Australian Capital Territory Numbered Acts

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BOARD OF SENIOR SECONDARY - SECT 24

24. In making a decision under section 21, 22 or 23, the Board shall have regard to the following:

        (a)     the coherence of the course;

        (b)     the appropriateness of the course;

        (c)     the clarity of the course;

        (d)     the manner in which it is intended to teach the course;

        (e)     the relevant guidelines of the Board;

        (f)     the policies of the Board.

Registration of courses

25. (1) A recognised educational institution, or a person on behalf of a recognised educational institution, may apply to the Board for the registration of a course to be taught at the institution.

(2) On receipt of an application under subsection (1), the Board shall—

        (a)     if the application complies with subsection (3)—register the course; or

        (b)     if the application does not comply with subsection (3)—refuse to register the course.

(3) An application complies with this subsection if it is accompanied by such documents and information that satisfy the Board that the course to which the application relates complies with the relevant guidelines of the Board.

(4) A registration under paragraph (2) (a) is effective for such period of time, and is subject to such conditions, as the Board determines.

(5) The Board shall cause the applicant to be advised in writing of its decision under subsection (2).

Division 2—Certificates of attainment

Issue of certificates of attainment

26. (1) Subject to this section, the Board shall issue to a person who has satisfactorily completed a course or a unit of a course at a recognised educational institution a certificate that shows his or her attainments.

(2) The Board shall not issue a certificate under subsection (1) in respect of a course or unit of a course unless it is satisfied that—

        (a)     the course has been taught in accordance with the guidelines that relate to its accreditation and any conditions that the accreditation is subject to; and

        (b)     any guidelines and requirements of the Board relating to the teaching of the course and the assessment of students have been observed by the recognised educational institution.

(3) For the purpose of satisfying itself for the purposes of subsection (2) the Board is entitled to rely on information contained in a certificate provided to it by or on behalf of a recognised educational institution.

(4) A certificate under subsection (1) may state any information that is available from the records of the Board and appears to the Board to be connected with the person's studies.

(5) In this section—

“course” means an accredited course or a registered course.

Review of failure to issue certificate

27. (1) In this section—

“certificate” means a certificate of any kind ordinarily issued by the Board to a person who has completed the studies to which the certificate relates, and includes a certificate referred to in section 26.

(2) A person aggrieved by the refusal of the Board to issue a certificate may apply in writing to the Board for a review of the refusal.

(3) The application shall—

        (a)     disclose the grounds on which the review is sought; and

        (b)     be lodged within 1 month after the day specified by the Board as the day on which the certificate that is the subject of the application would have been issued.

(4) Within 1 month after the receipt of an application under subsection (2) the Chairperson of the Board shall establish a committee for the purpose of advising the Board in relation to the application.

(5) As soon as practicable after receiving the advice of the committee referred to in subsection (3) the Board shall review its decision and—

        (a)     affirm it; or

        (b)     issue the required certificate.

(6) The Board shall cause the applicant to be advised in writing of its decision under subsection (5).

Provision of information

28. (1) A person who, before or after the commencement of this section, has completed his or her senior secondary education, may apply in writing to the Board for a copy of the information held by the Board concerning his or her academic performance.

(2) On receipt of an application under subsection (1) the Board shall provide a copy of the information to the applicant or to such person as the applicant specifies in writing.

Register

29. (1) The Board shall keep a register relating to courses that—

        (a)     it has accredited or registered; or

        (b)     were accredited or registered by the former Board, being courses the accreditation or registration of which was in effect at the commencement of this section;

and shall enter on the register such information as the Board determines.

(2) The register shall be kept in such form as the Board determines.

(3) A person is entitled to inspect the register at the office of the Executive Officer during ordinary office hours.

(4) In this section—

“former Board” has the same meaning as in section 30.

Transitional

30. (1) In this section—

“commencement day” means the day on which section 4 commences;
“former Board” means the unincorporated body known as the ACT Board of Senior Secondary Studies established by the Minister and in existence immediately before the commencement day.

(2) The accreditation or registration of a course granted or extended by the former Board and in effect immediately before the commencement day continues, by virtue of this subsection, to have effect according to its tenor for the remainder of the period of time for which it had been granted or extended, as the case requires.

(3) This Act applies to, and in relation to, a certificate or other document issued by the former Board as if it had been issued by the Board.

(4) A person aggrieved by the refusal of the former Board—

        (a)     to accredit a course; or

        (b)     to issue a certificate;

may apply in writing to the Board for a review of the refusal and such an application shall be dealt with under section 23 or 27, as the case requires, as if the refusal had been made by the Board.

(5) An application made to the former Board before the commencement day and not finally dealt with by that Board before that day, being an application of a kind that, under this Act, may be made to the Board, may be dealt with, or continue to be dealt with, by the Board as if it had been made to it under this Act.

(6) On the commencement day the registers, records and documents of the former Board become the property of the Board and shall be taken to be incorporated with the registers, records or documents (as the case requires) kept by the Board.

[Presentation speech made in Assembly on 28 August 1997]

© Australian Capital Territory 2003



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