New South Wales Consolidated Acts

EDUCATION ACT 1990 - SECT 18A

18A Publication of school results

(1) In this section:
"relevant national agreement" means an agreement between the State and the Commonwealth that gives effect to a national protocol or arrangement for the provision and publication of school results.
"school results" means the following results (whether they are the results of individuals or of schools or any other results):

(a) results of national basic skills testing (including testing under section 18),

(b) results of School Certificate and Higher School Certificate examinations and related assessments,

(c) results of annual or other periodic assessments of the academic performance of students contained in reports to parents on student achievement.

The regulations may determine whether particular results are or are not results referred to in paragraphs (a)-(c).

(2) School results may, in accordance with a relevant national agreement, be provided by the State to the Commonwealth or to an authority established by the Commonwealth.

(3) School results must not be publicly revealed in a way that ranks or otherwise compares the results of particular schools, except as authorised by or under a relevant national agreement.

(4) A person must not, in a newspaper or other document that is publicly available in this State:

(a) publish any ranking or other comparison of particular schools according to school results, except with the permission of the principals of the schools involved, or

(b) identify a school as being in a percentile of less than 90 per cent in relation to school results, except with the permission of the principal of the school.

Maximum penalty: 50 penalty units in the case of an individual and 500 penalty units in any other case.

(5) Nothing in subsection (4) prohibits:

(a) anything authorised to be done by or under a relevant national agreement, or

(b) the publication of the ranking of the schools in the top 10 per cent in relation to the results of Higher School Certificate examinations and related assessments so long as the information used to determine that ranking is information as to the results of students that may be publicly revealed under subsection (6) (c).

(6) School results must not be publicly revealed if the results of an identified student are revealed, except as follows:

(a) to the student or to the student’s parents, or to anyone with the student’s or parent’s consent,

(b) to the principal of a school (including a school in another State or Territory) at which the student is enrolling, is enrolled or was previously enrolled,

(c) in the case of results of School Certificate or Higher School Certificate examinations and related assessments-by or with the approval of the Board, by way of the publication of the results of students who the Board considers have achieved outstanding results.

(7) The functions of the State under this section may be exercised by the Director-General or, if authorised by a relevant national agreement, by a State educational authority that arranges the testing, examinations or assessments concerned.

(8) This section has effect despite any other Act or law or the decision of any tribunal.