Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to transfer to the Education Act 1990, and to amend,
provisions that are currently contained in the regulations under that Act relating to
the prohibition on the public release of school results (including results of national
basic skills testing and of School and Higher School Certificate examinations) that
disclose the results of particular students or rank particular schools. The amendments
will authorise the State to provide school results to the Commonwealth or an
authority established by the Commonwealth in accordance with any national
agreement to which NSW is a party and for the publication of results relating to
particular schools in accordance with any such agreement.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of assent.

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Explanatory note page 2

Education Amendment (Publication of School Results) Bill 2009
Explanatory note
Schedule 1 Amendment of Education Act 1990 No 8
Schedule 1 [1] substitutes section 18A. The substituted section sets out provisions
relating to the publication of school results rather than authorising regulations on the
matter. The substituted section authorises the provision by the State of school results
to the Commonwealth or a Commonwealth authority (such as the proposed
Australian Curriculum, Assessment and Reporting Authority) in accordance with an
agreement between the Commonwealth and the State. The prohibition on the ranking
of schools is transferred to new section 18A, subject to any publication of school
results authorised by the Commonwealth/State agreement. The provisions
transferred from the regulations also preserve the existing prohibition on the
publication of results of particular students, except publication to the students or their
parents, to relevant school principals or as approved by the Board of Studies in
relation to students who have achieved outstanding results. The new provisions apply
despite any other Act or law or decision of any tribunal.

Schedule 1 [2] enables regulations of a savings or transitional nature to be made
consequent on the enactment of the proposed Act.

Schedule 1 [3] enacts the following savings and transitional provisions:

(a) provision to ensure that the new arrangements for publication of school results
extend to school results for testing, examinations or assessments held before
the commencement of the proposed Act,

(b) provision to preserve an existing freedom of information exemption about
school results pending the replacement of the Freedom of Information Act by
the proposed Government Information (Public Access) Act 2009,

(c) provision to terminate the effect of provisions in the Crown Employees
(Teachers in Schools and Related Employees) Salaries and Conditions Award
2009 that relate to the application of 1997 protocols concerning the publication
of school results and the negotiation of changes to those protocols.

Schedule 2 Amendment of Education Regulation
2007
Schedule 2 repeals clause 4 that contains the provisions authorised by current
section 18A of the Act relating to the prohibition of the publication of school results
as a consequence of the transfer of provisions on the matter to section 18A by
Schedule 1 [1].

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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