are determined by the
Governor-General. Leave of absence

''14E. The Minister may grant leave of absence to a member on such terms and
conditions as to remuneration or otherwise as the Minister determines.
Disclosure of interests

''14F. (1) A member who has a direct or indirect pecuniary interest in a
matter being considered or about to be considered by the Council shall, as
soon as possible after the relevant facts have come to the member's knowledge,
disclose the nature of the interest at a meeting of the Council.

''(2) A disclosure made by a member under sub-section (1) at a meeting of the
Council shall be recorded in the minutes of the meeting and the member shall
not, unless the Minister or the Council otherwise determines-

   (a)  be present during any deliberation of the Council with respect to a
        matter to which the disclosure relates; or

   (b)  take part in any decision of the Council with respect to such a
        matter.

''(3) For the purpose of the making of a determination by the Council under
sub-section (2) in relation to a member who has made a disclosure under
sub-section (1), a member who has a direct or indirect pecuniary interest in a
matter to which the disclosure relates shall not-

   (a)  be present during any deliberation of the Council for the purpose of
        the making of the determination; or

   (b)  take part in the making by the Council of the determination.
        Termination of appointment

''14G. (1) The Governor-General may terminate the appointment of a member by
reason of misbehaviour or physical or mental incapacity.

''(2) If a member-

   (a)  becomes bankrupt, applies to take the benefit of any law for the
        relief of bankrupt or insolvent debtors, compounds with the member's
        creditors or makes an assignment of remuneration for their benefit;

   (b)  is absent, except on leave of absence granted by the Minister, from 3
        consecutive meetings of the Council; or

   (c)  without reasonable excuse, fails to comply with section 14F, the
        Governor-General shall terminate the appointment of the member.
        Resignation

''14H. A person may resign the office of member by writing signed by the
person delivered to the Minister. Meetings of Council

''14J. (1) The Council shall hold such meetings as are necessary for the
performance of its functions.

''(2) The Minister or the Chairman may at any time convene a meeting of the
Council.

''(3) The Chairman shall preside at all meetings of the Council at which he is
present.

''(4) In the absence of the Chairman from the meeting of the Council, the
members present at the meeting shall appoint one of their number to preside.

''(5) At a meeting of the Council-

   (a)  such number of members as the Minister determines by writing signed by
        the Minister, being not less than one-half of the number of members
        for the time being holding office pursuant to an appointment under
        section 14B, form a quorum;

   (b)  all questions shall be decided by a majority of votes of the members
        present and voting; and

   (c)  the member presiding has a deliberative vote and, in the event of an
        equality of votes, also has a casting vote.

''(6) The Council shall keep records of its meetings. Functions of Council

''14K. (1) The functions of the Council are-

   (a)  to inquire into, and to furnish information and advice to the Minister
        with respect to-

        (i)    matters relating to the devising and development of school
               curricula and school educational materials; and

        (ii)   national school curriculum issues;

   (b)  to devise and develop, and to promote and assist in the devising and
        development of, school curricula and school educational materials;

   (c)  to undertake, promote and assist in research into matters relating to
        school curricula and school educational materials;

   (d)  to arrange for the printing and publication of, and of information
        relating to, school curricula and school educational materials;

   (e)  to make available or supply, subject to the payment of reasonable
        charges, school curricula and school educational materials;

   (f)  to collect, assess and disseminate, and to promote and assist in the
        collection, assessment and dissemination of, information relating to
        school curricula and school educational materials;

   (g)  to advise the Minister in relation to-

        (i)    the exercise of the Minister's powers under section 14L; and

        (ii)   the making of agreements under section 14M;

   (h)  to act on behalf of the Commonwealth in or in connection with matters
        relating to school curricula or school educational materials;

   (j)  to publish reports on projects being undertaken, or to be undertaken,
        by the Council; and

   (k)  to do anything incidental or conducive to the performance of any of
        the foregoing functions.

''(2) In the performance of its functions, the Council shall consult and
co-operate with-

   (a)  the Commission;

   (b)  representatives of the States;

   (c)  authorities in the Australian Capital Territory responsible for
        primary or secondary education in that Territory; and

   (d)  persons, bodies and authorities conducting non-government schools in
        Australia, and may consult with such other persons, bodies and
        authorities as the Council thinks necessary.

''(3) The Council shall perform its functions and exercise its powers in
accordance with any directions given by the Minister. Grants to States in
connection with approved curriculum projects

''14L. (1) The Minister-

   (a)  may approve a curriculum project in relation to a State for the
        purposes of this section; and

   (b)  shall, in respect of a curriculum project that the Minister has so
        approved in relation to a State, determine the maximum amount that
        will be paid to the State in connection with the curriculum project.

''(2) Subject to this section and to section 14N, there is payable to a State,
by way of financial assistance, the amount necessary to reimburse the State in
respect of so much of the expenditure by the State in connection with an
approved curriculum project in relation to the State (including expenditure
incurred before the curriculum project became an approved curriculum project
in relation to the State) as does not exceed the relevant amount in relation
to the curriculum project.

''(3) Payments under sub-section (2) shall be made in such amounts and at such
times as the Minister determines.

''(4) A State is not entitled to a payment under sub-section (2) in relation
to expenditure by the State in connection with a curriculum project unless the
State has caused to be furnished to the Minister-

   (a)  a statement, in accordance with a form approved by the Minister, that
        sets out each amount of the expenditure and summarizes the manner in
        which the amount was expended;

   (b)  a certificate that-

        (i)    is in a form approved by the Minister;

        (ii)   is signed by a person authorized in writing for the purpose by
               the Minister of the State who is responsible, or principally
               responsible, for the administration of matters relating to
               education in the State; and

        (iii)  certifies that the person so authorized is satisfied after due
               inquiry that each amount set out in the statement referred to
               in paragraph (a) was expended in connection with the curriculum
               project; and

   (c)  such further information, if any, as the Minister determines in
        relation to the expenditure.

''(5) Subject to this section and to section 14N, the Minister may, at such
times as the Minister thinks fit, make advances to a State of such amounts as
the Minister thinks fit on account of an amount that may become payable to the
State under this section in relation to a curriculum project.

''(6) A payment or advance to a State under this section in relation to a
curriculum project is subject to the following conditions:

   (a)  that, if the Minister so determines, there will be furnished to the
        Minister by the State, as soon as practicable after such date as the
        Minister specifies, a report on the activities of the State in
        connection with the curriculum project, being a report containing such
        particulars as are specified by the Minister;

   (b)  that the State will repay to the Commonwealth, on demand by the
        Minister, the amount by which, at the time of the demand, the total of
        the amounts (including advances) paid to the State under this section
        exceeds the total of the amounts that have become payable to the State
        under sub-section (2);

   (c)  such other conditions (if any) as are determined by the Minister in
        relation to the first-mentioned payment or advance;

   (d)  that, if the Minister is satisfied that the State-

        (i)    has failed to fulfil the condition specified in paragraph (a);

        (ii)   has failed to fulfil a condition determined by the Minister
               pursuant to paragraph (c) in relation to the first-mentioned
               payment or advance; or

        (iii)  has failed to undertake the curriculum project or a part of the
               curriculum project,

the State will, if the Minister so determines, repay to the Commonwealth such
amount (not being an amount greater than the amount of the first-mentioned
payment or advance) as the Minister specifies; and

   (e)  that the Minister may deduct an amount repayable by the State in
        accordance with the condition specified in paragraph (b) or (d) from
        any amount payable by the Commonwealth to the State under sub-section
        (2).

''(7) An amount repayable by a State to the Commonwealth in accordance with a
condition provided for in sub-section (6) is a debt due by the State to the
Commonwealth.

''(8) An approval given, or a determination made, under this section shall be
made or given, as the case may be, and may be varied or revoked, by writing
signed by the Minister.

''(9) In this section-

'approved curriculum project', in relation to a State, means a curriculum
project in relation to which an approval under this section in relation to the
State is in force;

'relevant amount', in relation to an approved curriculum project in relation
to a State, means the amount specified in a determination in force under this
section as the maximum amount that will be paid to the State under this
section in respect of expenditure by the State in connection with the
curriculum project. Payments for approved curriculum projects to institutions,
&c., in a Territory

''14M. The Minister may authorize the making, on behalf of the Commonwealth,
of an agreement with-

   (a)  a body or institution established in a Territory; or

   (b)  a person resident, or ordinarily resident, in a Territory, being an
        agreement-

   (c)  for or in relation to the carrying out by the body, institution or
        person of a curriculum project approved by the Minister; and

   (d)  for the making of payments by the Commonwealth to the body,
        institution or person for the purposes of, and on the terms and
        conditions contained in, the agreement. Moneys to be appropriated

''14N. Payments (including advances) to the States under section 14L and
payments under agreements made under section 14M shall be made out of moneys
appropriated by the Parliament for the purposes of sections 14L and 14M.
Reports

''14P. (1) The Council shall, once in each period of 12 months commencing on 1
January and at intervals of not more than 15 months, furnish to the Minister a
report containing recommendations with respect to matters relating to the
Council's functions.

''(2) The Minister shall, as soon as practicable after receiving a report
furnished under sub-section (1), cause a copy of the report to be laid before
each House of the Parliament.

''(3) In addition to the reports required to be furnished under sub-section
(1), the Council shall furnish to the Minister such reports as the Minister
requires and may furnish such other reports as the Council thinks fit.

''(4) The Council shall, at or before the time when it furnishes a report to
the Minister under sub-section (1) or (3), furnish a copy of the report to the
Commission and, where the Council does so, the Commission may, and shall if
required by the Minister to do so, furnish to the Minister comments or advice
relating to the report, or to a recommendation contained in the report.

                            ''PART  IV-MISCELLANEOUS
Interpretation

''14Q. In this Part, 'Chairman of the Commission' includes an acting Chairman
of the Commission appointed under sub-section 6 (1).''.