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Queensland
GRAMMAR SCHOOLS AND
OTHER LEGISLATION
AMENDMENT BILL 2003
Queensland
GRAMMAR SCHOOLS AND OTHER
LEGISLATION AMENDMENT BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--AMENDMENT OF GRAMMAR SCHOOLS ACT 1975
3 Act amended in pt 2 and schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment, renumbering and relocation of s 5 (Interpretation) . . . . . . . . . 6
6 Insertion of new ss 2-5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Purpose and explanation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
7 Replacement of s 6 (Establishment of new public grammar schools). . . . . . 9
PART 1A--ESTABLISHMENT OF GRAMMAR SCHOOLS
6 Establishment generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6A Establishment with Minister's approval. . . . . . . . . . . . . . . . . . . . . . . 9
6B Establishment on Minister's initiative . . . . . . . . . . . . . . . . . . . . . . . . 10
8 Amendment of s 7 (Constitution) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
9 Replacement of ss 8 and 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
8 First appointment of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
9 Disqualification from membership of a board . . . . . . . . . . . . . . . . . . 12
10 Amendment of s 10 (Tenure of office) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
11 Amendment of s 11 (Casual vacancies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2
Grammar Schools and Other Legislation Amendment
Bill 2003
12 Amendment of s 12 (Failure to elect) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
13 Insertion of new s 15A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
15A By-law making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
14 Amendment of s 44 (Register of donors and subscribers) . . . . . . . . . . . . . . 15
15 Omission of s 46 (Rules applicable to election of members) . . . . . . . . . . . . 16
16 Insertion of new pt 3, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 5--Interaction with the Minister
46A Board must notify the Minister about matters of concern . . . . . . . . . 16
46B Minister may require information or documents . . . . . . . . . . . . . . . . 16
46C Minister may give a direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
17 Insertion of new pt 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
PART 3A--APPOINTMENT OF AN ADMINISTRATOR
Division 1--Appointment
46D Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
46E Basis for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
46F Notice of proposed appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
46G Suitability of proposed appointee . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
46H Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
46I Notice to parents about appointment . . . . . . . . . . . . . . . . . . . . . . . . . 20
46J Variation of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
46K Early ending of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
46L Replacement of administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 2--Conduct of administration
46M Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
46N Administrator's powers and functions . . . . . . . . . . . . . . . . . . . . . . . . 21
46O Direction by Minister. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
46P Effect on the board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
46Q Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
18 Insertion of new pt 4 div 1, div 2 hdg and s 46V. . . . . . . . . . . . . . . . . . . . . . 22
Division 1--Offences and related matters
46R Offences relating to non-grammar schools . . . . . . . . . . . . . . . . . . . . 23
46S Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . 23
3
Grammar Schools and Other Legislation Amendment
Bill 2003
46T Statement of complainant's knowledge . . . . . . . . . . . . . . . . . . . . . . . 23
46U False or misleading statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 2--Other matters
46V No religious affiliation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
19 Amendment of s 48 (Disposal of assets on discontinuing a school) . . . . . . . 24
20 Replacement of s 49 (Inspection of schools). . . . . . . . . . . . . . . . . . . . . . . . . 24
49 Regulation listing current grammar schools . . . . . . . . . . . . . . . . . . . 24
49A Name under which a school is operated . . . . . . . . . . . . . . . . . . . . . . 25
21 Amendment of s 50 (Power of delegation) . . . . . . . . . . . . . . . . . . . . . . . . . . 25
22 Replacement of s 51 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
51 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
23 Insertion of new pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
PART 5--TRANSITIONAL PROVISIONS FOR GRAMMAR
SCHOOLS AND OTHER LEGISLATION AMENDMENT ACT 2003
52 Meaning of "commencement day" for pt 5 . . . . . . . . . . . . . . . . . . . . 26
53 Existing grammar schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
54 Amounts previously donated or subscribed. . . . . . . . . . . . . . . . . . . . 27
55 Currently eligible persons remain eligible. . . . . . . . . . . . . . . . . . . . . 27
56 Disqualification of board member . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
57 Application of s 46R offences to certain non-grammar schools . . . . 27
24 Omission of schedule (Rules for election of members of a board) . . . . . . . . 28
25 Insertion of new schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
SCHEDULE
DICTIONARY
PART 3--AMENDMENT OF EDUCATION (ACCREDITATION OF
NON-STATE SCHOOLS) ACT 2001
26 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
27 Insertion of new ch 2, pt 4, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 5--Grammar schools
70B Notice to Minister about action taken in relation to a grammar school 29
PART 4--AMENDMENT OF EDUCATION (GENERAL
PROVISIONS) ACT 1989
28 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
4
Grammar Schools and Other Legislation Amendment
Bill 2003
29 Amendment of s 2 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
30 Amendment of s 142 (Provision for student hostels) . . . . . . . . . . . . . . . . . . 30
31 Insertion of new s 142A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
142A Transportation assistance for students with disabilities. . . . . . . . . . . 30
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 31
MINOR AMENDMENTS OF GRAMMAR SCHOOLS ACT 1975
2003
A BILL
FOR
An Act to amend the Grammar Schools Act 1975, and for other
purposes
s1 6 s5
Grammar Schools and Other Legislation Amendment
Bill 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Grammar Schools and Other Legislation 4
Amendment Act 2003. 5
2 Commencement
Clause 6
(1) Part 4 is taken to have commenced on 1 July 2002. 7
(2) The remaining provisions of this Act commence on a day to be fixed 8
by proclamation. 9
PART 2--AMENDMENT OF GRAMMAR SCHOOLS 10
ACT 1975 11
3 Act amended in pt 2 and schedule
Clause 12
This part and the schedule amend the Grammar Schools Act 1975. 13
4 Amendment of title
Clause 14
Title, `public'-- 15
omit. 16
5 Amendment, renumbering and relocation of s 5 (Interpretation)
Clause 17
(1) Section 5, heading-- 18
omit, insert-- 19
`5 Donation of property other than money'. 20
s5 7 s5
Grammar Schools and Other Legislation Amendment
Bill 2003
(2) Section 5(1), definition "school"-- 1
omit. 2
(3) Section 5(1)-- 3
insert-- 4
` "accreditation Act" means the Education (Accreditation of Non-State 5
Schools) Act 2001. 6
"convicted" means found guilty, or having a plea of guilty accepted by a 7
court, whether or not a conviction is recorded. 8
"electoral eligibility amount", for a board, means-- 9
(a) if a by-law is in force prescribing an electoral eligibility amount 10
for the board--that amount; or 11
(b) otherwise--the amount prescribed under a regulation under 12
section 51(3)(a)(ii). 13
"grammar school" means, subject to section 6(3), a school established 14
under this Act. 15
16
Note--
17
As well as any schools established under part 1A, this includes the schools
18
originally established under an Act repealed by this Act. See section 53.
"interested parents" see section 46I. 19
"non-grammar school" means-- 20
(a) a State school within the meaning of the Education (General 21
Provisions) Act 1989, section 2(1); or 22
(b) a non-State school within the meaning of the accreditation Act, 23
section 6, that is not a grammar school. 24
"submission" means a written submission.'. 25
(4) Section 5(1), definition "chairperson", `duties'-- 26
omit, insert-- 27
`functions'. 28
(5) Section 5(1), definitions-- 29
relocate to the schedule inserted by section 25. 30
s6 8 s6
Grammar Schools and Other Legislation Amendment
Bill 2003
(6) Section 5(1), words other than the definitions-- 1
omit. 2
(7) Section 5, as amended by this section-- 3
renumber and relocate to part 4 as section 46W. 4
6 Insertion of new ss 2-5
Clause 5
After section 1-- 6
insert-- 7
`2 Definitions 8
`The dictionary in the schedule defines particular words used in this Act. 9
`3 Notes 10
`A note in the text of this Act is part of the Act. 11
`4 Act binds all persons 12
`(1) This Act binds all persons including the State and, so far as the 13
legislative power of the Parliament permits, the Commonwealth and the 14
other States. 15
`(2) Subsection (1) does not make the State, the Commonwealth or 16
another State liable to be prosecuted for an offence. 17
`5 Purpose and explanation 18
`(1) The purpose of this Act is to maintain public confidence in grammar 19
schools. 20
`(2) To achieve the purpose, this Act regulates the establishment and 21
governance of grammar schools. 22
`(3) The matters mentioned in subsection (2) are also regulated under 23
other legislation including, in particular, the accreditation Act. 24
25
Note--
26
A grammar school is a non-State school under the accreditation Act.'.
s7 9 s7
Grammar Schools and Other Legislation Amendment
Bill 2003
7 Replacement of s 6 (Establishment of new public grammar
Clause 1
schools) 2
Section 6-- 3
omit, insert-- 4
`PART 1A--ESTABLISHMENT OF GRAMMAR 5
SCHOOLS 6
`6 Establishment generally 7
`(1) A grammar school may be established-- 8
(a) with the Minister's approval under section 6A; or 9
(b) on the Minister's initiative under section 6B. 10
`(2) An existing non-grammar school may be established as a grammar 11
school under this part. 12
`(3) A school established under this part is not a grammar school unless 13
or until its name is included in a regulation under section 49.1 14
`6A Establishment with Minister's approval 15
`(1) An entity may apply to the Minister for approval to establish a 16
grammar school. 17
`(2) The application must include details of the proposed school. 18
`(3) The Minister may ask the applicant for further information or 19
documents the Minister reasonably requires to decide whether to give the 20
approval. 21
`(4) The Minister may give the approval only if satisfied-- 22
(a) there is a demonstrated need for a grammar school in the 23
proposed location; and 24
(b) there is enough community support for a grammar school in the 25
proposed location; and 26
1 Section 49 (Regulation listing current grammar schools)
s7 10 s7
Grammar Schools and Other Legislation Amendment
Bill 2003
(c) the approval would be appropriate, having regard to the likely 1
financial implications for the State of the proposed school's 2
establishment and ongoing operation; and 3
(d) the proposed school will not require financial support from the 4
State for its establishment or ongoing operation in excess of that 5
given to other grammar schools at comparable stages of 6
development; and 7
(e) establishment of the school is compatible with announced 8
government policy about education; and 9
(f) the persons proposing to establish the school have a sufficient 10
understanding of the way the governance of a grammar school is 11
regulated by this Act, the Financial Administration and Audit 12
Act 1977 and other laws. 13
14
Note--
15
Under paragraphs (a) and (b), the Minister must be satisfied of the need and support for
16
a grammar school as opposed to another type of non-State school.
`6B Establishment on Minister's initiative 17
`(1) The Minister may establish a grammar school. 18
`(2) The Minister must first publish a notice in a newspaper circulating in 19
the area in which it is proposed the school will be located and in a 20
newspaper circulating generally in the State-- 21
(a) stating the details of the proposal to establish the school; and 22
(b) inviting submissions from the public about the proposal; and 23
(c) stating the day, not earlier than 28 days after the day of 24
publication, by which submissions must be given to the Minister. 25
`(3) The Minister must also give to each grammar school a notice-- 26
(a) stating the details of the proposal to establish the school; and 27
(b) inviting submissions from the school about the proposal; and 28
(c) stating the day, not earlier than 28 days after the day the notice is 29
given to the school, by which submissions must be given to the 30
Minister. 31
`(4) The Minister must not establish the school unless the Minister is 32
satisfied about the matters stated in section 6A(4)(a) to (e). 33
s8 11 s9
Grammar Schools and Other Legislation Amendment
Bill 2003
`(5) The Minister must consider each submission given to the Minister 1
by the due day stated in the relevant notice, so far as the submission is 2
relevant to a matter stated in section 6A(4)(a) to (e).'. 3
8 Amendment of s 7 (Constitution)
Clause 4
(1) Section 7(1), `every school'-- 5
omit, insert-- 6
`every grammar school'. 7
(2) Section 7(4)(b), from `who' to `least,'-- 8
omit. 9
(3) Section 7(4A)-- 10
omit, insert-- 11
`(4A) Subsection (4) applies subject to sections 8 and 11. 12
`(4B) If a board is constituted, the Minister must consult with the board 13
before nominating a person for appointment to the board under 14
subsection (4)(a). 15
`(4C) The Minister must not nominate a person for appointment to the 16
board under subsection (4)(a) unless the Minister is satisfied the person has 17
a sufficient understanding, or the ability to rapidly acquire a sufficient 18
understanding, of the way the governance of a grammar school is regulated 19
by this Act, the Financial Administration and Audit Act 1977 and other 20
laws. 21
`(4D) A person is eligible for election under subsection (4)(b), or to vote 22
in an election under subsection (4)(b), only if the person has donated or 23
subscribed to the school at least the electoral eligibility amount.'. 24
9 Replacement of ss 8 and 9
Clause 25
Sections 8 and 9-- 26
omit, insert-- 27
`8 First appointment of board 28
`(1) This section applies if-- 29
s9 12 s9
Grammar Schools and Other Legislation Amendment
Bill 2003
(a) approval is given under section 6A for the establishment of a 1
grammar school; or 2
(b) the Minister decides under section 6B to establish a grammar 3
school. 4
`(2) The following apply to the first appointment of a board for the 5
school under section 7-- 6
(a) despite section 7(4)(a) and (b), all of the appointees are to be 7
nominated by the Minister; 8
(b) the Minister's nomination must identify 3 of the persons (the 9
"deemed elected persons") as being nominated for appointment 10
only until the process can be completed under this section for 11
appointing persons after an election; 12
(c) the notification under section 7(4) must state which of the 13
appointees are the deemed elected persons. 14
`(3) The board must conduct an election, in the prescribed way, for 15
3 persons to be appointed to the board (the "first election"). 16
`(4) The first election must be conducted no earlier than 6 months, and 17
no later than 9 months, after the first appointment of the board. 18
`(5) The deemed elected persons hold office as members only until the 19
appointment under section 7(4) of the persons elected at the first election. 20
`(6) The persons appointed to the board after election at the first election 21
hold office for the remainder of a term of 4 years starting on the first 22
appointment of the board. 23
`(7) A person is not ineligible for election at the first election only 24
because the person is a deemed elected person. 25
`9 Disqualification from membership of a board 26
`(1) A person can not become, or continue as, a member of a board if the 27
person-- 28
(a) is, or has been, convicted of an indictable offence; or 29
(b) is an insolvent under administration. 30
`(2) However, if the Minister considers it would be reasonable, having 31
regard to the circumstances of the indictable offence of which a person has 32
s 10 13 s 10
Grammar Schools and Other Legislation Amendment
Bill 2003
been convicted or the circumstances because of which a person is an 1
insolvent under administration, the Minister may-- 2
(a) if the person was a member of a board when the person was 3
convicted or became an insolvent under administration--give 4
notice to the chairperson of the board and the person that the 5
person is restored as a member, and may be later reappointed, 6
despite the conviction or being an insolvent under 7
administration; or 8
(b) otherwise--give written approval for the person to become a 9
member of a board despite the conviction or being an insolvent 10
under administration. 11
`(3) On the day the chairperson receives a notice under 12
subsection (2)(a)-- 13
(a) the person is restored as a member of the board; and 14
(b) if another person has been appointed to fill the vacancy, the other 15
person's appointment ends. 16
`(4) Subsection (3) does not apply if the person's term of office has since 17
ended. 18
`(5) If a person is restored as a member under subsection (3), the 19
person's term of office as a member ends when it would have ended if the 20
person had not been convicted of the offence or become an insolvent under 21
administration. 22
`(6) In this section-- 23
"indictable offence" includes an indictable offence dealt with summarily, 24
whether or not the Criminal Code, section 659,2 applies to the 25
indictable offence. 26
"insolvent under administration" has the same meaning as in the 27
Corporations Act, section 9.'. 28
10 Amendment of s 10 (Tenure of office)
Clause 29
(1) Section 10(1A) to (4)-- 30
renumber as section 10(4), (5), (6) and (8). 31
2 Criminal Code, section 659 (Effect of summary conviction for indictable offences)
s 11 14 s 11
Grammar Schools and Other Legislation Amendment
Bill 2003
(2) Section 10-- 1
insert-- 2
`(2) A person is ineligible for appointment as a member under 3
section 7(4)(b) (an "elected member") if the person has already served as 4
an elected member for the prescribed maximum number of terms. 5
`(3) However, an elected member may continue to hold office under 6
subsection (1) until the member's successor is appointed even if the 7
member has already served as an elected member for the prescribed 8
maximum number of terms.'. 9
(3) Section 10(6)(f), as renumbered-- 10
renumber as section 10(6)(g). 11
(4) Section 10(6), as renumbered-- 12
insert-- 13
`(f) is a person who, under section 9, can not continue as a member; 14
or'. 15
(5) Section 10-- 16
insert-- 17
`(7) A member's resignation takes effect when the notice under 18
subsection (6)(c) is given to the Minister or, if a later time is stated in the 19
notice, at the later time.'. 20
11 Amendment of s 11 (Casual vacancies)
Clause 21
(1) Section 11(1) and (1A)-- 22
omit, insert-- 23
`(1) This section applies to the appointment of a person under section 7 24
to fill a casual vacancy in the office of a member of a board.'. 25
(2) Section 11(1B), `In the'-- 26
omit, insert-- 27
`Despite section 7(4)(b), in the'. 28
s 12 15 s 14
Grammar Schools and Other Legislation Amendment
Bill 2003
(3) Section 11(1B), `the prescribed amount at the least'-- 1
omit, insert-- 2
`at least the electoral eligibility amount for the board'. 3
12 Amendment of s 12 (Failure to elect)
Clause 4
Section 12, `or appointed'-- 5
omit. 6
13 Insertion of new s 15A
Clause 7
After section 15-- 8
insert-- 9
`15A By-law making power 10
`(1) A board may make by-laws about elections under this Act, including 11
by-laws about-- 12
(a) an electoral eligibility amount for the board; and 13
(b) when an election is held; and 14
(c) a maximum number of terms for which a person may be elected 15
under section 7(4)(b). 16
`(2) A by-law has effect only if it is consistent with this Act, including a 17
regulation in force under this Act. 18
`(3) Without limiting subsection (2), a provision of a by-law mentioned 19
in subsection (1)(a) is of no effect unless it complies with a regulation 20
about the minimum or maximum amount that may be set as an electoral 21
eligibility amount for the board. 22
`(4) A by-law is not subordinate legislation.'. 23
14 Amendment of s 44 (Register of donors and subscribers)
Clause 24
Section 44-- 25
insert-- 26
`(4) The register may indicate which of the persons are eligible persons. 27
s 15 16 s 16
Grammar Schools and Other Legislation Amendment
Bill 2003
`(5) If the register does not indicate which of the persons are eligible 1
persons-- 2
(a) the board must also keep a register of eligible persons; and 3
(b) subsections (1) to (3) apply to the register of eligible persons as if 4
a reference in those subsections to donors or subscribers were a 5
reference to eligible persons. 6
`(6) In this section-- 7
"eligible person" means a person who has donated or subscribed at least 8
the electoral eligibility amount for the board.'. 9
15 Omission of s 46 (Rules applicable to election of members)
Clause 10
Section 46-- 11
omit. 12
16 Insertion of new pt 3, div 5
Clause 13
Part 3, after division 4-- 14
insert-- 15
`Division 5--Interaction with the Minister 16
`46A Board must notify the Minister about matters of concern 17
`A board must give a written notice to the Minister immediately after 18
becoming aware of a matter that raises a significant concern about the 19
school's financial viability. 20
21
Examples of matters that may raise a significant concern about the school's financial
22
viability--
23
· a proceeding started against the school that may result in payment of a significant
24
amount of damages or legal costs
25
· a significant decrease in enrolments at the school.
`46B Minister may require information or documents 26
`(1) The Minister may give to a board a written notice requiring the 27
board, within a stated reasonable time and in a stated reasonable way, to-- 28
s 16 17 s 16
Grammar Schools and Other Legislation Amendment
Bill 2003
(a) give to the Minister relevant information in the board's 1
knowledge about a stated matter; or 2
(b) give to the Minister, or make available for inspection by the 3
Minister, a relevant document about a stated matter in the board's 4
possession or control. 5
`(2) The board must comply with the requirement. 6
`(3) If a document is given to the Minister, the Minister may keep the 7
document to copy it and must return the document to the board as soon as 8
practicable after copying it. 9
`(4) The Minister may disclose the information, or give the document or 10
a copy of the document, to an entity the Minister considers appropriate in 11
order to help the Minister to assess-- 12
(a) the school's financial viability; or 13
(b) the way amounts provided to the board by the State are being 14
used; or 15
(c) another matter relevant to the way the board is carrying out its 16
functions. 17
`(5) Unless the Minister is satisfied there are exceptional circumstances, 18
the Minister must consult with a board, about the information or documents 19
that may be sought by the Minister, before giving the board a notice under 20
this section. 21
`(6) In this section-- 22
"relevant", in relation to information or a document, means relating to the 23
board's powers or functions under this Act. 24
`46C Minister may give a direction 25
`(1) The Minister may give to a board a written direction about a matter 26
relevant to its functions if the Minister is satisfied it is necessary to give the 27
direction in the interests of the school to ensure the school's financial 28
viability. 29
30
Example of a direction--
31
The Minister directs a board to engage an external person to provide expert advice to
32
the board about stated matters that may affect the school's financial viability.
`(2) The board must comply with the direction. 33
s 17 18 s 17
Grammar Schools and Other Legislation Amendment
Bill 2003
`(3) The board must include a copy of each direction given to it during a 1
financial year in its annual report for the year under the Financial 2
Administration and Audit Act 1977. 3
`(4) Unless the Minister is satisfied there are exceptional circumstances, 4
the Minister must advise a board that the Minister proposes to give the 5
board a direction, and consult with the board about the matters proposed to 6
be dealt with in the direction, before giving the direction.'. 7
17 Insertion of new pt 3A
Clause 8
After part 3-- 9
insert-- 10
`PART 3A--APPOINTMENT OF AN ADMINISTRATOR 11
`Division 1--Appointment 12
`46D Appointment 13
`The Minister may, by gazette notice, appoint a person as administrator 14
of a board. 15
`46E Basis for appointment 16
`The Minister may make the appointment only if-- 17
(a) the board asks the Minister to make the appointment; or 18
(b) the board is given a show cause notice under the accreditation 19
Act, section 64; or 20
(c) the Minister reasonably believes the school is no longer 21
financially viable or is in danger of becoming financially 22
non-viable. 23
`46F Notice of proposed appointment 24
`(1) Before making the appointment, the Minister-- 25
(a) must give the board a written notice stating-- 26
s 17 19 s 17
Grammar Schools and Other Legislation Amendment
Bill 2003
(i) that the Minister proposes to appoint a person as 1
administrator of the board; and 2
(ii) the reasons for the proposed appointment; and 3
(iii) that the board may, within a stated time of at least 14 days, 4
give the Minister a written response to the proposed 5
appointment; and 6
(b) must consider any written response received from the board 7
within the time stated in the notice. 8
`(2) However-- 9
(a) if the Minister is satisfied there are exceptional circumstances, 10
the Minister may state a time under subsection (1)(a)(iii) that is 11
less than 14 days; and 12
(b) with the board's written agreement, the Minister may state a time 13
under subsection (1)(a)(iii) that is less than 14 days or make the 14
appointment before the end of the stated time; and 15
(c) subsection (1) does not apply if the board has asked the Minister 16
to make the appointment. 17
`(3) If, after giving a notice under subsection (1), the Minister decides 18
not to make the appointment, the Minister must give the board a written 19
notice of the decision. 20
`(4) If the Minister decides to make the appointment, the Minister must 21
give the board a written notice of the decision before publishing the gazette 22
notice under which the appointment is made. 23
`46G Suitability of proposed appointee 24
`(1) The Minister may make the appointment only if the Minister is 25
satisfied the proposed appointee has the appropriate qualifications and 26
experience, and is otherwise suitable, to be the administrator. 27
`(2) A person who has agreed to a proposed appointment must advise the 28
Minister, before the appointment is made, whether the person is aware of a 29
conflict of interest that may arise in the course of the person acting as 30
administrator. 31
`(3) A person must not state anything to the Minister under 32
subsection (2) that the person knows is false or misleading in a material 33
particular. 34
s 17 20 s 17
Grammar Schools and Other Legislation Amendment
Bill 2003
Maximum penalty--20 penalty units. 1
`(4) Only an adult may be appointed as administrator. 2
`(5) The Commission for Children and Young People Act 2000, part 6,3 3
applies to the appointment as if it were employment by the Minister in 4
regulated employment. 5
`46H Terms of appointment 6
`(1) The gazette notice under which the appointment is made must state 7
the following matters-- 8
(a) the appointee's name; 9
(b) the school for which the board is constituted; 10
(c) the day the appointment takes effect; 11
(d) the term of the appointment; 12
(e) any conditions of the appointment. 13
`(2) The gazette notice may also state anything else about the 14
appointment that the Minister considers appropriate. 15
`46I Notice to parents about appointment 16
`After giving notice to the board under section 46F(4), and before 17
publishing the gazette notice under which the appointment is made, the 18
Minister must take reasonable steps to notify the parents of students at the 19
relevant grammar school (the "interested parents") about the proposed 20
appointment. 21
`46J Variation of appointment 22
`(1) The Minister may, by gazette notice, vary the appointment by 23
extending or shortening the term of the appointment or amending the 24
conditions of the appointment. 25
`(2) Before varying the appointment, the Minister must-- 26
3 Commission for Children and Young People Act 2000, part 6 (Employment
screening for child-related employment)
s 17 21 s 17
Grammar Schools and Other Legislation Amendment
Bill 2003
(a) give the board a written notice of the proposed variation; and 1
(b) take reasonable steps to notify the interested parents about the 2
proposed variation. 3
`46K Early ending of appointment 4
`(1) Before the term of the appointment ends-- 5
(a) the Minister may end the appointment by gazette notice; or 6
(b) the administrator may end the appointment by signed notice 7
given to the Minister. 8
`(2) Also, the appointment ends if an appointee is appointed under the 9
Statutory Bodies Financial Arrangements Act 1982, section 24.4 10
`(3) If the appointment ends under this section, the Minister must 11
immediately notify the board and take reasonable steps to notify the 12
interested parents. 13
`46L Replacement of administrator 14
`(1) If the appointment ends under section 46K(1), the Minister may 15
appoint someone else as administrator of the board. 16
`(2) This division, other than section 46F(1), applies to the appointment. 17
`Division 2--Conduct of administration 18
`46M Application of div 2 19
`This division applies during the appointment of an administrator of a 20
board. 21
`46N Administrator's powers and functions 22
`(1) The administrator has the board's powers and functions. 23
4 Statutory Bodies Financial Arrangements Act 1982, section 24 (Appointing a person
to recover guarantee amount etc.)
s 18 22 s 18
Grammar Schools and Other Legislation Amendment
Bill 2003
`(2) This Act and other Acts apply to the administrator, with all 1
necessary changes, as if the administrator were the board. 2
`(3) The accreditation Act applies to the administrator, with all necessary 3
changes, as if the administrator were the school's governing body. 4
`46O Direction by Minister 5
`(1) The administrator is subject to the Minister's direction in exercising 6
the administrator's powers and performing the administrator's functions. 7
`(2) The administrator must give the board a copy of each direction 8
received from the Minister. 9
`(3) The board must ensure a copy of each direction given to the 10
administrator during a financial year is included in the board's annual 11
report for the year under the Financial Administration and Audit Act 1977. 12
`46P Effect on the board 13
`(1) The board continues in existence subject to this Act. 14
`(2) However, the board may not exercise its powers and functions under 15
this Act other than in giving the administrator the help that the 16
administrator asks for. 17
`46Q Reports 18
`(1) The administrator must give to the Minister the reports about the 19
administration that the Minister requires. 20
`(2) The reports must be given as soon as possible after the end of the 21
appointment or, if required by the Minister at a time during the 22
appointment, at that time.'. 23
18 Insertion of new pt 4 div 1, div 2 hdg and s 46V
Clause 24
After part 4 heading-- 25
insert-- 26
s 18 23 s 18
Grammar Schools and Other Legislation Amendment
Bill 2003
`Division 1--Offences and related matters 1
`46R Offences relating to non-grammar schools 2
`(1) A person must not establish or operate a non-grammar school under 3
a name that includes the word `grammar'. 4
Maximum penalty--200 penalty units. 5
`(2) A person must not hold out a non-grammar school to be a grammar 6
school. 7
Maximum penalty--200 penalty units. 8
`46S Summary proceedings for offences 9
`(1) A proceeding for an offence against this Act must be taken in a 10
summary way under the Justices Act 1886. 11
`(2) The proceeding must start-- 12
(a) within 1 year after the commission of the offence; or 13
(b) within 6 months after the offence comes to the complainant's 14
knowledge, but within 2 years after the commission of the 15
offence. 16
`46T Statement of complainant's knowledge 17
`In a complaint starting a proceeding for an offence against this Act, a 18
statement that the matter of the complaint came to the complainant's 19
knowledge on a stated day is evidence of when the matter came to the 20
complainant's knowledge. 21
`46U False or misleading statement 22
`In a proceeding for an offence against section 46G(3),5 it is enough for a 23
complaint to state that the statement made was `false or misleading' to the 24
person's knowledge, without specifying which. 25
5 Section 46G (Suitability of proposed appointee)
s 19 24 s 20
Grammar Schools and Other Legislation Amendment
Bill 2003
`Division 2--Other matters 1
`46V No religious affiliation 2
`A grammar school's board must ensure the school-- 3
(a) is operated independently of a church or other body established 4
for religious purposes; and 5
(b) is not operated for students of a particular religion.'. 6
19 Amendment of s 48 (Disposal of assets on discontinuing a school)
Clause 7
(1) Section 48(1), `school'-- 8
omit, insert-- 9
`grammar school'. 10
(2) Section 48(2), `Crown'-- 11
omit, insert-- 12
`State'. 13
(3) Section 48(2), `Land Act 1962'-- 14
omit, insert-- 15
`Land Act 1994'. 16
20 Replacement of s 49 (Inspection of schools)
Clause 17
Section 49-- 18
omit, insert-- 19
`49 Regulation listing current grammar schools 20
`(1) As soon as practicable after the commencement of this section, the 21
Governor in Council must make a regulation stating the name of each 22
grammar school existing at the time the regulation is made. 23
`(2) The Governor in Council may amend the regulation to include the 24
name of another grammar school on receiving advice that the Minister 25
has-- 26
s 21 25 s 22
Grammar Schools and Other Legislation Amendment
Bill 2003
(a) given approval under section 6A for the school's establishment; 1
or 2
(b) decided under section 6B to establish the school. 3
`(3) After consulting with a grammar school's board, the Minister may 4
recommend to the Governor in Council that the regulation be amended to 5
change the school's name. 6
`(4) On receiving the Minister's advice that a grammar school has been 7
discontinued, the Governor in Council must amend the regulation to omit 8
the school's name. 9
`49A Name under which a school is operated 10
`A grammar school must not be operated under a name other than its 11
name stated in a regulation under section 49.'. 12
21 Amendment of s 50 (Power of delegation)
Clause 13
(1) Section 50(1), `powers, functions and duties'-- 14
omit, insert-- 15
`powers'. 16
(2) Section 50(1), after `rules'-- 17
insert-- 18
`or by-laws'. 19
(3) Section 50(2) to (5)-- 20
omit. 21
22 Replacement of s 51 (Regulations)
Clause 22
Section 51-- 23
omit, insert-- 24
`51 Regulation-making power 25
`(1) The Governor in Council may make regulations under this Act. 26
`(2) A regulation may provide for a maximum penalty of not more than 27
20 penalty units for a contravention of a regulation. 28
s 23 26 s 23
Grammar Schools and Other Legislation Amendment
Bill 2003
`(3) A regulation may be made about-- 1
(a) elections under this Act, including-- 2
(i) a minimum or maximum amount that may be prescribed by 3
a board as its electoral eligibility amount; and 4
(ii) an amount that is the electoral eligibility amount for a board 5
if no amount is in force under a by-law for the board; and 6
(iii) when an election is held; and 7
(iv) a maximum number of terms for which a person may be 8
elected under section 7(4)(b); and 9
(b) dealing with the property of a grammar school after the school is 10
discontinued.'. 11
23 Insertion of new pt 5
Clause 12
After part 4-- 13
insert-- 14
`PART 5--TRANSITIONAL PROVISIONS FOR 15
GRAMMAR SCHOOLS AND OTHER LEGISLATION 16
AMENDMENT ACT 2003 17
`52 Meaning of "commencement day" for pt 5 18
`In this part-- 19
"commencement day", in relation to a provision of this part, means the 20
day the provision commences. 21
`53 Existing grammar schools 22
`A grammar school continued in existence under section 4(2) of this Act, 23
as originally enacted, is taken to be established under this Act. 24
s 23 27 s 23
Grammar Schools and Other Legislation Amendment
Bill 2003
`54 Amounts previously donated or subscribed 1
`For section 7(4D), the amounts a person has donated or subscribed to a 2
school include amounts the person donated or subscribed before the 3
commencement day. 4
`55 Currently eligible persons remain eligible 5
`(1) This section applies to a person who, before the commencement day, 6
had donated or subscribed to a school at least the prescribed amount under 7
section 7(4A) as in force immediately before the commencement day. 8
`(2) The person is taken to have donated or subscribed the electoral 9
eligibility amount for the board. 10
`(3) Subsection (2) applies despite any amount prescribed on or after the 11
commencement day as the electoral eligibility amount for the board. 12
`56 Disqualification of board member 13
`(1) This section applies if, before the commencement day-- 14
(a) a person had been convicted of an indictable offence; and 15
(b) under section 9(b), as in force before the commencement day, a 16
board had decided the circumstances of the offence did not 17
warrant disqualification from the office of a member of the 18
board. 19
`(2) The conviction is taken not to be a conviction for section 9. 20
`57 Application of s 46R offences to certain non-grammar schools 21
`(1) This section applies to each of the following schools-- 22
(a) the Anglican Church Grammar School; 23
(b) the Sunshine Coast Grammar School. 24
`(2) Section 46R(1)6 does not apply to the operation of the school. 25
`(3) For section 46R(2), a person does not hold out the school to be a 26
grammar school only by using the school's name. 27
6 Section 46R (Offences relating to non-grammar schools)
s 24 28 s 25
Grammar Schools and Other Legislation Amendment
Bill 2003
`(4) Subsections (2) and (3) apply to the school only while it continues to 1
be operated by its current operator under the name it had immediately 2
before the commencement day. 3
`(5) In this section-- 4
"Anglican Church Grammar School" means the school that, before the 5
commencement day, was operated under that name by its current 6
operator. 7
"current operator" means-- 8
(a) for the Anglican Church Grammar School--The Corporation of 9
the Synod of the Diocese of Brisbane; or 10
(b) for the Sunshine Coast Grammar School--Sunshine Coast 11
Grammar School Pty Ltd ACN 064 506 814. 12
"Sunshine Coast Grammar School" means the school that, before the 13
commencement day, was operated under that name by its current 14
operator.'. 15
24 Omission of schedule (Rules for election of members of a board)
Clause 16
Schedule-- 17
omit. 18
25 Insertion of new schedule
Clause 19
After part 5-- 20
insert-- 21
`SCHEDULE 22
`DICTIONARY 23
section 2'. 24
s 26 29 s 27
Grammar Schools and Other Legislation Amendment
Bill 2003
PART 3--AMENDMENT OF EDUCATION 1
(ACCREDITATION OF NON-STATE SCHOOLS) 2
ACT 2001 3
26 Act amended in pt 3
Clause 4
This part amends the Education (Accreditation of Non-State Schools) 5
Act 2001. 6
27 Insertion of new ch 2, pt 4, div 5
Clause 7
Chapter 2, part 4, after division 4-- 8
insert-- 9
`Division 5--Grammar schools 10
`70B Notice to Minister about action taken in relation to a grammar 11
school 12
`(1) This section applies if the board gives any of the following notices to 13
the governing body of a grammar school-- 14
(a) a compliance notice; 15
(b) a show cause notice under any provision of this Act; 16
(c) a notice under section 66(b); 17
(d) an information notice about a decision to cancel the school's 18
accreditation. 19
`(2) The board must also give a copy of the notice to the Minister. 20
`(3) In this section-- 21
"grammar school" means a grammar school under the Grammar Schools 22
Act 1975.'. 23
s 28 30 s 31
Grammar Schools and Other Legislation Amendment
Bill 2003
PART 4--AMENDMENT OF EDUCATION (GENERAL 1
PROVISIONS) ACT 1989 2
28 Act amended in pt 4
Clause 3
This part amends the Education (General Provisions) Act 1989. 4
29 Amendment of s 2 (Interpretation)
Clause 5
Section 2(1)-- 6
insert-- 7
` "school in receipt of subsidy" see section 134A(1).'. 8
30 Amendment of s 142 (Provision for student hostels)
Clause 9
Section 142, `within the meaning of the term in section 134A'-- 10
omit. 11
31 Insertion of new s 142A
Clause 12
After section 142-- 13
insert-- 14
`142A Transportation assistance for students with disabilities 15
`(1) The Minister may give assistance to eligible students relating to 16
their transportation to or from school. 17
`(2) The ways that the Minister may give the assistance include the 18
following-- 19
(a) paying to the students or their parents all or part of the expenses 20
of the transportation; 21
(b) making payments to the providers of the transportation; 22
(c) helping to organise or co-ordinate the transportation. 23
`(3) In this section-- 24
"eligible student" means a student with a disability who attends a school 25
in receipt of subsidy.'. 26
31
Grammar Schools and Other Legislation Amendment
Bill 2003
SCHEDULE 1
MINOR AMENDMENTS OF GRAMMAR SCHOOLS 2
ACT 1975 3
section 3 4
1 Section 15, heading, `duties'-- 5
omit, insert-- 6
`functions'. 7
2 Section 15, `powers, authorities, functions and duties'-- 8
omit, insert-- 9
`powers and functions'. 10
3 Section 16(1), `powers, authorities, functions and duties'-- 11
omit, insert-- 12
`powers and functions'. 13
4 Section 18(1)(c), `powers, authorities, functions and duties'-- 14
omit, insert-- 15
`powers and functions'. 16
5 Section 18(2), `duties'-- 17
omit, insert-- 18
`functions'. 19
32
Grammar Schools and Other Legislation Amendment
Bill 2003
SCHEDULE (continued)
6 Section 33(2A), `powers, authorities, functions and duties'-- 1
omit, insert-- 2
`powers and functions'. 3
7 Section 39(2), `powers, authorities, functions and duties'-- 4
omit, insert-- 5
`powers and functions'. 6
8 Section 40(6), `, duties'-- 7
omit. 8
9 Section 41(1), `power, authority, function or duty'-- 9
omit, insert-- 10
`power or function'. 11
© State of Queensland 2003
AMENDMENTS TO BILL
1
Grammar Schools and Other Legislation Amendment
Bill 2003
GRAMMAR SCHOOLS AND OTHER
LEGISLATION AMENDMENT BILL 2003
AMENDMENTS AGREED TO IN COMMITTEE
1 Clause 23--
Page 28, lines 11 and 12--
omit, insert--
`(b) for the Sunshine Coast Grammar School--
(i) at a time during the period of 1 year starting on the
commencement day--the entity operating the school at the
time; or
(ii) at a later time--the entity operating the school on the day
that is 1 year after the commencement day.'.
2 Clause 23--
At page 28, line 14 to line 15, `its current operator'--
omit, insert--
`Sunshine Coast Grammar School Pty Ltd ACN 064 506 814'.
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