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Queensland
EDUCATION AND OTHER
LEGISLATION
AMENDMENT BILL 1999
Queensland
EDUCATION AND OTHER
LEGISLATION AMENDMENT BILL 1999
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--AMENDMENT OF EDUCATION (CAPITAL
ASSISTANCE) ACT 1993
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 9 (Functions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Amendment of s 10 (Affiliation with CAA) . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Amendment of s 11 (Change of affiliation) . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Amendment of s 15 (Application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Amendment of s 18 (Making of application) . . . . . . . . . . . . . . . . . . . . . . . . 8
10 Amendment of s 21 (CAA to have regard to available funds) . . . . . . . . . . . 8
11 Amendment of s 22 (CAA may provide capital assistance) . . . . . . . . . . . . 8
12 Amendment of s 23 (Return by eligible non-State schools) . . . . . . . . . . . . 8
13 Replacement of pt 7 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 7--VALIDATION OF CERTAIN PAYMENTS AND
TRANSITIONAL PROVISIONS
Division 1--Validation of certain payments for Act No. 37 of 1993
14 Insertion of new pt 7, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 2--Transitional provisions for Education and Other
Legislation Amendment Act 1999
28 References to affiliation with a CAA . . . . . . . . . . . . . . . . . . . . . . . . . 9
2
Education and Other Legislation Amendment
PART 3--AMENDMENT OF EDUCATION (GENERAL
PROVISIONS) ACT 1989
15 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
16 Amendment of s 2 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
17 Amendment of s 18 (Establishment of school support centres,
student hostels and residential colleges and other State educational
institutions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
18 Amendment of s 26 (Religious instruction in school hours) . . . . . . . . . . . . 10
19 Amendment of s 32 (Dealing with submissions against suspensions) . . . . . 10
20 Amendment of s 36 (Exclusion of student) . . . . . . . . . . . . . . . . . . . . . . . . . . 10
21 Amendment of s 38 (Dealing with submissions against exclusions) . . . . . . 11
22 Amendment of s 42 (Dealing with submissions against
cancellations of enrolment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
23 Replacement of s 46 (Time notices take effect) . . . . . . . . . . . . . . . . . . . . . 11
46 When decisions take effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
24 Amendment of s 54 (Membership of school councils) . . . . . . . . . . . . . . . . . 12
25 Amendment of s 122 (Calculation of allocation where student
begins schooling at State educational institution) . . . . . . . . . . . . . . . . . . . . 13
26 Amendment of s 123 (Calculation of allocation if s 122(1) does
not apply) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
27 Amendment of s 125 (Annual notice about remaining allocation) . . . . . . . 13
28 Insertion of new ss 125A and 125B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
125A Other notices about allocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
125B Copy of notices under this part to be given to parent etc. . . . . . . . . 14
29 Insertion of new div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 1--Transitional provisions before Education and Other
Legislation Amendment Act 1999
30 Replacement of s 158 (Application of part to continuing students) . . . . . . 15
Division 2--Transitional provision for Education and Other
Legislation Amendment Act 1999
158 Transitional provision about existing elected members of
school councils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
PART 4--AMENDMENT OF EDUCATION (OVERSEAS
STUDENTS) ACT 1996
31 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
32 Replacement of s 33 (Delegation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
3
Education and Other Legislation Amendment
33 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
33 Renumbering of pt 4, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
34 Insertion of new div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 5--Committees
33A Chief executive may establish committees . . . . . . . . . . . . . . . . . . . . 17
33B Committee members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
33C Committee chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
33D Disclosure of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
33E Fees and expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
33F Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
33G Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
33H Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
33I Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
33J Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
33K No attendance by proxy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
PART 5--AMENDMENT OF EDUCATION (SCHOOL
CURRICULUM P10) ACT 1996
35 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
36 Amendment of s 27 (Attendance by appointed member's proxy or
chief executive's nominee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
37 Insertion of new pt 2, div 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 6A--Chief executive's nominee
32A Chief executive may appoint nominee . . . . . . . . . . . . . . . . . . . . . . . 21
38 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
PART 6--AMENDMENT OF EDUCATION (TERTIARY
ENTRANCE PROCEDURES AUTHORITY) ACT 1990
39 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
40 Amendment of s 19 (Quorum and business of the authority) . . . . . . . . . . . . 22
PART 7--AMENDMENT OF JAMES COOK UNIVERSITY ACT
1997
41 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
42 Amendment of s 5 (Functions of university) . . . . . . . . . . . . . . . . . . . . . . . . . 23
43 Amendment of s 57 (Making of university statutes) . . . . . . . . . . . . . . . . . . . 23
44 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
4
Education and Other Legislation Amendment
PART 8--AMENDMENT OF PUBLIC SECTOR ETHICS ACT
1994
45 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
46 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
1999
A BILL
FOR
An Act to amend legislation about education, and for another purpose
s1 6 s4
Education and Other Legislation Amendment
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
Clause 1. This Act may be cited as the Education and Other Legislation 4
Amendment Act 1999. 5
6
Commencement
Clause 2. This Act commences on 1 January 2000. 7
ART 2--AMENDMENT OF EDUCATION (CAPITAL 8
P
ASSISTANCE) ACT 1993 9
amended in pt 2 10
Act
Clause 3. This part amends the Education (Capital Assistance) Act 1993. 11
of s 3 (Definitions) 12
Amendment
Clause 4. Section 3, definition "eligible non-State school", paragraph (b), 13
`affiliated'-- 14
omit, insert-- 15
`listed'. 16
s5 7 s8
Education and Other Legislation Amendment
of s 9 (Functions) 1
Amendment
Clause 5. Section 9, `affiliated'-- 2
omit, insert-- 3
`listed'. 4
of s 10 (Affiliation with CAA) 5
Amendment
Clause 6.(1) Section 10, heading, `Affiliation'-- 6
omit, insert-- 7
`Listing'. 8
(2) Section 10, `affiliated'-- 9
omit, insert-- 10
`listed'. 11
(3) Section 10(3), `affiliation'-- 12
omit, insert-- 13
`listing'. 14
of s 11 (Change of affiliation) 15
Amendment
Clause 7.(1) Section 11, `affiliation'-- 16
omit, insert-- 17
`listing'. 18
(2) Section 11(3), `affiliated'-- 19
omit, insert-- 20
`listed'. 21
of s 15 (Application) 22
Amendment
Clause 8. Section 15(2), `affiliated'-- 23
omit, insert-- 24
`listed'. 25
s9 8 s 13
Education and Other Legislation Amendment
of s 18 (Making of application) 1
Amendment
Clause 9. Section 18(2), `affiliated'-- 2
omit, insert-- 3
`listed'. 4
of s 21 (CAA to have regard to available funds) 5
Amendment
Clause 10. Section 21(1), `affiliated'-- 6
omit, insert-- 7
`listed'. 8
of s 22 (CAA may provide capital assistance) 9
Amendment
Clause 11. Section 22(1), `affiliated'-- 10
omit, insert-- 11
`listed'. 12
of s 23 (Return by eligible non-State schools) 13
Amendment
Clause 12. Section 23(2), `affiliated'-- 14
omit, insert-- 15
`listed'. 16
of pt 7 hdg 17
Replacement
Clause 13. Part 7, heading-- 18
omit, insert-- 19
ART 7--VALIDATION OF CERTAIN PAYMENTS 20
`P
AND TRANSITIONAL PROVISIONS 21
1--Validation of certain payments for Act No. 37 of 1993'. 22
`Division
s 14 9 s 16
Education and Other Legislation Amendment
of new pt 7, div 2 1
Insertion
Clause 14. After section 27-- 2
insert-- 3
`Division 2--Transitional provisions for Education and Other 4
Legislation Amendment Act 1999 5
to affiliation with a CAA 6
`References
`28.(1) A non-State school affiliated with a CAA immediately before the 7
commencement of this section is taken to be listed with the CAA. 8
`(2) If a non-State school applied to the Minister to change its affiliation 9
from one CAA to another CAA and the Minister had not made a decision 10
about the application before the commencement of this section, the 11
application may be dealt with by the Minister as an application to change the 12
school's listing.'. 13
ART 3--AMENDMENT OF EDUCATION (GENERAL 14
P
PROVISIONS) ACT 1989 15
amended in pt 3 16
Act
Clause 15. This part amends the Education (General Provisions) Act 1989. 17
of s 2 (Interpretation) 18
Amendment
Clause 16.(1) Section 2(1), definition "continuing student"-- 19
omit. 20
(2) Section 2(1), definitions "appointed member", "coopted student 21
member", "elected parent member", "elected staff member" and "elected 22
student member", `section 54(11)'-- 23
omit, insert-- 24
`section 54(13)'. 25
s 17 10 s 20
Education and Other Legislation Amendment
of s 18 (Establishment of school support centres, student 1
Amendment
hostels and residential colleges and other State educational 2
institutions) 3
Clause 17. Section 18, heading, from `school support' to `colleges'-- 4
omit, insert-- 5
`certain centres, student hostels, student residential colleges'. 6
of s 26 (Religious instruction in school hours) 7
Amendment
Clause 18.(1) Section 26(1), from `of religion' to `religious denomination'-- 8
omit, insert-- 9
`of a religious denomination or society, or an accredited representative of 10
a religious denomination or society'. 11
(2) Section 26(1), `religious society or denomination'-- 12
omit, insert-- 13
`denomination or society'. 14
of s 32 (Dealing with submissions against suspensions) 15
Amendment
Clause 19. Section 32(2)(a)-- 16
omit, insert 17
`(a) as soon as possible tell the student and the principal-- 18
(i) about the supervisor's decision; and 19
(ii) if the supervisor's decision allows the student to return to 20
school earlier than if the principal's decision had been 21
affirmed--about when the student may return to school; 22
and'. 23
of s 36 (Exclusion of student) 24
Amendment
Clause 20. Section 36(5)(a), `promptly tell the student'-- 25
s 21 11 s 23
Education and Other Legislation Amendment
omit, insert-- 1
`as soon as possible tell the student and the principal'. 2
of s 38 (Dealing with submissions against exclusions) 3
Amendment
Clause 21. Section 38(2)(a)-- 4
omit, insert-- 5
`(a) as soon as possible tell the excluded person and the principal-- 6
(i) about the chief executive's decision; and 7
(ii) if the chief executive's decision allows the excluded person 8
to return to school earlier than if the supervisor's decision 9
had been affirmed--about when the excluded person may 10
return to school; and'. 11
of s 42 (Dealing with submissions against cancellations of 12
Amendment
enrolment) 13
Clause 22. Section 42(2)(a)-- 14
omit, insert-- 15
`(a) as soon as possible tell the person under the cancellation and the 16
principal-- 17
(i) about the supervisor's decision; and 18
(ii) if the supervisor's decision allows the person under the 19
cancellation to return to school earlier than if the principal's 20
decision had been affirmed--about when the person under 21
the cancellation may return to school; and'. 22
of s 46 (Time notices take effect) 23
Replacement
Clause 23. Section 46-- 24
omit, insert-- 25
decisions take effect 26
`When
`46.(1) Notice of a decision under this part about a student must be given 27
s 24 12 s 24
Education and Other Legislation Amendment
to the student under the section under which the decision is made. 1
`(2) A decision takes effect-- 2
(a) if the student must be told about the decision and, under the 3
decision, the student may return to school earlier than if the 4
decision was to affirm another decision--on the day the student is 5
told about the decision; or 6
(b) otherwise--on the day the student is given written notice of the 7
decision or a later day stated in the notice.'. 8
of s 54 (Membership of school councils) 9
Amendment
Clause 24.(1) Section 54(6)(b) and (c)-- 10
omit, insert-- 11
`(b) otherwise--by a secret ballot under the council's constitution.'. 12
(2) Section 54(7)-- 13
omit, insert-- 14
`(7) The elected staff members of a school's council must be elected by a 15
secret ballot, held under the council's constitution, of all the persons who 16
are-- 17
(a) employed by a department and assigned to the school; or 18
(b) otherwise employed full-time or part-time at the school.'. 19
(3) Section 54(11)-- 20
renumber as section 54(13). 21
(4) Section 54, after subsection (10)-- 22
insert-- 23
`(11) Subsection (12) applies if, at the time of closure of nominations for 24
an elected member under the constitution of the relevant association or 25
council, the number of nominations for elected members is not more than 26
the number required to be elected. 27
`(12) The person who, under the relevant constitution is responsible for 28
conducting the election for the elected members, must declare the person or 29
s 25 13 s 27
Education and Other Legislation Amendment
persons who are properly nominated under the constitution to have been 1
elected.'. 2
of s 122 (Calculation of allocation where student begins 3
Amendment
schooling at State educational institution) 4
Clause 25. Section 122(2)(d)-- 5
omit, insert-- 6
`(d) a person who, at any time before the end of semester 2 in 1997, 7
was enrolled in a State educational institution, other than a student 8
mentioned in paragraph (e); 9
(e) a student enrolled in a year level mentioned in column 1 of 10
section 123(3) at the end of semester 2 in 1997.'. 11
of s 123 (Calculation of allocation if s 122(1) does not 12
Amendment
apply) 13
Clause 26.(1) Section 123(2), `or (c)'-- 14
omit, insert-- 15
`, (c) or (d)'. 16
(2) Section 123(4)-- 17
omit, insert-- 18
`(4) However, if the principal of a State educational institution decides 19
that the application of subsection (3) to a student mentioned in 20
section 122(2)(e) is inappropriate, the principal must decide the student's 21
remaining allocation. 22
`(4A) The principal's decision that it is inappropriate for subsection (3) to 23
apply to the student is, for section 124(2), a decision about the student's 24
remaining allocation.'. 25
of s 125 (Annual notice about remaining allocation) 26
Amendment
Clause 27.(1) Section 125, heading-- 27
omit, insert-- 28
s 28 14 s 28
Education and Other Legislation Amendment
`Notice to certain students about remaining allocation'. 1
(2) Section 125(1)-- 2
omit, insert-- 3
`125.(1) This section applies to students-- 4
(a) who are enrolled in semester 2 in a calendar year in a State 5
educational institution; and 6
(b) whose remaining allocation will be 4, or less than 4, semesters at 7
the end of the calendar year.'. 8
of new ss 125A and 125B 9
Insertion
Clause 28. Part 8, division 2, after section 125-- 10
insert-- 11
notices about allocation 12
`Other
`125A.(1) This section applies to a student who-- 13
(a) is enrolled in a State educational institution for the first time; or 14
(b) is repeating, in a State educational institution, a year for which the 15
student has already been enrolled in a State educational institution. 16
`(2) The principal must give the student written information about the 17
allocation of State education under this part. 18
`(3) If the student to whom written notice must be given is under 18 19
years, the written information must be given also to-- 20
(a) if a parent has care and control of the student--the parent; or 21
(b) if another adult has care and control of the student--the adult. 22
`(4) For a person mentioned in subsection (1)(b), the notice must be 23
given before the student begins to repeat the year. 24
of notices under this part to be given to parent etc. 25
`Copy
`125B.(1) If a person is required, under this part, to give a notice to a 26
student and the student is under 18 years, the person must, as soon as 27
possible, give a copy of the notice to-- 28
s 29 15 s 30
Education and Other Legislation Amendment
(a) if a parent has care and control of the student--the parent; or 1
(b) if another adult has care and control of the student--the adult. 2
`(2) In deciding to whom a notice must be given under subsection (1), 3
the person required to give the notice may rely on the relevant State 4
educational institution's records about-- 5
(a) if a parent, or another adult, has care and control of the student; 6
and 7
(b) the current residential address of the parent or adult.'. 8
of new div 1 hdg 9
Insertion
Clause 29. Before section 153-- 10
insert-- 11
`Division 1--Transitional provisions before Education and Other 12
Legislation Amendment Act 1999'. 13
of s 158 (Application of part to continuing students) 14
Replacement
Clause 30. Section 158-- 15
omit, insert-- 16
2--Transitional provision for Education and Other 17
`Division
Legislation Amendment Act 1999 18
provision about existing elected members of school 19
`Transitional
councils 20
`158.(1) Subject to sections 56, 57 and 58,1 an existing elected member 21
continues to be a member until the end of the term for which the member 22
was elected. 23
`(2) In this section-- 24
1 Sections 56 (Terms of office for elected and appointed members),
57 (Ineligibility on conviction of indictable offence) and 58 (Appointment not
affected by other laws restricting employment)
s 31 16 s 32
Education and Other Legislation Amendment
"existing elected member" means a person who, immediately before the 1
commencement of this section, was an elected parent member or an 2
elected staff member.'. 3
ART 4--AMENDMENT OF EDUCATION 4
P
(OVERSEAS STUDENTS) ACT 1996 5
amended in pt 4 6
Act
Clause 31. This part amends the Education (Overseas Students) Act 1996. 7
of s 33 (Delegation) 8
Replacement
Clause 32. Section 33-- 9
omit, insert-- 10
11
`Delegation
`33.(1) The chief executive may delegate the chief executive's powers 12
under this Act to-- 13
(a) an appropriately qualified person; or 14
(b) a body whose members are appropriately qualified, including a 15
committee established by the chief executive under part 4, 16
division 5.2 17
`(2) In this section-- 18
"appropriately qualified" means having qualifications, experience or 19
standing appropriate to exercise the power. 20
21
Example of `standing'--
22
A person's classification level in the public service.'.
2 Part 4 (Miscellaneous), division 5 (Committees)
s 33 17 s 34
Education and Other Legislation Amendment
of pt 4, div 5 1
Renumbering
Clause 33. Part 4, division 5-- 2
renumber as part 4, division 6. 3
of new div 5 4
Insertion
Clause 34. After section 33-- 5
insert-- 6
`Division 5--Committees 7
executive may establish committees 8
`Chief
`33A.(1) As the chief executive considers appropriate, the chief executive 9
may establish committees to advise the chief executive or for another 10
purpose. 11
`(2) For each committee, the chief executive must state its functions and 12
terms of reference. 13
`(3) A committee must report to the chief executive as the chief executive 14
requires. 15
members 16
`Committee
`33B.(1) The chief executive may appoint persons to be members of each 17
committee as the chief executive considers appropriate. 18
`(2) However, the chief executive must appoint appropriately qualified 19
persons to be the members of a committee. 20
`(3) In this section-- 21
"appropriately qualified" includes having the qualifications or experience 22
appropriate to the functions and terms of reference of the committee. 23
chairperson 24
`Committee
`33C. The chief executive must appoint a member of a committee to be 25
the chairperson of the committee. 26
s 34 18 s 34
Education and Other Legislation Amendment
of interest 1
`Disclosure
`33D.(1) This section applies to a member of a committee (the 2
"interested member") if-- 3
(a) the interested member has a direct or indirect financial interest in 4
an issue being considered, or about to be considered, by the 5
committee; and 6
(b) the interest could conflict with the proper performance of the 7
person's duties about the consideration of the issue. 8
`(2) As soon as practicable after the relevant facts come to the interested 9
member's knowledge, the member must disclose the nature of the interest 10
to a meeting of the committee. 11
`(3) Unless the committee otherwise directs, the interested member must 12
not-- 13
(a) be present when the committee considers the issue; or 14
(b) take part in a decision of the committee about the issue. 15
`(4) The interested member must not be present when the committee is 16
considering whether to give a direction under subsection (3). 17
`(5) If there is another member who must, under subsection (2), also 18
disclose an interest in the issue, the other person must not-- 19
(a) be present when the committee is considering whether to give a 20
direction under subsection (3); or 21
(b) take part in making the decision about giving the direction. 22
`(6) Despite section 33I, the members present at a committee meeting for 23
considering or deciding an issue, or for considering or deciding whether to 24
give a direction under subsection (3), are a quorum of the committee for 25
considering or deciding the issue or giving the direction if-- 26
(a) an interested member or interested members are not present 27
because of this section; and 28
(b) there would be a quorum if the interested member or members 29
were present. 30
`(7) A disclosure under subsection (2) must be recorded in the 31
committee's minutes. 32
s 34 19 s 34
Education and Other Legislation Amendment
and expenses 1
`Fees
`33E.(1) A member of a committee, including the committee's 2
chairperson, is not entitled to receive a fee or allowance for attending 3
committee meetings or for conducting business for the committee. 4
`(2) However, the chief executive may approve payment for reasonable 5
expenses incurred in attending a committee meeting. 6
`(3) An approval under subsection (2) may apply generally or for a 7
particular case. 8
onduct of business 9
`C
`33F. Subject to this division, a committee may conduct its business in 10
the way it considers appropriate. 11
and places of meetings 12
`Times
`33G.(1) A committee may meet at the times and places the committee 13
decides. 14
`(2) Without limiting subsection (1), a committee may hold a meeting, or 15
allow a member to take part in a meeting, by telephone, video link or other 16
form of communication allowing reasonably contemporaneous and 17
continuous communication between the members taking part in the 18
meeting. 19
`(3) A member who takes part in a meeting by use of communication 20
mentioned in subsection (2) is taken to be present at the meeting. 21
at meetings 22
`Presiding
`33H.(1) The chairperson of a committee must preside at all meetings of 23
the committee if the chairperson is present. 24
`(2) If the chairperson is not present at a meeting, a committee member 25
chosen by the members present at the meeting must preside. 26
s 35 20 s 36
Education and Other Legislation Amendment
uorum 1
`Q
`33I. A quorum for a committee is the number equal to two-thirds of the 2
number of its members or, if two-thirds is not a whole number, the next 3
highest whole number. 4
5
`Voting
`33J.(1) A committee must perform its functions or, if powers are 6
delegated to the committee, exercise the powers by a majority vote of the 7
members present at a properly constituted meeting. 8
`(2) The person presiding at a meeting has a deliberative vote and, if the 9
votes on a question are equal, also has a casting vote. 10
`(3) A member who abstains from voting is taken to have voted for the 11
negative. 12
attendance by proxy 13
`No
`33K. A member of a committee may not attend a committee meeting by 14
proxy.'. 15
PART 5--AMENDMENT OF EDUCATION (SCHOOL 16
CURRICULUM P10) ACT 1996 17
amended in pt 5 18
Act
Clause 35. This part amends the Education (School Curriculum P-10) Act 1996. 19
of s 27 (Attendance by appointed member's proxy or 20
Amendment
chief executive's nominee) 21
Clause 36.(1) Section 27, heading-- 22
omit, insert-- 23
`Attendance by proxy'. 24
s 37 21 s 37
Education and Other Legislation Amendment
(2) Section 27(4)-- 1
omit. 2
(3) Section 27(3)-- 3
renumber as section 27(4). 4
(4) Section 27-- 5
insert-- 6
`(3) Also, the chief executive's nominee may attend a council meeting by 7
proxy.'. 8
of new pt 2, div 6A 9
Insertion
Clause 37. After section 32-- 10
insert-- 11
6A--Chief executive's nominee 12
`Division
executive may appoint nominee 13
`Chief
`32A.(1) The chief executive may, in writing, appoint a person (the 14
"chief executive's nominee") to attend council meetings or executive 15
committee meetings for the chief executive during any period, or during all 16
periods, when the chief executive can not attend for any reason. 17
`(2) When appointing a person to attend council meetings or executive 18
committee meetings, the chief executive must, if practicable, appoint a 19
person who has previously attended the meetings as the chief executive's 20
nominee. 21
`(3) The chief executive's nominee must be an appropriately qualified 22
public service officer employed in the department. 23
`(4) The chief executive must give the chairperson of the council written 24
notice of-- 25
(a) the appointment of a person under subsection (1); and 26
(b) if the instrument of appointment of the person is amended or 27
repealed--the amendment or repeal. 28
`(5) In this section-- 29
s 38 22 s 40
Education and Other Legislation Amendment
"appropriately qualified" means having qualifications, experience or 1
standing appropriate to exercise the power. 2
3
Example of `standing'--
4
A person's classification level in the public service.'.
of sch 3 (Dictionary) 5
Amendment
Clause 38. Schedule 3-- 6
insert-- 7
` "chief executive's nominee" see section 32A(1).'. 8
ART 6--AMENDMENT OF EDUCATION 9
P
(TERTIARY ENTRANCE PROCEDURES 10
AUTHORITY) ACT 1990 11
amended in pt 6 12
Act
Clause 39. This part amends the Education (Tertiary Entrance Procedures 13
Authority) Act 1990. 14
of s 19 (Quorum and business of the authority) 15
Amendment
Clause 40. Section 19(1)-- 16
omit, insert-- 17
`19.(1) A quorum for the authority is the number equal to one-half of the 18
number of its members or, if one-half is not a whole number, the next 19
highest whole number.'. 20
s 41 23 s 44
Education and Other Legislation Amendment
PART 7--AMENDMENT OF JAMES COOK 1
UNIVERSITY ACT 1997 2
amended in pt 7 3
Act
Clause 41. This part amends the James Cook University Act 1997. 4
of s 5 (Functions of university) 5
Amendment
Clause 42. Section 5-- 6
insert-- 7
`(ea)to disseminate knowledge and promote scholarship; and 8
(eb) to provide facilities and resources for the wellbeing of the 9
university's staff, students and other persons undertaking courses 10
at the university; and'. 11
of s 57 (Making of university statutes) 12
Amendment
Clause 43.(1) Section 57(2)(a) and (b)-- 13
omit, insert-- 14
`(a) the admission and enrolment of students; 15
(aa) the entitlement to degrees and other awards; 16
(b) the disciplining of students and other persons taking courses at the 17
university;'. 18
(2) Section 57(3)(a), `discipline of students'-- 19
omit, insert-- 20
`disciplining of persons mentioned in subsection (2)(b)'. 21
of sch 2 (Dictionary) 22
Amendment
Clause 44. Schedule 2, definition "academic staff", paragraph (a), `; or'-- 23
omit, insert-- 24
`other than research assistants; and'. 25
s 45 24 s 46
Education and Other Legislation Amendment
PART 8--AMENDMENT OF PUBLIC SECTOR 1
ETHICS ACT 1994 2
amended in pt 8 3
Act
Clause 45. This part amends the Public Sector Ethics Act 1994. 4
of s 2 (Definitions) 5
Amendment
Clause 46. Section 2, definition "State educational institution"-- 6
omit. 7
© State of Queensland 1999
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