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Queensland
Education and Training
Legislation Amendment
Bill 2010
Queensland
Education and Training Legislation
Amendment Bill 2010
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Child Care Act 2002
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 87 (Confidentiality of records) . . . . . . . . . . . . . . 4
4 Insertion of new pt 9, div 3, sdiv 1 hdg . . . . . . . . . . . . . . . . . . . . . 4
5 Insertion of new pt 9, div 3, sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . 5
Subdivision 2 Use and disclosure of URL data relating to
approved kindergarten programs
170A Definitions for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 5
170B Disclosure of URL data to chief executive and
central governing bodies by relevant services . . . . . . 7
170C Use and disclosure of URL data by chief executive . . 8
170D Disclosure of URL data to Australian Bureau of
Statistics and Australian Institute of Health and
Welfare .............................. 8
170E Recording, use and disclosure of URL data by
authorised officer of central governing body . . . . . . . 9
6 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 3 Amendment of Education (General Provisions) Act 2006
7 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
8 Amendment of s 53 (When fee for distance education is not
payable) ........................................ 11
9 Amendment of s 200 (Child's exclusion or suspension) . . . . . . . . 11
10 Amendment of s 237 (Suspension or exclusion) . . . . . . . . . . . . . 11
11 Insertion of new ch 12, pt 3, div 1A . . . . . . . . . . . . . . . . . . . . . . . 11
Division 1A Exclusion of students by principals
288A Principal's power to exclude student . . . . . . . . . . . . . 12
Education and Training Legislation Amendment Bill 2010
Contents
288B Grounds for exclusion of student by principal. . . . . . . 12
288C Notice proposing exclusion and suspension pending
final decision about exclusion. . . . . . . . . . . . . . . . . . . 12
288D Continuing education during suspension . . . . . . . . . . 14
288E Submissions against proposed exclusion and
suspension ............................. 14
288F Exclusion of student by principal . . . . . . . . . . . . . . . . 15
288G Decision not to exclude student . . . . . . . . . . . . . . . . . 16
288H Effect of exclusion on enrolment . . . . . . . . . . . . . . . . 17
12 Amendment of s 290 (Suspension pending dealing with
recommendation for exclusion) . . . . . . . . . . . . . . . . . . . . . . . . . . 17
13 Amendment of s 292 (Submissions against suspension and
recommendation for exclusion) . . . . . . . . . . . . . . . . . . . . . . . . . . 18
14 Amendment of s 293 (Exclusion of student by principal's
supervisor) ..................................... 19
15 Amendment of s 294 (Decision not to exclude student) . . . . . . . . 19
16 Amendment of s 311 (Application of div 5). . . . . . . . . . . . . . . . . . 19
17 Amendment of s 312 (Submission against exclusion decision) . . 19
18 Amendment of s 313 (Dealing with submissions against
exclusions) ..................................... 20
19 Amendment of s 314 (Periodic review of decision to exclude
permanently on ground mentioned in s 289 or 298--person
under 17 years) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
20 Amendment of s 315 (Periodic review of decision to exclude
permanently on ground mentioned in s 289 or 298--person
aged from 17 to 24 years) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
21 Amendment of s 324 (Imposition of behaviour improvement
condition by principal). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
22 Amendment of s 331 (Submissions, representations or
applications about suspensions etc.) . . . . . . . . . . . . . . . . . . . . . . 21
23 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 22
Part 4 Amendment of Vocational Education, Training and
Employment Act 2000
24 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
25 Amendment of s 19 (Definitions for ch 2) . . . . . . . . . . . . . . . . . . . 23
26 Amendment of s 20 (National register and national effect of
registration) ...................................... 23
Page 2
2010
A Bill
for
An Act to amend the Child Care Act 2002, the Education
(General Provisions) Act 2006 and the Vocational Education,
Training and Employment Act 2000 for particular purposes
Education and Training Legislation Amendment Bill 2010
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Education and Training 4
Legislation Amendment Act 2010. 5
Part 2 Amendment of Child Care Act 6
2002 7
Clause 2 Act amended 8
This part amends the Child Care Act 2002. 9
Clause 3 Amendment of s 87 (Confidentiality of records) 10
(1) Section 87(3)-- 11
insert-- 12
`(da) under part 9, division 3, subdivision 2; or'. 13
(2) Section 87(3)(da) and (e)-- 14
renumber as section 87(3)(e) and (f). 15
Clause 4 Insertion of new pt 9, div 3, sdiv 1 hdg 16
Part 9, division 3, before section 167-- 17
insert-- 18
`Subdivision 1 Requirements for persons involved 19
in administering this Act'. 20
Page 4
Education and Training Legislation Amendment Bill 2010
Part 2 Amendment of Child Care Act 2002
[s 5]
Clause 5 Insertion of new pt 9, div 3, sdiv 2 1
Part 9, division 3, after section 170-- 2
insert-- 3
`Subdivision 2 Use and disclosure of URL data 4
relating to approved kindergarten 5
programs 6
`170A Definitions for sdiv 2 7
`In this subdivision-- 8
approved kindergarten program means a program provided 9
by a licensed centre based service for which the service 10
receives kindergarten program funding from the department 11
or a central governing body. 12
authorised officer, of a central governing body, means an 13
employee or officer of the central governing body who is 14
authorised in writing by the chief executive to receive, use and 15
disclose URL data for the purposes of this subdivision. 16
central governing body means an entity, prescribed under a 17
regulation, that receives funding from the department for an 18
approved kindergarten program provided by 1 or more 19
relevant services to which the entity provides all or part of the 20
funding. 21
disability includes a condition attributable to-- 22
(a) a physical, intellectual, hearing, vision or 23
speech-language impairment, or a developmental delay; 24
or 25
(b) an autistic spectrum disorder; or 26
(c) a combination of impairments mentioned in paragraph 27
(a), a developmental delay or an autistic spectrum 28
disorder. 29
relevant service means a licensed centre based service that 30
provides an approved kindergarten program. 31
Page 5
Education and Training Legislation Amendment Bill 2010
Part 2 Amendment of Child Care Act 2002
[s 5]
URL data means-- 1
(a) the following information about a child who is enrolled 2
at a relevant service in an approved kindergarten 3
program-- 4
(i) the child's name, date of birth and gender; 5
(ii) the address of the child's primary residence; 6
(iii) whether the child identifies, or has a parent or 7
guardian who identifies, as being of Aboriginal or 8
Torres Strait Islander descent; 9
(iv) if the primary language of the child, or, if the child 10
has not learned to speak, the child's family, is not 11
English--the primary language of the child or the 12
child's family; 13
(v) whether the child, or a parent or guardian of the 14
child, holds a health care card under the Social 15
Security Act 1991 (Cwlth); 16
(vi) whether the child-- 17
(A) has been diagnosed by a health practitioner 18
as having, or is suspected by a health 19
practitioner of having, a disability or 20
long-term medical condition; and 21
(B) needs additional assistance because of the 22
disability or medical condition; 23
(vii) the number of hours for which the child attended 24
an approved kindergarten program during a 25
particular period; or 26
(b) the following information about a staff member of a 27
relevant service who delivers an approved kindergarten 28
program-- 29
(i) the staff member's name; 30
(ii) for a qualification in early childhood studies or 31
child care studies held by the staff member-- 32
(A) the name of the qualification; and 33
Page 6
Education and Training Legislation Amendment Bill 2010
Part 2 Amendment of Child Care Act 2002
[s 5]
(B) the date on which the qualification was 1
issued; and 2
(C) the institution that issued the qualification; 3
(iii) whether the staff member holds full registration or 4
provisional registration under the Education 5
(Queensland College of Teachers) Act 2005 and, if 6
so, the staff member's identification number under 7
that Act; 8
(iv) whether the staff member identifies as being of 9
Aboriginal or Torres Strait Islander descent; 10
(v) if the primary language of the staff member is not 11
English--the primary language of the staff 12
member; or 13
(c) other information about a child or staff member 14
mentioned in paragraph (a) or (b) that is prescribed 15
under a regulation. 16
`170B Disclosure of URL data to chief executive and 17
central governing bodies by relevant services 18
`(1) An authorised person for a relevant service may disclose URL 19
data to-- 20
(a) for a CGB service--an authorised officer of the central 21
governing body; or 22
(b) for another relevant service--the chief executive. 23
`(2) An authorised officer of a central governing body may 24
disclose URL data received under this section to the chief 25
executive. 26
`(3) In this section-- 27
authorised person, for a relevant service, means the 28
following-- 29
(a) the licensee of the relevant service; 30
(b) a staff member of the relevant service; 31
Page 7
Education and Training Legislation Amendment Bill 2010
Part 2 Amendment of Child Care Act 2002
[s 5]
(c) an employee of the licensee of the relevant service who 1
administers URL data in the course of performing the 2
employee's duties. 3
CGB service means a relevant service that-- 4
(a) receives funding from a central governing body for an 5
approved kindergarten program; and 6
(b) has been directed in writing by the central governing 7
body to disclose URL data to it for the purpose of this 8
section. 9
`170C Use and disclosure of URL data by chief executive 10
`(1) The chief executive may use URL data received under this 11
subdivision for the following purposes-- 12
(a) quality assuring of funding provided to relevant services 13
and central governing bodies for approved kindergarten 14
programs; 15
(b) planning for, monitoring of outcomes of, and reporting 16
on, early childhood initiatives; 17
(c) preparing the data for disclosure under section 170D. 18
`(2) For the purpose of subsection (1)(a), the chief executive may 19
disclose URL data, including URL data that has been 20
aggregated, to an authorised officer of a central governing 21
body. 22
`(3) For subsection (1)(b), URL data may be reported only if it has 23
been aggregated and does not identify, directly or indirectly, 24
any person to whom it relates. 25
`170D Disclosure of URL data to Australian Bureau of 26
Statistics and Australian Institute of Health and 27
Welfare 28
`(1) The chief executive may disclose URL data to a prescribed 29
entity for the purpose of meeting Queensland's obligations 30
under the early childhood data agreement. 31
Page 8
Education and Training Legislation Amendment Bill 2010
Part 2 Amendment of Child Care Act 2002
[s 5]
`(2) A prescribed entity that receives URL data under this section 1
must ensure the data is collected, stored and used in a way that 2
ensures the privacy of the persons to whom it relates is 3
protected. 4
`(3) In this section-- 5
early childhood data agreement means the agreement 6
between the Commonwealth and the States called the 7
`National information agreement on early childhood 8
education and care', signed on behalf of the Queensland 9
Government by the chief executive on 19 February 2010. 10
prescribed entity means-- 11
(a) the Australian Bureau of Statistics; or 12
(b) the Australian Institute of Health and Welfare 13
established under the Australian Institute of Health and 14
Welfare Act 1987 (Cwlth). 15
`170E Recording, use and disclosure of URL data by 16
authorised officer of central governing body 17
`(1) An authorised officer of a central governing body may use 18
URL data received under this subdivision for the following 19
purposes-- 20
(a) quality assuring and distributing funding received from 21
the department for approved kindergarten programs; 22
(b) planning, developing and implementing services for 23
children, parents and guardians; 24
(c) planning, developing and implementing professional 25
development programs for staff members of relevant 26
services; 27
(d) implementing curriculum development initiatives; 28
(e) reporting on the central governing body's performance. 29
`(2) For subsection (1)(e), URL data may be reported only if it has 30
been aggregated and does not identify, directly or indirectly, 31
any person to whom it relates. 32
Page 9
Education and Training Legislation Amendment Bill 2010
Part 2 Amendment of Child Care Act 2002
[s 6]
`(3) A person who is or has been an authorised officer of a central 1
governing body and who receives or received URL data under 2
this subdivision must not-- 3
(a) record or use the data, or intentionally disclose the data 4
to anyone, other than under this section or section 5
170B(2); or 6
(b) recklessly disclose the data to anyone. 7
Maximum penalty--100 penalty units.'. 8
Clause 6 Amendment of sch 2 (Dictionary) 9
Schedule 2-- 10
insert-- 11
`approved kindergarten program, for part 9, division 3, 12
subdivision 2, see section 170A. 13
authorised officer, for part 9, division 3, subdivision 2, see 14
section 170A. 15
central governing body, for part 9, division 3, subdivision 2, 16
see section 170A. 17
disability, for part 9, division 3, subdivision 2, see section 18
170A. 19
relevant service, for part 9, division 3, subdivision 2, see 20
section 170A. 21
URL data, for part 9, division 3, subdivision 2, see section 22
170A.'. 23
Page 10
Education and Training Legislation Amendment Bill 2010
Part 3 Amendment of Education (General Provisions) Act 2006
[s 7]
Part 3 Amendment of Education 1
(General Provisions) Act 2006 2
Clause 7 Act amended 3
This part amends the Education (General Provisions) Act 4
2006. 5
Clause 8 Amendment of s 53 (When fee for distance education is 6
not payable) 7
Section 53(1)(d)(i), after `section'-- 8
insert-- 9
`288F,'. 10
Clause 9 Amendment of s 200 (Child's exclusion or suspension) 11
Section 200(2)(a), after `286(2)'-- 12
insert-- 13
`, 288D'. 14
Clause 10 Amendment of s 237 (Suspension or exclusion) 15
(1) Section 237(2), after `division 1'-- 16
insert-- 17
`, 1A'. 18
(2) Section 237(2), after `286(2)'-- 19
insert-- 20
`, 288D'. 21
Clause 11 Insertion of new ch 12, pt 3, div 1A 22
Chapter 12, part 3-- 23
insert-- 24
Page 11
Education and Training Legislation Amendment Bill 2010
Part 3 Amendment of Education (General Provisions) Act 2006
[s 11]
`Division 1A Exclusion of students by principals 1
`288A Principal's power to exclude student 2
`The principal of a State school at which a student is enrolled 3
may, under this division, exclude the student from the school 4
if the principal is satisfied a ground mentioned in section 5
288B exists. 6
Note-- 7
The principal may, at any time before or after the student is excluded 8
from the school, also recommend to the principal's supervisor that the 9
student be excluded from certain other State schools under division 2. 10
`288B Grounds for exclusion of student by principal 11
`(1) Each of the following is a ground for excluding a student, 12
under this division, from a State school at which the student is 13
enrolled-- 14
(a) disobedience by the student; 15
(b) misconduct of the student; 16
(c) other conduct of the student that is prejudicial to the 17
good order and management of the school; 18
if the disobedience, misconduct or other conduct is so serious 19
that suspension of the student from the school is inadequate to 20
deal with the behaviour. 21
`(2) Also, a student may be excluded, under this division, from a 22
State school at which the student is enrolled because of the 23
student's contravention of a behaviour improvement 24
condition, for the student's challenging behaviour, imposed or 25
agreed to under division 8. 26
`288C Notice proposing exclusion and suspension pending 27
final decision about exclusion 28
`(1) This section applies if the principal of a State school at which 29
a student is enrolled-- 30
Page 12
Education and Training Legislation Amendment Bill 2010
Part 3 Amendment of Education (General Provisions) Act 2006
[s 11]
(a) is reasonably satisfied grounds exist to exclude the 1
student from the school; and 2
(b) does not reasonably believe it would be inappropriate 3
for the principal to make a decision to exclude the 4
student from the school. 5
Example-- 6
It would be inappropriate for the principal to make a decision to 7
exclude the student from the school if the principal would be 8
prevented from doing so by the principles of natural justice 9
relating to bias. 10
Note-- 11
If the principal can not act under this division because of 12
subsection (1)(b), the principal may make a recommendation to 13
the principal's supervisor under division 2 that the student be 14
excluded from the school. 15
`(2) The principal must-- 16
(a) give the student a notice (the notice proposing 17
exclusion) about the proposed exclusion of the student 18
from the school; and 19
(b) suspend the student from the school pending a final 20
decision about the proposed exclusion. 21
`(3) The notice proposing exclusion must state each of the 22
following-- 23
(a) the principal proposes to exclude the student from the 24
school for a stated period of not more than 1 year or 25
permanently; 26
(b) the student is suspended from the school until a final 27
decision is made by the principal about the proposed 28
exclusion; 29
(c) the reason for the proposed exclusion; 30
(d) the student may make a submission to the principal 31
against the proposed exclusion and suspension no later 32
than 5 school days after the student is given the notice or 33
within the longer period allowed by the principal under 34
section 288E(4); 35
Page 13
Education and Training Legislation Amendment Bill 2010
Part 3 Amendment of Education (General Provisions) Act 2006
[s 11]
(e) the title, name and address of the principal; 1
(f) the way in which the submission may be made. 2
`(4) If the student is a child, as soon as practicable after giving the 3
student the notice proposing exclusion, the principal must 4
take reasonable steps to meet with a parent of the student to 5
discuss the student's behaviour that led to the giving of the 6
notice. 7
`(5) Subsection (4) does not apply if the principal is satisfied it 8
would be inappropriate in the circumstances to meet with a 9
parent of the student to discuss the student's behaviour that 10
led to the giving of the notice. 11
Example-- 12
It may be inappropriate to meet with a parent of the student to discuss 13
the student's behaviour that led to the giving of the notice if the student 14
is living independently of his or her parents. 15
`(6) If subsection (5) applies-- 16
(a) the principal must take reasonable steps to meet with the 17
student to discuss the student's behaviour that led to the 18
giving of the notice; and 19
(b) the student may be accompanied by an adult during the 20
meeting. 21
`288D Continuing education during suspension 22
`If the principal suspends the student from the school under 23
section 288C, the principal must arrange for the student's 24
access to an educational program that allows the student to 25
continue with the student's education during the suspension. 26
`288E Submissions against proposed exclusion and 27
suspension 28
`(1) The student may make a submission against the proposed 29
exclusion and suspension of the student from the school in the 30
way stated in the notice proposing exclusion given to the 31
student. 32
Page 14
Education and Training Legislation Amendment Bill 2010
Part 3 Amendment of Education (General Provisions) Act 2006
[s 11]
`(2) The submission must-- 1
(a) be made to the principal no later than 5 school days after 2
the student is given the notice proposing exclusion; and 3
(b) state fully the grounds for the submission and the facts 4
relied on. 5
`(3) Subsection (4) applies if, within 5 school days after the 6
student is given the notice, the student or another person who 7
may make a submission in relation to the notice asks the 8
principal for a longer period to make the submission. 9
Note-- 10
If the student is a child, a parent of the child may make a submission in 11
relation to the notice--see section 331. 12
`(4) The principal may, by notice given to the student or other 13
person, state a longer period allowed for submissions. 14
`288F Exclusion of student by principal 15
`(1) This section applies if-- 16
(a) the period of 5 school days after the day the student was 17
given the notice proposing exclusion, or the longer 18
period allowed by the principal under section 288E(4), 19
has expired; and 20
(b) the principal has considered any submissions made 21
under section 288E; and 22
(c) the principal is reasonably satisfied a ground exists to 23
exclude the student from the school. 24
`(2) The principal must, no later than 20 school days after the day 25
the student was given the notice proposing exclusion, exclude 26
the student from the school for a period of not more than 1 27
year or permanently. 28
`(3) If the principal decides to exclude the student from the school, 29
the principal must give the student a notice stating each of the 30
following-- 31
Page 15
Education and Training Legislation Amendment Bill 2010
Part 3 Amendment of Education (General Provisions) Act 2006
[s 11]
(a) the student is excluded from the school for a stated 1
period of not more than 1 year or permanently; 2
(b) the reason for the exclusion; 3
(c) the student may make a submission to the chief 4
executive asking the chief executive to review the 5
decision under division 5; 6
(d) the title, name and address of the chief executive; 7
(e) the way in which the submission may be made. 8
`(4) The principal may not decide to exclude the student from the 9
school for a period longer than the period of the proposed 10
exclusion stated in the notice proposing exclusion given to the 11
student. 12
`288G Decision not to exclude student 13
`(1) If the principal decides not to exclude the student from the 14
school, the principal must-- 15
(a) as soon as practicable, tell the student-- 16
(i) about the decision; and 17
(ii) that the suspension has ended and the student may 18
resume attendance at the school; and 19
(b) within 7 days after telling the student about the 20
decision--give the student notice about the decision and 21
the reasons for the decision. 22
`(2) If the principal decides not to exclude the student from the 23
school on the ground mentioned in section 288B(2), the 24
student's resumed attendance at the school remains subject to 25
the student complying with the relevant behaviour 26
improvement condition for the student's challenging 27
behaviour. 28
Page 16
Education and Training Legislation Amendment Bill 2010
Part 3 Amendment of Education (General Provisions) Act 2006
[s 12]
`288H Effect of exclusion on enrolment 1
`If a student is excluded under this division from a State 2
school at which the student is enrolled, the enrolment is taken 3
to be cancelled.'. 4
Clause 12 Amendment of s 290 (Suspension pending dealing with 5
recommendation for exclusion) 6
(1) Section 290, heading-- 7
omit, insert-- 8
`290 Recommendation for exclusion and suspension pending 9
final decision about recommendation'. 10
(2) Section 290(1), from `from'-- 11
omit, insert-- 12
`from-- 13
(a) if division 1A does not apply because of section 14
288C(1)(b)--the State school at which the student is 15
enrolled; or 16
(b) certain State schools.'. 17
(3) Section 290(2)(b)-- 18
omit, insert-- 19
`(b) if the student is enrolled at the school--suspend the 20
student from the school pending the supervisor's 21
decision about the recommendation.'. 22
(4) Section 290-- 23
insert-- 24
`(2A) Without limiting this section, the principal may make a 25
recommendation under subsection (2)(a) that a previously 26
excluded student be excluded from certain other State schools 27
for a stated period of not more than 1 year or permanently.'. 28
(5) Section 290(3)(b)-- 29
omit, insert-- 30
Page 17
Education and Training Legislation Amendment Bill 2010
Part 3 Amendment of Education (General Provisions) Act 2006
[s 13]
`(b) if the student is suspended from the school at which the 1
student is enrolled--the student is suspended from the 2
school pending the supervisor's decision about the 3
recommendation; and'. 4
(6) Section 290(3)(c), `the suspension and recommendation for 5
exclusion'-- 6
omit, insert-- 7
`the recommendation for exclusion and, if applicable, the 8
suspension'. 9
(7) Section 290-- 10
insert-- 11
`(8) In this section-- 12
previously excluded student means a student who-- 13
(a) is excluded from the school under division 1A or this 14
division; and 15
(b) was enrolled at the school immediately before the 16
exclusion.'. 17
Clause 13 Amendment of s 292 (Submissions against suspension 18
and recommendation for exclusion) 19
(1) Section 292, heading-- 20
omit, insert-- 21
`292 Submissions against recommendation for exclusion and 22
suspension'. 23
(2) Section 292(1), `the suspension and recommendation for 24
exclusion'-- 25
omit, insert-- 26
`the recommendation for exclusion and, if applicable, the 27
suspension'. 28
(3) Section 292(3)-- 29
insert-- 30
Page 18
Education and Training Legislation Amendment Bill 2010
Part 3 Amendment of Education (General Provisions) Act 2006
[s 14]
`Note-- 1
If the student is a child, a parent of the child may make a submission in 2
relation to the notice--see section 331.'. 3
Clause 14 Amendment of s 293 (Exclusion of student by principal's 4
supervisor) 5
Section 293(1)(b)(i), `the suspension and recommendation for 6
exclusion'-- 7
omit, insert-- 8
`the recommendation for exclusion and, if applicable, the 9
suspension'. 10
Clause 15 Amendment of s 294 (Decision not to exclude student) 11
(1) Section 294(1) and (2)(a)(ii), `resume attendance at'-- 12
omit, insert-- 13
`attend'. 14
(2) Section 294(2)(a)(ii), after `suspension'-- 15
insert-- 16
`, if applicable,'. 17
Clause 16 Amendment of s 311 (Application of div 5) 18
Section 311, after `section'-- 19
insert-- 20
`288F,'. 21
Clause 17 Amendment of s 312 (Submission against exclusion 22
decision) 23
Section 312(2)(a), after `section'-- 24
insert-- 25
`288F,'. 26
Page 19
Education and Training Legislation Amendment Bill 2010
Part 3 Amendment of Education (General Provisions) Act 2006
[s 18]
Clause 18 Amendment of s 313 (Dealing with submissions against 1
exclusions) 2
Section 313(2), after `section'-- 3
insert-- 4
`288F,'. 5
Clause 19 Amendment of s 314 (Periodic review of decision to 6
exclude permanently on ground mentioned in s 289 or 7
298--person under 17 years) 8
(1) Section 314, heading, after `in s'-- 9
insert-- 10
`288B,'. 11
(2) Section 314(1), before paragraph (a)-- 12
insert-- 13
`(aa) a person under 17 years who is excluded permanently 14
from a State school at which the person was enrolled 15
immediately before the exclusion on a ground 16
mentioned in section 288B(1) or (2); or'. 17
(3) Section 314(1)(aa) to (c)-- 18
renumber as section 314(1)(a) to (d). 19
(4) Section 314(7)(a), after `section'-- 20
insert-- 21
`288B(1) or'. 22
(5) Section 314(7)(b), after `section'-- 23
insert-- 24
`288B(2) or'. 25
Clause 20 Amendment of s 315 (Periodic review of decision to 26
exclude permanently on ground mentioned in s 289 or 27
298--person aged from 17 to 24 years) 28
(1) Section 315, heading, after `in s'-- 29
Page 20
Education and Training Legislation Amendment Bill 2010
Part 3 Amendment of Education (General Provisions) Act 2006
[s 21]
insert-- 1
`288B,'. 2
(2) Section 315(1), before paragraph (a)-- 3
insert-- 4
`(aa) a person aged from 17 to 24 years who is excluded 5
permanently from a State school at which the person 6
was enrolled immediately before the exclusion on a 7
ground mentioned in section 288B(1) or (2); or'. 8
(3) Section 315(1)(aa) to (c)-- 9
renumber as section 315(1)(a) to (d). 10
(4) Section 315(5)(a), after `section'-- 11
insert-- 12
`288B(1) or'. 13
(5) Section 315(5)(b), after `section'-- 14
insert-- 15
`288B(2) or'. 16
Clause 21 Amendment of s 324 (Imposition of behaviour 17
improvement condition by principal) 18
Section 324(1), from `basis for'-- 19
omit, insert-- 20
`basis for-- 21
(a) a ground for excluding the student from the school 22
mentioned in section 288B(1); or 23
(b) a ground for excluding the student from the school or 24
certain State schools mentioned in section 289(1).'. 25
Clause 22 Amendment of s 331 (Submissions, representations or 26
applications about suspensions etc.) 27
Section 331(1)-- 28
Page 21
Education and Training Legislation Amendment Bill 2010
Part 3 Amendment of Education (General Provisions) Act 2006
[s 23]
omit, insert-- 1
`(1) This section applies if-- 2
(a) under a provision of this part, a student or prospective 3
student may make a submission, representations or an 4
application in relation to any of the following-- 5
(i) a suspension under division 1; 6
(ii) a proposed exclusion and suspension under 7
division 1A; 8
(iii) a recommendation for exclusion and, if applicable, 9
suspension under division 2; 10
(iv) an exclusion or a cancellation of enrolment; 11
(v) a behaviour improvement condition under division 12
8; and 13
(b) the student or prospective student is a child.'. 14
Clause 23 Amendment of sch 4 (Dictionary) 15
(1) Schedule 4-- 16
insert-- 17
`notice proposing exclusion see section 288C(2)(a).'. 18
(2) Schedule 4, definition external program, paragraph (a), after 19
`286(2)'-- 20
insert-- 21
`, 288D'. 22
Page 22
Education and Training Legislation Amendment Bill 2010
Part 4 Amendment of Vocational Education, Training and Employment Act 2000
[s 24]
Part 4 Amendment of Vocational 1
Education, Training and 2
Employment Act 2000 3
Clause 24 Act amended 4
This part amends the Vocational Education, Training and 5
Employment Act 2000. 6
Clause 25 Amendment of s 19 (Definitions for ch 2) 7
(1) Section 19-- 8
insert-- 9
`skill set means a unit of competency, or a combination of 10
units of competency, that links to a licensing or regulatory 11
requirement or a particular industry need.'. 12
(2) Section 19, definition statement of attainment, paragraph (b), 13
after `competency'-- 14
insert-- 15
`, or skill sets,'. 16
Clause 26 Amendment of s 20 (National register and national effect 17
of registration) 18
(1) Section 20(1), `National Training Information Service'-- 19
omit, insert-- 20
`register of vocational education and training matters'. 21
(2) Section 20-- 22
insert-- 23
`(3) In this section-- 24
vocational education and training matters includes the 25
following-- 26
(a) training packages; 27
Page 23
Education and Training Legislation Amendment Bill 2010
Part 4 Amendment of Vocational Education, Training and Employment Act 2000
[s 26]
(b) qualifications; 1
(c) courses relating to vocational education and training; 2
(d) units of competency; 3
(e) registered training organisations.'. 4
© State of Queensland 2010\
Page 24
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