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Queensland
EDUCATION
(MISCELLANEOUS
AMENDMENTS) BILL 2002
Queensland
EDUCATION (MISCELLANEOUS
AMENDMENTS) BILL 2002
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--AMENDMENT OF CENTRAL QUEENSLAND
UNIVERSITY ACT 1998
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Insertion of new s 20A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
20A Dealing with casual vacancy in office of an elected member . . . . . . 8
5 Amendment of s 21 (Failure to elect or appoint elected members) . . . . . . . 9
PART 3--AMENDMENT OF EDUCATION (ACCREDITATION OF
NON-STATE SCHOOLS) ACT 2001
6 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
7 Amendment of s 6 (Meaning of "non-State school") . . . . . . . . . . . . . . . . . . 10
8 Amendment of s 12 (Type of education). . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
9 Insertion of new s 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
12A Provisional accreditation, or accreditation, is for 1 type of education 11
10 Amendment of s 23 (Form of certificate of provisional accreditation) . . . . . 11
11 Amendment of s 35 (Form of certificate of accreditation) . . . . . . . . . . . . . . 11
12 Insertion of ch 2, pt 2, div 3, sdiv 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
13 Amendment of s 36 (Application of div 3) . . . . . . . . . . . . . . . . . . . . . . . . . . 12
14 Insertion of new ch 2, pt 2, div 3, sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Subdivision 2--Assessment when school starts to operate within a sector
of schooling at new site
38A Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2
Education (Miscellaneous Amendments) Bill 2002
38B Assessment of school. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
38C Report by assessor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
15 Amendment of s 42 (Demonstration of compliance) . . . . . . . . . . . . . . . . . . 13
16 Amendment of ch 2, pt 3, div 2, hdg (Changes in attributes of
provisional accreditation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
17 Insertion of new ch 2, pt 3, div 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 2A--Other changes in attributes of provisional accreditation
58A Notice about change in attribute of provisional accreditation . . . . . . 14
58B Representations about show cause notice . . . . . . . . . . . . . . . . . . . . . 14
58C Ending show cause process without further action . . . . . . . . . . . . . . 15
58D Changing attribute of provisional accreditation. . . . . . . . . . . . . . . . . 15
58E Return of certificate of provisional accreditation to board . . . . . . . . 15
58F Effect of change on application for accreditation . . . . . . . . . . . . . . . 16
18 Amendment of s 59 (Application of div 2) . . . . . . . . . . . . . . . . . . . . . . . . . . 16
19 Amendment of ch 2, pt 4, hdg (Cancellation of accreditations or
provisional accreditations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
20 Amendment of s 63 (Grounds for cancellation) . . . . . . . . . . . . . . . . . . . . . . 17
21 Amendment of s 70 (Grounds for cancellation) . . . . . . . . . . . . . . . . . . . . . . 17
22 Insertion of new ch 2, pt 4, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 4--Surrender of accreditations or provisional accreditations
70A Surrender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
23 Amendment of s 76 (Public notification) . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
24 Amendment of s 77 (Required content of catchment area notice) . . . . . . . . 18
25 Replacement of s 78 (Notice of compliance or noncompliance with
notice requirements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
78 Notice of compliance or noncompliance with notice requirements . 19
26 Amendment of s 84 (Substantial compliance with notice requirements
may be accepted) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
27 Insertion of new s 99A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
99A Effect of change of particular attributes. . . . . . . . . . . . . . . . . . . . . . . 20
28 Amendment of s 186 (School in receipt of subsidy under General
Provisions Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
29 Amendment of s 187 (Existing application for categorisation as a
school in receipt of subsidy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
30 Replacement of s 194 (Application of div 1) . . . . . . . . . . . . . . . . . . . . . . . . 21
3
Education (Miscellaneous Amendments) Bill 2002
194 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
31 Amendment of s 197 (Application to change attribute of
provisional accreditation) ................................... 21
32 Amendment of s 198 (Application to change attribute of accreditation) . . . 21
33 Amendment of s 200 (Application for accreditation) . . . . . . . . . . . . . . . . . . 21
34 Insertion of new ch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
CHAPTER 8--TRANSITIONAL PROVISIONS FOR EDUCATION
(MISCELLANEOUS AMENDMENTS) ACT 2002
218 Definitions for ch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
219 Provisional accreditation for particular type of education. . . . . . . . . 22
220 Accreditation for particular type of education . . . . . . . . . . . . . . . . . . 22
221 Application for accreditation for particular type of education . . . . . 23
PART 4--AMENDMENT OF EDUCATION (GENERAL
PROVISIONS) ACT 1989
35 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
36 Amendment of s 144 (Restriction on establishment of places for
teaching overseas curriculum). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
37 Insertion of new pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
PART 12--TRANSITIONAL PROVISION FOR COMPULSORY
EDUCATION
167 Transitional provision for compulsory education . . . . . . . . . . . . . . . 25
PART 5--AMENDMENT OF EDUCATION (OVERSEAS
STUDENTS) ACT 1996
38 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
39 Amendment of s 8 (Statutory conditions) . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
40 Insertion of new pt 2, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 6--Inspection of places
17A Inspection of particular places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
PART 6--AMENDMENT OF EDUCATION (TEACHER
REGISTRATION) ACT 1988
41 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
42 Amendment of s 50 (Board may conduct inquiry about certain persons). . . 27
PART 7--AMENDMENT OF GRIFFITH UNIVERSITY ACT 1998
43 Act amended in pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
44 Amendment of s 5 (Functions of university). . . . . . . . . . . . . . . . . . . . . . . . . 27
4
Education (Miscellaneous Amendments) Bill 2002
45 Amendment of s 14 (Appointed members) . . . . . . . . . . . . . . . . . . . . . . . . . . 28
46 Amendment of s 15 (Elected members) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
47 Insertion of new s 20A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
20A Dealing with casual vacancy in office of an elected member . . . . . . 28
48 Amendment of s 21 (Failure to elect or appoint elected members) . . . . . . . 29
49 Replacement of s 35 (Composition) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
35 Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
50 Replacement of pt 4, div 3 (Colleges) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Division 3--Gold Coast Student Guild
39 Establishment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
40 Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
41 Role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
42 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
43 Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
51 Amendment of s 44A (Excluded matters for Corporations legislation) . . . . 31
52 Amendment of s 61 (Making of university statutes) . . . . . . . . . . . . . . . . . . . 32
53 Amendment of s 63 (University statutes affecting university student
council or college student body) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
54 Insertion of new pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
PART 8--TRANSITIONAL PROVISIONS FOR EDUCATION
(MISCELLANEOUS AMENDMENTS) ACT 2002
Division 1--Preliminary
70 Definitions for pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 2--Provisions about the council
71 Conduct of ballot for elected members . . . . . . . . . . . . . . . . . . . . . . . 33
72 When particular members' term of office ends . . . . . . . . . . . . . . . . . 33
Division 3--Provisions about Gold Coast student body
73 Continuation of Gold Coast student body . . . . . . . . . . . . . . . . . . . . . 34
74 Student guild is legal successor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
75 Continuation of constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
76 Board members and office holders continue in office . . . . . . . . . . . . 34
77 Assets and liabilities etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
78 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
5
Education (Miscellaneous Amendments) Bill 2002
79 References to Gold Coast student body . . . . . . . . . . . . . . . . . . . . . . . 35
Division 4--Provision about colleges
80 Dissolution of colleges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
55 Amendment of sch 2 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
PART 8--AMENDMENT OF JAMES COOK UNIVERSITY ACT
1997
56 Act amended in pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
57 Insertion of new s 20A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
20A Dealing with casual vacancy in office of an elected member . . . . . . 36
58 Amendment of s 21 (Failure to elect or appoint elected members) . . . . . . . 37
PART 9--AMENDMENT OF QUEENSLAND UNIVERSITY OF
TECHNOLOGY ACT 1998
59 Act amended in pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
60 Amendment of s 15 (Elected members) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
61 Insertion of new s 20A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
20A Dealing with casual vacancy in office of an elected member . . . . . . 38
62 Amendment of s 21 (Failure to elect or appoint elected members) . . . . . . . 39
PART 10--AMENDMENT OF UNIVERSITY OF QUEENSLAND
ACT 1998
63 Act amended in pt 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
64 Amendment of s 15 (Elected members) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
65 Insertion of new s 20A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
20A Dealing with casual vacancy in office of an elected member . . . . . . 40
66 Amendment of s 21 (Failure to elect or appoint elected members) . . . . . . . 41
PART 11--AMENDMENT OF UNIVERSITY OF SOUTHERN
QUEENSLAND ACT 1998
67 Act amended in pt 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
68 Insertion of new s 20A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
20A Dealing with casual vacancy in office of particular elected members 41
69 Amendment of s 21 (Failure to elect or appoint elected members) . . . . . . . 42
PART 12--AMENDMENT OF UNIVERSITY OF THE SUNSHINE
COAST ACT 1998
70 Act amended in pt 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
71 Amendment of s 15 (Elected members) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
6
Education (Miscellaneous Amendments) Bill 2002
72 Insertion of new s 20A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
20A Dealing with casual vacancy in office of an elected member . . . . . . 43
73 Amendment of s 21 (Failure to elect or appoint elected members) . . . . . . . 44
PART 13--OTHER AMENDMENTS
74 Minor and consequential amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 46
MINOR AND CONSEQUENTIAL AMENDMENTS
CENTRAL QUEENSLAND UNIVERSITY ACT 1998 . . . . . . . . . . . . . . . 46
EDUCATION (ACCREDITATION OF NON-STATE
SCHOOLS) ACT 2001 ................................... 46
EDUCATION (GENERAL PROVISIONS) ACT 1989. . . . . . . . . . . . . . . . 48
EDUCATION (TEACHER REGISTRATION) ACT 1988. . . . . . . . . . . . . . 49
GRIFFITH UNIVERSITY ACT 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
JAMES COOK UNIVERSITY ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . 50
QUEENSLAND UNIVERSITY OF TECHNOLOGY ACT 1998 . . . . . . . . 50
UNIVERSITY OF QUEENSLAND ACT 1998 . . . . . . . . . . . . . . . . . . . . . . 51
UNIVERSITY OF SOUTHERN QUEENSLAND ACT 1998 . . . . . . . . . . . 51
UNIVERSITY OF THE SUNSHINE COAST ACT 1998 . . . . . . . . . . . . . . 52
2002
A BILL
FOR
An Act to amend the Central Queensland University Act 1998,
Education (Accreditation of Non-State Schools) Act 2001,
Education (General Provisions) Act 1989, Education (Overseas
Students) Act 1996, Education (Teacher Registration) Act 1988,
Griffith University Act 1998, James Cook University Act 1997,
Queensland University of Technology Act 1998, University of
Queensland Act 1998, University of Southern Queensland Act 1998
and University of the Sunshine Coast Act 1998
s1 8 s4
Education (Miscellaneous Amendments) Bill 2002
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Education (Miscellaneous Amendments) 4
Act 2002. 5
2 Commencement
Clause 6
Sections 6 and 28 to 33 are taken to have commenced on 1 January 2002. 7
PART 2--AMENDMENT OF CENTRAL QUEENSLAND 8
UNIVERSITY ACT 1998 9
3 Act amended in pt 2
Clause 10
This part amends the Central Queensland University Act 1998. 11
4 Insertion of new s 20A
Clause 12
After section 20-- 13
insert-- 14
`20A Dealing with casual vacancy in office of an elected member 15
`(1) This section applies if a casual vacancy arises in the office of an 16
elected member. 17
`(2) If the elected member was elected by a ballot under section 15(3), 18
the council must appoint to the office the one person, if any, who-- 19
(a) was a candidate for the office in the ballot; and 20
(b) was not elected; and 21
s5 9 s5
Education (Miscellaneous Amendments) Bill 2002
(c) received the highest number of votes of all the candidates who 1
were not elected; and 2
(d) is eligible, under this Act, to be a member; and 3
(e) is willing to be, and available to perform the functions of, a 4
member. 5
`(3) Subsection (4) applies if-- 6
(a) the elected member was not elected by a ballot; or 7
(b) no-one is eligible for appointment under subsection (2). 8
`(4) A person is to be elected to the office by a ballot under section 15(3). 9
`(5) Despite subsection (4)-- 10
(a) if the elected member was a student--the council may authorise 11
the council of the student association to appoint a student to the 12
office at a meeting of the council of the student association; and 13
(b) if the elected member was a member of the convocation--the 14
council may authorise the convocation to appoint a member of 15
the convocation to the office at a meeting of the convocation at 16
which a quorum is present. 17
`(6) A person appointed under subsection (2) or (5) is taken to have been 18
elected under section 15. 19
`(7) In this section-- 20
"member of the convocation" does not include a member of the 21
convocation who is eligible for membership of the council under 22
section 15(2)(a), (b) or (c).'. 23
5 Amendment of s 21 (Failure to elect or appoint elected members)
Clause 24
(1) Section 21-- 25
insert-- 26
`(1A) The council may, if asked by the Minister, nominate a person for 27
appointment under subsection (1).'. 28
(2) Section 21(1A) to (3)-- 29
renumber as section 21(2) to (4). 30
s6 10 s8
Education (Miscellaneous Amendments) Bill 2002
(3) Section 21-- 1
insert-- 2
`(5) In this section-- 3
"entity" does not include the council.'. 4
PART 3--AMENDMENT OF EDUCATION 5
(ACCREDITATION OF NON-STATE SCHOOLS) ACT 6
2001 7
6 Act amended in pt 3
Clause 8
This part amends the Education (Accreditation of Non-State Schools) 9
Act 2001. 10
7 Amendment of s 6 (Meaning of "non-State school")
Clause 11
(1) Section 6(1)(a), `and primary education'-- 12
omit. 13
(2) Section 6(2)-- 14
insert-- 15
`(aa) an international educational institution under the Education 16
(General Provisions) Act 1989, section 144(1);1'. 17
8 Amendment of s 12 (Type of education)
Clause 18
(1) Section 12(1)(a), `and primary education'-- 19
omit. 20
(2) Section 12(2)-- 21
omit, insert-- 22
1 Education (General Provisions) Act 1989, section 144 (Restriction on establishment
of places for teaching overseas curriculum)
s9 11 s 11
Education (Miscellaneous Amendments) Bill 2002
`(2) A school may be provisionally accredited, or accredited, to provide 1
preschool education only if the school is also provisionally accredited, or 2
accredited, to provide primary education for at least years 1 to 3.'. 3
(3) Section 12(3), `and primary education'-- 4
omit. 5
9 Insertion of new s 12A
Clause 6
After section 12-- 7
insert-- 8
`12A Provisional accreditation, or accreditation, is for 1 type of 9
education 10
`(1) Each provisional accreditation, or accreditation, of a school must be 11
for 1 type of education only. 12
`(2) However, a school may be provisionally accredited, or accredited, to 13
provide more than 1 type of education.'. 14
10 Amendment of s 23 (Form of certificate of provisional
Clause 15
accreditation) 16
Section 23-- 17
insert-- 18
`(4) If a school is provisionally accredited for more than 1 type of 19
education, a single certificate of provisional accreditation may relate to all 20
the types of education concerned.'. 21
11 Amendment of s 35 (Form of certificate of accreditation)
Clause 22
Section 35-- 23
insert-- 24
`(4) If a school is accredited for more than 1 type of education, a single 25
certificate of accreditation may relate to all the types of education 26
concerned.'. 27
s 12 12 s 14
Education (Miscellaneous Amendments) Bill 2002
12 Insertion of ch 2, pt 2, div 3, sdiv 1, hdg
Clause 1
Chapter 2, part 2, division 3, before section 36-- 2
insert-- 3
`Subdivision 1--Assessment when school first starts to operate within a 4
sector of schooling'. 5
13 Amendment of s 36 (Application of div 3)
Clause 6
(1) Section 36, heading, `div 3'-- 7
omit, insert-- 8
`sdiv 1'. 9
(2) Section 36, `division'-- 10
omit, insert-- 11
`subdivision'. 12
14 Insertion of new ch 2, pt 2, div 3, sdiv 2
Clause 13
Chapter 2, part 2, division 3, after section 38-- 14
insert-- 15
`Subdivision 2--Assessment when school starts to operate within a sector 16
of schooling at new site 17
`38A Application of sdiv 2 18
`This subdivision applies to a school that has started to operate, within a 19
sector of schooling, at a site (a "new site") at which the school has not 20
previously operated within the sector of schooling. 21
`38B Assessment of school 22
`(1) The board must after the assessment day start an assessment of the 23
school in relation to the provision of education within the sector of 24
schooling at the new site, to decide whether the school is complying with 25
the accreditation criteria. 26
`(2) The board may conduct not more than 2 assessments of the school 27
under this section. 28
s 15 13 s 16
Education (Miscellaneous Amendments) Bill 2002
`(3) In this section-- 1
"assessment day" means-- 2
(a) a day agreed to by the board and the school's governing body; or 3
(b) the day, of which the board has notified the governing body, that 4
is-- 5
(i) at least 6 months after the day the school starts to operate 6
within the sector of schooling at the new site; and 7
(ii) within the last year of schooling for the sector of schooling 8
at the new site. 9
`38C Report by assessor 10
`(1) To assess a school under section 38B, the board must obtain a 11
written report from an assessor about whether the school is complying with 12
the accreditation criteria. 13
`(2) To prepare the report, the assessor may exercise the assessor's 14
powers under chapter 5, part 3.'. 15
15 Amendment of s 42 (Demonstration of compliance)
Clause 16
Section 42(1), `documents'-- 17
omit, insert-- 18
`information or a document'. 19
16 Amendment of ch 2, pt 3, div 2, hdg (Changes in attributes of
Clause 20
provisional accreditation) 21
Chapter 2, part 3, division 2, heading, after `accreditation'-- 22
insert-- 23
`on application by school's governing body'. 24
s 17 14 s 17
Education (Miscellaneous Amendments) Bill 2002
17 Insertion of new ch 2, pt 3, div 2A
Clause 1
Chapter 2, part 3, after section 58-- 2
insert-- 3
`Division 2A--Other changes in attributes of provisional accreditation 4
`58A Notice about change in attribute of provisional accreditation 5
`(1) This section applies if-- 6
(a) the board reasonably believes an attribute of provisional 7
accreditation applying to a school has changed; and 8
(b) the school's governing body has not given the board an 9
application about the change under division 2. 10
`(2) The board may give the school's governing body a notice (a "show 11
cause notice") stating the following-- 12
(a) details about the attribute of provisional accreditation the board 13
reasonably believes has changed; 14
(b) an outline of the facts and circumstances forming the basis for 15
the board's belief; 16
(c) the change the board proposes making to the attribute of 17
provisional accreditation applying to the school; 18
(d) an invitation to the governing body to show within a stated period 19
(the "show cause period") why the proposed change should not 20
be made. 21
`(3) The show cause period must be a period ending at least 30 days after 22
the notice is given to the governing body. 23
`58B Representations about show cause notice 24
`(1) The governing body may make written representations about the 25
show cause notice to the board in the show cause period. 26
`(2) The board must consider all written representations (the "accepted 27
representations") made under subsection (1). 28
s 17 15 s 17
Education (Miscellaneous Amendments) Bill 2002
`58C Ending show cause process without further action 1
`If, after considering the accepted representations for the show cause 2
notice, the board no longer believes the attribute of provisional 3
accreditation has changed, the board-- 4
(a) must not take further action about the show cause notice; and 5
(b) must, as soon as practicable, give notice to the school's 6
governing body that no further action is to be taken about the 7
show cause notice. 8
`58D Changing attribute of provisional accreditation 9
`(1) This section applies if-- 10
(a) after considering the accepted representations for the show cause 11
notice, the board still believes the attribute has changed; or 12
(b) there are no accepted representations for the show cause notice. 13
`(2) The board may decide to change the attribute. 14
`(3) The board must, as soon as practicable, give an information notice 15
about the decision to the school's governing body. 16
`(4) The decision does not take effect until-- 17
(a) the last day to apply for a review of the decision; or 18
(b) if an application is made for a review of the decision--the day 19
the application is decided or otherwise disposed of. 20
`58E Return of certificate of provisional accreditation to board 21
`(1) This section applies if-- 22
(a) the board decides to change an attribute of provisional 23
accreditation applying to a school and gives an information 24
notice about the decision to the school's governing body; and 25
(b) the attribute of provisional accreditation is stated in the school's 26
certificate of provisional accreditation; and 27
(c) the decision takes effect under section 58D(4). 28
`(2) The governing body must return the certificate of provisional 29
accreditation to the board within 14 days after the decision takes effect, 30
unless the governing body has a reasonable excuse. 31
s 18 16 s 19
Education (Miscellaneous Amendments) Bill 2002
Maximum penalty--20 penalty units. 1
`(3) On receiving the certificate, the board must issue a replacement 2
certificate of provisional accreditation to the governing body stating details 3
of the change. 4
`(4) Failure to issue a replacement certificate does not effect the validity 5
of the change. 6
`(5) However, subsection (2) does not apply if the governing body made 7
an application to have the decision reviewed under chapter 4 and was 8
successful in having the decision overturned. 9
`58F Effect of change on application for accreditation 10
`(1) This section applies if a provisionally accredited school's governing 11
body receives an information notice under section 58D(3). 12
`(2) The application for the accreditation of the school, yet to be decided 13
by the board, is taken to be amended to accord with the decision stated in 14
the information notice. 15
`(3) However, subsection (2) does not apply if the governing body made 16
an application to have the decision reviewed under chapter 4 and was 17
successful in having the decision overturned.'. 18
18 Amendment of s 59 (Application of div 2)
Clause 19
(1) Section 59, heading, `div 2'-- 20
omit, insert-- 21
`divs 2 and 2A'. 22
(2) Section 59, `division 2, other than section 58, applies'-- 23
omit, insert-- 24
`divisions 2 and 2A, other than sections 58 and 58F, apply'. 25
19 Amendment of ch 2, pt 4, hdg (Cancellation of accreditations or
Clause 26
provisional accreditations) 27
Chapter 2, part 4, heading, after `CANCELLATION'-- 28
insert-- 29
`AND SURRENDER'. 30
s 20 17 s 21
Education (Miscellaneous Amendments) Bill 2002
20 Amendment of s 63 (Grounds for cancellation)
Clause 1
(1) Section 63, `accreditation--'-- 2
omit, insert-- 3
`accreditation for a type of education--'. 4
(2) Section 63(g)-- 5
renumber as section 63(h). 6
(3) Section 63-- 7
insert-- 8
`(g) the school has not provided the type of education for at least 9
4 consecutive months;'. 10
(4) Section 63-- 11
insert-- 12
`(2) Also, it is a ground for cancelling a school's accreditation to provide 13
preschool education if the school stops providing primary education for 14
years 1 to 3.'. 15
21 Amendment of s 70 (Grounds for cancellation)
Clause 16
(1) Section 70, `accreditation--'-- 17
omit, insert-- 18
`accreditation for a type of education--'. 19
(2) Section 70-- 20
insert-- 21
`(e) the school has not provided the type of education for any 22
4 consecutive months after the schools student-intake day.'. 23
(3) Section 70-- 24
insert-- 25
`(2) Also, it is a ground for cancelling a school's provisional 26
accreditation to provide preschool education if the school stops providing 27
primary education for years 1 to 3.'. 28
s 22 18 s 24
Education (Miscellaneous Amendments) Bill 2002
22 Insertion of new ch 2, pt 4, div 4
Clause 1
Chapter 2, part 4, after section 70-- 2
insert-- 3
`Division 4--Surrender of accreditations or provisional accreditations 4
`70A Surrender 5
`(1) A school's governing body may, by notice given to the board, 6
surrender an accreditation or provisional accreditation of the school. 7
`(2) The surrender takes effect on the later of the following-- 8
(a) the end of 7 days after the day the notice is given; 9
(b) a day stated in the notice for the surrender.'. 10
23 Amendment of s 76 (Public notification)
Clause 11
(1) Section 76(8)-- 12
renumber as section 76(9). 13
(2) Section 76-- 14
insert-- 15
`(8) However, the applicant need not comply with a notice requirement 16
under this section for an application (the "exempt application") if the 17
committee has advised the applicant that it is satisfied the exempt 18
application is substantially similar to another application for which a 19
person has complied with the notice requirement within 1 year before the 20
exempt application was made.'. 21
24 Amendment of s 77 (Required content of catchment area notice)
Clause 22
Section 77(2), from `30 days'-- 23
omit, insert-- 24
`35 days after making the application.'. 25
s 25 19 s 27
Education (Miscellaneous Amendments) Bill 2002
25 Replacement of s 78 (Notice of compliance or noncompliance with
Clause 1
notice requirements) 2
Section 78-- 3
omit, insert-- 4
`78 Notice of compliance or noncompliance with notice requirements 5
`(1) The applicant must, within 21 days after making an application to 6
which this part applies, give the committee a notice stating-- 7
(a) whether or not the applicant has, for the application, complied 8
with the notice requirements under section 76; and 9
(b) the name and address of each person, if any, to whom the 10
catchment area notice was given under section 76(2)(a) or (4)(a). 11
`(2) If the catchment area notice was published in a newspaper under 12
section 76(2)(b) or (4)(b), a copy of the page of the newspaper containing 13
the catchment area notice must be attached to the notice. 14
`(3) Subject to section 84, the committee may only make a 15
recommendation, under section 54,2 section 54 as applied by section 59, or 16
section 85, about the application if it is satisfied the applicant has complied 17
with the notice requirements under section 76 to the extent they apply to 18
the applicant.'. 19
26 Amendment of s 84 (Substantial compliance with notice
Clause 20
requirements may be accepted) 21
Section 84(1), after `76'-- 22
insert-- 23
`to the extent they apply to the applicant'. 24
27 Insertion of new s 99A
Clause 25
After section 99-- 26
insert-- 27
2 Section 54 (Consideration by committee of effect on eligibility for Government
funding for school)
s 28 20 s 29
Education (Miscellaneous Amendments) Bill 2002
`99A Effect of change of particular attributes 1
`(1) This section applies to a school if-- 2
(a) an attribute of the school's provisional accreditation or 3
accreditation is changed under section 58D3 or section 58D as 4
applied by section 59; and 5
(b) because of the change, the school is no longer provisionally 6
accredited or accredited for an aspect of the operation of the 7
school for which the school's governing body is eligible for 8
Government funding. 9
`(2) The eligibility for Government funding for the aspect is taken to be 10
withdrawn when the change takes effect under this Act.'. 11
28 Amendment of s 186 (School in receipt of subsidy under General
Clause 12
Provisions Act) 13
Section 186-- 14
insert-- 15
`(3A) Subsection (3B) applies if, immediately before the 16
commencement, there was in force a planning approval under the General 17
Provisions Act for the school for aspects of the operation of the school (the 18
"planning approval aspects") other than the aspects as under the 19
categorisation or provisional categorisation. 20
`(3B) The school is also taken to be a school, the governing body of 21
which is eligible for Government funding for the planning approval 22
aspects.'. 23
29 Amendment of s 187 (Existing application for categorisation as a
Clause 24
school in receipt of subsidy) 25
Section 187-- 26
insert-- 27
`(5A) Subsection (5B) applies if, immediately before the 28
commencement, there was in force a planning approval under the General 29
Provisions Act for the school for aspects of the operation of the school (the 30
3 Section 58D (Changing attribute of provisional accreditation)
s 30 21 s 33
Education (Miscellaneous Amendments) Bill 2002
"planning approval aspects") other than the aspects to which the 1
provisional categorisation or categorisation relates. 2
`(5B) The school is also taken to be a school, the governing body of 3
which is eligible for Government funding for the planning approval 4
aspects.'. 5
30 Replacement of s 194 (Application of div 1)
Clause 6
Section 194-- 7
omit, insert-- 8
`194 Application of div 1 9
`This division applies to a school for which, immediately before the 10
commencement, there was in force a planning approval under the General 11
Provisions Act.'. 12
31 Amendment of s 197 (Application to change attribute of
Clause 13
provisional accreditation) 14
Section 197(1)(b), `6 months'-- 15
omit, insert-- 16
`18 months'. 17
32 Amendment of s 198 (Application to change attribute of
Clause 18
accreditation) 19
Section 198(1)(b), `6 months'-- 20
omit, insert-- 21
`18 months'. 22
33 Amendment of s 200 (Application for accreditation)
Clause 23
Section 200(1), `6 months'-- 24
omit, insert-- 25
`18 months'. 26
s 34 22 s 34
Education (Miscellaneous Amendments) Bill 2002
34 Insertion of new ch 8
Clause 1
After section 217-- 2
insert-- 3
`CHAPTER 8--TRANSITIONAL PROVISIONS FOR 4
EDUCATION (MISCELLANEOUS AMENDMENTS) 5
ACT 2002 6
`218 Definitions for ch 8 7
`In this chapter-- 8
"commencement" means commencement of this section. 9
"post-amended Act" means this Act as in force immediately after the 10
commencement of the Education (Miscellaneous Amendments) Act 11
2002, section 8. 12
"pre-amended Act" means this Act as in force immediately before the 13
commencement of the Education (Miscellaneous Amendments) Act 14
2002, section 8. 15
`219 Provisional accreditation for particular type of education 16
`(1) This section applies to a school that, immediately before the 17
commencement, is provisionally accredited for the type of education 18
mentioned in section 12(1)(a) of the pre-amended Act. 19
`(2) The school is taken to be provisionally accredited for the types of 20
education mentioned in section 12(1)(a) and (b) of the post-amended Act. 21
`(3) Also, for this Act the school's governing body is taken to have made 22
application, under section 16, to the board for the accreditation of the 23
school for each type of education mentioned in section 12(1)(a) and (b) of 24
the post-amended Act. 25
`220 Accreditation for particular type of education 26
`(1) This section applies to a school that, immediately before the 27
commencement, is accredited for the type of education mentioned in 28
section 12(1)(a) of the pre-amended Act. 29
s 35 23 s 36
Education (Miscellaneous Amendments) Bill 2002
`(2) The school is taken to be accredited for the types of education 1
mentioned in section 12(1)(a) and (b) of the post-amended Act. 2
`221 Application for accreditation for particular type of education 3
`(1) This section applies to an application for the accreditation of a 4
school for the type of education mentioned in section 12(1)(a) of the 5
pre-amended Act if, immediately before the commencement, the 6
application has not been decided under chapter 2, part 2, division 2, 7
subdivision 2.4 8
`(2) For this Act, the application is taken to be a separate application for 9
each type of education mentioned in section 12(1)(a) and (b) of the 10
post-amended Act.'. 11
PART 4--AMENDMENT OF EDUCATION (GENERAL 12
PROVISIONS) ACT 1989 13
35 Act amended in pt 4
Clause 14
This part amends the Education (General Provisions) Act 1989. 15
36 Amendment of s 144 (Restriction on establishment of places for
Clause 16
teaching overseas curriculum) 17
(1) Section 144(1)-- 18
insert-- 19
` "approved entity", of a country, means an entity the Minister reasonably 20
believes ordinarily authorises persons to teach primary or secondary 21
curriculums of the country. 22
"criminal history", of a person, means the person's criminal history 23
within the meaning of the Criminal Law (Rehabilitation of Offenders) 24
Act 1986, and-- 25
4 Chapter 2 (Accreditation of schools), part 2 (Accreditations), division 2
(Applications for accreditations), subdivision 2 (Provisional accreditation of
schools)
s 36 24 s 36
Education (Miscellaneous Amendments) Bill 2002
(a) despite sections 6 and 95 of that Act, includes a conviction of the 1
person to which any of the sections applies; and 2
(b) despite section 56 of that Act, includes a charge made against the 3
person for an offence.'. 4
(2) Section 144-- 5
insert-- 6
`(2A) Before recommending that the Governor in Council give an 7
approval to establish or conduct an international educational institution, the 8
Minister must have regard to the financial viability of the institution. 9
`(2B) Subsection (2A) does not limit the matters the Minister may have 10
regard to in deciding whether to make a recommendation.'. 11
(3) Section 144-- 12
insert-- 13
`(3A) Without limiting subsection (3), the following conditions apply to 14
an approval for an international educational institution-- 15
(a) a person who teaches at the institution must be authorised, under 16
a law, or by an approved entity, of the country in which the 17
institution's overseas curriculum is ordinarily offered, to teach 18
the curriculum; 19
(b) a person must not teach at the institution if the Minister considers 20
that the person may pose a risk to the safety of children at the 21
institution; 22
(c) a student who successfully completes the institution's overseas 23
curriculum must be eligible to receive an academic award for its 24
completion from an entity of the country in which the curriculum 25
is ordinarily offered; 26
(d) the institution must have written guidelines about the appropriate 27
conduct of its staff and students that accord with legislation 28
applying in the State about the care or protection of children. 29
5 Criminal Law (Rehabilitation of Offenders) Act 1986, sections 6 (Non-disclosure of
convictions upon expiration of rehabilitation period) and 9 (Duty to disregard
certain convictions)
6 Criminal Law (Rehabilitation of Offenders) Act 1986, section 5 (Matter excluded
from criminal history)
s 37 25 s 37
Education (Miscellaneous Amendments) Bill 2002
`(3B) The conditions of an approval, other than the conditions mentioned 1
in subsection (3A), must be stated on the approval. 2
`(3C) For subsection (3A)(b), the Minister may ask the commissioner of 3
the police service for a written report about the criminal history of a person 4
who teaches at an international educational institution. 5
`(3D) If asked by the Minister, the commissioner of the police service 6
must give the Minister a written report about the criminal history of the 7
person, including the criminal history in the commissioner's possession or 8
to which the commissioner has access.'. 9
37 Insertion of new pt 12
Clause 10
After section 166-- 11
insert-- 12
`PART 12--TRANSITIONAL PROVISION FOR 13
COMPULSORY EDUCATION 14
`167 Transitional provision for compulsory education 15
`(1) A parent of a child being of the age of compulsory attendance is 16
taken to comply with section 114 if the child is enrolled at a prescribed 17
State school or non-State school, and attending the school, on every school 18
day, for a preparatory trial year of instruction. 19
`(2) In this section-- 20
"preparatory trial year of instruction" means a program of instruction 21
under a preschool guideline, being developed under the Education 22
(Queensland Studies Authority) Act 2002, for preparing a child for 23
primary education. 24
"prescribed State school or non-State school" means a State school or 25
non-State school prescribed under a regulation.'. 26
s 38 26 s 40
Education (Miscellaneous Amendments) Bill 2002
PART 5--AMENDMENT OF EDUCATION (OVERSEAS 1
STUDENTS) ACT 1996 2
38 Act amended in pt 5
Clause 3
This part amends the Education (Overseas Students) Act 1996. 4
39 Amendment of s 8 (Statutory conditions)
Clause 5
Section 8-- 6
insert-- 7
`(1A) Also, it is a condition of a registered provider's registration that the 8
registered provider allows the chief executive to enter, at any reasonable 9
time, a place at which the registered provider delivers, or intends to deliver, 10
a course to inspect the place under section 17A(2).7'. 11
40 Insertion of new pt 2, div 6
Clause 12
Part 2, after section 17-- 13
insert-- 14
`Division 6--Inspection of places 15
`17A Inspection of particular places 16
`(1) This section applies to a place at which a registered provider 17
delivers, or intends to deliver, a course. 18
`(2) The chief executive may inspect the place at any reasonable time to 19
ensure-- 20
(a) it is suitable for delivering the course; and 21
(b) the staffing and resources at the place are adequate for delivering 22
the course. 23
`(3) If the chief executive inspects the place, the registered provider must 24
pay to the chief executive the fee prescribed under a regulation for the 25
inspection.'. 26
7 Section 17A (Inspection of particular places)
s 41 27 s 44
Education (Miscellaneous Amendments) Bill 2002
PART 6--AMENDMENT OF EDUCATION (TEACHER 1
REGISTRATION) ACT 1988 2
41 Act amended in pt 6
Clause 3
This part amends the Education (Teacher Registration) Act 1988. 4
42 Amendment of s 50 (Board may conduct inquiry about certain
Clause 5
persons) 6
Section 50(3), from `only if'-- 7
omit, insert-- 8
`only if-- 9
(a) the board is reasonably satisfied that, because of the nature of the 10
events the subject of the proposed inquiry, it is in the public 11
interest for the board to inquire into the events; and 12
(b) the events happened while the person was registered.'. 13
PART 7--AMENDMENT OF GRIFFITH UNIVERSITY 14
ACT 1998 15
43 Act amended in pt 7
Clause 16
This part amends the Griffith University Act 1998. 17
44 Amendment of s 5 (Functions of university)
Clause 18
(1) Section 5(b)-- 19
omit, insert-- 20
`(b) to provide facilities for study and research generally, and in 21
particular, for people in the cities of Brisbane, Gold Coast and 22
Logan; and 23
(ba) to encourage study and research; and'. 24
s 45 28 s 47
Education (Miscellaneous Amendments) Bill 2002
(2) Section 5(d), after `community'-- 1
insert-- 2
`generally, and in particular, the people in the cities of Brisbane, Gold 3
Coast and Logan'. 4
45 Amendment of s 14 (Appointed members)
Clause 5
Section 14(1), `6'-- 6
omit, insert-- 7
`8'. 8
46 Amendment of s 15 (Elected members)
Clause 9
(1) Section 15(1), `14'-- 10
omit, insert-- 11
`12'. 12
(2) Section 15(2)(d), `(b), (c) or (e)'-- 13
omit, insert-- 14
`(b) or (c)'. 15
(3) Section 15(2)(e)-- 16
omit. 17
(4) Section 15(4) and (5)-- 18
omit. 19
47 Insertion of new s 20A
Clause 20
After section 20-- 21
insert-- 22
`20A Dealing with casual vacancy in office of an elected member 23
`(1) This section applies if a casual vacancy arises in the office of an 24
elected member. 25
`(2) If the elected member was elected by a ballot under section 15(3), 26
the council must appoint to the office the one person, if any, who-- 27
s 48 29 s 48
Education (Miscellaneous Amendments) Bill 2002
(a) was a candidate for the office in the ballot; and 1
(b) was not elected; and 2
(c) received the highest number of votes of all the candidates who 3
were not elected; and 4
(d) is eligible, under this Act, to be a member; and 5
(e) is willing to be, and available to perform the functions of, a 6
member. 7
`(3) Subsection (4) applies if-- 8
(a) the elected member was not elected by a ballot; or 9
(b) no-one is eligible for appointment under subsection (2). 10
`(4) The council must appoint to the office a person who is eligible to be 11
elected to the office under section 15. 12
`(5) A person appointed under subsection (2) or (4) is taken to have been 13
elected under section 15.'. 14
48 Amendment of s 21 (Failure to elect or appoint elected members)
Clause 15
(1) Section 21, heading, `or appoint'-- 16
omit. 17
(2) Section 21(1), `or appoint'-- 18
omit. 19
(3) Section 21-- 20
insert-- 21
`(1A) The council may, if asked by the Minister, nominate a person for 22
appointment under subsection (1).'. 23
(4) Section 21(2), `or appointed'-- 24
omit. 25
(5) Section 21(3)-- 26
omit. 27
(6) Section 21(1A) and (2)-- 28
renumber as section 21(2) and (3). 29
s 49 30 s 50
Education (Miscellaneous Amendments) Bill 2002
49 Replacement of s 35 (Composition)
Clause 1
Section 35-- 2
omit, insert-- 3
`35 Membership 4
`The persons who are eligible to be members of the university student 5
council are-- 6
(a) undergraduate students, other than students studying at the Gold 7
Coast campus of the university; and 8
(b) persons eligible for membership under the university student 9
council's constitution.'. 10
50 Replacement of pt 4, div 3 (Colleges)
Clause 11
Part 4, division 3-- 12
omit, insert-- 13
`Division 3--Gold Coast Student Guild 14
`39 Establishment 15
`(1) The Gold Coast Student Guild is established. 16
`(2) The student guild-- 17
(a) is a body corporate with perpetual succession; and 18
(b) has a common seal; and 19
(c) may sue and be sued in its corporate name. 20
`40 Membership 21
`The persons who are eligible to be members of the student guild are-- 22
(a) students studying at the Gold Coast campus of the university; and 23
(b) persons eligible for membership under the student guild's 24
constitution. 25
s 51 31 s 51
Education (Miscellaneous Amendments) Bill 2002
`41 Role 1
`(1) The student guild has the role and powers stated in its constitution. 2
`(2) The student guild also has the role and powers decided by the 3
council. 4
`(3) However, the student guild is not the employee or agent of the 5
council. 6
`42 General powers 7
`Without limiting section 41, the student guild has all the powers of an 8
individual, including, for example, the power to acquire, hold, dispose of, 9
and deal with, property. 10
`43 Constitution 11
`(1) The student guild must have a written constitution. 12
`(2) The student guild's constitution, and each amendment of the 13
constitution, must be submitted to the council for approval. 14
`(3) The constitution or amendment has no effect until approved by the 15
council.'. 16
51 Amendment of s 44A (Excluded matters for Corporations
Clause 17
legislation) 18
(1) Section 44A(1), `Each of the following'-- 19
omit, insert-- 20
`The convocation'. 21
(2) Section 44A(1), from `Act--'-- 22
omit, insert-- 23
`Act.'. 24
(3) Section 44A(2)(b)-- 25
omit, insert-- 26
`(b) the student guild.'. 27
s 52 32 s 54
Education (Miscellaneous Amendments) Bill 2002
52 Amendment of s 61 (Making of university statutes)
Clause 1
(1) Section 61(2)(g)-- 2
omit. 3
(2) Section 61(2)(h) to (j)-- 4
renumber as section 61(2)(g) to (i). 5
53 Amendment of s 63 (University statutes affecting university
Clause 6
student council or college student body) 7
(1) Section 63, heading, `college student body'-- 8
omit, insert-- 9
`student guild'. 10
(2) Section 63(1), `a college student body's'-- 11
omit, insert-- 12
`the student guild's'. 13
(3) Section 63(1)(a) and (b), (2) and (4), `college student body'-- 14
omit, insert-- 15
`student guild'. 16
54 Insertion of new pt 8
Clause 17
After section 69-- 18
insert-- 19
`PART 8--TRANSITIONAL PROVISIONS FOR 20
EDUCATION (MISCELLANEOUS AMENDMENTS) ACT 21
2002 22
`Division 1--Preliminary 23
`70 Definitions for pt 8 24
"college" means a college established under section 39 of the pre-amended 25
Act. 26
s 54 33 s 54
Education (Miscellaneous Amendments) Bill 2002
"commencement" means the commencement of the section in which the 1
term is used. 2
"Gold Coast college" means the college established under the Griffith 3
University Statute No. 1.1 (Establishment of a College of Griffith 4
University) 1999. 5
"Gold Coast student body" means the college student body established 6
under the Griffith University Statute No. 1.4 (Establishment of a 7
Student Representative Guild of a College of Griffith University at the 8
Gold Coast) 1999. 9
"pre-amended Act" means this Act as in force before the commencement 10
of the Education (Miscellaneous Amendments) Act 2002, part 7. 11
`Division 2--Provisions about the council 12
`71 Conduct of ballot for elected members 13
`(1) A ballot under section 15(3) for elected members ("new members") 14
of the council must be conducted as soon as practicable after the 15
commencement. 16
`(2) Subsection (3) applies to a person who is an elected member 17
immediately before the ballot is conducted. 18
`(3) Despite section 19(1) and (2), the term of office of the member ends 19
at the end of the day the new member who is the member's successor is 20
elected under the ballot. 21
`(4) No compensation is payable to a person because of subsection (3). 22
`72 When particular members' term of office ends 23
`(1) This section applies to a person who, immediately before the 24
commencement, was a member mentioned in section 15(2)(e) of the 25
pre-amended Act. 26
`(2) Despite section 19(2) of the pre-amended Act, the term of office of 27
the member ends on the commencement. 28
`(3) No compensation is payable to a person because of subsection (2). 29
s 54 34 s 54
Education (Miscellaneous Amendments) Bill 2002
`Division 3--Provisions about Gold Coast student body 1
`73 Continuation of Gold Coast student body 2
`The Gold Coast student body is continued as the student guild. 3
`74 Student guild is legal successor 4
`The student guild is the successor in law of the Gold Coast student 5
body. 6
`75 Continuation of constitution 7
`(1) Subsection (2) applies until the student guild's constitution is 8
approved under section 43(3). 9
`(2) The Gold Coast student body's constitution in force immediately 10
before the commencement is taken to be the student guild's constitution. 11
`76 Board members and office holders continue in office 12
`(1) This section applies to a person who, immediately before the 13
commencement-- 14
(a) is a member of the board of the Gold Coast student body; or 15
(b) holds an office under the Gold Coast student body's constitution. 16
`(2) Subject to the student guild's constitution, the person continues-- 17
(a) as a member of the board of the student guild; or 18
(b) to hold the office under the student guild's constitution. 19
`77 Assets and liabilities etc. 20
`On the commencement-- 21
(a) the assets and liabilities of the Gold Coast student body 22
immediately before the commencement vest in the student guild; 23
and 24
(b) any contracts entered into by or for the Gold Coast student body 25
and all guarantees, undertakings and securities given by, for or to 26
the Gold Coast student body, in force immediately before the 27
s 55 35 s 55
Education (Miscellaneous Amendments) Bill 2002
commencement, are taken to have been entered into or given by, 1
for or to the student guild and may be enforced against or by the 2
student guild. 3
`78 Proceedings 4
`(1) This section applies to a proceeding that-- 5
(a) was taken by or against either of the following before the 6
commencement-- 7
(i) the Gold Coast student body; 8
(ii) a person who held an office on the Gold Coast student body 9
in the person's capacity as an office holder of the Gold 10
Coast student body. 11
`(2) From the commencement, the proceeding may be continued and 12
finished by or against the student guild. 13
`79 References to Gold Coast student body 14
`A reference in an Act or document to the Gold Coast student body may, 15
if the context permits, be taken as a reference to the student guild. 16
`Division 4--Provision about colleges 17
`80 Dissolution of colleges 18
`On the commencement, each college is dissolved.'. 19
55 Amendment of sch 2 (Dictionary)
Clause 20
(1) Schedule 2, definitions "college", "college student body" and "Gold 21
Coast college"-- 22
omit. 23
(2) Schedule 2-- 24
insert-- 25
` "student guild" means the Gold Coast Student Guild established under 26
section 39.'. 27
s 56 36 s 57
Education (Miscellaneous Amendments) Bill 2002
(3) Schedule 2, definition "elected member", `or appointed'-- 1
omit. 2
PART 8--AMENDMENT OF JAMES COOK 3
UNIVERSITY ACT 1997 4
56 Act amended in pt 8
Clause 5
This part amends the James Cook University Act 1997. 6
57 Insertion of new s 20A
Clause 7
After section 20-- 8
insert-- 9
`20A Dealing with casual vacancy in office of an elected member 10
`(1) This section applies if a casual vacancy arises in the office of an 11
elected member. 12
`(2) If the elected member was elected by a ballot under section 15(3), 13
the council must appoint to the office the one person, if any, who-- 14
(a) was a candidate for the office in the ballot; and 15
(b) was not elected; and 16
(c) received the highest number of votes of all the candidates who 17
were not elected; and 18
(d) is eligible, under this Act, to be a member; and 19
(e) is willing to be, and available to perform the functions of, a 20
member. 21
`(3) Subsection (4) applies if-- 22
(a) the elected member was not elected by a ballot; or 23
(b) no-one is eligible for appointment under subsection (2). 24
`(4) A person is to be elected to the office by a ballot under section 15(3). 25
`(5) Despite subsection (4)-- 26
s 58 37 s 59
Education (Miscellaneous Amendments) Bill 2002
(a) if the elected member was a student--the council may authorise 1
the council of the union to appoint a student to the office at a 2
meeting of the council of the union; and 3
(b) if the elected member was a member of the convocation--the 4
council may authorise the convocation to appoint a member of 5
the convocation to the office at a meeting of the convocation at 6
which a quorum is present. 7
`(6) A person appointed under subsection (2) or (5) is taken to have been 8
elected under section 15. 9
`(7) In this section-- 10
"member of the convocation" does not include a member of the 11
convocation who is eligible for membership of the council under 12
section 15(2)(a), (b) or (c).'. 13
58 Amendment of s 21 (Failure to elect or appoint elected members)
Clause 14
(1) Section 21-- 15
insert-- 16
`(1A) The council may, if asked by the Minister, nominate a person for 17
appointment under subsection (1).'. 18
(2) Section 21(1A) to (3)-- 19
renumber as section 21(2) to (4). 20
(3) Section 21-- 21
insert-- 22
`(5) In this section-- 23
"entity" does not include the council.'. 24
PART 9--AMENDMENT OF QUEENSLAND 25
UNIVERSITY OF TECHNOLOGY ACT 1998 26
59 Act amended in pt 9
Clause 27
This part amends the Queensland University of Technology Act 1998. 28
s 60 38 s 61
Education (Miscellaneous Amendments) Bill 2002
60 Amendment of s 15 (Elected members)
Clause 1
Section 15(2) and (3), after `full-time'-- 2
insert-- 3
`and part-time'. 4
61 Insertion of new s 20A
Clause 5
After section 20-- 6
insert-- 7
`20A Dealing with casual vacancy in office of an elected member 8
`(1) This section applies if a casual vacancy arises in the office of an 9
elected member. 10
`(2) If the member was elected by a ballot under section 15(3), the 11
council must appoint to the office the one person, if any, who-- 12
(a) was a candidate for the office in the ballot; and 13
(b) was not elected; and 14
(c) received the highest number of votes of all the candidates who 15
were not elected; and 16
(d) is eligible, under this Act, to be a member; and 17
(e) is willing to be, and available to perform the functions of, a 18
member. 19
`(3) Subsection (4) applies if-- 20
(a) the elected member was not elected by a ballot; or 21
(b) no-one is eligible for appointment under subsection (2). 22
`(4) A person is to be elected to the office by a ballot under section 15(3). 23
`(5) Despite subsection (4)-- 24
(a) if the elected member was a student--the council may authorise 25
the council of the student guild to appoint a student to the office 26
at a meeting of the council of the student guild; and 27
(b) if the elected member was a member of QUT Alumni (the 28
"alumni")--the council may authorise the alumni to appoint a 29
member of the alumni to the office at a meeting of the alumni at 30
which a quorum is present. 31
s 62 39 s 64
Education (Miscellaneous Amendments) Bill 2002
`(6) A person appointed under subsection (2) or (5) is taken to have been 1
elected under section 15. 2
`(7) In this section-- 3
"member of the alumni" does not include a member of the alumni who is 4
eligible for membership of the council under section 15(2)(a), (b) or 5
(c).'. 6
62 Amendment of s 21 (Failure to elect or appoint elected members)
Clause 7
(1) Section 21-- 8
insert-- 9
`(1A) The council may, if asked by the Minister, nominate a person for 10
appointment under subsection (1).'. 11
(2) Section 21(1A) to (3)-- 12
renumber as section 21(2) to (4). 13
(3) Section 21-- 14
insert-- 15
`(5) In this section-- 16
"entity" does not include the council.'. 17
PART 10--AMENDMENT OF UNIVERSITY OF 18
QUEENSLAND ACT 1998 19
63 Act amended in pt 10
Clause 20
This part amends the University of Queensland Act 1998. 21
64 Amendment of s 15 (Elected members)
Clause 22
(1) Section 15(4)-- 23
omit. 24
s 65 40 s 65
Education (Miscellaneous Amendments) Bill 2002
(2) Section 15(5), `Also, despite'-- 1
omit, insert-- 2
`Despite'. 3
(3) Section 15(5)-- 4
renumber as section 15(4). 5
65 Insertion of new s 20A
Clause 6
After section 20-- 7
insert-- 8
`20A Dealing with casual vacancy in office of an elected member 9
`(1) This section applies if a casual vacancy arises in the office of an 10
elected member. 11
`(2) If the member was elected by a ballot under section 15(3), the senate 12
must appoint to the office the one person, if any, who-- 13
(a) was a candidate for the office in the ballot; and 14
(b) was not elected; and 15
(c) received the highest number of votes of all the candidates who 16
were not elected; and 17
(d) is eligible, under this Act, to be a member; and 18
(e) is willing to be, and available to perform the functions of, a 19
member. 20
`(3) Subsection (4) applies if-- 21
(a) the elected member was not elected by a ballot; or 22
(b) no-one is eligible for appointment under subsection (2). 23
`(4) The senate must appoint to the office a person who is eligible to be 24
elected to the office under section 15. 25
`(5) A person appointed under subsection (2) or (4) is taken to have been 26
elected under section 15.'. 27
s 66 41 s 68
Education (Miscellaneous Amendments) Bill 2002
66 Amendment of s 21 (Failure to elect or appoint elected members)
Clause 1
(1) Section 21, heading, `or appoint'-- 2
omit. 3
(2) Section 21(1), `or appoint'-- 4
omit. 5
(3) Section 21-- 6
insert-- 7
`(1A) The senate may, if asked by the Minister, nominate a person for 8
appointment under subsection (1).'. 9
(4) Section 21(2), `or appointed'-- 10
omit. 11
(5) Section 21(3)-- 12
omit. 13
(6) Section 21(1A) and (2)-- 14
renumber as section 21(2) and (3). 15
PART 11--AMENDMENT OF UNIVERSITY OF 16
SOUTHERN QUEENSLAND ACT 1998 17
67 Act amended in pt 11
Clause 18
This part amends the University of Southern Queensland Act 1998. 19
68 Insertion of new s 20A
Clause 20
After section 20-- 21
insert-- 22
`20A Dealing with casual vacancy in office of particular elected 23
members 24
`(1) This section applies if a casual vacancy arises in the office of an 25
elected member, other than a member mentioned in section 15(2)(d). 26
s 69 42 s 69
Education (Miscellaneous Amendments) Bill 2002
`(2) If the elected member was elected by a ballot under section 15(3), 1
the council must appoint to the office the one person, if any, who-- 2
(a) was a candidate for the office in the ballot; and 3
(b) was not elected; and 4
(c) received the highest number of votes of all the candidates who 5
were not elected; and 6
(d) is eligible, under this Act, to be a member; and 7
(e) is willing to be, and available to perform the functions of, a 8
member. 9
`(3) Subsection (4) applies if-- 10
(a) the elected member was not elected by a ballot; or 11
(b) no-one is eligible for appointment under subsection (2). 12
`(4) A person is to be elected to the office by a ballot under section 15(3). 13
`(5) Despite subsection (4), if the elected member was a student, the 14
council may authorise the board of the student guild to appoint a student to 15
the office at a meeting of the board of the student guild. 16
`(6) A person appointed under subsection (2) or (5) is taken to have been 17
elected under section 15.'. 18
69 Amendment of s 21 (Failure to elect or appoint elected members)
Clause 19
(1) Section 21-- 20
insert-- 21
`(1A) The council may, if asked by the Minister, nominate a person for 22
appointment under subsection (1).'. 23
(2) Section 21(1A) to (3)-- 24
renumber as section 21(2) to (4). 25
(3) Section 21-- 26
insert-- 27
`(5) In this section-- 28
"entity" does not include the council.'. 29
s 70 43 s 72
Education (Miscellaneous Amendments) Bill 2002
PART 12--AMENDMENT OF UNIVERSITY OF THE 1
SUNSHINE COAST ACT 1998 2
70 Act amended in pt 12
Clause 3
This part amends the University of the Sunshine Coast Act 1998. 4
71 Amendment of s 15 (Elected members)
Clause 5
(1) Section 15(2)(a) and (3)(a), before `academic staff'-- 6
insert-- 7
`full-time and part-time'. 8
(2) Section 15(2)(b) and (3)(b), before `general staff'-- 9
insert-- 10
`full-time and part-time'. 11
(3) Section 15(4) and (5)-- 12
omit. 13
72 Insertion of new s 20A
Clause 14
After section 20-- 15
insert-- 16
`20A Dealing with casual vacancy in office of an elected member 17
`(1) This section applies if a casual vacancy arises in the office of an 18
elected member. 19
`(2) If the elected member was elected by a ballot under section 15(3), 20
the council must appoint to the office the one person, if any, who-- 21
(a) was a candidate for the office in the ballot; and 22
(b) was not elected; and 23
(c) received the highest number of votes of all the candidates who 24
were not elected; and 25
(d) is eligible, under this Act, to be a member; and 26
s 73 44 s 73
Education (Miscellaneous Amendments) Bill 2002
(e) is willing to be, and available to perform the functions of, a 1
member. 2
`(3) Subsection (4) applies if-- 3
(a) the elected member was not elected by a ballot; or 4
(b) no-one is eligible for appointment under subsection (2). 5
`(4) A person is to be elected to the office by a ballot under section 15(3). 6
`(5) Despite subsection (4)-- 7
(a) if the elected member was a student--the council may authorise 8
the board of the student guild to appoint a student to the office at 9
a meeting of the student guild at which a quorum is present; and 10
(b) if the elected member was a member of the convocation--the 11
council may authorise the convocation to appoint a member of 12
the convocation to the office at a meeting of the convocation at 13
which a quorum is present. 14
`(6) A person appointed under subsection (2) or (5) is taken to have been 15
elected under section 15. 16
`(7) In this section-- 17
"member of the convocation" does not include a member of the 18
convocation who is eligible for membership of the council under 19
section 15(2)(a), (b) or (c).'. 20
73 Amendment of s 21 (Failure to elect or appoint elected members)
Clause 21
(1) Section 21, heading, `or appoint'-- 22
omit. 23
(2) Section 21(1), `or appoint'-- 24
omit. 25
(3) Section 21-- 26
insert-- 27
`(1A) The council may, if asked by the Minister, nominate a person for 28
appointment under subsection (1).'. 29
(4) Section 21(2), `or appointed'-- 30
omit. 31
s 74 45 s 74
Education (Miscellaneous Amendments) Bill 2002
(5) Section 21(3), `or appointment'-- 1
omit. 2
(6) Section 21(1A) to (3)-- 3
renumber as section 21(2) to (4). 4
PART 13--OTHER AMENDMENTS 5
74 Minor and consequential amendments
Clause 6
The schedule amends the Acts it mentions. 7
46
Education (Miscellaneous Amendments) Bill 2002
SCHEDULE 1
MINOR AND CONSEQUENTIAL AMENDMENTS 2
section 74 3
CENTRAL QUEENSLAND UNIVERSITY ACT 1998 4
1 Section 22, before `vacancy'-- 5
insert-- 6
`casual'. 7
2 Schedule 2-- 8
insert-- 9
` "indictable offence" includes an indictable offence dealt with 10
summarily.'. 11
EDUCATION (ACCREDITATION OF NON-STATE 12
SCHOOLS) ACT 2001 13
1 Section 75(3), `division'-- 14
omit, insert-- 15
`part'. 16
2 Chapter 7, heading, after `PROVISIONS'-- 17
insert-- 18
`FOR ACT No. 60 OF 2001'. 19
47
Education (Miscellaneous Amendments) Bill 2002
SCHEDULE (continued)
3 Schedule 3, definitions "accepted representations", "show cause 1
notice" and "show cause period"-- 2
omit. 3
4 Schedule 3-- 4
insert-- 5
` "accepted representations"-- 6
(a) for chapter 2, part 3, division 2A--see section 58B(2); or 7
(b) for chapter 2, part 4, division 2--see section 65(2); or 8
(c) for chapter 3, part 6, division 2--see section 95(2). 9
"indictable offence" includes an indictable offence dealt with summarily. 10
"show cause notice"-- 11
(a) for chapter 2, part 3, division 2A--see section 58A(2); or 12
(b) for chapter 2, part 4, division 2--see section 64(2); or 13
(c) for chapter 3, part 6, division 2--see section 94(2). 14
"show cause period"-- 15
(a) for chapter 2, part 3, division 2A--see section 58A(2)(d); or 16
(b) for chapter 2, part 4, division 2--see section 64(2)(d); or 17
(c) for chapter 3, part 6, division 2--see section 94(2)(d). 18
"type of education" means a type of education mentioned in 19
section 12(1).'. 20
5 Schedule 3, definition "certificate of accreditation", after `57(4)'-- 21
insert-- 22
`or 58E(3)'. 23
48
Education (Miscellaneous Amendments) Bill 2002
SCHEDULE (continued)
6 Schedule 3, definition "certificate of provisional accreditation", 1
after `57(4),'-- 2
insert-- 3
`58E(3),'. 4
7 Schedule 3, definitions "distance education", "person with a 5
disability", "preschool education", "primary education", 6
"secondary education", "special education" and "State school", 7
after `see'-- 8
insert-- 9
`the'. 10
EDUCATION (GENERAL PROVISIONS) ACT 1989 11
1 Section 2(1)-- 12
insert-- 13
` "indictable offence" includes an indictable offence dealt with 14
summarily.'. 15
2 Section 13(1), `sections 2(2),'-- 16
omit, insert-- 17
`sections'. 18
3 Section 61(3), `64(8)'-- 19
omit, insert-- 20
`64'. 21
49
Education (Miscellaneous Amendments) Bill 2002
SCHEDULE (continued)
EDUCATION (TEACHER REGISTRATION) ACT 1988 1
1 Section 10(b), `indictable offence,'-- 2
omit, insert-- 3
`indictable offence, whether on indictment or summarily,'. 4
2 Section 44B(3), `indictable offence,'-- 5
omit, insert-- 6
`indictable offence, whether on indictment or summarily,'. 7
GRIFFITH UNIVERSITY ACT 1998 8
1 Section 19(2), `or (e)'-- 9
omit. 10
2 Section 19(3)(a), `or reappointed'-- 11
omit. 12
3 Section 22, before `vacancy'-- 13
insert-- 14
`casual'. 15
4 Schedule 2-- 16
insert-- 17
` "indictable offence" includes an indictable offence dealt with 18
summarily.'. 19
50
Education (Miscellaneous Amendments) Bill 2002
SCHEDULE (continued)
JAMES COOK UNIVERSITY ACT 1997 1
1 Section 22, before `vacancy'-- 2
insert-- 3
`casual'. 4
2 Part 8, heading, `AND TRANSITIONAL'-- 5
omit. 6
3 Schedule 2-- 7
insert-- 8
` "indictable offence" includes an indictable offence dealt with 9
summarily.'. 10
QUEENSLAND UNIVERSITY OF TECHNOLOGY ACT 11
1998 12
1 Section 22, before `vacancy'-- 13
insert-- 14
`casual'. 15
2 Schedule 2-- 16
insert-- 17
` "indictable offence" includes an indictable offence dealt with 18
summarily.'. 19
51
Education (Miscellaneous Amendments) Bill 2002
SCHEDULE (continued)
UNIVERSITY OF QUEENSLAND ACT 1998 1
1 Section 22, before `vacancy'-- 2
insert-- 3
`casual'. 4
2 Section 52(2)(k), `15(5)'-- 5
omit, insert-- 6
`15(4)'. 7
3 Schedule 2-- 8
insert-- 9
` "indictable offence" includes an indictable offence dealt with 10
summarily.'. 11
UNIVERSITY OF SOUTHERN QUEENSLAND ACT 1998 12
1 Section 22, before `vacancy'-- 13
insert-- 14
`casual'. 15
2 Schedule 2-- 16
insert-- 17
` "indictable offence" includes an indictable offence dealt with 18
summarily.'. 19
52
Education (Miscellaneous Amendments) Bill 2002
SCHEDULE (continued)
UNIVERSITY OF THE SUNSHINE COAST ACT 1998 1
1 Section 22, before `vacancy'-- 2
insert-- 3
`casual'. 4
2 Schedule 2-- 5
insert-- 6
` "indictable offence" includes an indictable offence dealt with 7
summarily.'. 8
© State of Queensland 2002
AMENDMENTS TO BILL
1
Education (Miscellaneous Amendments) Bill 2002
EDUCATION (MISCELLANEOUS
AMENDMENTS) BILL 2002
AMENDMENT AGREED TO IN COMMITTEE
1 Clause 23--
At page 18, lines 19 to 21, from `substantially similar'--
omit, insert--
`substantially similar to--
(a) another application for which a person has complied with the
notice requirement within 3 years before the exempt application
was made; or
(b) an application--
(i) made under the Education (General Provisions) Act 1989,
section 134B, as in force from time to time before 1 January
2002, within 3 years before the exempt application was
made; and
(ii) for which a person has complied with the requirements
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