Queensland Numbered Acts

EDUCATION LEGISLATION AMENDMENT ACT 2009 No. 39 - SECT 13

After section 47--

insert--

'In this chapter--

minimum eligibility criteria see section 47E(2).

recognised school means a school approved as a recognised school under 47B.

'The Minister may approve a school as a recognised school.

'(1) The governing body of a school may apply to the Minister for approval as a recognised school.

'(2) The application must be in the approved form.

'(1) The Minister may, by notice given to the applicant, require the applicant to give the Minister, within the reasonable time of at least 14 days stated in the notice, further information the Minister reasonably requires to decide the application.

'(2) The applicant is taken to have withdrawn the application if the applicant does not comply with the requirement within the stated time.

'(1) The Minister must consider the application and either grant, or refuse to grant, the application.

'(2) The Minister may grant the application only if the Minister is satisfied the school meets the following criteria (the minimum eligibility criteria)--

(a) the school does not operate in Australia;

(b) the school is established and operates in a foreign country;

(c) if there is an entity in the foreign country responsible for recognising schools, the school is recognised by that entity;

(d) there is an agreement between the governing body of the school and the State under which the governing body is authorised to implement approved syllabuses for years 11 and 12 to its students.

'(3) In deciding the application, the Minister may make any enquiries the Minister considers appropriate.

'(4) If the Minister decides to grant the application, the Minister must as soon as practicable give the applicant notice of the decision.

'(5) If the Minister decides to refuse to grant the application, the Minister must as soon as practicable give the applicant notice of the decision and the reasons for the decision.

'Each of the following is a ground for cancelling the approval of a school as a recognised school--

(a) the Minister's decision to grant the approval was based on false or misleading information;

(b) the Minister is satisfied the school is not meeting the minimum eligibility criteria.

'(1) If the Minister reasonably believes a ground exists for cancelling the approval of a school as a recognised school, the Minister must give the governing body of the school a notice under this section (a show cause notice).

'(2) The show cause notice must state the following--

(a) that the Minister proposes to cancel the approval (the proposed action);

(b) the ground for the proposed action;

(c) an outline of the facts and circumstances forming the basis for the ground;

(d) an invitation to the governing body to show within a stated period (the show cause period) why the proposed action should not be taken.

'(3) The show cause period must be a period ending at least 30 days after the show cause notice is given to the governing body.

'(1) The governing body may make written representations about the show cause notice to the Minister in the show cause period.

'(2) The Minister must consider all written representations (the accepted representations) made under subsection (1).

'If, after considering the accepted representations for the show cause notice, the Minister no longer believes the ground exists to cancel the approval, the Minister--

(a) must not take further action about the show cause notice; and

(b) must, as soon as practicable, give notice to the governing body that no further action will be taken about the show cause notice.

'(1) This section applies if, after considering the accepted representations if any for the show cause notice, the Minister--

(a) still believes the ground exists to cancel the approval; and

(b) believes cancellation of the approval is warranted.

'(2) The Minister may decide to cancel the approval.

'(3) The Minister must, as soon as practicable, give notice to the governing body of the decision and the reasons for the decision.

'(4) The decision takes effect on the day the notice is given to the governing body or on the later day stated in the notice.

'This Act, other than this chapter, sections 426, 431 and 433 and the dictionary, does not apply to a recognised school.'.