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Queensland
YOUTH PARTICIPATION IN
EDUCATION AND TRAINING
BILL 2003
Queensland
YOUTH PARTICIPATION IN EDUCATION
AND TRAINING BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 2--Application, objects and guiding principles
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Interaction with other legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
5 Ministerial declaration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6 Main objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7 Activities to achieve objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
8 Guiding principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 3--Interpretation
9 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
10 Notes in text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PART 2--COMPULSORY PARTICIPATION IN EDUCATION OR
TRAINING
Division 1--Key terms
11 Compulsory participation phase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
12 Eligible options and providers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2--Participation in a program or course
13 Application of div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
14 What is participation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
15 Full-time participation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
16 Allowed absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
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17 Suspension or exclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 3--Participation in an apprenticeship or traineeship
18 Participation in an apprenticeship or traineeship. . . . . . . . . . . . . . . . . . . . . . 14
Division 4--Parents' obligation
19 Obligation to ensure participation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
20 Exceptions to obligation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
21 Information notice and meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
22 Limits on proceedings against a parent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 3--DISPENSATIONS
Division 1--Bases for granting a dispensation
23 Explanation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
24 Participation is impossible or should not be required . . . . . . . . . . . . . . . . . . 17
25 Home schooling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 2--Application process
26 Application for dispensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
27 Lapsing of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
28 Temporary dispensation until application is decided . . . . . . . . . . . . . . . . . . 19
29 Contents of dispensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
30 Notice about decision and right to seek review. . . . . . . . . . . . . . . . . . . . . . . 20
Division 3--Review of decision by chief executive
31 Reviewable decision by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
32 Application for review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
33 Review decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 4--Appeal to Magistrates Court
34 Application of div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
35 Appeal to Magistrates Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
36 Conduct of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
PART 4--STUDENT ACCOUNTS
Division 1--Preliminary
37 Explanation and purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
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Division 2--Opening student accounts for young persons of compulsory
school age
38 When an account must be opened . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
39 Who must open an account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
40 How an account is opened. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 3--Student account phase
41 The student account phase. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
42 Obligation to notify enrolment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
43 Obligation to open an account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
44 Obligation to notify other matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
45 Chief executive of VETE department may give notice on behalf of
certain providers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 4--Use and disclosure of information
46 Use and disclosure by the QSA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
47 Disclosure by chief executive to appropriate entities . . . . . . . . . . . . . . . . . . 27
Division 5--Miscellaneous
48 Overseas students . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
PART 5--LEGAL PROCEEDINGS
Division 1--Evidence
49 Application of div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
50 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
51 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
52 Other evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 2--Offence proceedings
53 Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
54 Statement of complainant's knowledge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
55 Evidence of chief executive's consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
PART 6--MISCELLANEOUS
Division 1--Involvement of certain non-State school entities
56 Entities to which this division applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
57 Consultation about planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
58 Consultation about proposed regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
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59 Aggregated information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Division 2--Other matters
60 Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
61 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
62 Approved forms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
63 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
PART 7--AMENDMENT OF EDUCATION (GENERAL
PROVISIONS) ACT 1989
Division 1--Preliminary
64 Act amended in pt 7 and sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 2--Amendments commencing on proclamation
65 Amendment of s 2 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
66 Amendment of s 14 (Provision of State education) . . . . . . . . . . . . . . . . . . . 34
67 Amendment of s 19B (Implementation of syllabus or preschool
guideline at a State educational institution) . . . . . . . . . . . . . . . . . . . . . . . . . 34
68 Amendment of pt 4, div 3 hdg (Exclusion of students). . . . . . . . . . . . . . . . . 35
69 Amendment of s 33 (Grounds for exclusion of student) . . . . . . . . . . . . . . . . 35
70 Amendment of s 36 (Exclusion of student). . . . . . . . . . . . . . . . . . . . . . . . . . 35
71 Insertion of new pt 4, div 3A and div 3B hdg . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 3A--Exclusion of students by chief executive
36A Chief executive's power to exclude student . . . . . . . . . . . . . . . . . . . . 36
36B Grounds for exclusion of student by chief executive. . . . . . . . . . . . . 36
36C Suspension pending final decision about exclusion. . . . . . . . . . . . . . 36
36D Submissions against proposed exclusion . . . . . . . . . . . . . . . . . . . . . . 37
36E Exclusion of student by chief executive. . . . . . . . . . . . . . . . . . . . . . . 37
Division 3B--Review of decisions about exclusion'.
72 Amendment of s 37 (Submissions against exclusions) . . . . . . . . . . . . . . . . . 38
73 Amendment of s 38 (Dealing with submissions against exclusions) . . . . . . 39
74 Insertion of new s 38A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
38A Periodic review of decision to exclude under div 3A . . . . . . . . . . . . 39
75 Replacement of s 114 (Compulsory enrolment and attendance at school) . . 41
114 Compulsory schooling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
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114A Flexible arrangements--non-State school . . . . . . . . . . . . . . . . . . . . . 41
114B Flexible arrangements--State educational institution . . . . . . . . . . . . 43
76 Amendment of s 115 (Dispensation from compliance with
compulsory enrolment and attendance provisions) . . . . . . . . . . . . . . . . . . . . 44
77 Insertion of new ss 116A and 116B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
116A Child's suspension or exclusion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
116B Child's illness. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
78 Replacement of s 117 (Distance education) . . . . . . . . . . . . . . . . . . . . . . . . . 45
117 Information notice and meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
79 Amendment of s 118 (Penalty for noncompliance with compulsory
education provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
80 Amendment of s 119 (Employment of children of school age) . . . . . . . . . . 48
81 Amendment of s 123 (Calculation of allocation if s 122(1) does not apply) 49
82 Insertion of new s 142B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
142B Grants to other entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
83 Insertion of new pt 11, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Division 4--Transitional provisions for Youth Participation in Education
and Training Act 2003
166A Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
166B Existing dispensations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
166C Existing applications for a dispensation . . . . . . . . . . . . . . . . . . . . . . 50
166D Proceedings for an offence against s 118. . . . . . . . . . . . . . . . . . . . . . 50
Division 3--Amendments commencing on 1 January 2006
84 Amendment of s 2 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
85 Insertion of new s 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
4A Meaning of "compulsory school age" . . . . . . . . . . . . . . . . . . . . . . . . 51
86 Omission of pt 4, div 4 (Cancellation of enrolment of students above
the age of compulsory attendance) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
87 Amendment of pt 4, div 5 hdg (Miscellaneous provisions about
suspensions, exclusions and cancellations) . . . . . . . . . . . . . . . . . . . . . . . . . . 51
88 Amendment of s 43 (Definition for division) . . . . . . . . . . . . . . . . . . . . . . . . 51
89 Amendment of s 45 (Submissions about suspensions, exclusions
and cancellation) ........................................... 51
90 Amendment of s 114A (Flexible arrangements--non-State school) . . . . . . 52
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91 Amendment of s 114B (Flexible arrangements--State educational
institution) .............................................. 53
92 Amendment of s 115 (Dispensation from compliance with compulsory
enrolment and attendance provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
93 Insertion of new s 116C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
116C Activities under Commonwealth law. . . . . . . . . . . . . . . . . . . . . . . . . 53
PART 8--AMENDMENT OF OTHER ACTS
Division 1--Education (Accreditation of Non-State Schools) Act 2001
94 Act amended in div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
95 Amendment of s 39 (Suitability of governing body). . . . . . . . . . . . . . . . . . . 54
Division 2--Education (Queensland Studies Authority) Act 2002
96 Act amended in div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
97 Amendment of s 3 (Objects of Act). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
98 Insertion of new s 14A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
14A Participation functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
99 Amendment of pt 2, div 4 hdg (Tests and nullifications of syllabuses
and preschool guidelines) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
100 Insertion of new s 18A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
18A Provider must give information about results to authority . . . . . . . . 55
Division 3--Education (Teacher Registration) Act 1988
101 Act amended in div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
102 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Division 4--Freedom of Information Act 1992
103 Act amended in div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
104 Amendment of s 7 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
105 Amendment of s 11 (Act not to apply to certain bodies etc.) . . . . . . . . . . . . 57
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 58
AMENDMENT OF EDUCATION (GENERAL PROVISIONS)
ACT 1989
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 60
DICTIONARY
ATTACHMENT . . . . . . . . . . . . . . . . . . . . . . . 65
MINISTERIAL DECLARATION `STEPPING FORWARD:
IMPROVING PATHWAYS FOR ALL YOUNG PEOPLE'
2003
A BILL
FOR
An Act about the participation of young people in education and
training, and for other purposes
s1 8 s3
Youth Participation in Education and Training
Bill 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
Division 1--Introduction 3
1 Short title 4
This Act may be cited as the Youth Participation in Education and 5
Training Act 2003. 6
2 Commencement 7
(1) The following provisions commence on a day to be fixed by 8
proclamation-- 9
· part 7, divisions 1 and 2 10
· part 8, divisions 1 and 3 11
· schedule 1. 12
(2) The remaining provisions of this Act commence on 1 January 2006. 13
Division 2--Application, objects and guiding principles 14
3 Act binds all persons 15
(1) This Act binds all persons including the State and, as far as the 16
legislative power of the Parliament permits, the Commonwealth and the 17
other States. 18
(2) Subsection (1) does not make the State, the Commonwealth or 19
another State liable to be prosecuted for an offence. 20
s4 9 s6
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4 Interaction with other legislation 1
(1) The Education (General Provisions) Act 1989 includes provisions 2
requiring young people to continue their schooling until they are 16 years 3
or have completed year 10, whichever happens first. 4
(2) This Act includes provisions requiring young people to continue in 5
education and training for a further period for the purpose of achieving a 6
senior certificate or certificate III. 7
(3) The Vocational Education, Training and Employment Act 2000 8
includes provisions about some of the eligible options available to young 9
people during this further period of learning. 10
(4) The Education (Queensland Studies Authority) Act 2002 includes 11
provisions about keeping student accounts for young people to record their 12
participation in education and training. 13
5 Ministerial declaration 14
(1) The "ministerial declaration `Stepping forward: improving 15
pathways for all young people' " is the declaration of commitment to the 16
young people of Australia by Ministers for Education, Employment, 17
Training, Youth Affairs and Community Services endorsed in July 2002 by 18
the Ministerial Council on Education, Employment, Training and Youth 19
Affairs. 20
(2) A copy of the declaration is set out in the attachment. 21
(3) The attachment is not part of this Act. 22
6 Main objects 23
The main objects of this Act are-- 24
(a) to implement initiatives, consistent with the ministerial 25
declaration `Stepping forward: improving pathways for all young 26
people', to ensure young people participate in a period of 27
education or training after they turn 16 or complete year 10; and 28
(b) to outline a range of education and training options for them 29
during this period; and 30
(c) to provide for their participation and learning achievements 31
during this period to be recorded. 32
s7 10 s8
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7 Activities to achieve objects 1
To achieve the objects of this Act, the chief executive may-- 2
(a) carry on the following activities ("planning activities")-- 3
(i) monitoring the operation and effectiveness of this Act; 4
(ii) carrying out planning relating to the matters dealt with 5
under this Act; 6
(iii) developing strategies to better achieve the objects of this 7
Act; and 8
(b) carry on the following activities ("re-engagement activities")-- 9
(i) identifying young persons in the compulsory participation 10
phase who are not participating full-time in an eligible 11
option; 12
(ii) giving them information about the options available to 13
them; 14
(iii) encouraging them to participate in a way that achieves the 15
best learning outcomes for them; 16
(iv) encouraging and helping their parents to play a role in the 17
matters stated in subparagraphs (i) to (iii). 18
8 Guiding principles 19
This Act is to be administered in a way that has sufficient regard to the 20
following principles-- 21
(a) the State should develop practical ways to improve the social, 22
educational and employment outcomes of young people 23
including, in particular, those who are at risk of disengaging from 24
education and training; 25
(b) the State should foster a community commitment to young 26
people by involving members of the community and community 27
organisations in-- 28
(i) developing education and training opportunities for young 29
people; and 30
(ii) re-engaging young people in education and training; and 31
s9 11 s 11
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(iii) developing ways to improve the social outcomes of young 1
people; 2
(c) the State should work with parents to achieve the best outcomes 3
for young people; 4
(d) the State should work in consultation with non-government 5
entities to achieve the objects of this Act. 6
Division 3--Interpretation 7
9 Definitions 8
The dictionary in schedule 2 defines particular words used in this Act. 9
10 Notes in text 10
A note in the text of this Act is part of this Act. 11
PART 2--COMPULSORY PARTICIPATION IN 12
EDUCATION OR TRAINING 13
Division 1--Key terms 14
11 Compulsory participation phase 15
A young person's "compulsory participation phase"-- 16
(a) starts when the person stops being of compulsory school age; and 17
(b) ends when the person-- 18
(i) gains a senior certificate or certificate III; or 19
(ii) has participated in eligible options for 2 years after the 20
person stopped being of compulsory school age; or 21
(iii) turns 17. 22
s 12 12 s 14
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12 Eligible options and providers 1
In the following table, each of the options listed is an "eligible option" 2
and the entity stated opposite is the "provider" for the option. 3
eligible option provider
an educational program provided a State educational institution
under the EGP Act
an educational program provided a non-State school
under the Education (Accreditation of
Non-State Schools) Act 2001
a course of higher education under a university or non-university
the Higher Education (General provider
Provisions) Act 1993
a course of vocational education and a TAFE institute or registered
training provided under the VETE Act training organisation
an apprenticeship or traineeship a registered training
under the VETE Act organisation
a departmental employment skills the VETE chief executive
development program
Division 2--Participation in a program or course 4
13 Application of div 2 5
This division applies to an eligible option other than an apprenticeship or 6
traineeship under the VETE Act. 7
14 What is participation 8
(1) A young person is participating in an eligible option only if the 9
person is-- 10
(a) enrolled with the provider in the relevant program or course; and 11
(b) complying with the provider's attendance requirements for the 12
program or course. 13
s 15 13 s 16
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(2) The provider's attendance requirements for a program or course are 1
the requirements about physically attending, at particular times, the 2
provider's premises or another place. 3
(3) However, despite subsection (2)-- 4
(a) the provider's attendance requirements for a program of distance 5
education are to complete and return the assigned work for the 6
program; and 7
(b) the provider's attendance requirements for another external 8
program are its requirements about communicating with or 9
contacting the provider for the purpose of participating in the 10
program or course. 11
15 Full-time participation 12
A reference to full-time participation in an eligible option-- 13
(a) is a reference to participation in an eligible option at a level that 14
is full-time under the requirements of the option; and 15
(b) includes part-time participation in 2 or more eligible options to 16
an extent that is at least equivalent to full-time participation in 17
1 option. 18
19
Example for paragraph (b)--
20
A young person is participating part-time in an educational program at a
21
school (the "school program") and part-time in a course of vocational
22
education and training at a TAFE institute (the "VET course").
23
The levels of the young person's participation are--
24
· 60% of full-time participation in the school program
25
· 40% of full-time participation in the VET course.
16 Allowed absence 26
A young person's participation in an eligible option is taken to continue 27
during an absence allowed under the requirements of the option. 28
29
Example--
30
A person enrolled in an educational program at a State school is absent for a day
31
because of illness.
s 17 14 s 19
Youth Participation in Education and Training
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17 Suspension or exclusion 1
(1) If a young person participating in an eligible option stops attending 2
the provider because the person has been suspended from the provider, the 3
person's participation in the option is taken to continue during the period of 4
the suspension. 5
(2) Subsection (1) does not apply to suspension from a State Educational 6
institution under the EGP Act if the person has been placed in an alternative 7
educational program under section 30 of that Act. 8
9
Note--
10
Section 14(1) and (3)(b) provide for how the person participates in the alternative
11
educational program.
(3) If a young person participating in an eligible option stops attending 12
the provider because the person has been excluded from the provider, the 13
person is taken (for this part) to be continuing to participate in an eligible 14
option, at the same level as before the exclusion, for the time reasonably 15
required for the person to resume participation in an eligible option. 16
Division 3--Participation in an apprenticeship or traineeship 17
18 Participation in an apprenticeship or traineeship 18
(1) This section applies to a young person who is an apprentice or trainee 19
under the VETE Act. 20
(2) The person is taken to be participating full-time in an apprenticeship 21
or traineeship under the VETE Act. 22
Division 4--Parents' obligation 23
19 Obligation to ensure participation 24
(1) Each parent of a young person in the compulsory participation phase 25
must ensure the young person is participating full-time in an eligible 26
option, unless the parent has a reasonable excuse. 27
Maximum penalty-- 28
(a) for a first offence--5 penalty units; or 29
s 20 15 s 21
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(b) for a second or subsequent offence, whether or not relating to the 1
same child of the parent--10 penalty units. 2
(2) Without limiting subsection (1), it is a reasonable excuse for a parent 3
that-- 4
(a) the young person lives with another parent and the first parent 5
believes, on reasonable grounds, the other parent is ensuring the 6
young person participates full-time in an eligible option; or 7
(b) in all the circumstances, the parent is not reasonably able to 8
control the young person's behaviour to the extent necessary to 9
ensure the young person participates full-time in an eligible 10
option. 11
20 Exceptions to obligation 12
(1) Section 19(1) does not apply to the extent provided under a 13
dispensation in force under part 3. 14
(2) Section 19(1) does not apply if-- 15
(a) the young person is in paid employment for at least 25 hours 16
each week; or 17
(b) the young person is in paid employment for less than 25 hours 18
each week, or unpaid employment, under an employment 19
exemption. 20
(3) Section 19(1) does not apply if the young person is enrolled with an 21
entity providing a non-departmental employment skills development 22
program and attending the entity for the program. 23
(4) Section 19(1) does not apply to the extent of any inconsistency with a 24
law of the Commonwealth under which a young person in the compulsory 25
participation phase may carry on an activity other than participating 26
full-time in an eligible option. 27
21 Information notice and meeting 28
(1) This section applies if an authorised officer reasonably suspects a 29
young person is in the compulsory participation phase and is not 30
participating full-time in an eligible option. 31
s 22 16 s 22
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(2) The officer may give a parent of the young person a notice in the 1
approved form about the parent's obligation under section 19. 2
(3) The officer may also meet with the parent to discuss the obligation. 3
(4) If, despite the officer taking reasonable steps to meet with the parent 4
under subsection (3), no meeting is held, the officer may give the parent a 5
warning notice in the approved form. 6
(5) For the Police Powers and Responsibilities Act 2000, section 14,1 an 7
authorised officer acting under this section is a public official performing a 8
function authorised by this Act. 9
(6) In this section-- 10
"authorised officer" means the chief executive or an officer of the 11
department authorised by the chief executive for this section. 12
22 Limits on proceedings against a parent 13
(1) Proceedings for an offence against section 19(1) may be brought 14
against a parent-- 15
(a) only by the chief executive or with the chief executive's consent; 16
and 17
(b) only if the time when the parent is alleged to have committed the 18
offence is after-- 19
(i) the parent has been given a notice under section 21(2); and 20
(ii) at least 1 meeting has been held with the parent under 21
section 21(3) or the parent has been given a warning notice 22
under section 21(4). 23
(2) The chief executive (families) is not liable to be prosecuted for an 24
offence against section 19(1) in relation to a young person of whom the 25
chief executive (families) has been granted guardianship under the Child 26
Protection Act 1999. 27
1 Police Powers and Responsibilities Act 2000, section 14 (Helping public officials
exercise powers under other Acts)
s 23 17 s 25
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PART 3--DISPENSATIONS 1
Division 1--Bases for granting a dispensation 2
23 Explanation 3
This division states the bases on which the chief executive may grant a 4
dispensation from the requirement that a young person participate in an 5
eligible option. 6
24 Participation is impossible or should not be required 7
(1) The chief executive may grant a dispensation fully excusing a young 8
person from participation if the chief executive is satisfied-- 9
(a) the young person can not participate in any eligible option; or 10
(b) it would be unreasonable in all the circumstances to require the 11
young person to participate in any eligible option. 12
(2) The chief executive may grant a dispensation partially excusing a 13
young person from participation if the chief executive is satisfied-- 14
(a) the young person can not participate in any eligible option at a 15
full-time level; or 16
(b) it would be unreasonable in all the circumstances to require the 17
young person to participate in any eligible option at a full-time 18
level. 19
25 Home schooling 20
The chief executive may grant a dispensation if the chief executive is 21
satisfied that, throughout the period to which the dispensation applies, the 22
young person will be receiving education-- 23
(a) provided by a registered teacher; and 24
(b) complying with the requirements prescribed under a regulation. 25
s 26 18 s 27
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Division 2--Application process 1
26 Application for dispensation 2
(1) A young person, or a parent of a young person, may apply to the 3
chief executive for a dispensation from the requirement that the young 4
person participate in an eligible option. 5
(2) The application must-- 6
(a) be in the approved form; and 7
(b) state whether dispensation is sought under section 24 or 25; and 8
(c) state the period for which the dispensation is sought; and 9
(d) for an application by a young person--include the signed 10
consent of a parent of the young person. 11
(3) However, subsection (2)(d) does not apply if the chief executive is 12
satisfied it would be inappropriate in all the circumstances to require the 13
signed consent of a parent. 14
15
Example--
16
an application by a young person living independently of his or her parents
(4) The applicant must provide any other relevant information 17
reasonably required by the chief executive. 18
19
Examples--
20
1. If dispensation is sought under section 24 because the young person is suffering an
21
illness, the information required under this subsection may include stated medical
22
evidence.
23
2. If dispensation is sought under section 25, the information required under this
24
subsection may include details of the educational program to be provided to the
25
young person.
(5) The chief executive must decide the application as soon as 26
practicable. 27
27 Lapsing of application 28
(1) The chief executive may make a requirement under section 26(4), for 29
information to decide the application, by giving the applicant a notice 30
stating-- 31
(a) the required information; and 32
s 28 19 s 29
Youth Participation in Education and Training
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(b) the time by which the information must be given to the chief 1
executive; and 2
(c) that, if the information is not given to the chief executive by the 3
stated time, the application will lapse. 4
(2) The time stated must be reasonable and, in any case, at least 14 days 5
after the requirement is made. 6
(3) The chief executive may withdraw the requirement, or part of the 7
requirement, at any time. 8
(4) Before the stated time ends, the chief executive may give the 9
applicant a further notice extending the stated time if the chief executive is 10
satisfied it would be reasonable in all the circumstances to give the 11
extension. 12
(5) If the applicant does not comply with the requirement within the 13
stated time, or any extension, the application lapses. 14
28 Temporary dispensation until application is decided 15
(1) If the application is made before the young person starts the person's 16
compulsory participation phase, section 19(1) does not apply to a parent of 17
the young person until 14 days after the chief executive gives notice to the 18
applicant under section 30, or until the application lapses. 19
(2) If the application is made while an existing dispensation is in force 20
for the young person, the existing dispensation continues to apply until 21
14 days after the chief executive gives notice to the applicant under 22
section 30, or until the application lapses. 23
29 Contents of dispensation 24
(1) This section applies if the chief executive decides to grant the 25
dispensation. 26
(2) The dispensation must state-- 27
(a) the day it is granted; and 28
(b) the young person to whom it relates; and 29
(c) whether it is full or partial and, if it is partial, the extent to which 30
the person is excused from participation; and 31
s 30 20 s 32
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(d) whether it applies until the end of the person's compulsory 1
participation phase or only until a stated earlier time; and 2
(e) any conditions on which it is granted. 3
30 Notice about decision and right to seek review 4
(1) The chief executive must give the applicant notice of the decision on 5
the application. 6
(2) If the chief executive decides the application in a way mentioned in 7
section 31(a) to (c), the notice must state-- 8
(a) the decision; and 9
(b) the reasons for the decision; and 10
(c) that, within 28 days after receiving the notice, the applicant may 11
apply to the chief executive for a review of the decision; and 12
(d) how the applicant may apply for the review. 13
Division 3--Review of decision by chief executive 14
31 Reviewable decision by chief executive 15
This division applies if the chief executive's decision on the application 16
(the "original decision") is to-- 17
(a) refuse to grant the dispensation; or 18
(b) grant the dispensation on stated conditions; or 19
(c) grant the dispensation for a lesser period than the period applied 20
for. 21
32 Application for review 22
(1) The applicant may apply to the chief executive for a review of the 23
original decision. 24
(2) The application must be made-- 25
(a) if the applicant receives notice about the original decision under 26
section 30--within 28 days after the notice is received; or 27
s 33 21 s 33
Youth Participation in Education and Training
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(b) otherwise--within 28 days after the applicant becomes aware of 1
the original decision. 2
(3) The chief executive may extend the time for making the application. 3
(4) The application must be in the approved form and supported by 4
enough information to enable the chief executive to decide the application. 5
33 Review decision 6
(1) Unless the chief executive made the original decision personally, the 7
chief executive must ensure the application is not dealt with by-- 8
(a) the person who made the original decision; or 9
(b) a person in a less senior office than the person who made the 10
original decision. 11
(2) Within 28 days after receiving the application, the chief executive 12
must review the original decision and make a decision (the "review 13
decision")-- 14
(a) confirming the original decision; or 15
(b) amending the original decision; or 16
(c) substituting another decision for the original decision. 17
(3) The chief executive must make the review decision on the material 18
that led to the original decision and any other material the chief executive 19
considers relevant. 20
(4) Immediately after making the review decision, the chief executive 21
must give the applicant notice of the decision. 22
(5) If the chief executive makes the review decision in a way mentioned 23
in section 31(a) to (c), the notice must state-- 24
(a) the decision; and 25
(b) the reasons for the decision; and 26
(c) that, within 28 days after receiving the notice, the applicant may 27
appeal against the decision to the Magistrates Court. 28
s 34 22 s 36
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Division 4--Appeal to Magistrates Court 1
34 Application of div 4 2
This division applies if the chief executive makes a review decision in a 3
way mentioned in section 31(a) to (c). 4
35 Appeal to Magistrates Court 5
(1) The applicant may appeal against the review decision to the 6
Magistrates Court. 7
(2) The appeal must be started-- 8
(a) if the applicant receives notice about the review decision under 9
section 33(5)--within 28 days after the notice is received; or 10
(b) otherwise--within 28 days after the applicant becomes aware of 11
the review decision. 12
(3) However, the court may extend the time for making the appeal. 13
36 Conduct of appeal 14
(1) The appeal is started by filing a notice of appeal in the court. 15
(2) The appeal is by way of rehearing, unaffected by the review decision, 16
on the material before the chief executive and any further evidence allowed 17
by the court. 18
(3) The court may-- 19
(a) allow the appeal and make any order it considers appropriate; or 20
(b) dismiss the appeal. 21
s 37 23 s 39
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PART 4--STUDENT ACCOUNTS 1
Division 1--Preliminary 2
37 Explanation and purposes 3
(1) This part provides for the keeping of a record (a "student account") 4
for every young person about the person's participation in eligible options 5
during the compulsory participation phase. 6
(2) The purposes of keeping student accounts are-- 7
(a) to support the Queensland Studies Authority (the "QSA") in 8
performing its certification functions under the QSA Act, 9
section 13; and 10
(b) to make information available to the chief executive to enable the 11
chief executive to carry on planning activities and re-engagement 12
activities.2 13
Division 2--Opening student accounts for young persons of compulsory 14
school age 15
38 When an account must be opened 16
A student account must be opened for a young person within 1 year 17
before the start of the person's compulsory participation phase. 18
39 Who must open an account 19
The following person is responsible for opening a student account for a 20
young person-- 21
(a) if the young person is enrolled with a State educational 22
institution or non-State school--the principal of the institution or 23
school; 24
(b) otherwise--the chief executive. 25
2 See section 7 (Activities to achieve objects).
s 40 24 s 43
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40 How an account is opened 1
A student account is opened for a young person by giving notice to the 2
QSA, in the approved form, of the following information about the young 3
person-- 4
(a) name and any previous names; 5
(b) address; 6
(c) date of birth; 7
(d) other information prescribed under a regulation; 8
(e) the eligible option in which the young person proposes to 9
participate when the young person starts the compulsory 10
participation phase. 11
Division 3--Student account phase 12
41 The student account phase 13
A young person is in the "student account phase" if-- 14
(a) the person is in the compulsory participation phase; or 15
(b) the person is not yet in the compulsory participation phase but a 16
student account has been opened for the person. 17
42 Obligation to notify enrolment 18
If a young person in the student account phase enrols with a provider, the 19
provider must give notice to the QSA, in the approved form, of the person's 20
enrolment. 21
43 Obligation to open an account 22
(1) This section applies if the QSA receives a notice under section 42 23
about a young person who is in the compulsory participation phase but 24
does not have a student account. 25
(2) The QSA may give the provider a notice asking it to open an account 26
for the young person. 27
s 44 25 s 45
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(3) On receiving the request, the provider must open a student account 1
for the young person by giving notice to the QSA, in the approved form, of 2
the following information about the person-- 3
(a) the information mentioned in section 40(a) to (d); 4
(b) any eligible options in which the person is participating or has 5
participated since starting the compulsory participation phase. 6
44 Obligation to notify other matters 7
(1) This section applies to a provider with which a young person in the 8
student account phase is enrolled. 9
(2) The provider must give notice to the QSA, in the approved form, at 10
the times prescribed under a regulation, of the following matters-- 11
(a) if the provider is aware that information, previously notified to 12
the QSA under this part, has changed or is incorrect--the new or 13
correct information; 14
(b) if the young person stops being enrolled with the provider--the 15
day the person stopped. 16
17
Note--
18
The provider is also required to give the QSA certain information about the person's
19
results. See the QSA Act, section 18A.
(3) Subsection (2)(a) does not apply to information mentioned in 20
section 40(e). 21
45 Chief executive of VETE department may give notice on behalf of 22
certain providers 23
(1) This section applies to a provider that is a TAFE institute or 24
registered training organisation. 25
(2) The provider complies with a requirement under this division to give 26
notice to the QSA if, with the written agreement of the VETE chief 27
executive, it gives the relevant information to the VETE chief executive and 28
asks the VETE chief executive to give the notice on its behalf. 29
s 46 26 s 46
Youth Participation in Education and Training
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Division 4--Use and disclosure of information 1
46 Use and disclosure by the QSA 2
(1) The QSA may use student account information to perform its 3
certification functions under the QSA Act, section 13. 4
(2) To enable the QSA to ensure the accuracy of information recorded in 5
a person's student account, the QSA may disclose student account 6
information about the person to a provider. 7
(3) To enable the chief executive to carry on planning activities,3 the 8
QSA must give the chief executive the aggregated information that the 9
chief executive asks for. 10
(4) The QSA must include, in its annual report for a financial year under 11
the Financial Administration and Audit Act 1977, the details of each 12
request under subsection (3) received during the year. 13
(5) To enable the chief executive to carry on re-engagement activities,4 14
the QSA must give the chief executive any of the prescribed information 15
that the chief executive asks for about a young person who, according to 16
the person's student account-- 17
(a) is in the compulsory participation phase; and 18
(b) has stopped being enrolled with a provider; and 19
(c) after a period of at least 3 months, has not re-enrolled with a 20
provider. 21
(6) In this section-- 22
"aggregated information" means information about young people in the 23
student account phase that-- 24
(a) comprises or includes, or is derived from, information given to 25
the QSA under this part; and 26
(b) could not reasonably be expected to result in the identification of 27
any of the persons to whom it relates. 28
"prescribed information", about a young person, means-- 29
3 See section 7(a) (Activities to achieve objects).
4 See section 7(b) (Activities to achieve objects).
s 47 27 s 48
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(a) name and any previous names; 1
(b) address; 2
(c) date of birth; 3
(d) details of the last eligible option in which, according to the 4
person's student account, the person was participating. 5
"student account information" means information recorded in a student 6
account. 7
47 Disclosure by chief executive to appropriate entities 8
To help in carrying on re-engagement activities, the chief executive may 9
disclose the following information about a young person in the compulsory 10
participation phase to an entity the chief executive considers appropriate-- 11
(a) name and any previous names; 12
(b) address; 13
(c) date of birth; 14
(d) the last eligible option in which the young person participated, so 15
far as the chief executive is aware. 16
17
Examples of entities that may be appropriate--
18
· a provider
19
· a youth support entity
20
· a human services entity
Division 5--Miscellaneous 21
48 Overseas students 22
(1) This section applies despite divisions 2 and 3. 23
(2) An entity must not open a student account for an overseas student, or 24
give notice to the QSA of the enrolment of an overseas student, without the 25
student's written agreement. 26
s 49 28 s 52
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(3) In this section-- 1
"overseas student" means a person who holds a student visa issued under 2
the Migration Act 1958 (Cwlth). 3
PART 5--LEGAL PROCEEDINGS 4
Division 1--Evidence 5
49 Application of div 1 6
This division applies to a proceeding under this Act. 7
50 Appointments and authority 8
It is not necessary to prove the appointment of the chief executive or an 9
authorised officer, or the authority of the chief executive or an authorised 10
officer to do anything under this Act, unless a party, by reasonable notice, 11
requires proof of the appointment or authority. 12
51 Signatures 13
A signature purporting to be the signature of the chief executive or an 14
authorised officer is evidence of the signature it purports to be. 15
52 Other evidentiary aids 16
A certificate purporting to be signed by the chief executive and stating 17
any of the following matters is evidence of the matter-- 18
(a) a stated document is-- 19
(i) an approval, decision or requirement made under this Act; 20
or 21
(ii) a dispensation granted under this Act; or 22
(iii) a notice given under this Act; 23
s 53 29 s 55
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(b) a stated document is a copy of a document mentioned in 1
paragraph (a); 2
(c) on a stated day, or during a stated period, an authorisation as an 3
authorised officer was, or was not, in force for a stated person; 4
(d) on a stated day, or during a stated period, a dispensation relating 5
to a stated young person was, or was not, in force; 6
(e) on a stated day, a stated person was given a stated notice under 7
this Act; 8
(f) on a stated day, a stated requirement was made of a stated person. 9
Division 2--Offence proceedings 10
53 Summary proceedings for offences 11
(1) A proceeding for an offence against this Act must be taken in a 12
summary way under the Justices Act 1886. 13
(2) The proceeding must start-- 14
(a) within 1 year after the commission of the offence; or 15
(b) within 6 months after the offence comes to the complainant's 16
knowledge, but within 2 years after the commission of the 17
offence. 18
54 Statement of complainant's knowledge 19
In a complaint starting a proceeding for an offence against this Act, a 20
statement that the matter of the complaint came to the complainant's 21
knowledge on a stated day is evidence of when the matter came to the 22
complainant's knowledge. 23
55 Evidence of chief executive's consent 24
A certificate, purporting to be signed by the chief executive, that the 25
chief executive consents to the bringing of proceedings for an offence 26
against section 19(1) is evidence of the consent. 27
s 56 30 s 59
Youth Participation in Education and Training
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PART 6--MISCELLANEOUS 1
Division 1--Involvement of certain non-State school entities 2
56 Entities to which this division applies 3
This division applies to the following entities-- 4
(a) the Association of Independent Schools of Queensland Inc.; 5
(b) the Queensland Catholic Education Commission. 6
57 Consultation about planning 7
The chief executive must consult regularly with the entities for the 8
purpose of carrying on planning activities.5 9
58 Consultation about proposed regulations 10
The Minister must consult with the entities before making a 11
recommendation to the Governor in Council about making a regulation 12
under section 40(d), 44(2) or 59.6 13
59 Aggregated information 14
(1) The QSA must give each of the entities, at the times prescribed under 15
a regulation, the aggregated information prescribed under a regulation 16
relating to the entity. 17
(2) In this section-- 18
"aggregated information" see section 46(6). 19
5 See section 7(a) (Activities to achieve objects).
6 Section 40 (How an account is opened), 44 (Obligation to notify other matters) or 59
(Aggregated information)
s 60 31 s 60
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Division 2--Other matters 1
60 Confidentiality 2
(1) This section applies to a person-- 3
(a) who is or has been-- 4
(i) the chief executive or a public service employee in the 5
department; or 6
(ii) an employee of a provider; or 7
(iii) an employee of the QSA; or 8
(iv) an entity, or an employee of an entity, to whom the chief 9
executive has given information under section 47;7 and 10
(b) who, in the course of the administration of this Act, or because of 11
opportunity provided by the administration, has gained or has 12
access to personal information about a young person in the 13
student account phase. 14
(2) The person must not make a record of the information, disclose the 15
information to anyone else or give access to the information to anyone else, 16
other than-- 17
(a) for a purpose of this Act; or 18
(b) with the consent of the person to whom the information relates; 19
or 20
(c) in compliance with lawful process requiring production of 21
documents or giving of evidence before a court or tribunal; or 22
(d) as permitted or required by another Act. 23
Maximum penalty--50 penalty units. 24
(3) Subsection (2) continues to apply to personal information about a 25
young person in the student account phase after the phase ends. 26
(4) In this section-- 27
"disclose" information includes give access to the information. 28
"employee", of a provider, the QSA or another entity, includes-- 29
7 Section 47 (Disclosure by chief executive to appropriate entities)
s 61 32 s 63
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(a) a person appointed to a position with the entity; and 1
(b) a person engaged by the entity under a contract for services; and 2
(c) an unpaid employee of the entity. 3
"personal information" means information or an opinion, whether true or 4
not, about an individual whose identity is apparent, or can reasonably 5
be ascertained, from the information or opinion. 6
61 Delegation by chief executive 7
(1) The chief executive may delegate the chief executive's powers under 8
this Act to an appropriately qualified officer or employee of the department 9
or the VETE department. 10
(2) A delegation of a power may permit the subdelegation of the power 11
to an appropriately qualified officer or employee of the department or the 12
VETE department. 13
(3) In this section-- 14
"appropriately qualified" includes having qualifications, experience or 15
standing appropriate to exercise the power. 16
17
Example of standing--
18
a person's classification level in the public service
62 Approved forms 19
The chief executive may approve forms for use under this Act. 20
63 Regulation-making power 21
The Governor in Council may make regulations under this Act. 22
s 64 33 s 65
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PART 7--AMENDMENT OF EDUCATION (GENERAL 1
PROVISIONS) ACT 1989 2
Division 1--Preliminary 3
64 Act amended in pt 7 and sch 1 4
This part and schedule 1 amend the Education (General Provisions) Act 5
1989. 6
Division 2--Amendments commencing on proclamation 7
65 Amendment of s 2 (Interpretation) 8
(1) Section 2(1), definitions "age of compulsory attendance" and 9
"excluded person"-- 10
omit. 11
(2) Section 2(1)-- 12
insert-- 13
` "compulsory school age" means at least 6 years and less than 15 years. 14
"educational program" includes a program under arrangements approved 15
under section 114A or 114B. 16
"excluded person" see sections 36(1) and (2) and 36E(3). 17
"registered teacher" means a person registered as a teacher under the 18
Education (Teacher Registration) Act 1988. 19
"school of distance education" means-- 20
(a) a State educational institution, other than a State school, offering 21
distance education; or 22
(b) a non-State school accredited or provisionally accredited under 23
the Education (Accreditation of Non-State Schools) Act 2001 to 24
provide distance education.'. 25
s 66 34 s 67
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(3) Section 2(1), definition "teacher", paragraph (a)-- 1
omit, insert-- 2
`(a) is a registered teacher; or'. 3
66 Amendment of s 14 (Provision of State education) 4
(1) Section 14(1), `a program of instruction'-- 5
omit, insert-- 6
`an educational program'. 7
(2) Section 14(2), `program of instruction'-- 8
omit, insert-- 9
`educational program'. 10
67 Amendment of s 19B (Implementation of syllabus or preschool 11
guideline at a State educational institution) 12
(1) Section 19B, heading, after `syllabus'-- 13
insert-- 14
`, course'. 15
(2) Section 19B(1), from `implement'-- 16
omit, insert-- 17
`implement-- 18
(a) an approved syllabus or accredited syllabus for the area of 19
learning; or 20
(b) for an institution that is a registered training organisation--an 21
accredited course.'. 22
(3) Section 19B(3), from `implement'-- 23
omit, insert-- 24
`implement-- 25
(a) a stated approved syllabus or accredited syllabus for the area of 26
learning; or 27
s 68 35 s 70
Youth Participation in Education and Training
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(b) for an institution that is a registered training organisation--a 1
stated accredited course.'. 2
(4) Section 19B(5)-- 3
insert-- 4
` "accredited course" means a course accredited under the Vocational 5
Education, Training and Employment Act 2000. 6
"registered training organisation" means a registered training 7
organisation under the Vocational Education, Training and 8
Employment Act 2000.'. 9
68 Amendment of pt 4, div 3 hdg (Exclusion of students) 10
Part 4, division 3, heading, after `students'-- 11
insert-- 12
`by supervisor'. 13
69 Amendment of s 33 (Grounds for exclusion of student) 14
Section 33, heading, after `student'-- 15
insert-- 16
`by supervisor'. 17
70 Amendment of s 36 (Exclusion of student) 18
(1) Section 36, heading, after `student'-- 19
insert-- 20
`by supervisor'. 21
(2) Section 36-- 22
insert-- 23
`(6) The supervisor's power under this section to exclude the student 24
from State educational institutions applies to an institution only if the 25
supervisor is the supervisor of the principal of the institution.'. 26
s 71 36 s 71
Youth Participation in Education and Training
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71 Insertion of new pt 4, div 3A and div 3B hdg 1
After section 36-- 2
insert-- 3
`Division 3A--Exclusion of students by chief executive 4
`36A Chief executive's power to exclude student 5
`(1) The chief executive may exclude a student from a stated State 6
educational institution, or all State educational institutions, if the chief 7
executive is satisfied a ground exists for the exclusion. 8
`(2) The chief executive may act under this division whether or not the 9
student has already been suspended or excluded under this part. 10
`36B Grounds for exclusion of student by chief executive 11
`Despite section 33, the grounds for excluding a student under this 12
division are-- 13
(a) the student's attendance at the institution or institutions presents 14
an unreasonable risk to the safety of other students or staff; or 15
(b) the student has persistently engaged in gross misbehaviour that 16
adversely affects the education of other students. 17
`36C Suspension pending final decision about exclusion 18
`(1) If the chief executive is reasonably satisfied a ground exists to 19
exclude a student from an institution or institutions, and the student is not 20
already suspended or excluded from the institution or institutions, the chief 21
executive must immediately suspend the student from the institution or 22
institutions pending a final decision about the exclusion. 23
`(2) The chief executive must give the student a notice stating-- 24
(a) that the student is immediately suspended from the institution or 25
institutions or, if the student is already suspended or excluded 26
from the institution or institutions, that the suspension or 27
exclusion continues until a final decision is made about the chief 28
executive's proposed exclusion; and 29
s 71 37 s 71
Youth Participation in Education and Training
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(b) that the chief executive proposes to exclude the student from the 1
institution or institutions; and 2
(c) the reason for the proposed exclusion; and 3
(d) if the proposed exclusion is not permanent--the period of the 4
proposed exclusion; and 5
(e) that the student may make a submission to the chief executive 6
against the proposed exclusion within 5 school days after the day 7
the notice is given to the student or the longer period allowed by 8
the chief executive; and 9
(f) the title, name and address of the chief executive; and 10
(g) the way in which the submission may be made. 11
`(3) The chief executive must immediately give copies of the notice to 12
the principal of the institution with which the student is enrolled and the 13
principal's supervisor. 14
`36D Submissions against proposed exclusion 15
`(1) A student given a notice under section 36C may make a submission 16
against the proposed exclusion in the way stated in the notice. 17
`(2) The submission must-- 18
(a) be made to the chief executive no later than 5 school days after 19
the day the notice is given to the student; and 20
(b) state fully the grounds for the submission and the facts relied on. 21
`(3) If, within 5 school days after the notice is given to the student, the 22
student asks the chief executive for a longer period to make the submission, 23
the chief executive may, by notice, state a longer period allowed for 24
submissions. 25
`36E Exclusion of student by chief executive 26
`(1) After considering any submissions received from a student under 27
section 36D, the chief executive must decide whether to exclude the 28
student and, if so, the period of the exclusion. 29
`(2) The chief executive may not decide to exclude the student for a 30
longer period than the period of the proposed exclusion stated in the notice 31
given to the student under section 36C. 32
s 72 38 s 72
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`(3) If the chief executive is reasonably satisfied a ground exists to 1
exclude the student from an institution or institutions, the chief executive 2
must give the student (the "excluded person") a notice stating-- 3
(a) that the student is excluded from the stated institution or 4
institutions; and 5
(b) the reason for the exclusion; and 6
(c) if the proposed exclusion is not permanent--the period of the 7
exclusion; and 8
(d) that the student may make a submission asking the chief 9
executive to review the exclusion; and 10
(e) the title, name and address of the chief executive; and 11
(f) the way in which the submission may be made. 12
`(4) If the chief executive decides not to exclude the student, the chief 13
executive must give the student a notice stating-- 14
(a) the decision; and 15
(b) that the suspension has ended and the student may return to the 16
institution or institutions the student was attending before the 17
suspension. 18
`(5) If the chief executive gives a notice under subsection (4), the 19
suspension under section 36C, and any other suspension or exclusion of the 20
student under this part, ends. 21
`(6) The chief executive must give notice of the decision about the 22
exclusion to the principal of the institution with which the student is or was 23
enrolled and the principal's supervisor. 24
`Division 3B--Review of decisions about exclusion'. 25
72 Amendment of s 37 (Submissions against exclusions) 26
Section 37(1), `The excluded person'-- 27
omit, insert-- 28
`If an exclusion is made under division 3 or 3A, the excluded person'. 29
s 73 39 s 74
Youth Participation in Education and Training
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73 Amendment of s 38 (Dealing with submissions against exclusions) 1
(1) Section 38(1), `promptly'-- 2
omit, insert-- 3
`, within 40 business days after receiving the submission,'. 4
(2) Section 38(2)(a)(ii), after `supervisor's decision'-- 5
insert-- 6
`or chief executive's original decision'. 7
(3) Section 38-- 8
insert-- 9
`(3) If the original decision was made under division 3A and was not 10
made by the chief executive personally, the chief executive must ensure the 11
submission is not dealt with under this section by-- 12
(a) the person who made the original decision; or 13
(b) a person in a less senior office than the person who made the 14
original decision.'. 15
74 Insertion of new s 38A 16
Part 4, division 3B, after section 38-- 17
insert-- 18
`38A Periodic review of decision to exclude under div 3A 19
`(1) This section applies while a person (the "student") is excluded 20
under division 3A. 21
`(2) Within 1 month before the end of each school year, the chief 22
executive must give the student a notice stating-- 23
(a) that the student may make a written submission to the chief 24
executive about whether the exclusion should be revoked; and 25
(b) the title, name and address of the chief executive; and 26
(c) the way in which the submission may be made; and 27
(d) the time, not less than 14 days after the notice is given, by which 28
the submission must be made. 29
s 74 40 s 74
Youth Participation in Education and Training
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`(3) At any time before deciding whether to revoke the exclusion under 1
this section, the chief executive may extend the time for making a 2
submission. 3
`(4) The student may make a submission, in the way stated in the notice, 4
within the time stated in the notice or any later time allowed under 5
subsection (3). 6
`(5) After considering any submissions received from the student under 7
subsection (4), the chief executive must-- 8
(a) decide whether to revoke the exclusion; and 9
(b) give written notice of the decision and the reasons for the 10
decision to-- 11
(i) the student; and 12
(ii) the principal of the institution with which the student was 13
enrolled immediately before the exclusion started; and 14
(iii) the principal's supervisor. 15
`(6) The chief executive must revoke the exclusion to the extent it applies 16
to an institution if the chief executive is reasonably satisfied -- 17
(a) the ground mentioned in section 36B(a) does not apply; and 18
(b) if the student was excluded on the ground mentioned in 19
section 36B(b)--the gross misbehaviour is unlikely to continue 20
if the student were allowed to attend the institution. 21
`(7) Otherwise, the chief executive must not revoke the exclusion. 22
`(8) In this section-- 23
"revoke", an exclusion, means-- 24
(a) revoke the exclusion entirely; or 25
(b) amend the exclusion so it no longer applies to a particular 26
institution.'. 27
s 75 41 s 75
Youth Participation in Education and Training
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75 Replacement of s 114 (Compulsory enrolment and attendance at 1
school) 2
Section 114-- 3
omit, insert-- 4
`114 Compulsory schooling 5
`(1) Each parent of a child of compulsory school age must-- 6
(a) ensure the child is enrolled with a State educational institution or 7
a non-State school; and 8
(b) ensure the child attends the institution or school, on every school 9
day, for the educational program in which the child is enrolled. 10
`(2) A child attends an institution or school only if he or she complies 11
with the institution or school's requirements about physically attending, at 12
particular times, its premises or another place. 13
`(3) However, despite subsection (2)-- 14
(a) a child enrolled in a program of distance education attends the 15
school of distance education by completing and returning the 16
assigned work for the program; and 17
(b) a child enrolled in another program that does not require physical 18
attendance at the institution or school's premises or another place 19
attends the institution or school by complying with its 20
requirements about communicating with or contacting the 21
institution or school for the purpose of participating in the 22
program. 23
`(4) Subsection (1) applies subject to this part. 24
`114A Flexible arrangements--non-State school 25
`(1) The authorised entity for a non-State school may approve 26
arrangements for a student at the school that are to apply to the student 27
instead of participation in the school's educational programs in the usual 28
way. 29
`(2) The authorised entity may approve the arrangements only if-- 30
(a) a registered teacher has prepared written assessments of-- 31
(i) the student's educational and other needs; and 32
s 75 42 s 75
Youth Participation in Education and Training
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(ii) the learning outcomes that the proposed arrangements are 1
intended to achieve; and 2
(iii) the suitability of each provider; and 3
(b) the entity has considered-- 4
(i) the written assessments prepared under paragraph (a); and 5
(ii) how, and by whom, the student's participation in the 6
arrangements is to be monitored; and 7
(iii) how, and by whom, each provider's involvement in the 8
arrangements is to be monitored and its effectiveness 9
evaluated; and 10
(c) the entity is satisfied the arrangements are appropriate, having 11
regard to-- 12
(i) the student's individual needs and circumstances; and 13
(ii) what the entity considers is most likely to achieve the best 14
learning outcomes for the student; and 15
(iii) the desirability, unless it would be inappropriate in all the 16
circumstances, of the arrangements requiring the student's 17
participation at a level that is equivalent to full-time 18
participation in the school's educational programs in the 19
usual way; and 20
(iv) any other matter prescribed under a regulation; and 21
(d) a parent of the student has given written agreement to the 22
arrangements; and 23
(e) the entity has discussed the proposed arrangements with the 24
student to the extent the entity considers appropriate, having 25
regard to the student's age and other relevant circumstances. 26
`(3) The non-State school must keep, for at least 5 years after the 27
arrangements stop applying to the student-- 28
(a) the written assessments prepared under subsection (2)(a); and 29
(b) a record of the authorised entity's consideration of the matters 30
stated in subsection (2)(b); and 31
(c) the written agreement obtained under subsection (2)(d). 32
s 75 43 s 75
Youth Participation in Education and Training
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`(4) However, subsection (2)(d) does not apply if the authorised entity is 1
satisfied it would be impracticable or inappropriate in the circumstances to 2
require the written agreement of a parent. 3
4
Example--
5
It may be inappropriate to require a parent's written agreement if the student is living
6
independently of his or her parents.
`(5) In this section-- 7
"authorised entity", for a non-State school, means-- 8
(a) the school's governing body under the Education (Accreditation 9
of Non-State Schools) Act 2001; or 10
(b) a staff member of the school given written authorisation by the 11
governing body for this section. 12
"provider", in relation to arrangements for a student, means an entity 13
directly involved in providing a program to the student under the 14
arrangements. 15
"student" means a student of compulsory school age. 16
`114B Flexible arrangements--State educational institution 17
`(1) The chief executive may approve arrangements for a student 18
enrolled with a State educational institution that are to apply to the student 19
instead of participation in the institution's educational programs in the 20
usual way. 21
`(2) Section 114A(2), (4) and (5), except the definition "authorised 22
entity", apply to the chief executive and the student as if-- 23
(a) a reference to the authorised entity were a reference to the chief 24
executive; and 25
(b) a reference to the non-State school were a reference to the State 26
educational institution.'. 27
s 76 44 s 77
Youth Participation in Education and Training
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76 Amendment of s 115 (Dispensation from compliance with 1
compulsory enrolment and attendance provisions) 2
(1) Section 115(1) and (3), `the age of compulsory attendance'-- 3
omit, insert-- 4
`compulsory school age'. 5
(2) Section 115(1), (2)(a), (2)(b), (2)(e) and (3), `Minister'-- 6
omit, insert-- 7
`chief executive'. 8
(3) Section 115(2)(d), (5) and (6)-- 9
omit. 10
(4) Section 115-- 11
insert-- 12
`(5) Section 114(1) does not apply to a child to the extent stated in a 13
dispensation or provisional dispensation in force for the child.'. 14
77 Insertion of new ss 116A and 116B 15
After section 116-- 16
insert-- 17
`116A Child's suspension or exclusion 18
`(1) Section 114(1) does not apply to a child who has been excluded 19
permanently from all State educational institutions. 20
`(2) Section 114(1)(b) does not apply-- 21
(a) for a child who is excluded for a limited period from all State 22
educational institutions--while the child is excluded; or 23
(b) for a child who is suspended from the State educational 24
institution with which the child is enrolled--while the child is 25
suspended and is not placed in an alternative education program 26
under section 30; or 27
(c) for a child who is suspended from the non-State school with 28
which the child is enrolled--while the child is suspended. 29
s 78 45 s 78
Youth Participation in Education and Training
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`(3) In this section-- 1
"excluded", from a State educational institution, means excluded under 2
part 4, division 3 or 3A. 3
"suspended", from a State educational institution, means suspended under 4
part 4, division 2. 5
`116B Child's illness 6
`(1) Section 114(1)(b) does not apply to a child for a period of not more 7
than 10 consecutive school days during which the child is too ill to attend 8
the State educational institution or non-State school with which the child is 9
enrolled. 10
11
Note--
12
For a child who is prevented by ill-health from attending school for longer periods, see
13
section 115 for the chief executive's power to grant a dispensation.
`(2) A regulation may provide for the obligations of the parents of a child 14
mentioned in subsection (1).'. 15
78 Replacement of s 117 (Distance education) 16
Section 117-- 17
omit, insert-- 18
`117 Information notice and meeting 19
`(1) This section applies if an authorised officer reasonably suspects a 20
child of compulsory school age-- 21
(a) is not enrolled with a State educational institution or a non-State 22
school; or 23
(b) is not attending the institution or school with which the child is 24
enrolled, on every school day, for the educational program in 25
which the child is enrolled. 26
`(2) The officer may give a parent of the child a notice in the approved 27
form about-- 28
(a) the obligation under section 114; and 29
(b) the offence under section 118. 30
s 79 46 s 79
Youth Participation in Education and Training
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`(3) The officer may also meet with the parent to discuss the matters 1
mentioned in subsection (2)(a) and (b). 2
`(4) If, despite the officer taking reasonable steps to meet with the parent 3
under subsection (3), no meeting is held, the officer may give the parent a 4
warning notice in the approved form. 5
`(5) For the Police Powers and Responsibilities Act 2000, section 14,8 an 6
authorised officer acting under this section is a public official performing a 7
function authorised by this Act. 8
`(6) In this section-- 9
"authorised officer" means the chief executive or an officer of the 10
department authorised by the chief executive for this section.'. 11
79 Amendment of s 118 (Penalty for noncompliance with compulsory 12
education provisions) 13
(1) Section 118(1) and (2)-- 14
omit, insert-- 15
`(1) A parent of a child of compulsory school age commits an offence if 16
the parent contravenes section 114 without a reasonable excuse. 17
Maximum penalty-- 18
(a) for a first offence--5 penalty units; or 19
(b) for a second or subsequent offence, whether or not relating to the 20
same child of the parent--10 penalty units. 21
`(2) Without limiting subsection (1), it is a reasonable excuse for a parent 22
to contravene section 114 that-- 23
(a) the child lives with another parent and the first parent believes, 24
on reasonable grounds, that the other parent is ensuring the 25
enrolment and attendance required under section 114; or 26
(b) in all the circumstances, the parent is not reasonably able to 27
control the child's behaviour to the extent necessary to comply 28
with section 114; or 29
8 Police Powers and Responsibilities Act 2000, section 14 (Helping public officials
exercise powers under other Acts)
s 79 47 s 79
Youth Participation in Education and Training
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(c) the child has been excluded from the State educational institution 1
or non-State school with which the child was enrolled and the 2
non-compliance is or was only for the time reasonably required 3
for the parent to arrange the child's enrolment with another 4
institution or school. 5
`(2A) Proceedings for the offence may be brought against a parent-- 6
(a) only by the chief executive or with the chief executive's consent; 7
and 8
(b) only if the time when the parent is alleged to have committed the 9
offence is after-- 10
(i) the parent has been given a notice under section 117(2); and 11
(ii) at least 1 meeting has been held with the parent under 12
section 117(3) or the parent has been given a warning notice 13
under section 117(4).'. 14
(2) Section 118(3)(b)-- 15
omit, insert-- 16
`(b) a statement in a complaint that a child was of compulsory school 17
age at the time of the offence is evidence of the matter; and'. 18
(3) Section 118(3)(d), `Minister'-- 19
omit, insert-- 20
`chief executive'. 21
(4) Section 118(3)(d), `the age of compulsory attendance'-- 22
omit, insert-- 23
`compulsory school age'. 24
(5) Section 118(3)-- 25
insert-- 26
`(e) a signature purporting to be the signature of the chief executive 27
or an authorised officer is evidence of the signature it purports to 28
be; and 29
(f) a certificate purporting to be signed by the chief executive and 30
stating any of the following matters is evidence of the matter-- 31
(i) a stated document is a notice given under this Act; 32
s 80 48 s 80
Youth Participation in Education and Training
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(ii) a stated document is a copy of a notice given under this Act; 1
(iii) on a stated day, a stated person was given a stated notice 2
under this Act; 3
(iv) on a stated day, or during a stated period, an authorisation as 4
an authorised officer was, or was not, in force for a stated 5
person; and 6
(g) a certificate, purporting to be signed by the chief executive, that 7
the chief executive consents to the bringing of the proceeding is 8
evidence of the consent.'. 9
(6) Section 118-- 10
insert-- 11
`(4) In this section-- 12
"authorised officer" see section 117(6).'. 13
80 Amendment of s 119 (Employment of children of school age) 14
(1) Section 119, heading, before `school'-- 15
insert-- 16
`compulsory'. 17
(2) Section 119(1), `the age of compulsory attendance'-- 18
omit, insert-- 19
`compulsory school age'. 20
(3) Section 119-- 21
insert-- 22
`(4) Subsection (1) does not apply to the employment of a child under 23
arrangements approved for the child under section 114A or 114B. 24
`(5) Also, subsection (1) applies subject to a law of the Commonwealth 25
under which a person of compulsory school age may be employed.'. 26
s 81 49 s 83
Youth Participation in Education and Training
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81 Amendment of s 123 (Calculation of allocation if s 122(1) does not 1
apply) 2
Section 123(5), `a program of education or instruction'-- 3
omit, insert-- 4
`an educational program'. 5
82 Insertion of new s 142B 6
Before section 143-- 7
insert-- 8
`142B Grants to other entities 9
`The Minister may give a grant to an entity for the purpose of-- 10
(a) helping children to achieve their best learning outcomes; or 11
(b) promoting the re-engagement of children in education or 12
training.'. 13
83 Insertion of new pt 11, div 4 14
Part 11, after division 3-- 15
insert-- 16
`Division 4--Transitional provisions for Youth Participation in 17
Education and Training Act 2003 18
`166A Definitions for div 4 19
`In this division-- 20
"commencement day", for a provision in this division, means the day the 21
provision commences. 22
"dispensation" includes a provisional dispensation. 23
`166B Existing dispensations 24
`(1) This section applies to a dispensation granted by the Minister under 25
section 115 that was in force immediately before the commencement day. 26
s 84 50 s 85
Youth Participation in Education and Training
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`(2) The dispensation continues in force, as if it had been granted by the 1
chief executive, until it expires or otherwise ends under this Act. 2
`166C Existing applications for a dispensation 3
`(1) This section applies to an application for a dispensation made to the 4
Minister before the commencement day that, at the commencement day, 5
had not been finally dealt with. 6
`(2) The chief executive may continue to deal with the application as if it 7
had been made to the chief executive. 8
`166D Proceedings for an offence against s 118 9
`(1) Section 118(2A) applies only to proceedings started on or after the 10
commencement day. 11
`(2) Section 118(3)(d), as in force immediately before the 12
commencement day, continues to apply for a proceeding for an offence 13
alleged to have been committed before the commencement day.'. 14
Division 3--Amendments commencing on 1 January 2006 15
84 Amendment of s 2 (Interpretation) 16
(1) Section 2(1), definitions "cancel", "compulsory school age" and 17
"person under a cancellation"-- 18
omit. 19
(2) Section 2(1)-- 20
insert-- 21
` "compulsory school age" see section 4A.'. 22
85 Insertion of new s 4A 23
After section 4-- 24
insert-- 25
s 86 51 s 89
Youth Participation in Education and Training
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`4A Meaning of "compulsory school age" 1
`(1) A child is of "compulsory school age" if the child is at least 6 years 2
and less than 16 years. 3
`(2) However, a child is no longer of compulsory school age if the child 4
has completed year 10.'. 5
86 Omission of pt 4, div 4 (Cancellation of enrolment of students 6
above the age of compulsory attendance) 7
Part 4, division 4-- 8
omit. 9
87 Amendment of pt 4, div 5 hdg (Miscellaneous provisions about 10
suspensions, exclusions and cancellations) 11
Part 4, division 5, heading, `suspensions, exclusions and 12
cancellations'-- 13
omit, insert-- 14
`suspensions and exclusions'. 15
88 Amendment of s 43 (Definition for division) 16
Section 43, definition "student", paragraph (c)-- 17
omit. 18
89 Amendment of s 45 (Submissions about suspensions, exclusions 19
and cancellation) 20
(1) Section 45, heading, `suspensions, exclusions and cancellation'-- 21
omit, insert-- 22
`suspensions and exclusions'. 23
(2) Section 45, `exclusion or cancellation'-- 24
omit, insert-- 25
`or exclusion,'. 26
s 90 52 s 90
Youth Participation in Education and Training
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90 Amendment of s 114A (Flexible arrangements--non-State school) 1
(1) Section 114A(2)(d) and (e)-- 2
omit. 3
(2) Section 114A-- 4
insert-- 5
`(2A) However, the authorised entity must not approve the arrangements 6
unless-- 7
(a) if the student is of compulsory school age-- 8
(i) a parent of the student has given written agreement to the 9
arrangements; and 10
(ii) the entity has discussed the proposed arrangements with the 11
student to the extent the entity considers appropriate, having 12
regard to the student's age and other relevant circumstances; 13
or 14
(b) if the student is in the compulsory participation phase-- 15
(i) the student gives written agreement to the arrangements; 16
and 17
(ii) the entity has discussed the proposed arrangements with the 18
student's parents to the extent the entity considers is 19
practicable and appropriate in the circumstances.'. 20
(3) Section 114A(3)(c), `(2)(d)'-- 21
omit, insert-- 22
`(2A)'. 23
(4) Section 114A(4), `However, subsection (2)(d)'-- 24
omit, insert-- 25
`Subsection (2A)(a)(i)'. 26
(5) Section 114A(5), definition "student"-- 27
omit. 28
(6) Section 114A(5)-- 29
insert-- 30
s 91 53 s 93
Youth Participation in Education and Training
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` "compulsory participation phase" see the Youth Participation in 1
Education and Training Act 2003, section 11. 2
"student" means a student who is of compulsory school age or in the 3
compulsory participation phase.' 4
91 Amendment of s 114B (Flexible arrangements--State educational 5
institution) 6
Section 114B(2), after `Section 114A(2),'-- 7
insert-- 8
`(2A),'. 9
92 Amendment of s 115 (Dispensation from compliance with 10
compulsory enrolment and attendance provisions) 11
Section 115(2)-- 12
insert-- 13
`(d) that the child is, or has arranged to become, an apprentice or 14
trainee under the Vocational Education, Training and 15
Employment Act 2000;'. 16
93 Insertion of new s 116C 17
After section 116B-- 18
insert-- 19
`116C Activities under Commonwealth law 20
`Section 114(1) does not apply to the extent of any inconsistency with a 21
law of the Commonwealth under which a person of compulsory school age 22
may carry on an activity other than attending a State educational institution 23
or non-State school.'. 24
s 94 54 s 97
Youth Participation in Education and Training
Bill 2003
PART 8--AMENDMENT OF OTHER ACTS 1
Division 1--Education (Accreditation of Non-State Schools) Act 2001 2
94 Act amended in div 1 3
This division amends the Education (Accreditation of Non-State 4
Schools) Act 2001. 5
95 Amendment of s 39 (Suitability of governing body) 6
(1) Section 39(2), `suitable to continue to be, or would be suitable'-- 7
omit, insert-- 8
`not suitable to continue to be, or would not be suitable'. 9
(2) Section 39-- 10
insert-- 11
`(4) Subsections (2) and (3) do not limit the matters to which the board 12
may have regard in making a decision under subsection (1).'. 13
Division 2--Education (Queensland Studies Authority) Act 2002 14
96 Act amended in div 2 15
This division amends the Education (Queensland Studies Authority) Act 16
2002. 17
97 Amendment of s 3 (Objects of Act) 18
(1) Section 3(1)-- 19
insert-- 20
`(d) to help achieve the objects of the Youth Participation in 21
Education and Training Act 2003.'. 22
(2) Section 3(2)(b)-- 23
insert-- 24
s 98 55 s 100
Youth Participation in Education and Training
Bill 2003
`(viii)the participation of young people in education and training; 1
and'. 2
98 Insertion of new s 14A 3
After section 14-- 4
insert-- 5
`14A Participation functions 6
`The authority has the following functions-- 7
(a) to keep a student account for each young person in the student 8
account phase under the Youth Participation in Education and 9
Training Act 2003, part 4; 10
(b) to deal with the information recorded in the account in the way 11
permitted or required by that part.'. 12
99 Amendment of pt 2, div 4 hdg (Tests and nullifications of 13
syllabuses and preschool guidelines) 14
Part 2, division 4, heading, `Tests'-- 15
omit, insert-- 16
`Results, tests'. 17
100 Insertion of new s 18A 18
Part 2, division 4, before section 19-- 19
insert-- 20
`18A Provider must give information about results to authority 21
`(1) A provider must give to the authority the result information 22
prescribed under a regulation. 23
`(2) The information must be given at the times, and in the ways, 24
prescribed under a regulation. 25
`(3) In this section-- 26
"provider" means a provider for an eligible option under the Youth 27
Participation in Education and Training Act 2003, section 12. 28
s 101 56 s 103
Youth Participation in Education and Training
Bill 2003
"result information" means-- 1
(a) the results of the assessment of a person for an area of learning 2
that may be recorded on a certificate of achievement; and 3
(b) qualifications conferred on the person; and 4
(c) other related information including, for example, when the 5
results were achieved or qualifications conferred.'. 6
Division 3--Education (Teacher Registration) Act 1988 7
101 Act amended in div 3 8
This division amends the Education (Teacher Registration) Act 1988. 9
102 Amendment of s 2 (Definitions) 10
(1) Section 2-- 11
insert-- 12
` "compulsory school age" see the Education (General Provisions) Act 13
1989, section 2(1).9'. 14
(2) Section 2, definition "tertiary education", `the age of compulsory 15
attendance at school'-- 16
omit, insert-- 17
`compulsory school age'. 18
Division 4--Freedom of Information Act 1992 19
103 Act amended in div 4 20
This division amends the Freedom of Information Act 1992. 21
9 Education (General Provisions) Act 1989, section 2(1)--
"compulsory school age" means at least 6 years and less than 15 years.
s 104 57 s 105
Youth Participation in Education and Training
Bill 2003
104 Amendment of s 7 (Definitions) 1
Section 7-- 2
insert-- 3
` "education entity" means-- 4
(a) the department in which the Youth Participation in Education and 5
Training Act 2003 is administered; or 6
(b) the Queensland Studies Authority established under the 7
Education (Queensland Studies Authority) Act 2002, section 6.'. 8
105 Amendment of s 11 (Act not to apply to certain bodies etc.) 9
Section 11(1)-- 10
insert-- 11
`(pb)an education entity, in relation to aggregated information under 12
the Youth Participation in Education and Training Act 2003, 13
section 46(6); or'. 14
58
Youth Participation in Education and Training
Bill 2003
SCHEDULE 1 1
AMENDMENT OF EDUCATION (GENERAL 2
PROVISIONS) ACT 1989 3
section 64 4
1 Section 2, definition "cancel", `the age of compulsory 5
attendance'-- 6
omit, insert-- 7
`compulsory school age'. 8
2 Section 2, definition "preschool education", `the age of 9
compulsory attendance'-- 10
omit, insert-- 11
`compulsory school age'. 12
3 Section 3(4) and (5), `the age of compulsory attendance'-- 13
omit, insert-- 14
`compulsory school age'. 15
4 Section 15(1)(a) and (4), `the age of compulsory attendance'-- 16
omit, insert-- 17
`compulsory school age'. 18
5 Part 4, division 4, heading, `the age of compulsory attendance'-- 19
omit, insert-- 20
`compulsory school age'. 21
59
Youth Participation in Education and Training
Bill 2003
SCHEDULE 1 (continued)
6 Section 39, heading, `the age of compulsory attendance'-- 1
omit, insert-- 2
`compulsory school age'. 3
7 Section 39(1) and (2), `the age of compulsory attendance'-- 4
omit, insert-- 5
`compulsory school age'. 6
8 Section 40(1), `the age of compulsory attendance'-- 7
omit, insert-- 8
`compulsory school age'. 9
9 Section 116, `the age of compulsory attendance'-- 10
omit, insert-- 11
`compulsory school age'. 12
10 Section 127(1)(a), `the age of compulsory attendance'-- 13
omit, insert-- 14
`compulsory school age'. 15
11 Section 132(1)(a), `the age of compulsory attendance'-- 16
omit, insert-- 17
`compulsory school age'. 18
12 Section 167(1), `being of the age of compulsory attendance'-- 19
omit, insert-- 20
`of compulsory school age'. 21
60
Youth Participation in Education and Training
Bill 2003
SCHEDULE 2 1
DICTIONARY 2
section 9 3
"approved form", for a purpose, means the form approved for the purpose 4
by the chief executive under section 62. 5
"AQF" see the VETE Act, section 19.10 6
"attending", a provider or other entity, means complying with the provider 7
or entity's attendance requirements in the relevant way stated in 8
section 14(2) or (3). 9
"authorised officer" see section 21(6). 10
"certificate III" means a qualification by that name under the AQF. 11
"chief executive (families)" means the chief executive of the department 12
in which the Child Protection Act 1999 is administered. 13
"compulsory participation phase" see section 11. 14
"compulsory school age" see the EGP Act, section 4A.11 15
"departmental employment skills development programs" see the 16
VETE Act, section 106C(2). 17
10 VETE Act, section 19--
"AQF" means the policy framework entitled `Australian Qualifications Framework'
that defines all qualifications (whether as defined under this chapter or
otherwise) recognised nationally in education and training within Australia,
endorsed by the Ministerial Council on Education, Employment, Training and
Youth Affairs so as to commence on 1 January 1995 and that policy framework
as amended from time to time.
11 Education (General Provisions) Act 1989--
4A Meaning of "compulsory school age"
(1) A child is of "compulsory school age" if the child is at least 6 years and less
than 16 years.
(2) However, a child is no longer of compulsory school age if the child has
completed year 10.
61
Youth Participation in Education and Training
Bill 2003
SCHEDULE 2 (continued)
"distance education" see the EGP Act, section 2(1).12 1
"educational program" includes-- 2
(a) for a reference to an educational program provided under the 3
EGP Act--a program under arrangements approved under the 4
EGP Act, section 114B; or 5
(b) for a reference to an educational program provided under the 6
Education (Accreditation of Non-State Schools) Act 2001--a 7
program under arrangements approved under the EGP Act, 8
section 114A. 9
"EGP Act" means the Education (General Provisions) Act 1989. 10
"eligible option" see section 12. 11
"employment exemption" means an employment exemption in force 12
under the VETE Act, chapter 5, part 3, division 5A.13 13
"external program" means-- 14
(a) an alternative educational program under the EGP Act, 15
section 30; 16
(b) a program under arrangements approved under the EGP Act, 17
section 114A or 114B; 18
(c) another program or course for which the provider's requirements 19
do not include physically attending, at particular times, the 20
provider's premises or another place. 21
"full-time", in relation to participation in an eligible option, means at a 22
level that is full-time under the following provisions-- 23
(a) for an apprenticeship or traineeship under the VETE 24
Act--section 18(2); 25
(b) otherwise--section 15. 26
12 EGP Act, section 2(1)--
"distance education" means education provided where students and teachers are
not regularly in the presence of each other for that purpose but communicate
with each other in writing, by print or by electronic-means or other like-means.
13 VETE Act, chapter 5 (Ombudsman, board and council), part 3 (Training and
employment recognition council), division 5A (Deciding employment exemptions)
62
Youth Participation in Education and Training
Bill 2003
SCHEDULE 2 (continued)
"guardian" means a person who is recognised in law as having all the 1
duties, powers, responsibilities and authority that, by law, parents 2
have in relation to their children.14 3
"human services" includes education, family support, health and housing. 4
"human services entity" means a Commonwealth, State or local 5
government entity with functions relating to human services. 6
"information" includes a document. 7
"ministerial declaration `Stepping forward: improving pathways for 8
all young people' " see section 5. 9
"non-departmental employment skills development program" means a 10
program included in the register maintained under the VETE Act, 11
section 183E. 12
"non-State school" means a school that is accredited, or provisionally 13
accredited, under the Education (Accreditation of Non-State Schools) 14
Act 2001. 15
"non-university provider" see the Higher Education (General 16
Provisions) Act 1993, section 3. 17
"notice" means written notice. 18
"original decision", for part 3, division 3,15 see section 31. 19
"parent" includes a guardian. 20
"participating", in an eligible option, means participating under the 21
following provisions-- 22
(a) for an apprenticeship or traineeship under the VETE 23
Act--section 18(2); 24
(b) otherwise--section 14. 25
"planning activities" see section 7(a). 26
"principal", of a non-State school with no position by that name, means 27
the person responsible for the school's day-to-day management. 28
14 See the Family Law Act 1975 (Cwlth), part 7 (Children), division 2 (Parental
responsibility).
15 Part 3 (Dispensations), division 3 (Review of decision by chief executive)
63
Youth Participation in Education and Training
Bill 2003
SCHEDULE 2 (continued)
"provider"-- 1
(a) generally--see section 12; and 2
(b) in a provision about an eligible option--means the provider for 3
the option. 4
"QSA Act" means the Education (Queensland Studies Authority) Act 5
2002. 6
"Queensland Studies Authority" or "QSA" means the Queensland 7
Studies Authority established under the QSA Act, section 6. 8
"re-engagement activities" see section 7(b). 9
"registered teacher" means a person registered as a teacher under the 10
Education (Teacher Registration) Act 1988. 11
"registered training organisation" see the VETE Act, section 14. 12
13
Note--
14
This includes an agricultural college. See the Agricultural Colleges Act 1994,
15
section 3.
"review decision", for part 3, divisions 3 and 4, see section 33(2). 16
"senior certificate" means a certificate of achievement of that type issued 17
under the QSA Act. 18
"State educational institution" means an educational institution 19
established under the EGP Act, section 16, 17 or 18. 20
"State school" means a State school within the meaning of the EGP Act. 21
"student account" see section 37(1). 22
"student account phase" see section 41. 23
"TAFE institute" see the VETE Act, section 191. 24
"university" see the Higher Education (General Provisions) Act 1993, 25
section 3. 26
"VETE Act" means the Vocational Education, Training and Employment 27
Act 2000. 28
"VETE chief executive" means the chief executive of the VETE 29
department. 30
64
Youth Participation in Education and Training
Bill 2003
SCHEDULE 2 (continued)
"VETE department" means the department in which the VETE Act is 1
administered. 2
65
Youth Participation in Education and Training
Bill 2003
ATTACHMENT 1
section 5 2
MINISTERIAL DECLARATION `STEPPING 3
FORWARD: IMPROVING PATHWAYS FOR ALL 4
YOUNG PEOPLE' 5
A COMMITMENT TO THE YOUNG PEOPLE OF 6
AUSTRALIA BY MINISTERS FOR EDUCATION, 7
EMPLOYMENT, TRAINING, YOUTH AFFAIRS AND 8
COMMUNITY SERVICES 9
Young people make a significant contribution to Australia today and will 10
shape what it will be tomorrow. The vitality, ideas, creativity and visions of 11
all young people must be embraced. 12
The majority of young people are doing well, moving successfully through 13
the different stages of their lives and responding to the challenges of the 14
future. We can be confident that they will achieve success, find fulfilment in 15
their adult lives and make a positive contribution to this country. 16
Some young people find their journeys more difficult and challenging. 17
They may face problems in acquiring the knowledge, skills and 18
self-confidence that form the foundations of their adult lives. We recognise 19
the emotional, physical, cultural and learning barriers faced by these young 20
people and the social, economic and locational factors that may negatively 21
impact on their lives. There are opportunities for governments to address 22
these barriers so that young people can achieve their best. 23
As Ministers entrusted with the collective wellbeing and interests of young 24
people, we must foster an environment in which young people are nurtured 25
and challenged--a society where all young people can realise their full 26
potential. We must work together to support young Australians to achieve 27
success as individuals and as members of society. We need to act 28
collectively and we need to act now. 29
66
Youth Participation in Education and Training
Bill 2003
ATTACHMENT (continued)
VISION 1
Our vision is of an Australia where: 2
· young people benefit and flourish through sustaining networks of 3
family, friends and community, and through their engagement in 4
education, training, employment, recreation and society 5
· young people's opinions and contributions are sought and valued, 6
and they are encouraged and supported to take an active role in 7
their communities and the nation 8
· young people's lives are enriched by positive learning 9
experiences and opportunities that assist them to reach their full 10
potential 11
· we recognise and celebrate young people's achievements. 12
CHALLENGE 13
Our challenge is to: 14
· listen and respond to young people 15
· work creatively in partnership with young people to build 16
comprehensive networks that draw together jurisdictions, 17
government departments, families and communities so that 18
united we can address the complex issues confronting young 19
people 20
· recognise and address structural barriers faced by young people 21
· ensure that our governmental systems recognise the diversity of 22
young people through being inclusive, flexible and adaptive 23
· create effective opportunities for young people that are 24
accessible, integrated and meaningful 25
· encourage young people to take increasing responsibility for 26
their own lives, support their peers and contribute to their 27
community 28
67
Youth Participation in Education and Training
Bill 2003
ATTACHMENT (continued)
· ensure that young people have the information, skills and support 1
needed to negotiate the transition to adult life and to make 2
informed life decisions. 3
OUR DECLARATION 4
With this declaration, we commit to developing practical ways to 5
increase the social, educational and employment outcomes of Australia's 6
young people including those who are at risk, disconnected or in vulnerable 7
circumstances. We agree to establish a common direction to make a real 8
and lasting difference to the lives of young people. We are united by a 9
shared commitment and a joint responsibility. We unanimously agree to 10
work in partnership towards implementing a shared vision for all young 11
people. 12
Australia's Ministers for Education, Employment, Training, Youth Affairs 13
and Community Services 14
68
Youth Participation in Education and Training
Bill 2003
ATTACHMENT (continued)
© State of Queensland 2003
AMENDMENTS TO BILL
1
Youth Participation in Education and Training Bill
2003
YOUTH PARTICIPATION IN EDUCATION
AND TRAINING BILL 2003
AMENDMENTS AGREED TO IN COMMITTEE
1 Clause 2
Page 8, after line 7--
insert--
`(1A) The following provisions commence on assent--
· part 7, division 1
· section 82'.
2 Clause 2
Page 8, line 10--
omit, insert--
`· part 7, division 2, other than section 82'.
3 Before clause 60
Page 31, after line 1--
insert--
`59A Transitional
`To remove any doubt, it is declared that, despite section 11, a young
person is not in the compulsory participation phase if the person stopped
being of compulsory school age before the commencement of that
section.'.
2
Youth Participation in Education and Training Bill
2003
4 Clause 84
Page 50, lines 17 to 21--
omit, insert--
`Section 2(1), definition "compulsory school age"--
omit, insert--'.
5 Clauses 86 to 89
Page 51, lines 6 to 26--
omit.
6 After clause 93
Page 53, after line 24--
insert--
`93A Insertion of new s 166E
`Part 11, division 4, after section 166D--
insert--
`166E Compulsory school age
`Despite section 4A, a child who was at least 15 years on 31 December
2005 is not of compulsory school age.'.'.
7 Schedule 2
Page 60, after line 15--
insert--
`Note--
See also the EGP Act, section 166E.'.
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