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EDUCATION AND TRAINING REFORM REGULATIONS 2017 - SCHEDULE 8

Schedule 8—Minimum standards for registration to provide an accredited senior secondary course or an accredited foundation secondary course

Regulation 86

        1     Principles to apply

    (1)     The programs and teaching of a senior secondary education provider or a foundation secondary education provider must support and promote the principles and practice of Australian democracy, including a commitment to—

        (a)     elected Government; and

        (b)     the rule of law; and

        (c)     equal rights for all before the law; and

        (d)     freedom of religion; and

        (e)     freedom of speech and association; and

        (f)     the values of openness and tolerance.

    (2)     Nothing in this clause is intended to affect any right accorded to, or compliance with any obligation imposed on, a provider under an enactment of the State or of the Commonwealth.

        2     Student learning outcomes

    (1)     A senior secondary education provider that provides, or proposes to provide, an accredited senior secondary course must—

        (a)     deliver the course to the standards established by the awarding body for the qualification; and

        (b)     ensure that a student who satisfactorily completes all of the course requirements will be entitled to be awarded the registered qualification.

    (2)     A foundation secondary education provider that provides, or proposes to provide, an accredited foundation secondary course must—

        (a)     deliver the course to the standards established by the awarding body for the qualification; and

        (b)     ensure that a student who satisfactorily completes all of the course requirements will be entitled to be awarded the registered qualification.

        3     Student welfare

    (1)     A senior secondary education provider or a foundation secondary education provider must have policies and procedures in place that are consistent with any relevant laws and legislation to ensure the care, safety and welfare of students and the provision of opportunities for students with special needs to access the course.

    (2)     If 2 or more senior secondary education providers share the responsibility for providing an accredited senior secondary course or its components to a student, each of those providers must have procedures in place to identify and satisfy the legal duties owed to the student while the student attends, travels between or undertakes an excursion with the providers.

    (3)     If 2 or more foundation secondary education providers share the responsibility for providing an accredited foundation secondary course or its components to a student, each of those providers must have procedures in place to identify and satisfy the legal duties owed to the student while the student attends, travels between or undertakes an excursion with the providers.

        4     Student records and results

    (1)     A senior secondary education provider or a foundation secondary education provider must have policies and procedures in place—

        (a)     to maintain accurate student records and ensure the integrity of student assessments; and

        (b)     if the provider is—

              (i)     not the awarding body, to enable compliance with the requirements of the awarding body for the course with regard to the assessment program and the timely provision of student enrolments and results; or

              (ii)     also the awarding body, to deal with the assessment program and the timely provision of student enrolments and results; and

        (c)     to monitor patterns of student participation and completion rates, and the quality of outcomes of students in the registered senior secondary education qualification or the registered foundation secondary qualification (as the case requires); and

        (d)     to undertake an annual analysis (that is made publicly available) of student participation and completion rates and outcomes.

    (2)     A senior secondary education provider or a foundation secondary education provider must—

        (a)     prepare and maintain records of student assessments; and

        (b)     comply with appropriate requests to provide copies of a student's records to the student or a person authorised by the student to receive the records.

    (3)     A senior secondary education provider or a foundation secondary education provider must have processes in place that comply with the requirements of the awarding body for the course for—

        (a)     the accurate and timely issuing of qualifications; and

        (b)     for the retention, archiving and retrieval of sufficient information about student enrolments and results to enable the re-issue of statements and certificates if required.

        5     Teaching and learning

A senior secondary education provider or a foundation secondary education provider must have—

        (a)     qualified and competent staff to teach and assess the course; and

        (b)     suitable teaching resources and physical facilities to provide the course; and

        (c)     processes to ensure the consistent application of assessment criteria and practices; and

        (d)     processes to oversee the conduct of assessments of the course including processes to conduct investigations and hearings and, if necessary, amend or cancel assessments.

        6     Governance and probity

    (1)     The governance and management of a senior secondary education provider or a foundation secondary education provider must be structured to enable the provider to effectively manage—

        (a)     the finances of the provider; and

        (b)     the physical environment of each place where the course is offered by the provider; and

        (c)     the staff of the provider; and

        (d)     the students enrolled in the course offered by the provider.

    (2)     A senior secondary education provider or a foundation secondary education provider must ensure that suitable arrangements are in place to enable—

        (a)     the provider to respond to and supply any information requested by the Authority in regard to matters listed in section 4.3.11(2) of the Act; and

        (b)     the provider to comply with any relevant guidelines issued by the Authority under section 4.3.11(3) of the Act; and

        (c)     the Authority to conduct an audit on the operation of the person, body or school in relation to the prescribed minimum standards.

    (3)     If a senior secondary education provider is not the owner of the accredited senior secondary course, the provider must—

        (a)     be authorised by the owner of the course to provide that course; and

        (b)     comply with the conditions relating to that authorisation.

    (3A)     If a foundation secondary education provider is not the owner of the accredited foundation secondary course, the provider must—

        (a)     be authorised by the owner of the course to provide that course; and

        (b)     comply with the conditions relating to that authorisation.

    (4)     A senior secondary education provider must not provide instruction in an accredited senior secondary course at a school unless it is a registered school.

    (5)     A foundation secondary education provider must not provide instruction in an accredited foundation secondary course at a school unless it is a registered school.

Sch. 9 (Heading) amended by S.R. No. 6/2022 reg. 15(1).

Sch. 9 amended by S.R. No. 6/2022 reg. 15(2)–(4).



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