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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Education Amendment (Publication of
School Results) Bill 2009
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Education Act 1990 No 8 3
Schedule 2 Amendment of Education Regulation 2007 6
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2009
New South Wales
Education Amendment (Publication of
School Results) Bill 2009
Act No , 2009
An Act to amend the Education Act 1990 and the Education Regulation 2007 with
respect to the publication of school results.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Education Amendment (Publication of School Results) Bill 2009
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Education Amendment (Publication of School Results)
Act 2009.
2 Commencement
This Act commences on the date of assent to this Act.
Page 2
Education Amendment (Publication of School Results) Bill 2009
Amendment of Education Act 1990 No 8 Schedule 1
Schedule 1 Amendment of Education Act 1990 No 8
[1] Section 18A
Omit the section. Insert instead:
18A Publication of school results
(1) In this section:
relevant national agreement means an agreement between the
State and the Commonwealth that gives effect to a national
protocol or arrangement for the provision and publication of
school results.
school results means the following results (whether they are the
results of individuals or of schools or any other results):
(a) results of national basic skills testing (including testing
under section 18),
(b) results of School Certificate and Higher School Certificate
examinations and related assessments,
(c) results of annual or other periodic assessments of the
academic performance of students contained in reports to
parents on student achievement.
The regulations may determine whether particular results are or
are not results referred to in paragraphs (a)-(c).
(2) School results may, in accordance with a relevant national
agreement, be provided by the State to the Commonwealth or to
an authority established by the Commonwealth.
(3) School results must not be publicly revealed in a way that ranks
or otherwise compares the results of particular schools, except as
authorised by or under a relevant national agreement.
(4) A person must not, in a newspaper or other document that is
publicly available in this State:
(a) publish any ranking or other comparison of particular
schools according to school results, except with the
permission of the principals of the schools involved, or
(b) identify a school as being in a percentile of less than 90 per
cent in relation to school results, except with the
permission of the principal of the school.
Maximum penalty: 50 penalty units in the case of an individual
and 500 penalty units in any other case.
Page 3
Education Amendment (Publication of School Results) Bill 2009
Schedule 1 Amendment of Education Act 1990 No 8
(5) Nothing in subsection (4) prohibits:
(a) anything authorised to be done by or under a relevant
national agreement, or
(b) the publication of the ranking of the schools in the top 10
per cent in relation to the results of Higher School
Certificate examinations and related assessments so long
as the information used to determine that ranking is
information as to the results of students that may be
publicly revealed under subsection (6) (c).
(6) School results must not be publicly revealed if the results of an
identified student are revealed, except as follows:
(a) to the student or to the student's parents, or to anyone with
the student's or parent's consent,
(b) to the principal of a school (including a school in another
State or Territory) at which the student is enrolling, is
enrolled or was previously enrolled,
(c) in the case of results of School Certificate or Higher
School Certificate examinations and related
assessments--by or with the approval of the Board, by
way of the publication of the results of students who the
Board considers have achieved outstanding results.
(7) The functions of the State under this section may be exercised by
the Director-General or, if authorised by a relevant national
agreement, by a State educational authority that arranges the
testing, examinations or assessments concerned.
(8) This section has effect despite any other Act or law or the
decision of any tribunal.
[2] Schedule 3 Savings, transitional and other provisions
Insert at the end of clause 2 (1):
Education Amendment (Publication of School Results) Act 2009
Page 4
Education Amendment (Publication of School Results) Bill 2009
Amendment of Education Act 1990 No 8 Schedule 1
[3] Schedule 3
Insert at the end of the Schedule:
Part 10 Provisions consequent on enactment of
Education Amendment (Publication of
School Results) Act 2009
18 Definition and application
(1) In this Part:
amending Act means the Education Amendment (Publication of
School Results) Act 2009.
(2) This Part has effect despite any other Act or law or the decision
of any tribunal.
19 Application of amending Act to previous school results
Section 18A (as substituted by the amending Act) extends to
school results for testing, examinations and assessments held
before the commencement of the amending Act.
20 FOI exemption--transitional arrangement
Until the repeal of the Freedom of Information Act 1989, clause
12 of Schedule 1 to that Act applies to a breach of the
confidentiality provisions of section 18A of this Act in the same
way as it applies to an offence against an Act.
21 Crown Employees (Teachers in Schools and Related Employees)
Salaries and Conditions Award 2009
On and from the commencement of the amending Act,
clauses 13.2, 13.3 and 36.1.2 of the Crown Employees (Teachers
in Schools and Related Employees) Salaries and Conditions
Award 2009 cease to have effect.
Page 5
Education Amendment (Publication of School Results) Bill 2009
Schedule 2 Amendment of Education Regulation 2007
Schedule 2 Amendment of Education Regulation
2007
Clause 4 Publication of results and other matters
Omit the clause.
Page 6
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