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Queensland
Education Legislation
Amendment Bill 2009
Queensland
Education Legislation Amendment Bill
2009
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Child Care Act 2002
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 49 (Licensee to give notice of revocation or
suspension of licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Insertion of new pt 2, div 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 9A Publication of information about decision to
amend, suspend, revoke or refuse to renew
licence
50B Non-application to school age care service . . . . . . . . 7
50C Publication of information . . . . . . . . . . . . . . . . . . . . . . 7
50D Information that must be published . . . . . . . . . . . . . . 7
50E When information may be published . . . . . . . . . . . . . 9
50F When published information must be amended . . . . . 9
50G Period of publication of information . . . . . . . . . . . . . . 10
6 Insertion of new ss 143A-143E . . . . . . . . . . . . . . . . . . . . . . . . . . 11
143A Publication of information about compliance notices . 11
143B Information that must be published . . . . . . . . . . . . . . 12
143C When information may be published . . . . . . . . . . . . . 13
143D When published information must be amended . . . . . 13
143E Period of publication of information . . . . . . . . . . . . . . 14
7 Amendment of s 163 (Reviewable decisions). . . . . . . . . . . . . . . . 15
8 Amendment of s 164 (Chief executive must give notice after
making reviewable decision). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
9 Amendment of s 171 (Register) . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Education Legislation Amendment Bill 2009
Contents
10 Insertion of new s 171A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
171A Protection against actions for defamation or breach
of confidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
11 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 17
Part 3 Amendment of Education (General Provisions) Act 2006
12 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
13 Insertion of new ch 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Chapter 2A Recognised schools
Part 1 Preliminary
47A Definitions for ch 2A . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Part 2 Approval as a recognised school
47B Power to approve school as a recognised school . . . 18
47C Application for approval as a recognised school . . . . 18
47D Further information to support application . . . . . . . . . 18
47E Decision on application . . . . . . . . . . . . . . . . . . . . . . . 18
Part 3 Cancellation of approval
47F Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . 19
47G Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
47H Representations about show cause notice. . . . . . . . . 20
47I Ending show cause process without further action . . 20
47J Cancellation of approval . . . . . . . . . . . . . . . . . . . . . . . 21
Part 4 Miscellaneous
47K Application of Act to recognised schools . . . . . . . . . . 21
14 Amendment of s 426 (Confidentiality) . . . . . . . . . . . . . . . . . . . . . 21
15 Amendment sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Part 4 Amendment of Education (Queensland Studies Authority)
Act 2002
16 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
17 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
18 Amendment of s 3 (Objects of Act) . . . . . . . . . . . . . . . . . . . . . . . 23
19 Insertion of new s 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
7A Application of div 2 to recognised schools . . . . . . . . . 23
20 Replacement of ss 8 and 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
8 Development and purchase functions . . . . . . . . . . . . 24
9 Accreditation function . . . . . . . . . . . . . . . . . . . . . . . . . 25
21 Amendment of s 11 (Assessment functions) . . . . . . . . . . . . . . . . 25
Page 2
Education Legislation Amendment Bill 2009
Contents
22 Amendment of s 12 (Moderation function) . . . . . . . . . . . . . . . . . . 25
23 Amendment of s 13 (Certification functions) . . . . . . . . . . . . . . . . 25
24 Amendment of s 14A (Student account functions) . . . . . . . . . . . . 26
25 Amendment of pt 2, div 4, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
26 Replacement of s 20 (Notification of approved or accredited
syllabus or preparatory guideline) . . . . . . . . . . . . . . . . . . . . . . . . 26
20 Notification of approved or accredited
syllabus or guideline ..................... 26
27 Insertion of new pt 2A, div 2, sdiv 1A . . . . . . . . . . . . . . . . . . . . . . 27
Subdivision 1A Accounts for students of recognised schools
21GA Who may have an account opened under sdiv 1A . . . 27
21GB Who may open an account. . . . . . . . . . . . . . . . . . . . . 27
21GC How an account is opened . . . . . . . . . . . . . . . . . . . . . 27
28 Insertion of new pt 2A, div 3, sdiv 1A . . . . . . . . . . . . . . . . . . . . . . 28
Subdivision 1A Obligation of recognised school to give
information
21OA Obligation to notify enrolment. . . . . . . . . . . . . . . . . . . 28
21OB Obligation to notify results . . . . . . . . . . . . . . . . . . . . . 28
21OC Obligation to notify other matters . . . . . . . . . . . . . . . . 29
21OD Authority to record information in account . . . . . . . . . 30
29 Amendment of s 21S (Use by authority and disclosure to
providers for verification) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
30 Amendment of s 21T (Disclosure to providers, or their agents,
for other purposes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
31 Amendment of s 21V (Disclosure to person for whom account
is kept and the person's parents) . . . . . . . . . . . . . . . . . . . . . . . . . 32
32 Amendment of s 21Z (Closing student account) . . . . . . . . . . . . . 32
33 Amendment of s 21ZB (Confidentiality) . . . . . . . . . . . . . . . . . . . . 33
34 Amendment of s 23 (Minister's power to give directions in the
public interest) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
35 Insertion of new s 23A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
23A Minister's power to give directions about intellectual
property ............................. 34
36 Amendment of s 55 (Delegation by authority) . . . . . . . . . . . . . . . 35
37 Amendment of s 79 (Regulation-making power) . . . . . . . . . . . . . 35
38 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 35
Part 5 Amendment of University of Queensland Act 1998
39 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Page 3
Education Legislation Amendment Bill 2009
Contents
40 Insertion of new pt 8, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 3 Expiry of statutes
72 Expiry of statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Page 4
2009
A Bill
for
An Act to amend the Child Care Act 2002, the Education
(General Provisions) Act 2006, the Education (Queensland
Studies Authority) Act 2002 and the University of Queensland
Act 1998 for particular purposes
Education Legislation Amendment Bill 2009
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 Legislation 4
Amendment Act 2009. 5
Clause 2 Commencement 6
Part 2 commences on 1 February 2010. 7
Part 2 Amendment of Child Care Act 8
2002 9
Clause 3 Act amended 10
This part amends the Child Care Act 2002. 11
Clause 4 Amendment of s 49 (Licensee to give notice of revocation 12
or suspension of licence) 13
(1) Section 49(4) to (7)-- 14
renumber as section 49(5) to (8). 15
(2) Section 49-- 16
insert-- 17
`(4) A notice given under subsection (3) must include the reasons 18
given in the chief executive's notice for revoking or 19
suspending the licence.'. 20
Page 6
Education Legislation Amendment Bill 2009
Part 2 Amendment of Child Care Act 2002
[s 5]
Clause 5 Insertion of new pt 2, div 9A 1
Part 2, after section 50A-- 2
insert-- 3
`Division 9A Publication of information about 4
decision to amend, suspend, revoke 5
or refuse to renew licence 6
`50B Non-application to school age care service 7
`This division does not apply to a school age care service. 8
`50C Publication of information 9
`(1) This section applies if the chief executive, in relation to the 10
licence of a child care service, takes one of the following 11
actions-- 12
(a) under section 21, refuses to renew the licence; 13
(b) under section 42, other than under section 42(5), 14
amends the licence; 15
(c) under section 43, urgently amends the licence; 16
(d) under section 45, other than section 45(7), suspends or 17
revokes the licence; 18
(e) under section 46, urgently suspends the licence. 19
`(2) The chief executive must publish, on a publicly accessible 20
website of the department, the information mentioned in 21
section 50D about the action taken. 22
`(3) Subsection (2) is subject to section 50E. 23
`50D Information that must be published 24
`(1) For section 50C(2), the following information must be 25
published-- 26
Page 7
Education Legislation Amendment Bill 2009
Part 2 Amendment of Child Care Act 2002
[s 5]
(a) if the licence is for a centre based service-- 1
(i) the address of the child care centre; and 2
(ii) the name by which the centre is known; 3
(b) if the licence is for a home based service-- 4
(i) the address of the home based service; and 5
(ii) the name by which the service is known; 6
(c) the action taken by the chief executive; 7
(d) the chief executive's reason for taking the action. 8
`(2) Subsection (1)(b)(i) does not apply if the address of the home 9
based service is also the home address of a carer in the 10
service. 11
`(3) The following information must also be published in relation 12
to the action taken-- 13
(a) for a refusal under section 21 to renew the licence--the 14
day on which the licence expired; 15
(b) for an amendment of the licence under section 42, other 16
than under section 42(5)-- 17
(i) the details of the amendment; and 18
(ii) the day on which the amendment had effect; 19
(c) for an urgent amendment of the licence under section 20
43-- 21
(i) the details of the amendment; and 22
(ii) the day on which the amendment had effect and the 23
day on which it ceases to have effect; 24
(d) for a suspension of the licence under section 45, other 25
than section 45(7)--the day on which the suspension 26
had effect and the day on which it ends; 27
(e) for an urgent suspension of the licence under section 28
46--the day on which the suspension had effect and the 29
day on which it ends; 30
Page 8
Education Legislation Amendment Bill 2009
Part 2 Amendment of Child Care Act 2002
[s 5]
(f) for a revocation of the licence under section 45, other 1
than section 45(7)--the day on which the revocation had 2
effect. 3
`50E When information may be published 4
`(1) The chief executive must not publish the information until the 5
end of the period within which the licensee may apply for a 6
review of the chief executive's decision to take the action 7
mentioned in section 50C(1). 8
`(2) If the licensee applies for a review of the chief executive's 9
decision-- 10
(a) the chief executive must not publish the information 11
until the application is finally dealt with or otherwise 12
ends; and 13
(b) if the application for review is finally dealt with, the 14
chief executive may publish the information only to the 15
extent the information is consistent with the decision on 16
review. 17
`(3) In this section-- 18
licensee includes a person whose licence has been suspended 19
or revoked. 20
`50F When published information must be amended 21
`(1) Subsection (2) applies if-- 22
(a) information about the suspension, or urgent suspension, 23
of a licence was published under section 50C(2); and 24
(b) the suspension has been lifted. 25
`(2) The chief executive must amend the published information to 26
include the following information-- 27
(a) the suspension of the licence has been lifted; 28
(b) the day the suspension was lifted. 29
Page 9
Education Legislation Amendment Bill 2009
Part 2 Amendment of Child Care Act 2002
[s 5]
`50G Period of publication of information 1
`(1) The chief executive must ensure information published under 2
section 50C(2) remains on the department's website until the 3
day that is 3 years after the day it is published. 4
`(2) However, if the licence to which the information relates is 5
transferred to another person before the day mentioned in 6
subsection (1), the chief executive must remove the 7
information from the website as soon as practicable after the 8
transfer takes effect. 9
`(3) Subsection (2) does not apply in any of the following 10
circumstances-- 11
(a) if-- 12
(i) before the transfer, the licence was held by a 13
corporation; and 14
(ii) after the transfer, a person who is or was an 15
executive officer of the corporation is-- 16
(A) the person, or one of the persons, to whom 17
the licence was transferred; or 18
(B) an executive officer of a corporation to 19
whom the licence was transferred; 20
(b) if-- 21
(i) before the transfer, the licence was held by an 22
individual; and 23
(ii) after the transfer, the individual is-- 24
(A) one of the persons to whom the licence was 25
transferred; or 26
(B) an executive officer of a corporation to 27
whom the licence was transferred; 28
(c) if-- 29
(i) before the transfer, the licence was held by a group 30
of persons; and 31
(ii) after the transfer, one of the persons is-- 32
Page 10
Education Legislation Amendment Bill 2009
Part 2 Amendment of Child Care Act 2002
[s 6]
(A) the person, or one of the persons, to whom 1
the licence was transferred; or 2
(B) an executive officer of a corporation to 3
whom the licence was transferred.'. 4
Clause 6 Insertion of new ss 143A-143E 5
Part 7, division 2, after section 143-- 6
insert-- 7
`143A Publication of information about compliance notices 8
`(1) This section applies if-- 9
(a) an authorised officer gives a compliance notice under 10
section 142 to a person who is-- 11
(i) the licensee of a child care service; or 12
(ii) a person conducting a stand alone service; and 13
(b) within 3 years after the day the notice is given to the 14
person, an authorised officer gives another compliance 15
notice to the person; and 16
(c) in each case, the authorised officer is reasonably 17
satisfied that, because of the non-compliance to which 18
the notice relates, there is more than a minor risk to the 19
wellbeing and safety of children being provided with 20
child care. 21
Examples of minor risk-- 22
· inadequate play equipment 23
· minor build-up of dirt and grime 24
· minor irregularities in record-keeping, for example, out of 25
date records of name, address or telephone numbers of some 26
staff members 27
Examples of more than a minor risk-- 28
· uneven ground in outdoor play areas that may pose a 29
significant tripping hazard 30
· significant breaches in group sizes or staffing levels 31
· inadequate or compacted soft fall in play areas 32
Page 11
Education Legislation Amendment Bill 2009
Part 2 Amendment of Child Care Act 2002
[s 6]
`(2) The chief executive must publish, on a publicly accessible 1
website of the department, the information mentioned in 2
section 143B about the compliance notices. 3
`(3) Subsection (2) is subject to section 143C. 4
`(4) In this section-- 5
child care service does not include a school age care service. 6
`143B Information that must be published 7
`(1) For section 143A(2), the following information must be 8
published-- 9
(a) for a compliance notice given to the licensee of a centre 10
based service-- 11
(i) the address of the child care centre; and 12
(ii) the name by which the centre is known; 13
(b) for a compliance notice given to the licensee of a home 14
based service-- 15
(i) the address of the home based service; and 16
(ii) the name by which the service is known; 17
(c) for a compliance notice given to a person conducting a 18
stand alone service--the name under which the service 19
is conducted; 20
(d) details of the authorised officer's reasons for giving the 21
compliance notice; 22
(e) the steps the authorised officer reasonably believes are 23
necessary to remedy the contravention, or to avoid 24
further contravention, of the provision; 25
(f) the day by which the compliance notice states that the 26
person given the notice must remedy the contravention. 27
`(2) Subsection (1)(b)(i) does not apply if the address of the home 28
based service is also the home address of a carer in the 29
service. 30
Page 12
Education Legislation Amendment Bill 2009
Part 2 Amendment of Child Care Act 2002
[s 6]
`(3) The details of the reasons for giving the compliance notice 1
must include the following-- 2
(a) the provision of this Act the authorised officer believes 3
the person is contravening or has contravened; 4
(b) the way in which the provision is being, or has been, 5
contravened; 6
(c) the day or days on which the authorised officer became 7
aware of the contravention. 8
`143C When information may be published 9
`(1) The chief executive must not publish the information until the 10
end of the period within which the person given the 11
compliance notice may apply for a review of the authorised 12
officer's decision to give the notice. 13
`(2) If the person applies for a review of the authorised officer's 14
decision-- 15
(a) the chief executive must not publish the information 16
until the application is finally dealt with or otherwise 17
ends; and 18
(b) if the application for review is finally dealt with, the 19
chief executive may publish the information only to the 20
extent the information is consistent with the decision on 21
review. 22
`143D When published information must be amended 23
`(1) Subsection (2) applies if-- 24
(a) information about a compliance notice given to a person 25
under section 142 was published under section 143A(2); 26
and 27
(b) the person has taken the steps stated in the notice to 28
remedy the contravention, or to avoid further 29
contravention, of the provision. 30
Page 13
Education Legislation Amendment Bill 2009
Part 2 Amendment of Child Care Act 2002
[s 6]
`(2) The chief executive must amend the published information to 1
include the following information-- 2
(a) the person has taken the steps stated in the notice to 3
remedy the contravention, or to avoid further 4
contravention, of the provision; 5
(b) the day the authorised officer became aware the 6
contravention had been remedied. 7
`143E Period of publication of information 8
`(1) The chief executive must ensure information published under 9
section 143A(2) remains on the department's website until the 10
day that is 1 year after the day it is published. 11
`(2) However, if the information relates to a licence and the licence 12
is transferred to another person before the day mentioned in 13
subsection (1), the chief executive must remove the 14
information from the website as soon as practicable after the 15
transfer takes effect. 16
`(3) Subsection (2) does not apply in any of the following 17
circumstances-- 18
(a) if-- 19
(i) before the transfer, the licence was held by a 20
corporation; and 21
(ii) after the transfer, a person who is or was an 22
executive officer of the corporation is-- 23
(A) the person, or one of the persons, to whom 24
the licence was transferred; or 25
(B) an executive officer of a corporation to 26
whom the licence was transferred; 27
(b) if-- 28
(i) before the transfer, the licence was held by an 29
individual; and 30
(ii) after the transfer, the individual is-- 31
Page 14
Education Legislation Amendment Bill 2009
Part 2 Amendment of Child Care Act 2002
[s 7]
(A) one of the persons to whom the licence was 1
transferred; or 2
(B) an executive officer of a corporation to 3
whom the licence was transferred; 4
(c) if-- 5
(i) before the transfer, the licence was held by a group 6
of persons; and 7
(ii) after the transfer, one of the persons is-- 8
(A) the person, or one of the persons, to whom 9
the licence was transferred; or 10
(B) an executive officer of a corporation to 11
whom the licence was transferred.'. 12
Clause 7 Amendment of s 163 (Reviewable decisions) 13
Section 163(2), from `a decision reviewed if'-- 14
omit, insert-- 15
`either of the following decisions reviewed-- 16
(a) a decision on an application made by the person under a 17
regulation that states that the decision is a reviewable 18
decision for this section; 19
(b) a decision by an authorised officer to give a compliance 20
notice under section 142 if the compliance notice is a 21
notice mentioned in section 143A(1).'. 22
Clause 8 Amendment of s 164 (Chief executive must give notice 23
after making reviewable decision) 24
(1) Section 164, heading, after `Chief executive'-- 25
insert-- 26
`or authorised officer'. 27
(2) Section 164(1) and (2), after `chief executive'-- 28
Page 15
Education Legislation Amendment Bill 2009
Part 2 Amendment of Child Care Act 2002
[s 9]
insert-- 1
`or authorised officer'. 2
Clause 9 Amendment of s 171 (Register) 3
(1) Section 171(2)-- 4
insert-- 5
`(f) if information in relation to the licence has been 6
published under section 50C or 143A--the information 7
that has been published.'. 8
(2) Section 171(4)-- 9
renumber as section 171(6). 10
(3) Section 171-- 11
insert-- 12
`(4) Subsection (5) applies if information mentioned in subsection 13
(2)(f) is removed from the department's website under section 14
50G(2) or 143E(2). 15
`(5) The chief executive must ensure the information is removed 16
from the register as soon as practicable after its removal from 17
the website.'. 18
Clause 10 Insertion of new s 171A 19
After section 171-- 20
insert-- 21
`171A Protection against actions for defamation or breach 22
of confidence 23
`(1) This section applies if information is published on a publicly 24
accessible website of the department in the genuine belief that 25
publication is required under section 50C or 143A. 26
`(2) No action for defamation or breach of confidence lies against 27
the State or a person acting on behalf of the State because of 28
the publication.'. 29
Page 16
Education Legislation Amendment Bill 2009
Part 3 Amendment of Education (General Provisions) Act 2006
[s 11]
Clause 11 Amendment of sch 2 (Dictionary) 1
Schedule 2-- 2
insert-- 3
`authorised officer means a person appointed as an authorised 4
officer under section 111.'. 5
Part 3 Amendment of Education 6
(General Provisions) Act 2006 7
Clause 12 Act amended 8
This part amends the Education (General Provisions) Act 9
2006. 10
Clause 13 Insertion of new ch 2A 11
After section 47-- 12
insert-- 13
`Chapter 2A Recognised schools 14
`Part 1 Preliminary 15
`47A Definitions for ch 2A 16
`In this chapter-- 17
minimum eligibility criteria see section 47E(2). 18
recognised school means a school approved as a recognised 19
school under 47B. 20
Page 17
Education Legislation Amendment Bill 2009
Part 3 Amendment of Education (General Provisions) Act 2006
[s 13]
`Part 2 Approval as a recognised 1
school 2
`47B Power to approve school as a recognised school 3
`The Minister may approve a school as a recognised school. 4
`47C Application for approval as a recognised school 5
`(1) The governing body of a school may apply to the Minister for 6
approval as a recognised school. 7
`(2) The application must be in the approved form. 8
`47D Further information to support application 9
`(1) The Minister may, by notice given to the applicant, require the 10
applicant to give the Minister, within the reasonable time of at 11
least 14 days stated in the notice, further information the 12
Minister reasonably requires to decide the application. 13
`(2) The applicant is taken to have withdrawn the application if the 14
applicant does not comply with the requirement within the 15
stated time. 16
`47E Decision on application 17
`(1) The Minister must consider the application and either grant, 18
or refuse to grant, the application. 19
`(2) The Minister may grant the application only if the Minister is 20
satisfied the school meets the following criteria (the minimum 21
eligibility criteria)-- 22
(a) the school does not operate in Australia; 23
(b) the school is established and operates in a foreign 24
country; 25
Page 18
Education Legislation Amendment Bill 2009
Part 3 Amendment of Education (General Provisions) Act 2006
[s 13]
(c) if there is an entity in the foreign country responsible for 1
recognising schools, the school is recognised by that 2
entity; 3
(d) there is an agreement between the governing body of the 4
school and the State under which the governing body is 5
authorised to implement approved syllabuses for years 6
11 and 12 to its students. 7
`(3) In deciding the application, the Minister may make any 8
enquiries the Minister considers appropriate. 9
`(4) If the Minister decides to grant the application, the Minister 10
must as soon as practicable give the applicant notice of the 11
decision. 12
`(5) If the Minister decides to refuse to grant the application, the 13
Minister must as soon as practicable give the applicant notice 14
of the decision and the reasons for the decision. 15
`Part 3 Cancellation of approval 16
`47F Grounds for cancellation 17
`Each of the following is a ground for cancelling the approval 18
of a school as a recognised school-- 19
(a) the Minister's decision to grant the approval was based 20
on false or misleading information; 21
(b) the Minister is satisfied the school is not meeting the 22
minimum eligibility criteria. 23
`47G Show cause notice 24
`(1) If the Minister reasonably believes a ground exists for 25
cancelling the approval of a school as a recognised school, the 26
Minister must give the governing body of the school a notice 27
under this section (a show cause notice). 28
Page 19
Education Legislation Amendment Bill 2009
Part 3 Amendment of Education (General Provisions) Act 2006
[s 13]
`(2) The show cause notice must state the following-- 1
(a) that the Minister proposes to cancel the approval (the 2
proposed action); 3
(b) the ground for the proposed action; 4
(c) an outline of the facts and circumstances forming the 5
basis for the ground; 6
(d) an invitation to the governing body to show within a 7
stated period (the show cause period) why the proposed 8
action should not be taken. 9
`(3) The show cause period must be a period ending at least 30 10
days after the show cause notice is given to the governing 11
body. 12
`47H Representations about show cause notice 13
`(1) The governing body may make written representations about 14
the show cause notice to the Minister in the show cause 15
period. 16
`(2) The Minister must consider all written representations (the 17
accepted representations) made under subsection (1). 18
`47I Ending show cause process without further action 19
`If, after considering the accepted representations for the show 20
cause notice, the Minister no longer believes the ground exists 21
to cancel the approval, the Minister-- 22
(a) must not take further action about the show cause 23
notice; and 24
(b) must, as soon as practicable, give notice to the 25
governing body that no further action will be taken 26
about the show cause notice. 27
Page 20
Education Legislation Amendment Bill 2009
Part 3 Amendment of Education (General Provisions) Act 2006
[s 14]
`47J Cancellation of approval 1
`(1) This section applies if, after considering the accepted 2
representations if any for the show cause notice, the 3
Minister-- 4
(a) still believes the ground exists to cancel the approval; 5
and 6
(b) believes cancellation of the approval is warranted. 7
`(2) The Minister may decide to cancel the approval. 8
`(3) The Minister must, as soon as practicable, give notice to the 9
governing body of the decision and the reasons for the 10
decision. 11
`(4) The decision takes effect on the day the notice is given to the 12
governing body or on the later day stated in the notice. 13
`Part 4 Miscellaneous 14
`47K Application of Act to recognised schools 15
`This Act, other than this chapter, sections 426, 431 and 433 16
and the dictionary, does not apply to a recognised school.'. 17
Clause 14 Amendment of s 426 (Confidentiality) 18
(1) Section 426(3) and (4)-- 19
renumber as subsections (4) and (5). 20
(2) Section 426-- 21
insert-- 22
`(3) This section also applies to a person-- 23
(a) who is or has been the chief executive or a public service 24
employee in the department; and 25
Page 21
Education Legislation Amendment Bill 2009
Part 3 Amendment of Education (General Provisions) Act 2006
[s 15]
(b) who, in that capacity, has gained or has access to 1
personal information about a student, prospective 2
student or former student of a recognised school.'. 3
Clause 15 Amendment sch 4 (Dictionary) 4
(1) Schedule 4-- 5
insert-- 6
`approved syllabus see the Education (Queensland Studies 7
Authority) Act 2002, schedule 2. 8
minimum eligibility criteria see section 47A. 9
recognised school see section 47A.'. 10
(2) Schedule 4, definition accepted representations, before 11
paragraph (a)-- 12
insert-- 13
`(aa) for chapter 2A, part 3--see section 47H(2); or'. 14
(3) Schedule 4, definition show cause notice, before paragraph 15
(a)-- 16
insert-- 17
`(aa) for chapter 2A--see section 47G(1); or'. 18
(4) Schedule 4, definition show cause period, before paragraph 19
(a)-- 20
insert-- 21
`(aa) for chapter 2A--see section 47G(2)(d); or'. 22
Page 22
Education Legislation Amendment Bill 2009
Part 4 Amendment of Education (Queensland Studies Authority) Act 2002
[s 16]
Part 4 Amendment of Education 1
(Queensland Studies Authority) 2
Act 2002 3
Clause 16 Act amended 4
This part amends the Education (Queensland Studies 5
Authority) Act 2002. 6
Clause 17 Amendment of long title 7
Long title, `syllabuses and preparatory guidelines'-- 8
omit, insert-- 9
`syllabuses, preparatory guidelines and kindergarten 10
guidelines'. 11
Clause 18 Amendment of s 3 (Objects of Act) 12
Section 3(2)(b)(i) and (ii), `syllabuses and preparatory 13
guidelines'-- 14
omit, insert-- 15
`syllabuses, preparatory guidelines and kindergarten 16
guidelines'. 17
Clause 19 Insertion of new s 7A 18
After section 7-- 19
insert-- 20
`7A Application of div 2 to recognised schools 21
`This division applies to recognised schools to the extent 22
stated.'. 23
Clause 20 Replacement of ss 8 and 9 24
Sections 8 and 9-- 25
Page 23
Education Legislation Amendment Bill 2009
Part 4 Amendment of Education (Queensland Studies Authority) Act 2002
[s 20]
omit, insert-- 1
`8 Development and purchase functions 2
`(1) The authority has the following functions-- 3
(a) to develop and revise 1-12 syllabuses, preparatory 4
guidelines and kindergarten guidelines; 5
(b) to purchase and revise 1-12 syllabuses, preparatory 6
guidelines and kindergarten guidelines developed by 7
entities other than the authority; 8
(c) to approve 1-12 syllabuses and preparatory guidelines, 9
developed, purchased or revised by the authority, for 10
implementation at schools; 11
(d) to approve kindergarten guidelines, developed, 12
purchased or revised by the authority, for 13
implementation in child care services; 14
(e) to develop and revise documents to support the 15
implementation at schools of approved syllabuses or 16
approved preparatory guidelines; 17
(f) to develop and revise documents to support the 18
implementation in child care services of approved 19
kindergarten guidelines; 20
(g) to develop resources and services for the professional 21
development of teachers, in support of the 22
implementation at schools of approved syllabuses or 23
approved preparatory guidelines; 24
(h) to develop resources and services for the professional 25
development of carers in child care services in support 26
of the implementation in child care services of approved 27
kindergarten guidelines. 28
`(2) In performing its function to revise 1-12 syllabuses, 29
preparatory guidelines or kindergarten guidelines under 30
subsection (1)(b), the authority must exercise its powers 31
subject to the terms on which the syllabuses or guidelines 32
were purchased. 33
`(3) In this section-- 34
Page 24
Education Legislation Amendment Bill 2009
Part 4 Amendment of Education (Queensland Studies Authority) Act 2002
[s 21]
purchase, a syllabus or guideline, includes enter into an 1
agreement allowing the authority to approve the syllabus or 2
guideline for implementation at schools or in child care 3
services. 4
`9 Accreditation function 5
`The authority has the function to-- 6
(a) accredit 1-12 syllabuses and preparatory guidelines, 7
developed by entities other than the authority, for 8
implementation at schools; and 9
(b) accredit kindergarten guidelines, developed by entities 10
other than the authority, for implementation in child care 11
services.'. 12
Clause 21 Amendment of s 11 (Assessment functions) 13
Section 11-- 14
insert-- 15
`(4) The authority has the function mentioned in subsection (1) in 16
relation to recognised schools.'. 17
Clause 22 Amendment of s 12 (Moderation function) 18
Section 12-- 19
insert-- 20
`(2) The authority has the function mentioned in subsection (1) in 21
relation to recognised schools.'. 22
Clause 23 Amendment of s 13 (Certification functions) 23
Section 13-- 24
insert-- 25
`(4) The authority has the functions mentioned in subsection (1)(a) 26
in relation to recognised schools.'. 27
Page 25
Education Legislation Amendment Bill 2009
Part 4 Amendment of Education (Queensland Studies Authority) Act 2002
[s 24]
Clause 24 Amendment of s 14A (Student account functions) 1
(1) Section 14A(a)(ii), `subdivision 2'-- 2
omit, insert-- 3
`subdivision 1A or 2'. 4
(2) Section 14A-- 5
insert-- 6
`(2) The authority has the functions mentioned in subsection (1) in 7
relation to recognised schools.'. 8
Clause 25 Amendment of pt 2, div 4, hdg 9
Part 2, division 4, heading, `preparatory'-- 10
omit. 11
Clause 26 Replacement of s 20 (Notification of approved or 12
accredited syllabus or preparatory guideline) 13
Section 20-- 14
omit, insert-- 15
`20 Notification of approved or accredited 16
syllabus or guideline 17
`(1) This section applies if the authority-- 18
(a) approves a 1-12 syllabus, preparatory guideline or 19
kindergarten guideline developed, purchased or revised 20
by it under this Act; or 21
(b) accredits a 1-12 syllabus, preparatory guideline or 22
kindergarten guideline under this Act. 23
`(2) The authority must give notice about the approved or 24
accredited syllabus or guideline to-- 25
(a) the Minister; and 26
(b) for a 1-12 syllabus or preparatory guideline--the 27
governing body of each non-State school; and 28
Page 26
Education Legislation Amendment Bill 2009
Part 4 Amendment of Education (Queensland Studies Authority) Act 2002
[s 27]
(c) for a kindergarten guideline--each licensee of a child 1
care service other than a school age care service. 2
`(3) This section is subject to section 21.'. 3
Clause 27 Insertion of new pt 2A, div 2, sdiv 1A 4
Part 2A, division 2, after section 21G-- 5
insert-- 6
`Subdivision 1A Accounts for students of 7
recognised schools 8
`21GA Who may have an account opened under sdiv 1A 9
`A student account may be opened for a person who is 10
enrolled to undertake certification studies at a recognised 11
school. 12
`21GB Who may open an account 13
`A student account, for a person enrolled to undertake 14
certification studies at a recognised school, may be opened by 15
the school or by the chief executive. 16
`21GC How an account is opened 17
`A student account is opened for a person by giving notice to 18
the authority of the following-- 19
(a) the person's name and any previous names of the 20
person; 21
(b) the person's sex; 22
(c) the person's date of birth; 23
(d) the person's address; 24
(e) the person's phone number if the person consents to the 25
phone number being given to the authority; 26
Page 27
Education Legislation Amendment Bill 2009
Part 4 Amendment of Education (Queensland Studies Authority) Act 2002
[s 28]
(f) details of the certification studies in which the person is 1
enrolled when the notice is given to the authority; 2
(g) other information prescribed under a regulation.'. 3
Clause 28 Insertion of new pt 2A, div 3, sdiv 1A 4
Part 2A, division 3, after section 21O-- 5
insert-- 6
`Subdivision 1A Obligation of recognised school to 7
give information 8
`21OA Obligation to notify enrolment 9
`(1) This section applies if-- 10
(a) a person enrols in certification studies at a recognised 11
school; and 12
(b) a student account is open for the person; and 13
(c) the recognised school has the account number for the 14
person's student account. 15
`(2) The recognised school must give notice to the authority of the 16
following information-- 17
(a) the person's name; 18
(b) the account number for the person's student account; 19
(c) the person's address; 20
(d) the person's date of birth; 21
(e) the certification studies in which the person is enrolled; 22
(f) the date of the person's enrolment in the studies. 23
`21OB Obligation to notify results 24
`(1) A recognised school must give the authority result 25
information about a person who is or was enrolled in 26
certification studies at the school if-- 27
Page 28
Education Legislation Amendment Bill 2009
Part 4 Amendment of Education (Queensland Studies Authority) Act 2002
[s 28]
(a) a student account is open for the person; and 1
(b) the recognised school has the account number for the 2
person's student account. 3
`(2) The information must be given at the times, and in the way, 4
prescribed under a regulation. 5
`(3) In this section-- 6
qualifications, for certification studies, includes qualifications 7
conferred by an entity other than the recognised school. 8
result information, about a person, means each of the 9
following-- 10
(a) the results of the assessment of the person, for 11
certification studies, carried out by the recognised 12
school; 13
(b) when the results were achieved; 14
(c) any qualifications, for certification studies, that have 15
been conferred on the person; 16
(d) when the qualifications were conferred. 17
`21OC Obligation to notify other matters 18
`(1) This section applies to a recognised school at which a person 19
is or was enrolled in certification studies if-- 20
(a) a student account is open for the person; and 21
(b) the recognised school has the account number for the 22
person's student account. 23
`(2) The recognised school must give notice to the authority of the 24
following matters-- 25
(a) if the recognised school is aware that prescribed 26
information has changed or is incorrect--the new or 27
correct information; 28
(b) if the recognised school is aware that information about 29
the person's enrolment or results in certification studies, 30
previously notified by the recognised school to the 31
Page 29
Education Legislation Amendment Bill 2009
Part 4 Amendment of Education (Queensland Studies Authority) Act 2002
[s 28]
authority has changed, is incorrect or is incorrectly 1
recorded in the person's student account--the new or 2
correct information; 3
(c) if the person stops being enrolled with the recognised 4
school--the date the person stopped being enrolled with 5
the school. 6
`(3) If the person dies and the recognised school is aware of the 7
death, the recognised school must give notice of the death to 8
the authority. 9
`(4) Notices required to be given under this section must be given 10
at the times prescribed under a regulation. 11
`(5) In this section-- 12
prescribed information means any of the following recorded 13
in the person's student account-- 14
(a) the person's name; 15
(b) the person's sex; 16
(c) the person's date of birth; 17
(d) the person's address; 18
(e) the person's phone number. 19
`21OD Authority to record information in account 20
`(1) This section applies if the authority receives information-- 21
(a) under division 2 about a person for whom a student 22
account is opened; or 23
(b) under this subdivision about a person for whom a 24
student account is open. 25
`(2) The authority must ensure information is recorded in the 26
student account in accordance with the information received.'. 27
Page 30
Education Legislation Amendment Bill 2009
Part 4 Amendment of Education (Queensland Studies Authority) Act 2002
[s 29]
Clause 29 Amendment of s 21S (Use by authority and disclosure to 1
providers for verification) 2
(1) Section 21S, heading, after `providers'-- 3
insert-- 4
`or recognised schools'. 5
(2) Section 21S(2)-- 6
omit, insert-- 7
`(2) The authority may disclose prescribed information for a 8
student account, to the extent necessary for the authority to 9
ensure the accuracy of the information, to-- 10
(a) a relevant provider; or 11
(b) for a student account for a person enrolled in 12
certification studies at a recognised school--the 13
recognised school.'. 14
(3) Section 21S(3) and (4), after `provider'-- 15
insert-- 16
`or recognised school'. 17
Clause 30 Amendment of s 21T (Disclosure to providers, or their 18
agents, for other purposes) 19
(1) Section 21T, heading, `or their agents,'-- 20
omit, insert-- 21
`their agents, or recognised schools,'. 22
(2) Section 21T(1)-- 23
omit, insert-- 24
`(1) This section prescribes, for a provider, a prescribed agent for a 25
provider, or a recognised school-- 26
(a) the information recorded in the student account kept for 27
a person to which the authority must give the provider, 28
agent or recognised school access (the accessible 29
information); and 30
Page 31
Education Legislation Amendment Bill 2009
Part 4 Amendment of Education (Queensland Studies Authority) Act 2002
[s 31]
(b) the purpose of the access.'. 1
(3) Section 21T(5)-- 2
renumber as section 21T(6). 3
(4) Section 21T-- 4
insert-- 5
`(5) For a recognised school for the person-- 6
(a) the accessible information is all of the information; and 7
(b) the purpose of the access is to help the recognised 8
school-- 9
(i) comply with section 21OC; and 10
(ii) manage the educational program provided to the 11
person.'. 12
(5) Section 21T(6)-- 13
insert-- 14
`recognised school, for a person, means the recognised school 15
at which the person is enrolled in certification studies.'. 16
Clause 31 Amendment of s 21V (Disclosure to person for whom 17
account is kept and the person's parents) 18
(1) Section 21V(2)(a)(ii), `; and'-- 19
omit, insert-- 20
`; or'. 21
(2) Section 21V(2)(a)-- 22
insert-- 23
`(iii) a person who is enrolled in certification studies at a 24
recognised school; and'. 25
Clause 32 Amendment of s 21Z (Closing student account) 26
Section 21Z(1)(b)-- 27
Page 32
Education Legislation Amendment Bill 2009
Part 4 Amendment of Education (Queensland Studies Authority) Act 2002
[s 33]
omit, insert-- 1
`(b) the authority is notified of the person's death by-- 2
(i) a provider, under section 21N(4); or 3
(ii) a recognised school, under section 21OC(3).'. 4
Clause 33 Amendment of s 21ZB (Confidentiality) 5
(1) Section 21ZB(1)(a)-- 6
insert-- 7
`(v) a member of the governing body of a recognised 8
school or an employee of a recognised school; 9
and'. 10
(2) Section 21ZB(3), definition employee, after `authority'-- 11
insert-- 12
`, recognised school'. 13
Clause 34 Amendment of s 23 (Minister's power to give directions in 14
the public interest) 15
(1) Section 23(2), after `preparatory guideline'-- 16
insert-- 17
`or kindergarten guideline'. 18
(2) Section 23(5)(a) to (c), `syllabus or preparatory guideline' 19
omit, insert-- 20
`syllabus, preparatory guideline or kindergarten guideline'. 21
Clause 35 Insertion of new s 23A 22
After section 23-- 23
insert-- 24
Page 33
Education Legislation Amendment Bill 2009
Part 4 Amendment of Education (Queensland Studies Authority) Act 2002
[s 35]
`23A Minister's power to give directions about intellectual 1
property 2
`(1) The Minister may give the authority a written direction about 3
material containing intellectual property held by the authority. 4
`(2) Without limiting subsection (1), the direction may be about 5
any of the following-- 6
(a) the granting of a licence to the State; 7
(b) the conditions on which a licence is to be granted to the 8
State including a condition that no fee is payable by the 9
State for the licence; 10
(c) that a licence not be granted to an entity other than the 11
State; 12
(d) the receipt or payment of monies. 13
`(3) A direction under subsection (1) may also-- 14
(a) require the authority to give the Minister notice if the 15
authority intends entering into an agreement with 16
another entity in relation to the material; and 17
(b) state the type of agreement about which the Minister is 18
to be given notice; and 19
(c) require the notice to be given to the Minister a stated 20
period of time before the authority intends entering the 21
agreement. 22
`(4) The authority must comply with the direction. 23
`(5) In the authority's annual report for a financial year, the 24
authority must include copies of all directions given to it 25
under this section in the financial year. 26
`(6) In this section-- 27
licence means a licence to deal with material containing 28
intellectual property held by the authority. 29
material containing intellectual property includes material in 30
existence before the commencement of this section.'. 31
Page 34
Education Legislation Amendment Bill 2009
Part 4 Amendment of Education (Queensland Studies Authority) Act 2002
[s 36]
Clause 36 Amendment of s 55 (Delegation by authority) 1
Section 55(2)(a) and (b), `syllabus or preparatory guideline'-- 2
omit, insert-- 3
`syllabus, preparatory guideline or kindergarten guideline'. 4
Clause 37 Amendment of s 79 (Regulation-making power) 5
Section 79(2)(a)-- 6
omit, insert-- 7
`(a) the accreditation by the authority of-- 8
(i) 1-12 syllabuses or preparatory guidelines for 9
implementation at schools; or 10
(ii) kindergarten guidelines for implementation in 11
child care services;'. 12
Clause 38 Amendment of sch 2 (Dictionary) 13
(1) Schedule 2, definitions school and teacher-- 14
omit. 15
(2) Schedule 2-- 16
insert-- 17
`accredited kindergarten guideline means a kindergarten 18
guideline accredited by the authority under this Act. 19
approved kindergarten guideline means a kindergarten 20
guideline developed, purchased or revised, and approved, by 21
the authority under this Act. 22
carer, in a child care service, see the Child Care Act 2002, 23
section 56. 24
child care service see the Child Care Act 2002, section 5. 25
kindergarten guideline means a guideline about learning and 26
age-appropriate teaching and assessment practices in child 27
care services for the years before the preparatory year. 28
Page 35
Education Legislation Amendment Bill 2009
Part 5 Amendment of University of Queensland Act 1998
[s 39]
recognised school see the Education (General Provisions) Act 1
2006, schedule 4. 2
school-- 3
(a) means-- 4
(i) a State instructional institution within the meaning 5
of the Education (General Provisions) Act 2006, 6
schedule 4; or 7
(ii) a non-State school; but 8
(b) does not include a recognised school. 9
school age care service see the Child Care Act 2002, schedule 10
2. 11
teacher means-- 12
(a) a person who-- 13
(i) is registered as a teacher under the Education 14
(Queensland College of Teachers) Act 2005; and 15
(ii) is a member of the educational staff of a school; or 16
(b) in relation to a recognised school--a person who 17
provides educational instruction in, or assessment of, 18
certification studies at the school.'. 19
(3) Schedule 2, definition moderation, after `State'-- 20
insert-- 21
`and at recognised schools'. 22
Part 5 Amendment of University of 23
Queensland Act 1998 24
Clause 39 Act amended 25
This part amends the University of Queensland Act 1998. 26
Page 36
Education Legislation Amendment Bill 2009
Part 5 Amendment of University of Queensland Act 1998
[s 40]
Clause 40 Insertion of new pt 8, div 3 1
Part 8-- 2
insert-- 3
`Division 3 Expiry of statutes 4
`72 Expiry of statutes 5
`(1) This section applies to the following statutes-- 6
· University of Queensland Statute No. 5 (Awards) 1999 7
· University of Queensland Statute No. 6 (Fees) 1999 8
`(2) Despite the Statutory Instruments Act 1992, section 54, each 9
statute-- 10
(a) is taken not to have expired on 1 September 2009; and 11
(b) expires on 1 September 2010 unless it is repealed before 12
that day.'. 13
© State of Queensland 2009
Page 37
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