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Queensland
EDUCATION (SCHOOL
CURRICULUM P-10) BILL
1996
Queensland
EDUCATION (SCHOOL CURRICULUM
P-10) BILL 1996
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
4 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
PART 2--QUEENSLAND SCHOOL CURRICULUM COUNCIL
(P-10)
Division 1--Establishment, functions and powers
5 Establishment of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
6 Council's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
7 Council's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
8 Dealings with the council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
9 By-law making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 2--Strategic plan, syllabuses and tests
10 Responsibility for strategic plan for P-12 syllabuses and revisions . . . . . . . 10
11 Minister to consider strategic plan and notify chairpersons . . . . . . . . . . . . . 11
12 Approved syllabuses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
13 Regulation may require council to develop tests . . . . . . . . . . . . . . . . . . . . . 12
Division 3--Powers of Minister
14 Reference of curriculum matters to council . . . . . . . . . . . . . . . . . . . . . . . . . 12
15 Minister's power to give directions in the public interest . . . . . . . . . . . . . . 13
Division 4--Membership
16 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2
Education (School Curriculum P-10)
17 Appointment not affected by other laws restricting employment . . . . . . . . 15
18 Members' term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
19 Disqualification on conviction of indictable offence . . . . . . . . . . . . . . . . . . 16
20 Filling vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
21 Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
22 Remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
23 Disclosure of interests by members of council, members of
committees and director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 5--Council business
24 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
25 Time and place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
26 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
27 Attendance by appointed member's proxy or chief executive's nominee . . 20
28 Attendance of director at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 6--Committees
29 Executive committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
30 Syllabus advisory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
31 Other committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
32 Remuneration and other matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 7--Administrative provisions
33 Application of financial legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
34 Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
35 Compliance with budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
PART 3--OFFICE OF THE QUEENSLAND SCHOOL
CURRICULUM COUNCIL
36 Office of the Queensland School Curriculum Council . . . . . . . . . . . . . . . . . 23
37 Office's function and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
38 Director and staff of the office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
39 Control of the office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
PART 4--MISCELLANEOUS
40 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
41 Administrative support for council and office . . . . . . . . . . . . . . . . . . . . . . . . 24
42 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
3
Education (School Curriculum P-10)
PART 5--TRANSITIONAL
Division 1--Preliminary
43 Definitions for pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 2--Council
44 Dissolution of former council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
45 Agreements and pending legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . 26
46 Assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 3--Office
47 Dissolution of former office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
48 Staff of the office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
49 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 4--Syllabuses
50 Syllabuses previously approved or maintained . . . . . . . . . . . . . . . . . . . . . . . 27
Division 5--Expiry
51 Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
PART 6--AMENDMENTS
52 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 29
CURRENT APPROVED SYLLABUSES
1 Primary syllabuses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
2 Secondary syllabuses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
3 Secondary syllabuses--maintained by Board of Senior Secondary
School Studies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 32
AMENDMENTS
CENTRAL QUEENSLAND UNIVERSITY ACT 1989 . . . . . . . . . . . . . . . . 32
EDUCATION (GENERAL PROVISIONS) ACT 1989 . . . . . . . . . . . . . . . . . 33
EDUCATION LEGISLATION AMENDMENT ACT 1995 . . . . . . . . . . . . . . 34
EDUCATION (SENIOR SECONDARY SCHOOL STUDIES)
ACT 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
EDUCATION (TEACHER REGISTRATION) ACT 1988 . . . . . . . . . . . . . . 50
EDUCATION (TERTIARY ENTRANCE PROCEDURES
AUTHORITY) ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
4
Education (School Curriculum P-10)
EDUCATION (WORK EXPERIENCE) ACT 1996 . . . . . . . . . . . . . . . . . . . 67
GRAMMAR SCHOOLS ACT 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
GRIFFITH UNIVERSITY ACT 1971 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
HIGHER EDUCATION (GENERAL PROVISIONS) ACT 1993 . . . . . . . . . 68
JAMES COOK UNIVERSITY OF NORTH QUEENSLAND ACT 1970 . . 69
QUEENSLAND UNIVERSITY OF TECHNOLOGY ACT 1988 . . . . . . . . . 70
SUNSHINE COAST UNIVERSITY COLLEGE ACT 1994 . . . . . . . . . . . . . 70
UNIVERSITY OF QUEENSLAND ACT 1965 . . . . . . . . . . . . . . . . . . . . . . . 71
UNIVERSITY OF SOUTHERN QUEENSLAND ACT 1989 . . . . . . . . . . . . 72
VOCATIONAL EDUCATION, TRAINING AND EMPLOYMENT
ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 76
DICTIONARY
1996
A BILL
FOR
An Act to establish a council with functions about guidelines for the
preschool year and syllabuses for years 1 to 10 and related matters,
and for other purposes
s1 6 s2
Education (School Curriculum P-10)
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the Education (School Curriculum P-10) Act 4
1996. 5
6
Commencement
2.(1) Part 6 and schedule 2, so far as the part and schedule relate to the 7
following Acts commence on the date of assent-- 8
· Central Queensland University Act 1989 9
· Education Legislation Amendment Act 1995 10
· Education (Work Experience) Act 1996 11
· Grammar Schools Act 1975 12
· Griffith University Act 1971 13
· Higher Education (General Provisions) Act 1993 14
· James Cook University of North Queensland Act 1970 15
· Queensland University of Technology Act 1988 16
· Sunshine Coast University College Act 1994 17
· University of Queensland Act 1965 18
· University of Southern Queensland Act 1989 19
· Vocational Education, Training and Employment Act 1991. 20
(2) The remaining provisions of this Act commence on a day to be fixed 21
by proclamation. 22
s3 7 s4
Education (School Curriculum P-10)
urpose 1
P
3.(1) The main purpose of this Act is to provide for the development of 2
high quality curricula for Queensland schools. 3
(2) The purpose is to be achieved by-- 4
(a) establishing the Queensland School Curriculum Council (P-10); 5
and 6
(b) giving the council functions relating to-- 7
(i) the development of P-10 syllabuses; and 8
(ii) initial in-service materials and source books for years 1 to 9
10; and 10
(iii) strategic planning with the board for the development of 11
P-12 syllabuses;1 and 12
(iv) other curriculum matters; and 13
(c) establishing the Office of the Queensland School Curriculum 14
Council to assist the council. 15
16
Dictionary
4.(1) The dictionary in schedule 3 defines particular words used in this 17
Act.2 18
1 The Board of Senior Secondary School Studies has functions relating to
curriculum for years 11 and 12. See the Education (Senior Secondary School
Studies) Act 1988, section 6.
2 In some Acts, definitions are contained in a dictionary that appears as the last
schedule and forms part of the Act--Acts Interpretation Act 1954, section 14(4).
s5 8 s6
Education (School Curriculum P-10)
(2) Definitions found elsewhere in the Act are signposted3 in the 1
dictionary.4 2
ART 2--QUEENSLAND SCHOOL CURRICULUM 3
P
COUNCIL (P-10) 4
1--Establishment, functions and powers 5
Division
of council 6
Establishment
5. The Queensland School Curriculum Council (P-10) is established. 7
functions 8
Council's
6.(1) The council's main functions are as follows-- 9
(a) to develop P-10 syllabuses;5 10
(b) to develop initial in-service materials and source books for years 11
1 to 10; 12
(c) to advise the Minister on the development of P-10 syllabuses; 13
(d) with the board6-- 14
(i) to develop and, from time to time, revise a strategic plan for 15
3 Words defined elsewhere in the Act are generally signposted by entries in the
dictionary. However, if a section has a definition applying only to the section, or
a part of the section, it is generally not signposted by an entry in the dictionary
and is generally set out in the last subsection of the section.
4 The signpost definitions in the dictionary alert the reader to the terms defined
elsewhere in the Act and tell the reader where the definitions can be found. For
example, the definition ` "appointed members" see section 16.' tells the reader
there is a definition of appointed members in section 16.
5 See section 12 (Approved syllabuses).
6 The "board" as defined in the dictionary, is the Board of Senior Secondary
School Studies.
s7 9 s7
Education (School Curriculum P-10)
the development of P-12 syllabuses; and 1
(ii) to recommend the strategic plan to the Minister; 2
(e) for tests required under a regulation7-- 3
(i) to develop the tests; and 4
(ii) to collect and analyse systemic information about the 5
performance of students in the approved tests and report the 6
results of the analyses to the Minister. 7
(2) The council also has the following functions-- 8
(a) to hold at least 2 forums each year to ensure distance education, 9
early childhood education, industry, open learning and other 10
relevant issues are taken into account in developing 11
P-10 syllabuses; 12
(b) to undertake research or review projects about developing 13
P-10 syllabuses; 14
(c) to examine and review matters referred to it under section 14.8 15
powers 16
Council's
7.(1) The council has power to do anything necessary or convenient in 17
relation to its functions. 18
(2) Without limiting subsection (1), the council has the powers given to it 19
under this or another Act and, in particular, has power to-- 20
(a) enter into contracts; and 21
(b) appoint agents and attorneys; and 22
(c) engage consultants; and 23
(d) produce materials in performing its functions; and 24
(e) charge for advertising in the materials; and 25
(f) sell the materials or enter into an agreement with someone else to 26
sell the materials. 27
7 See section 13 (Regulation may require council to develop tests).
8 Section 14 (Reference of curriculum matters to council)
s8 10 s 10
Education (School Curriculum P-10)
(3) However, the council must not enter into an agreement about real 1
property, including, for example, leasing premises for its accommodation, 2
unless the Minister has approved the council entering into the agreement. 3
with the council 4
Dealings
8.(1) The council may execute an agreement or other document by 5
having the chairperson, or another person authorised in writing by the 6
council for the purpose, sign the document on its behalf. 7
(2) The council may sue and be sued under its name. 8
making power 9
By-law
9.(1) The council may make by-laws about matters relating to its 10
functions and powers. 11
(2) Without limiting subsection (1), a by-law may be made about-- 12
(a) developing P-10 syllabuses; and 13
(b) developing initial in-service materials and source books for years 14
1 to 10; and 15
(c) developing tests; and 16
(d) the way in which approved tests are to be administered, and 17
systemic information is to be given to the council about the 18
performance of students in the tests. 19
(3) A by-law has no effect until approved by the Governor in Council. 20
2--Strategic plan, syllabuses and tests 21
Division
for strategic plan for P-12 syllabuses and revisions 22
Responsibility
10.(1) This section applies in relation to the council's function, with the 23
board-- 24
(a) to develop and, from time to time, revise a strategic plan for the 25
development of P-12 syllabuses; and 26
(b) to recommend the strategic plan to the Minister. 27
s 11 11 s 12
Education (School Curriculum P-10)
(2) The chairperson of the council must take primary responsibility for 1
the process by which the council and the board must work together in 2
developing the strategic plan, and revising it from time to time. 3
(3) However, the chairperson of the council must consult with the 4
chairperson of the board about the way in which the council and the board 5
are to work together, including, for example, calling and chairing meetings 6
and establishing committees. 7
(4) The recommendation to the Minister about the strategic plan, or 8
subsequent revisions, must be signed by both chairpersons. 9
(5) A revision may take the form of developing a further plan. 10
to consider strategic plan and notify chairpersons 11
Minister
11.(1) The Minister must consider a strategic plan, or a revision, 12
recommended under section 10(4) and notify the chairperson of the council 13
and chairperson of the board that-- 14
(a) the strategic plan or revision is approved with or without changes; 15
or 16
(b) the strategic plan or revision requires further development, 17
including the particular areas for development. 18
(2) The council has not discharged its functions about developing a 19
strategic plan or a revision until the Minister has given notice to the council 20
that the plan or revision is approved. 21
syllabuses 22
Approved
12.(1) The council must perform its function to develop P-10 syllabuses 23
in accordance with the strategic plan as approved by the Minister. 24
(2) When the council develops a guideline for the preschool year, or a 25
syllabus for a subject for a year from 1 to 10, the council must give written 26
notice to the chief executive about the approved syllabus. 27
(3) The chief executive must fully consider the implementation of the 28
approved syllabus and develop a plan (the "implementation plan") to 29
effectively and efficiently implement the approved syllabus into State 30
educational institutions providing education for the subject in the year to 31
s 13 12 s 14
Education (School Curriculum P-10)
which the approved syllabus relates, including, for example, the timing for 1
the implementation. 2
(4) The chief executive must ensure each State educational institution 3
providing education for the subject in the year to which the approved 4
syllabus relates complies with the implementation plan. 5
may require council to develop tests 6
Regulation
13.(1) A regulation may require the council to develop tests for the 7
assessment of particular skills or knowledge of students in a particular year. 8
9
Example of a test--
10
A test to assess the literacy skills of students in year 6.
(2) When the council develops a test (an "approved test") under the 11
regulation, it must give written notice about the approved test to the chief 12
executive. 13
(3) The chief executive must-- 14
(a) ensure the approved test is administered by each State educational 15
institution providing education to students in the year to which the 16
test relates; and 17
(b) give to the council the systemic information it requires about the 18
performance of students in the test. 19
(4) If a school, other than a State educational institution, administers an 20
approved test, the entity employing the school's teaching staff must give the 21
council the systemic information it requires about the performance of 22
students in the test. 23
Division 3--Powers of Minister 24
of curriculum matters to council 25
Reference
14. If the Minister considers there is a matter about curriculums for the 26
preschool year or years 1 to 10 that the council should examine and review, 27
the Minister may, by written notice, refer the matter to the council for its 28
examination and review. 29
s 15 13 s 16
Education (School Curriculum P-10)
power to give directions in the public interest 1
Minister's
15.(1) The Minister may give the council a written direction if the 2
Minister is satisfied it is necessary to give the direction in the public interest. 3
(2) Without limiting subsection (1), a direction may be that the council 4
must comply with-- 5
(a) a policy, standard or other instrument of a public sector unit; or 6
(b) another document, including, for example, another policy, 7
standard or instrument. 8
(3) The council must comply with the direction. 9
(4) In the council's annual report for a financial year, under the Financial 10
Administration and Audit Act 1977, the council must include copies of all 11
directions given to it during the financial year. 12
Division 4--Membership 13
of council 14
Membership
16.(1) The council consists of the following members-- 15
(a) the chief executive; 16
(b) the persons appointed under subsection (2) (the "appointed 17
members"). 18
(2) The Governor in Council must appoint the following persons as 19
members of the council-- 20
(a) 2 persons nominated by the Minister, 1 of whom is to be 21
appointed as chairperson; 22
(b) 2 public service officers employed in the department and 23
nominated by the chief executive; 24
(c) 1 person nominated by the Queensland Catholic Education 25
Commission; 26
(d) 1 person nominated by the Association of Independent Schools 27
of Queensland Inc.; 28
(e) 1 person nominated by the Board of Senior Secondary School 29
s 16 14 s 16
Education (School Curriculum P-10)
Studies; 1
(f) 2 practising teachers, of whom-- 2
(i) 1 is to be nominated by the Queensland Teachers' Union; 3
and 4
(ii) 1 is to be nominated by the Queensland Association of 5
Teachers in Independent Schools; 6
(g) 1 member of the Vocational Education, Training and 7
Employment Commission nominated by the Vocational 8
Education Minister; 9
(h) 3 persons who, at the time of appointment, are parents of students 10
currently attending a year from preschool to year 10 at a State 11
educational institution or other school in Queensland, of whom-- 12
(i) 1 is to be nominated by the Queensland Council of Parents 13
and Citizens' Associations Incorporated; and 14
(ii) 1 is to be nominated by the Federation of Parents and 15
Friends Associations Queensland; and 16
(iii) 1 is to be nominated by the Independent Parents and Friends 17
Council of Queensland; 18
(i) 1 person nominated by the Higher Education Forum. 19
(3) The Minister must, by written notice to each of the nominating 20
entities, ask each entity to nominate a person who is, for the entity, an 21
eligible person for appointment to the council. 22
(4) If a nominating entity does not, within the time stated in the notice, 23
nominate a person who is, for the entity, an eligible person-- 24
(a) the Minister may nominate someone who is, for the entity, an 25
eligible person; and 26
(b) the person nominated by the Minister is taken to have been 27
nominated by the entity that failed to nominate within the time 28
stated in the notice. 29
(5) The council may appoint a member to be deputy chairperson of the 30
council for the term, not longer than his or her term of office as a member, 31
s 17 15 s 18
Education (School Curriculum P-10)
decided by the council. 1
(6) The director may not be appointed as a member. 2
not affected by other laws restricting employment 3
Appointment
17. If another Act prohibits or regulates a person's employment, or other 4
engagement in activities, outside of a stated office or position, the Act does 5
not prevent the person from-- 6
(a) being appointed to the council or a committee; or 7
(b) carrying out the person's functions as a member of the council or 8
a committee; or 9
(c) being paid a fee or allowance to which the person is entitled 10
because of the appointment. 11
term of office 12
Members'
18.(1) The member appointed as the chairperson of the council holds 13
office for the term, not longer than 4 years, stated in the member's 14
appointment. 15
(2) Each other appointed member holds office for the term, not longer 16
than 3 years, stated in the member's appointment. 17
(3) The office of an appointed member becomes vacant if the member-- 18
(a) dies; or 19
(b) resigns by signed notice-- 20
(i) for the chairperson--given to the Minister; or 21
(ii) for another member--given to the chairperson; or 22
(c) is absent from 3 consecutive meetings of the council, of which 23
the member has been given notice as prescribed under a 24
regulation, without the council's leave and without reasonable 25
excuse; or 26
(d) is convicted of an indictable offence; or 27
(e) stops being an eligible person for the entity that nominated the 28
person. 29
s 19 16 s 20
Education (School Curriculum P-10)
on conviction of indictable offence 1
Disqualification
19.(1) A person may not be appointed as a member if the person has 2
been convicted of an indictable offence. 3
(2) However, despite subsection (1) and section 18(3)(d), if the Minister 4
considers it would be reasonable, having regard to the circumstances of the 5
indictable offence of which a person has been convicted, the Minister 6
may-- 7
(a) if the person was a member when convicted--give written notice 8
to the chairperson and the person that the person is restored as a 9
member, and may be subsequently reappointed, despite the 10
conviction; or 11
(b) otherwise--give written approval for the person to be appointed 12
as a member despite the conviction. 13
(3) On the day the chairperson receives a notice under 14
subsection (2)(a)-- 15
(a) the person is restored as a member; and 16
(b) if another person has been appointed to fill the vacancy, the other 17
person's appointment ends. 18
(4) If a person is restored as a member under subsection (3), the 19
person's term of office as a member ends at the time it would have ended if 20
the person had not been convicted of the offence. 21
vacancies 22
Filling
20.(1) This section applies if there is a vacancy in the office of an 23
appointed member (the "previous member"). 24
(2) If the previous member was a member mentioned in section 16(2)(b) 25
to (i), the Minister must, by written notice to the nominating entity of the 26
previous member, ask the entity to nominate a person who is, for the entity, 27
an eligible person for appointment to the vacancy. 28
(3) If the nominating entity does not, within the time stated in the notice, 29
nominate a person who is, for the entity, an eligible person-- 30
(a) the Minister may nominate someone who is, for the entity, an 31
eligible person; and 32
s 21 17 s 21
Education (School Curriculum P-10)
(b) the person nominated by the Minister is taken to have been 1
nominated by the entity. 2
(4) The Governor in Council's appointment of a person to fill the 3
vacancy may only be made after the person's nomination by the nominating 4
entity or the Minister.9 5
(5) The term of the appointment must end not later than the end of the 6
previous member's term. 7
of absence 8
Leave
21.(1) The Minister may approve a leave of absence for an appointed 9
member (the "approved absent member"). 10
(2) The Minister may appoint someone else to act in the office of the 11
approved absent member while the member is absent on the approved 12
leave. 13
(3) The person appointed to act in the office of the approved absent 14
member need not be an eligible person for the nominating entity for which 15
the approved absent member is an eligible person. 16
(4) However, the Minister must have regard to the council's membership 17
requirements under section 16 when appointing someone to act in the office 18
of the approved absent member. 19
(5) A person is taken to be an appointed member during the term of the 20
person's appointment to act in the office of an approved absent member. 21
(6) The Minister's power to appoint a person to act in the office of an 22
approved absent member does not limit the Governor in Council's powers 23
as stated in the Acts Interpretation Act 1954, section 25(1)(b)(v).10 24
9 Under the Acts Interpretation Act 1954, section 25(1)(b), the Governor in
Council's power to appoint a member includes a power to appoint someone else
if the member's office becomes vacant.
10 Acts Interpretation Act 1954, section 25(1)(b)(v), (Powers of appointment imply
certain incidental powers)
s 22 18 s 23
Education (School Curriculum P-10)
1
Remuneration
22. Each member of the council is entitled to be paid the fees and 2
allowances that may be decided by the Governor in Council. 3
of interests by members of council, members of committees 4
Disclosure
and director 5
23.(1) This section applies to a member of the council, a member of a 6
committee or the director (the "interested person") if-- 7
(a) the interested person has a direct or indirect financial interest in an 8
issue being considered, or about to be considered, by the council 9
or the committee; and 10
(b) the interest could conflict with the proper performance of the 11
person's duties about the consideration of the issue. 12
(2) As soon as practicable after the relevant facts come to the interested 13
person's knowledge, the person must disclose the nature of the interest to a 14
meeting of the council or the committee. 15
(3) Unless the council or committee otherwise directs, the interested 16
person must not-- 17
(a) be present when the council or committee considers the issue; or 18
(b) take part in a decision of the council or committee about the issue. 19
(4) The interested person must not be present when the council or 20
committee is considering whether to give a direction under subsection (3). 21
(5) If there is another person who must, under subsection (2), also 22
disclose an interest in the issue, the other person must not-- 23
(a) be present when the council or committee is considering whether 24
to give a direction under subsection (3); or 25
(b) take part in making the decision about giving the direction. 26
(6) If, because of this section, a member of the council or a committee is 27
not present at a council or committee meeting for considering or deciding an 28
issue, or for considering or deciding whether to give a direction under 29
subsection (3), but there would be a quorum if the member were present, 30
the remaining members present are a quorum of the council or committee 31
for considering or deciding the issue at the meeting. 32
s 24 19 s 26
Education (School Curriculum P-10)
(7) A disclosure under subsection (2) must be recorded in the council's 1
or committee's minutes. 2
Division 5--Council business 3
onduct of business 4
C
24.(1) The council may conduct its business, including its meetings, in 5
the way it considers appropriate. 6
(2) However, the council may only make decisions about how it will 7
carry out its functions or exercise its powers if it does so at a council 8
meeting at which a quorum is present. 9
(3) This section is subject to this Act, including, for example, 10
section 26(9).11 11
and place of meetings 12
Time
25.(1) Council meetings are to be held at the times and places it decides. 13
(2) However, the council must meet at least 6 times a year. 14
(3) The chairperson-- 15
(a) may call a meeting at any time; and 16
(b) must call a meeting if asked, in writing, to do so by at least two- 17
thirds of the members or the Minister. 18
of meetings 19
Conduct
26.(1) The chairperson of the council is to preside at all council meetings 20
at which the chairperson is present. 21
(2) If the chairperson is absent, the deputy chairperson of the council is to 22
preside. 23
(3) If the chairperson and deputy chairperson are absent, another member 24
chosen by the members present is to preside. 25
11 Section 26 (Conduct of meetings)
s 27 20 s 27
Education (School Curriculum P-10)
(4) A question at a meeting is decided by a majority of the votes of the 1
members present. 2
(5) Each member present at the meeting has a vote on each question to 3
be decided and, if the votes are equal, the member presiding has a casting 4
vote. 5
(6) A member present at the meeting who abstains from voting is taken 6
to have voted for the negative. 7
(7) The council may hold meetings, or permit members to take part in 8
meetings, by telephone, closed circuit television or another form of 9
communication. 10
(8) A member who takes part in a meeting under a permission under 11
subsection (7) is taken to be present at the meeting. 12
(9) A resolution is validly made by the council, even if it is not passed at 13
a council meeting, if-- 14
(a) at least half the members give written agreement to the resolution; 15
and 16
(b) notice of the resolution is given under procedures approved by the 17
council. 18
by appointed member's proxy or chief executive's 19
Attendance
nominee 20
27.(1) An appointed member may attend a council meeting by proxy. 21
(2) However, the appointed member may not-- 22
(a) appoint a member of the office's staff as the proxyholder; or 23
(b) attend more than 2 meetings each year by proxy. 24
(3) A member is not entitled to preside at a meeting merely because the 25
member is the proxyholder for another member who, if present, would be 26
entitled to preside. 27
(4) The chief executive may, by written notice to the chairperson, 28
nominate a public service officer employed in the department to attend a 29
meeting or meetings for the chief executive. 30
(5) In subsection (2)(b)-- 31
s 28 21 s 30
Education (School Curriculum P-10)
"year" means a period of 12 months starting on the first day of the term of 1
office of the member concerned or an anniversary of that day. 2
of director at meetings 3
Attendance
28.(1) The director may attend council meetings. 4
(2) The director may speak at a meeting but is not entitled to vote. 5
6--Committees 6
Division
committee 7
Executive
29.(1) There is an executive committee of the council. 8
(2) The members of the executive committee are as follows-- 9
(a) the chairperson of the council; 10
(b) the chief executive; 11
(c) the appointed members mentioned in section 16(2)(c), (d) and 12
(e). 13
(3) The executive committee must perform functions referred to the 14
committee by the council and report to the council as it requires. 15
advisory committees 16
Syllabus
30.(1) To the extent the council considers it necessary or convenient for 17
effectively and efficiently performing its functions in relation to P-10 18
syllabuses, the council may establish syllabus advisory committees. 19
(2) The council may appoint persons to be members of the syllabus 20
advisory committees, subject to any requirements prescribed under a 21
regulation. 22
(3) The function of a syllabus advisory committee is to make 23
recommendations to the council about-- 24
(a) particular subjects for which it is established; and 25
(b) any other matters referred to it by the council. 26
s 31 22 s 34
Education (School Curriculum P-10)
committees 1
Other
31.(1) The council may establish other committees for effectively and 2
efficiently performing its functions. 3
(2) The council may appoint persons to be members of the committees. 4
(3) The function of each other committee is to make recommendations to 5
the council about matters referred by the council to the committee. 6
and other matters 7
Remuneration
32.(1) Each member of a committee is entitled to be paid the fees and 8
allowances that may be decided by the Governor in Council. 9
(2) The council may decide matters about a committee that are not 10
provided for under this Act, including, for example, the way a committee 11
must conduct meetings. 12
7--Administrative provisions 13
Division
of financial legislation 14
Application
33. The council is a statutory body under the following Acts-- 15
· Financial Administration and Audit Act 1977 16
· Statutory Bodies Financial Arrangements Act 1982. 17
18
Budget
34.(1) For each financial year, the council must develop, adopt and 19
submit to the Minister a budget not later than the day the Minister directs. 20
(2) A budget has no effect until approved by the Minister. 21
(3) During a financial year the council may develop, adopt and submit to 22
the Minister amendments to its budget. 23
(4) An amendment has no effect until approved by the Minister. 24
s 35 23 s 39
Education (School Curriculum P-10)
with budget 1
Compliance
35.(1) The council must comply with its budget. 2
(2) If the council makes a disbursement in a financial year that is not 3
provided for in its budget for the financial year, the members who 4
knowingly agreed to the disbursement are jointly and severally liable to 5
repay the amount of the disbursement to the council. 6
(3) The amount may be recovered in a court of competent jurisdiction, as 7
a debt payable to the council, by a person appointed in writing by the 8
Minister for the purpose. 9
PART 3--OFFICE OF THE QUEENSLAND SCHOOL 10
CURRICULUM COUNCIL 11
of the Queensland School Curriculum Council 12
Office
36. The Office of the Queensland School Curriculum Council is 13
established. 14
function and powers 15
Office's
37.(1) The office's function is to assist the council. 16
(2) The office has power to do anything necessary or convenient in 17
relation to its function. 18
and staff of the office 19
Director
38.(1) The office consists of the director and other staff of the office. 20
(2) The director and other staff are to be appointed under the Public 21
Service Act 1996. 22
of the office 23
Control
39.(1) The director is to control the office. 24
s 40 24 s 41
Education (School Curriculum P-10)
(2) The director has all the functions and powers of the chief executive of 1
a department, so far as the functions and powers relate to the organisational 2
unit comprising the staff of the office, as if-- 3
(a) the unit were a department within the meaning of the Public 4
Service Act 1996; and 5
(b) the director were the chief executive of the department. 6
ART 4--MISCELLANEOUS 7
P
8
Delegations
40.(1) The Minister may delegate the Minister's powers under this Act, 9
other than under section 15,12 to an appropriately qualified person. 10
(2) In this section-- 11
"appropriately qualified person" means a person with the qualifications, 12
experience or standing appropriate to exercise the power. 13
14
Example of standing--
15
A person's classification level in the public service.
support for council and office 16
Administrative
41.(1) The council may make arrangements for administrative support 17
services for the council and the office. 18
(2) If the council makes arrangements with the chief executive for the 19
department to provide 1 or more services for the council or the office, the 20
arrangement must include a provision about the council paying the 21
department a reasonable amount for the service. 22
12 Section 15 (Minister's power to give directions in the public interest)
s 42 25 s 43
Education (School Curriculum P-10)
power 1
Regulation-making
42.(1) The Governor in Council may make regulations under this Act. 2
(2) A regulation may make provision about any of the following 3
matters-- 4
(a) the way the council carries out its functions or exercises its 5
powers; 6
(b) council meetings, including-- 7
(i) notice of meetings; and 8
(ii) the number of members required to constitute a quorum; 9
and 10
(iii) meeting procedures; 11
(c) committees including, for example, the membership of syllabus 12
advisory committees; 13
(d) financial matters, including the council's budget and its keeping 14
of an account with a financial institution. 15
ART 5--TRANSITIONAL 16
P
1--Preliminary 17
Division
for pt 5 18
Definitions
43. In this part-- 19
"commencement day" means the day this part commences. 20
"former council" means the Queensland Curriculum Council established 21
under the Education (General Provisions) Act 1989, part 6A, as in 22
force immediately before the commencement day. 23
"former office" means the Queensland School Curriculum Office 24
established, under the Public Service Management (Creation of Part of 25
s 44 26 s 46
Education (School Curriculum P-10)
Department) Order (No. 1) 1995,13 as a part of the department. 1
"new council" means the council. 2
"new office" means the office. 3
"transferring officer" means a person who, immediately before the 4
commencement day, was a public service officer within the former 5
office. 6
Division 2--Council 7
of former council 8
Dissolution
44. The former council is dissolved and its members go out of office. 9
and pending legal proceedings 10
Agreements
45.(1) An agreement or arrangement in force immediately before the 11
commencement day, between the former council and another entity, is taken 12
to be an agreement or arrangement between the new council and the entity. 13
(2) A legal proceeding started, but not finally disposed of, before the 14
commencement day, by or against the former council, may be continued 15
and finished by or against the new council. 16
(3) In this section, a reference to the former council includes a reference 17
to another entity acting for the former council. 18
and liabilities 19
Assets
46. On the commencement day, an asset or liability of the former council 20
immediately before the commencement day becomes an asset or liability of 21
the new council. 22
13 The order was published in the gazette on 31 March 1995 at page 1439.
s 47 27 s 50
Education (School Curriculum P-10)
3--Office 1
Division
of former office 2
Dissolution
47. The former office is dissolved. 3
of the office 4
Staff
48.(1) Each transferring officer is a public service officer within the new 5
office. 6
(2) Each transferring officer keeps-- 7
(a) the salary and conditions of employment; and 8
(b) the entitlements with respect to leave and superannuation; 9
that applied to the officer immediately before the commencement day. 10
(3) To remove any doubt, it is declared that a transferring officer's 11
continuity of service is not interrupted merely because of the end of the 12
officer's appointment within the former office and the start of the officer's 13
appointment within the new office. 14
15
Repeal
49. The Public Service Management (Creation of Part of Department) 16
Order (No. 1) 1995 is repealed. 17
4--Syllabuses 18
Division
previously approved or maintained 19
Syllabuses
50.(1) On the commencement of this section, the following syllabuses 20
are taken to be approved syllabuses-- 21
(a) the syllabuses for years 1 to 7 approved by the chief executive for 22
the subjects stated in schedule 1, section 1; 23
(b) the syllabuses for years 8 to 10 approved by the chief executive 24
for the subjects stated in schedule 1, section 2; 25
s 51 28 s 52
Education (School Curriculum P-10)
(c) the syllabuses for years 8 to 10 for the subjects stated in 1
schedule 1, section 3-- 2
(i) approved by the Board of Secondary School Studies; and 3
(ii) maintained by the Board of Senior Secondary School 4
Studies immediately before the commencement of the 5
Education Legislation Amendment Act 1995. 6
(2) A syllabus mentioned in subsection (1) that relates to years 1 to 10 is 7
taken to be approved-- 8
(a) for years 1 to 7, so far as it relates to those years; and 9
(b) for years 8 to 10, so far as it relates to those years. 10
Division 5--Expiry 11
12
Expiry
51. This part expires on 31 December 1997. 13
PART 6--AMENDMENTS 14
amended 15
Acts
52. Schedule 2 amends the Acts mentioned in it. 16
29
Education (School Curriculum P-10)
CHEDULE 1 1
¡S
CURRENT APPROVED SYLLABUSES 2
section 50 3
syllabuses 4
Primary
1. The following are the subjects for which, under section 50(1)(a), 5
syllabuses for years 1 to 7 are taken to be approved syllabuses-- 6
· art 7
· English for years 1 to 10 8
· health and physical education 9
· health education 10
· mathematics for years 1 to 10 11
· music 12
· science 13
· social studies. 14
syllabuses 15
Secondary
2. The following are the subjects for which, under section 50(1)(b), 16
syllabuses for years 8 to 10 are taken to be approved syllabuses-- 17
· English for years 1 to 10 18
· mathematics for years 1 to 10. 19
syllabuses--maintained by Board of Senior Secondary 20
Secondary
School Studies 21
3. The following are the subjects for which, under section 50(1)(c), 22
syllabuses for years 8 to 10 are taken to be approved syllabuses-- 23
· advanced mathematics 24
30
Education (School Curriculum P-10)
SCHEDULE 1 (continued)
· agricultural mechanics 1
· agricultural science 2
· agriculture 3
· animal husbandry 4
· art 5
· business principles and practice 6
· Chinese 7
· citizenship education 8
· commercial studies 9
· English 10
· French 11
· general mathematics 12
· general shop A 13
· general shop B 14
· geography 15
· German 16
· graphics 17
· health and physical education 18
· history 19
· home economics 20
· Indonesian/Malaysian 21
· Italian 22
· Japanese 23
· Latin 24
· mathematics 25
· modern Greek 26
31
Education (School Curriculum P-10)
SCHEDULE 1 (continued)
· music 1
· ordinary mathematics 2
· science 3
· shorthand 4
· social science 5
· social studies 6
· Spanish 7
· speech and drama 8
· study of society 9
· typewriting. 10
32
Education (School Curriculum P-10)
CHEDULE 2 1
¡S
MENDMENTS 2
A
section 52 3
ENTRAL QUEENSLAND UNIVERSITY ACT 1989 4
´C
Amendment 5
1. Section 20(1)(c)-- 6
omit. 7
2. Section 28(2), `subsections (4) and (5)'-- 8
omit, insert-- 9
`subsection (5)'. 10
3. Section 28(3), `Subject to subsection (4), the'-- 11
omit, insert-- 12
`The'. 13
4. Section 28(4)-- 14
omit. 15
33
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
DUCATION (GENERAL PROVISIONS) ACT 1989 1
´E
Amendment 2
1. Section 3(1), definitions "council", "early childhood education", 3
"materials", "open learning", "practising teacher", "tertiary 4
education" and "Vocational Education Minister"-- 5
omit. 6
2. Section 3(1)-- 7
insert-- 8
` "materials" includes documents.'. 9
3. Section 47(4)-- 10
omit, insert-- 11
`(4) An agreement entered into by an association must contain any 12
conditions required by the Minister by notice-- 13
(a) given to the association; or 14
(b) published in the Education Office Gazette. 15
`(5) The conditions may relate to a stated agreement or agreements of a 16
stated class.'. 17
4. Part 6A-- 18
omit. 19
5. Section 78(2)(c) and (3)-- 20
omit. 21
34
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
DUCATION LEGISLATION AMENDMENT ACT 1
´E
1995 2
Amendment 3
1. Section 9-- 4
omit. 5
DUCATION (SENIOR SECONDARY SCHOOL 6
´E
STUDIES) ACT 1988 7
Amendment 8
1. Section 4, definitions "Council", "executive officer", "Higher 9
Education Forum", "materials" and "practising teacher"-- 10
omit. 11
2. Section 4-- 12
insert-- 13
` "appointed members" see section 5. 14
"committee" means a committee mentioned in section 6(1)(k). 15
"council" means the Queensland School Curriculum Council (P-10). 16
"director" means the director of the office. 17
"eligible person", for a nominating entity, means a person whom the entity 18
may nominate for membership of the board as stated in section 5(3). 19
"foreign education document" means a document stating an educational 20
qualification, or a level of education attained, from an educational 21
institution outside the State. 22
35
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
"Higher Education Forum" means the committee of that name 1
established under the Education (General Provisions) Act 1989. 2
"materials" includes documents. 3
"nominating entity" means an entity that, under section 5(3)(b) to (i), may 4
nominate a person to be a member of the board. 5
"office" means the Office of the Board of Senior Secondary School 6
Studies. 7
"P-12 syllabuses" means either or both or the following-- 8
(a) guidelines for the preschool year; 9
(b) the syllabuses for the subjects in years 1 to 12. 10
"practising secondary education teacher" means a person who is-- 11
(a) registered as a teacher under the Education (Teacher 12
Registration) Act 1988; and 13
(b) is a member of the educational staff of a school to provide 14
secondary education. 15
"primary education" means education offered in years 1 to 7.'. 16
3. Section 4, definition "Board registered subject", `work program'-- 17
omit, insert-- 18
`study area specification or work program'. 19
4. Section 4, definition "Board subject", `, other than a Board 20
registered subject or recorded subject,'-- 21
omit. 22
5. Section 5-- 23
omit, insert-- 24
36
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
`Establishment and membership of board 1
`5.(1) The Board of Senior Secondary School Studies is established. 2
`(2) The board consists of the following members-- 3
(a) the chief executive; 4
(b) the persons appointed under subsection (3) (the "appointed 5
members"). 6
`(3) The Governor in Council must appoint the following persons as 7
members of the board-- 8
(a) 1 person nominated by the Minister, who is to be appointed as 9
chairperson; 10
(b) 2 public service officers employed in the department and 11
nominated by the chief executive; 12
(c) 1 person nominated by the Council; 13
(d) 1 member of the Vocational Education, Training and 14
Employment Commission nominated by the Vocational 15
Education Minister; 16
(e) 1 person nominated by the Higher Education Forum; 17
(f) 1 person nominated by the Queensland Catholic Education 18
Commission; 19
(g) 1 person nominated by the Association of Independent Schools 20
of Queensland Inc.; 21
(h) 2 practising secondary education teachers, with experience in 22
senior secondary education, of whom-- 23
(i) 1 is to be nominated by the Queensland Teachers' Union; 24
and 25
(ii) 1 is to be nominated by the Queensland Association of 26
Teachers in Independent Schools; 27
(i) 3 persons who, at the time of appointment, are parents of students 28
currently attending year 11 or 12 at a State educational institution 29
37
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
or other school in Queensland, of whom-- 1
(i) 1 is to be nominated by the Queensland Council of Parents 2
and Citizens' Associations Incorporated; and 3
(ii) 1 is to be nominated by the Federation of Parents and 4
Friends Associations Queensland; and 5
(iii) 1 is to be nominated by the Independent Parents and Friends 6
Council of Queensland; 7
(j) if the Minister considers it appropriate for there to be another 8
member--another person nominated by the Minister. 9
`(4) The Minister must, by written notice to each of the nominating 10
entities, ask each entity to nominate a person who is, for the entity, an 11
eligible person for appointment to the board. 12
`(5) If a nominating entity does not, within the time stated in the notice, 13
nominate a person who is, for the entity, an eligible person-- 14
(a) the Minister may nominate someone who is, for the entity, an 15
eligible person; and 16
(b) the Minister's nominee is taken to have been nominated by the 17
entity that failed to nominate within the time stated in the notice. 18
`(6) The board may appoint a member to be deputy chairperson of the 19
board for the term, not longer than his or her term of office as a member, 20
decided by the board. 21
`(7) The director may not be appointed as a member.'. 22
6. After section 6(1)(d)-- 23
insert-- 24
`(da)with the council-- 25
(i) to develop and, from time to time, revise a strategic plan for 26
the development of P-12 syllabuses; and 27
(ii) to recommend the strategic plan to the Minister;'. 28
38
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
7. After section 6(1)(e)-- 1
insert-- 2
`(ea) to approve study area specifications for subjects that are 3
designated, or are to be designated, Board registered subjects on 4
the senior certificate;'. 5
8. Section 6(1)(n) to (p)-- 6
omit. 7
9. Section 6(1)-- 8
insert-- 9
`(t) to assess and decide the levels of education evidenced by foreign 10
education documents, compared with the levels of primary and 11
secondary education provided by educational institutions in the 12
State.'. 13
10. Section 6(2) and (3)-- 14
omit, insert-- 15
`(2) The board has power to do anything necessary or convenient in 16
relation to its functions. 17
`(3) Without limiting subsection (2), the board has the powers given to it 18
under this or another Act and, in particular, has power to-- 19
(a) enter into contracts; and 20
(b) appoint agents and attorneys; and 21
(c) engage consultants; and 22
(d) produce materials in performing its functions; and 23
(e) charge for advertising in the materials; and 24
(f) sell the materials or enter into an agreement with someone else to 25
39
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
sell the materials. 1
`(4) However, the board must not enter into an agreement about real 2
property, including, for example, leasing premises for its accommodation, 3
unless the Minister has approved the board entering into the agreement.'. 4
11. After section 7(1)(b)-- 5
insert-- 6
`(ba)the approval of study area specifications;'. 7
12. Section 7(1)(e)-- 8
omit, insert-- 9
`(e) examinations;'. 10
13. After section 7(1)(h)-- 11
insert-- 12
`(ha)the issue of copies of certificates;'. 13
14. Section 7(2)-- 14
omit, insert-- 15
`(2) A by-law may prescribe fees payable to the board-- 16
(a) in relation to examinations or tests; or 17
(b) for the issue of certificates or other documents, or copies of 18
certificates or other documents; or 19
(c) for other services provided in relation to the board's functions.'. 20
15. Section 7(5)-- 21
omit. 22
40
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
16. Section 8-- 1
omit, insert-- 2
`Responsibility for strategic plan for P-12 syllabuses and revisions 3
`8.(1) This section applies in relation to the board's function, with the 4
council-- 5
(a) to develop and, from time to time, revise a strategic plan for the 6
development of P-12 syllabuses; and 7
(b) to recommend the strategic plan to the Minister. 8
`(2) The chairperson of the council has primary responsibility for the 9
process by which the council and the board must work together in 10
developing the strategic plan, and revising it from time to time. 11
`(3) However, the chairperson of the board must ensure the board works 12
together with the council, including, for example, establishing committees. 13
`(4) The recommendation to the Minister about the strategic plan, or 14
subsequent revisions, must be signed by both chairpersons. 15
`(5) A revision may take the form of developing a further plan.'. 16
17. Part 2, division 2, heading and sections 9 to 11-- 17
omit, insert-- 18
`Minister to consider strategic plan and notify chairpersons 19
`9.(1) The Minister must consider a strategic plan, or a revision, 20
recommended under section 8(4) and notify the chairperson of the board 21
and chairperson of the council that-- 22
(a) the strategic plan or revision is approved with or without changes; 23
or 24
(b) the strategic plan or revision requires further development, 25
including the particular areas for development. 26
`(2) The board has not discharged its functions about developing a 27
41
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
strategic plan or a revision until the Minister has given notice to the board 1
that the plan or revision is approved. 2
`Minister's power to give directions in the public interest 3
`10.(1) The Minister may give the board a written direction if the 4
Minister is satisfied it is necessary to give the direction in the public interest. 5
`(2) Without limiting subsection (1), a direction may be that the board 6
must comply with-- 7
(a) a policy, standard or other instrument of a public sector unit; or 8
(b) another document, including, for example, another policy, 9
standard or instrument. 10
`(3) The board must comply with the direction. 11
`(4) In the board's annual report for a financial year, under the Financial 12
Administration and Audit Act 1977, the board must include copies of all 13
directions given to it during the financial year. 14
`Division 2--Administrative provisions relating to the board 15
`Members' term of appointment 16
`11.(1) The member appointed as the chairperson of the board holds 17
office for the term, not longer than 4 years, stated in the member's 18
appointment. 19
`(2) Each other appointed member holds office for the term, not longer 20
than 3 years, stated in the member's appointment.'. 21
18. Section 12(c)-- 22
omit. 23
42
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
19. Section 12, `a member'-- 1
omit, insert-- 2
`an appointed member'. 3
20. Section 13, `A member'-- 4
omit, insert-- 5
`An appointed member'. 6
21. Section 14-- 7
omit. 8
22. Section 16-- 9
omit, insert-- 10
`Filling vacancies 11
`16.(1) This section applies if there is a vacancy in the office of an 12
appointed member (the "previous member"). 13
`(2) If the previous member was a member mentioned in section 5(3)(b) 14
to (i), the Minister must, by written notice to the nominating entity of the 15
previous member, ask the entity to nominate a person who is, for the entity, 16
an eligible person for appointment to the vacancy. 17
`(3) If the nominating entity does not, within the time stated in the notice, 18
nominate a person who is, for the entity, an eligible person-- 19
(a) the Minister may nominate someone who is, for the entity, an 20
eligible person; and 21
(b) the person nominated by the Minister is taken to have been 22
nominated by the entity. 23
`(4) The Governor in Council's appointment of a person to fill the 24
vacancy may only be made after the person's nomination by the nominating 25
43
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
entity or the Minister.14 1
`(5) The term of the appointment must end not later than the end of the 2
previous member's term.'. 3
23. Section 18-- 4
omit. 5
24. Section 20-- 6
omit, insert-- 7
`Disclosure of interests by members of board, members of committees 8
and director 9
`20.(1) This section applies to a member of the board, a member of a 10
committee or the director (the "interested person") if-- 11
(a) the interested person has a direct or indirect financial interest in an 12
issue being considered, or about to be considered, by the board or 13
the committee; and 14
(b) the interest could conflict with the proper performance of the 15
person's duties about the consideration of the issue. 16
`(2) As soon as practicable after the relevant facts come to the interested 17
person's knowledge, the person must disclose the nature of the interest to a 18
meeting of the board or the committee. 19
`(3) Unless the board or committee otherwise directs, the interested 20
person must not-- 21
(a) be present when the board or committee considers the issue; or 22
(b) take part in a decision of the board or committee about the issue. 23
`(4) The interested person must not be present when the board or 24
14 Under the Acts Interpretation Act 1954, section 25(1)(b), the Governor in
Council's power to appoint a member includes a power to appoint someone else
if the member's office becomes vacant.
44
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
committee is considering whether to give a direction under subsection (3). 1
`(5) If there is another person who must, under subsection (2), also 2
disclose an interest in the issue, the other person must not-- 3
(a) be present when the board or committee is considering whether to 4
give a direction under subsection (3); or 5
(b) take part in making the decision about giving the direction. 6
`(6) If, because of this section, a member of the board or a committee is 7
not present at a board or committee meeting for considering or deciding an 8
issue, or for considering or deciding whether to give a direction under 9
subsection (3), but there would be a quorum if the member were present, 10
the remaining members present are a quorum of the board or committee for 11
considering or deciding the issue at the meeting. 12
`(7) A disclosure under subsection (2) must be recorded in the board's or 13
committee's minutes. 14
`Attendance by appointed member's proxy or chief executive's 15
nominee 16
`20A.(1) An appointed member may attend a board meeting by proxy. 17
`(2) However, the appointed member may not-- 18
(a) appoint a member of the office's staff as the proxyholder; or 19
(b) attend more than 2 meetings each year by proxy. 20
`(3) A member is not entitled to preside at a meeting merely because the 21
member is the proxyholder for another member who, if present, would be 22
entitled to preside. 23
`(4) The chief executive may, by written notice to the chairperson, 24
nominate a public service officer employed in the department to attend a 25
meeting or meetings for the chief executive. 26
`(5) In subsection (2)(b)-- 27
"year" means a period of 12 months starting on the first day of the term of 28
office of the member concerned or an anniversary of that day. 29
45
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
`Attendance of director of the office at meetings 1
`20B.(1) The director may attend board meetings. 2
`(2) The director may speak at a meeting but is not entitled to vote.'. 3
25. Section 23(4)-- 4
omit. 5
26. Section 24-- 6
omit, insert-- 7
`Delegations 8
`24.(1) The chairperson may delegate the chairperson's powers under 9
this Act to an appropriately qualified person. 10
`(2) The board may, by resolution, delegate, to an appropriately qualified 11
person, its power to assess and decide the levels of education evidenced by 12
foreign education documents. 13
`(3) In this section-- 14
"appropriately qualified person" means a person with the qualifications, 15
experience or standing appropriate to exercise the power. 16
17
Example of standing--
18
A person's classification level in the public service.'.
27. Section 32(4), `$12%'-- 19
omit, insert-- 20
`12%'. 21
28. Part 2, division 4-- 22
omit. 23
46
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
29. Section 37(1)-- 1
insert-- 2
`(b) to make recommendations to the board about study area 3
specifications developed by the board for subjects designated, or 4
to be designated, as board registered subjects; and'. 5
30. Parts 3 and 4-- 6
omit, insert-- 7
`PART 3--OFFICE OF THE BOARD OF SENIOR 8
SECONDARY SCHOOL STUDIES 9
`Office of the Board of Senior Secondary School Studies 10
`38. The Office of the Board of Senior Secondary School Studies is 11
established. 12
`Office's function and powers 13
`39.(1) The office's function is to assist the board. 14
`(2) The office has power to do anything necessary or convenient in 15
relation to its function. 16
`Director and staff of the office 17
`40.(1) The office consists of the director and other staff of the office. 18
`(2) The director and other staff of the office are to be appointed under 19
the Public Service Act 1996. 20
`Control of the office 21
`41.(1) The director is to control the office. 22
`(2) The director has all the functions and powers of the chief executive 23
47
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
of a department, so far as the functions and powers relate to the 1
organisational unit comprising the staff of the office, as if-- 2
(a) the unit were a department within the meaning of the Public 3
Service Act 1996; and 4
(b) the director were the chief executive of the department. 5
`PART 4--GENERAL PROVISIONS 6
`Delegation by Minister 7
`42.(1) The Minister may delegate the Minister's powers under this Act, 8
other than under sections 8, 9 and 1015 to an appropriately qualified person. 9
`(2) In subsection (1)-- 10
"appropriately qualified person" means a person with the qualifications, 11
experience or standing appropriate to exercise the power. 12
13
Example of standing--
14
A person's classification level in the public service.
`Administrative support for board and office 15
`43.(1) The board may make arrangements for administrative support 16
services for the board and the office. 17
`(2) If the board makes arrangements with the chief executive for the 18
department to provide 1 or more services for the board or the office, the 19
arrangement must include a provision about the board paying the 20
department a reasonable amount for the service. 21
15 Section 8 (Responsibility for strategic plan and revisions for P-12 syllabuses),
section 9 (Minister to consider strategic plan and notify chairpersons) and
section 10 (Minister's power to give directions in the public interest)
48
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
`Board's annual report 1
`44. The board's annual report for a financial year, under the Financial 2
Administration and Audit Act 1977, must include any accreditation, 3
recognition or registration functions delegated to the board under the 4
Vocational Education, Training and Employment Act 1991, section 26, for 5
vocational education programs for students in year 11 or 12.16 6
`Regulations 7
`45. The Governor in Council may make regulations under this Act. 8
`PART 5--TRANSITIONAL 9
`Definitions for pt 5 10
`46. In this part-- 11
"commencement day" means the day this part commences. 12
"former office" means the part of the department that, immediately before 13
the commencement day, was known as the Office of the Board of 14
Senior Secondary School Studies. 15
"new office" means the Office of the Board of Senior Secondary School 16
Studies established under this Act. 17
"transferring officer" means a person who, immediately before the 18
commencement day, was a public service officer within the former 19
office. 20
16 See section 6(1)(h).
49
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
`Board to be re-constituted 1
`47. The members of the board immediately before the commencement 2
day go out of office. 3
`Dissolution of former office 4
`48. The former office is dissolved. 5
`Staff of the office 6
`49.(1) Each transferring officer is taken to have been appointed as a 7
public service officer within the new office. 8
`(2) Each transferring officer keeps-- 9
(a) the salary and conditions of employment; and 10
(b) the entitlements with respect to leave and superannuation; 11
that applied to the officer immediately before the commencement day. 12
`(3) To remove any doubt, it is declared that a transferring officer's 13
continuity of service is not interrupted merely because of the end of the 14
officer's appointment within the former office and the start of the officer's 15
appointment within the new office. 16
`Existing delegations 17
`50.(1) This section applies to a delegation-- 18
(a) made under section 24 or 3817 before the commencement of this 19
section; and 20
(b) in force immediately before the commencement. 21
`(2) The delegation continues to have effect for 1 year after the 22
17 Section 24 (Delegation by chairperson) or section 38 (Delegation by Minister)
50
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
commencement, unless the delegation sooner expires or is revoked. 1
`(3) This section expires 1 year after the commencement.'. 2
EDUCATION (TEACHER REGISTRATION) ACT 1988 3
´
Amendment 4
1. Section 4, definitions "executive officer", "Higher Education 5
Forum" and "materials"-- 6
omit. 7
2. Section 4-- 8
insert-- 9
` "director" means the director of the office. 10
"Higher Education Forum" means the committee of that name 11
established under the Education (General Provisions) Act 1989. 12
"materials" includes documents. 13
"office" means the Office of the Board of Teacher Registration.'. 14
3. Section 5-- 15
insert-- 16
`(4) The director may not be appointed as a member.'. 17
4. Section 6(1)(h) to (j) and (l)-- 18
omit. 19
51
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
5. Part 2, division 1, after section 7-- 1
insert-- 2
`Minister's power to give directions in the public interest 3
`7A.(1) The Minister may give the board a written direction if the 4
Minister is satisfied it is necessary to give the direction in the public interest. 5
`(2) Without limiting subsection (1), a direction may be that the board 6
must comply with-- 7
(a) a policy, standard or other instrument of a public sector unit; or 8
(b) another document, including, for example, another policy, 9
standard or instrument. 10
`(3) The board must comply with the direction. 11
`(4) In the board's annual report for a financial year, under the Financial 12
Administration and Audit Act 1977, the board must include copies of all 13
directions given to it during the financial year.'. 14
6. Section 9-- 15
omit, insert-- 16
`Members' term of appointment 17
`9.(1) The member appointed as the chairperson of the board holds office 18
for the term, not longer than 4 years, stated in the member's appointment. 19
`(2) A member, other than the chairperson, holds office for the term, not 20
longer than 3 years, stated in the member's appointment.'. 21
7. Section 17-- 22
omit, insert-- 23
`Disclosure of interests by members of board, members of committees 24
and director 25
`17.(1) This section applies to a member of the board, a member of a 26
52
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
committee or the director (the "interested person") if-- 1
(a) the interested person has a direct or indirect interest in an issue 2
being considered, or about to be considered, by the board or the 3
committee; and 4
(b) the interest could conflict with the proper performance of the 5
person's duties about the consideration of the issue. 6
`(2) As soon as practicable after the relevant facts come to the interested 7
person's knowledge, the person must disclose the nature of the interest to a 8
meeting of the board or committee. 9
`(3) Unless the board or committee otherwise directs, the interested 10
person must not-- 11
(a) be present when the board or committee considers the issue; or 12
(b) take part in a decision of the board or committee about the issue. 13
`(4) The interested person must not be present when the board or 14
committee is considering whether to give a direction under subsection (3). 15
`(5) If there is another person who must, under subsection (2), also 16
disclose an interest in the issue, the other person must not-- 17
(a) be present when the board or committee is considering whether to 18
give a direction under subsection (3); or 19
(b) take part in making the decision about giving the direction. 20
`(6) If, because of this section, a member of the board or a committee is 21
not present at a board or committee meeting for considering or deciding an 22
issue, or for considering or deciding whether to give a direction under 23
subsection (3), but there would be a quorum if the member were present, 24
the remaining members present are a quorum of the board or committee for 25
considering or deciding the issue at the meeting. 26
`(7) A disclosure under subsection (2) must be recorded in the board's or 27
committee's minutes.'. 28
53
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
8. After section 18-- 1
insert-- 2
`Attendance of director at meetings 3
`18A.(1) The director may attend board meetings. 4
`(2) The director may speak at a meeting but is not entitled to vote.'. 5
9. Part 2, division 4-- 6
omit. 7
10. After part 2-- 8
insert-- 9
`PART 2A--OFFICE OF THE BOARD OF TEACHER 10
REGISTRATION 11
`Office of the Board of Teacher Registration 12
`31. The Office of the Board of Teacher Registration is established. 13
`Office's function and powers 14
`31A.(1) The office's function is to assist the board. 15
`(2) The office has power to do anything necessary or convenient in 16
relation to its function. 17
`Director and staff of the office 18
`31B.(1) The office consists of the director and other staff of the office. 19
`(2) The director and other staff of the office are to be appointed under 20
the Public Service Act 1996. 21
54
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
`Control of the office 1
`31C.(1) The director is to control the office. 2
`(2) The director has all the functions and powers of the chief executive 3
of a department, so far as the functions and powers relate to the 4
organisational unit comprising the staff of the office, as if-- 5
(a) the unit were a department within the meaning of the Public 6
Service Act 1996; and 7
(b) the director were the chief executive of the department.'. 8
11. Section 32A, `executive officer'-- 9
omit, insert-- 10
`director'. 11
12. Section 35(1), `executive officer'-- 12
omit, insert-- 13
`director'. 14
13. Section 40(2), `executive officer'-- 15
omit, insert-- 16
`director'. 17
14. Section 45R(7), `executive officer'-- 18
omit, insert-- 19
`director'. 20
55
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
15. Section 45S(1), `executive officer'-- 1
omit, insert-- 2
`director'. 3
16. Section 50(a), (b), (c) and (f), after `executive officer'-- 4
insert-- 5
`or director'. 6
17. Section 50-- 7
insert-- 8
`(2) In subsection (1)-- 9
"executive officer" means a person who was the executive officer of the 10
board before the commencement of the Education (School Curriculum 11
P-10) Act 1996.'. 12
18. Sections 52 and 53-- 13
omit, insert-- 14
`Administrative support for board and office 15
`52.(1) The board may make arrangements for administrative support 16
services for the board and the office. 17
`(2) If the board makes arrangements with the chief executive for the 18
department to provide 1 or more services for the board or the office, the 19
arrangement must include a provision about the board paying the 20
department a reasonable amount for the service. 21
`Delegation by Minister 22
`53.(1) The Minister may delegate the Minister's powers under this Act, 23
56
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
other than under section 7A,18 to an appropriately qualified person. 1
`(2) In subsection (1)-- 2
"appropriately qualified person" means a person with the qualifications, 3
experience or standing appropriate to exercise the power. 4
5
Example of standing--
6
A person's classification level in the public service.'.
19. Part 5, before section 56-- 7
insert-- 8
`Division 1--Board of Teacher Education'. 9
20. Before section 62-- 10
insert-- 11
`Division 2--Board of Teacher Registration and related matters'. 12
21. After section 71-- 13
insert-- 14
`Division 3--Office of the Board of Teacher Registration 15
`Definitions for div 3 16
`72. In this division-- 17
"commencement day" means the day this division commences. 18
"former office" means the part of the department that, immediately before 19
the commencement day, was known as the Office of the Board of 20
Teacher Registration. 21
18 Section 7A (Minister's power to give directions in the public interest)
57
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
"new office" means the Office of the Board of Teacher Registration 1
established under this Act. 2
"transferring officer" means a person who, immediately before the 3
commencement day, was a public service officer within the former 4
office. 5
`Dissolution of former office 6
`73. The former office is dissolved. 7
`Staff of the office 8
`74.(1) Each transferring officer is taken to have been appointed as a 9
public service officer within the new office. 10
`(2) Each transferring officer keeps-- 11
(a) the salary and conditions of employment; and 12
(b) the entitlements with respect to leave and superannuation; 13
that applied to the officer immediately before the commencement day. 14
`(3) To remove any doubt, it is declared that a transferring officer's 15
continuity of service is not interrupted merely because of the end of the 16
officer's appointment within the former office and the start of the officer's 17
appointment within the new office. 18
`Existing delegations 19
`75.(1) This section applies to a delegation-- 20
(a) made under section 5319 before the commencement of this 21
section; and 22
(b) in force immediately before the commencement. 23
`(2) The delegation continues to have effect for 1 year after the 24
19 Section 53 (Delegation by Minister)
58
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
commencement, unless the delegation sooner expires or is revoked. 1
`(3) This section expires 1 year after the commencement.'. 2
EDUCATION (TERTIARY ENTRANCE 3
´
PROCEDURES AUTHORITY) ACT 1990 4
Amendment 5
1. Section 4, definition "materials"-- 6
omit. 7
2. Section 4-- 8
insert-- 9
` "executive director" means the executive director of the office. 10
"materials" includes documents. 11
"office" means the Office of the Tertiary Entrance Procedures Authority.'. 12
3. Section 5(2)-- 13
omit, insert-- 14
`(2) The Governor in Council must appoint the members of the 15
Authority.'. 16
4. Section 5-- 17
insert-- 18
`(4) The executive director may not be appointed as a member of the 19
Authority.'. 20
59
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
5. Section 6(1)(m) to (o)-- 1
omit. 2
6. Section 6(2)-- 3
omit, insert-- 4
`(2) The Authority has power to do anything necessary or convenient in 5
relation to its functions. 6
`(3) Without limiting subsection (2), the Authority has the powers given 7
to it under this or another Act and, in particular, has power to-- 8
(a) enter into contracts; and 9
(b) appoint agents and attorneys; and 10
(c) engage consultants; and 11
(d) produce materials in performing its functions; and 12
(e) charge for advertising in the materials; and 13
(f) sell the materials or enter into an agreement with someone else to 14
sell the materials. 15
`(4) However, the Authority must not enter into an agreement about real 16
property, including, for example, leasing premises for its accommodation, 17
unless the Minister has approved the Authority entering into the 18
agreement.'. 19
7. Section 7(2)-- 20
omit, insert-- 21
`(2) A by-law may prescribe fees payable to the Authority-- 22
(a) for the issue of tertiary entrance statements or other documents, 23
or copies of statements or other documents; or 24
(b) for other services provided in relation to the Authority's 25
functions.'. 26
60
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
8. Section 7(5)-- 1
omit. 2
9. Section 8-- 3
omit, insert-- 4
`Minister's power to give directions in the public interest 5
`8.(1) The Minister may give the Authority a written direction if the 6
Minister is satisfied it is necessary to give the direction in the public interest. 7
`(2) Without limiting subsection (1), a direction may be that the 8
Authority must comply with-- 9
(a) a policy, standard or other instrument of a public sector unit; or 10
(b) another document, including for example, another policy, 11
standard or instrument. 12
`(3) The Authority must comply with the direction. 13
`(4) In the Authority's annual report for a financial year, under the 14
Financial Administration and Audit Act 1977, the Authority must include 15
copies of all directions given to it during the financial year.'. 16
10. Section 10-- 17
omit, insert-- 18
`Members' term of appointment 19
`10.(1) The member appointed as the chairmember of the Authority 20
holds office for the term, not longer than 4 years, stated in the member's 21
appointment. 22
`(2) Each other member holds office for the term, not longer than 23
3 years, stated in the member's appointment.'. 24
61
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
11. Section 12(c)-- 1
omit. 2
12. Sections 14(1) and 16(1), `the Governor in Council, by notification 3
published in the Gazette, is to'-- 4
omit, insert-- 5
`the Minister must, by written notice,'. 6
13. Section 18-- 7
omit, insert-- 8
`Disclosure of interests by members of Authority, Advisory Council, 9
advisory groups and committees and executive director 10
`18.(1) This section applies to an interested person if-- 11
(a) the interested person has a direct or indirect financial interest in an 12
issue being considered, or about to be considered, by an entity; 13
and 14
(b) the interest could conflict with the proper performance of the 15
person's duties about the consideration of the issue. 16
`(2) As soon as practicable after the relevant facts come to the interested 17
person's knowledge, the person must disclose the nature of the interest to a 18
meeting of the entity. 19
`(3) Unless the entity otherwise directs, the interested person must not-- 20
(a) be present when the entity considers the issue; or 21
(b) take part in a decision of the entity about the issue. 22
`(4) The interested person must not be present when the entity is 23
considering whether to give a direction under subsection (3). 24
`(5) If there is another person who must, under subsection (2), also 25
disclose an interest in the issue, the other person must not-- 26
62
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
(a) be present when the entity is considering whether to give a 1
direction under subsection (3); or 2
(b) take part in making the decision about giving the direction. 3
`(6) If, because of this section, a member of an entity is not present at a 4
meeting of the entity for considering or deciding an issue, or for considering 5
or deciding whether to give a direction under subsection (3), but there 6
would be a quorum if the member were present, the remaining members 7
present are a quorum of the entity for considering or deciding the issue at 8
the meeting. 9
`(7) A disclosure under subsection (2) must be recorded in the entity's 10
minutes. 11
`(8) In this section-- 12
"entity", in relation to an interested person, means the Authority, the 13
Advisory Council, an advisory group or a committee. 14
"interested person" means a member of an entity or the executive director. 15
`Attendance by member's proxy 16
`18A.(1) A member of the Authority may attend an Authority meeting 17
by proxy. 18
`(2) However, the member may not-- 19
(a) appoint a member of the office's staff as the proxyholder; or 20
(b) attend more than 2 meetings each year by proxy. 21
`(3) A member is not entitled to preside at a meeting merely because the 22
member is the proxyholder for another member who, if present, would be 23
entitled to preside. 24
`(4) In subsection (2)(b)-- 25
"year" means a period of 12 months starting on the first day of the term of 26
office of the member concerned or an anniversary of that day.'. 27
63
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
14. After section 19-- 1
insert-- 2
`Attendance of executive director of the office at meetings 3
`19A.(1) The executive director of the office may attend Authority 4
meetings. 5
`(2) The executive director may speak at a meeting but is not entitled to 6
vote.'. 7
15. Section 22(4)-- 8
omit. 9
16. Part 2, division 4-- 10
omit. 11
17. After part 2-- 12
insert-- 13
`PART 2A--OFFICE OF THE TERTIARY ENTRANCE 14
PROCEDURES AUTHORITY 15
`Office of the Tertiary Entrance Procedures Authority 16
`31A. The Office of the Tertiary Entrance Procedures Authority is 17
established. 18
`Function and powers 19
`31B.(1) The office's function is to assist the Authority. 20
`(2) The office has power to do anything necessary or convenient to be 21
done in relation to its function. 22
64
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
`Executive director and staff of the office 1
`31C.(1) The office consists of the executive director and other staff of 2
the office. 3
`(2) The executive director and other staff of the office are to be 4
appointed under the Public Service Act 1996. 5
`Control of the office 6
`31D.(1) The executive director is to control the office. 7
`(2) The executive director has all the functions and powers of the chief 8
executive of a department, so far as the functions and powers relate to the 9
organisational unit comprising the staff of the office, as if-- 10
(a) the unit were a department within the meaning of the Public 11
Service Act 1996; and 12
(b) the executive director were the chief executive of the department.'. 13
18. Section 37(c)-- 14
omit. 15
19. Section 40(4)-- 16
omit. 17
20. Sections 43 and 44-- 18
omit, insert-- 19
`Administrative support for Authority and office 20
`43.(1) The Authority may make arrangements for administrative 21
support services for the Authority and the office. 22
`(2) If the Authority makes arrangements with the chief executive for the 23
department to provide 1 or more services for the Authority or the office, the 24
65
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
arrangement must include a provision about the Authority paying the 1
department a reasonable amount for the service. 2
`Delegation by Minister 3
`44.(1) The Minister may delegate the Minister's powers under this Act, 4
other than under section 8,20 to an appropriately qualified person. 5
`(2) In subsection (1)-- 6
"appropriately qualified person" means a person with the qualifications, 7
experience or standing appropriate to exercise the power. 8
9
Example of standing--
10
A person's classification level in the public service.'.
21. After part 4-- 11
insert-- 12
`PART 5--TRANSITIONAL 13
`Definitions for pt 5 14
`46. In this part-- 15
"1992 order in council" means the Office of the Tertiary Entrance 16
Procedures Authority Order 1992, published in the Gazette on 18 17
January 1992 at page 156. 18
"commencement day" means the day this part commences. 19
"former office" means the Office of the Tertiary Entrance Procedures 20
Authority established, under the 1992 order in council, as a part of the 21
department. 22
"new office" means the office. 23
20 Section 8 (Minister's power to give directions in the public interest)
66
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
"transferring officer" means a person who, immediately before the 1
commencement day, was a public service officer within the former 2
office. 3
`Dissolution of former office 4
`47. The former office is dissolved. 5
`Staff of the office 6
`48.(1) Each transferring officer is taken to have been appointed as a 7
public service officer within the new office. 8
`(2) Each transferring officer keeps-- 9
(a) the salary and conditions of employment; and 10
(b) the entitlements with respect to leave and superannuation; 11
that applied to the officer immediately before the commencement day. 12
`(3) To remove any doubt, it is declared that a transferring officer's 13
continuity of service is not interrupted merely because of the end of the 14
officer's appointment within the former office and the start of the officer's 15
appointment within the new office. 16
`Existing delegation 17
`49.(1) This section applies to a delegation-- 18
(a) made under section 4421 before the commencement of this 19
section; and 20
(b) in force immediately before the commencement. 21
`(2) The delegation continues to have effect for 1 year after the 22
commencement, unless the delegation sooner expires or is revoked. 23
`(3) This section expires 1 year after the commencement. 24
21 Section 44 (Delegation by Minister)
67
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
`Repeal 1
`50. The 1992 order in council is repealed.'. 2
EDUCATION (WORK EXPERIENCE) ACT 1996 3
´
Amendment 4
1. Section 4-- 5
insert-- 6
`(2) However, an arrangement made by a university or university college 7
is not a work experience arrangement if-- 8
(a) it is for the provision of experience to a student enrolled in a 9
course at the university or university college; and 10
(b) the experience is a mandatory or assessable part of the course.'. 11
RAMMAR SCHOOLS ACT 1975 12
´G
Amendment 13
1. Section 9(c)-- 14
omit. 15
68
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
RIFFITH UNIVERSITY ACT 1971 1
´G
Amendment 2
1. Section 9(1)(c)-- 3
omit. 4
2. Section 14(2), `(4) to (4B)'-- 5
omit, insert-- 6
`(4A) and (4B)'. 7
3. Section 14(3), `Subject to subsection (4), the'-- 8
omit, insert-- 9
`The'. 10
4. Section 14(4)-- 11
omit. 12
HIGHER EDUCATION (GENERAL PROVISIONS) 13
´
ACT 1993 14
Amendment 15
1. Section 13, `and accompanied by the fees prescribed by 16
regulation'-- 17
omit. 18
69
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
2. Section 13-- 1
insert-- 2
`(2) An applicant must pay the fee-- 3
(a) prescribed under a regulation; and 4
(b) at the time prescribed under a regulation.'. 5
JAMES COOK UNIVERSITY OF NORTH 6
´
QUEENSLAND ACT 1970 7
Amendment 8
1. Section 8(1)(d)-- 9
omit. 10
2. Section 13(2), `, subject to subsection (4),'-- 11
omit. 12
3. Section 13(3), `Subject to subsection (4), the'-- 13
omit, insert-- 14
`The'. 15
4. Section 13(4)-- 16
omit. 17
70
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
UEENSLAND UNIVERSITY OF TECHNOLOGY 1
´Q
ACT 1988 2
Amendment 3
1. Section 20(1)(c)-- 4
omit. 5
2. Section 28(2), `subsections (4) and (5)'-- 6
omit, insert-- 7
`subsection (5)'. 8
3. Section 28(3), `Subject to subsection (4), the'-- 9
omit, insert-- 10
`The'. 11
4. Section 28(4)-- 12
omit. 13
UNSHINE COAST UNIVERSITY COLLEGE ACT 14
´S
1994 15
Amendment 16
1. Section 33(4)-- 17
omit. 18
71
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
UNIVERSITY OF QUEENSLAND ACT 1965 1
´
Amendment 2
1. Section 9(1)(c)-- 3
omit. 4
2. Section 14(1A) and (2), `Subject to this section, the'-- 5
omit, insert-- 6
`The'. 7
3. Section 14(3) and (4)-- 8
omit. 9
4. Section 15(2)(b)-- 10
omit. 11
5. Part 3, heading-- 12
omit, insert-- 13
`PART 3--DEGREES AND OTHER AWARDS'. 14
6. Sections 21 and 22-- 15
omit. 16
7. Section 23(2) to (4)-- 17
omit. 18
72
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
8. Sections 24 to 26-- 1
omit. 2
UNIVERSITY OF SOUTHERN QUEENSLAND ACT 3
´
1989 4
Amendment 5
1. Section 20(1)(c)-- 6
omit. 7
2. Section 28(2), `subsections (4) and (5)'-- 8
omit, insert-- 9
`subsection (5)'. 10
3. Section 28(3), `Subject to subsection (4), the'-- 11
omit, insert-- 12
`The'. 13
4. Section 28(4)-- 14
omit. 15
73
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
OCATIONAL EDUCATION, TRAINING AND 1
´V
EMPLOYMENT ACT 1991 2
Amendment 3
1. Section 4, definition "registration", `of a person' to `the person'-- 4
omit, insert-- 5
`, of an entity providing a course, training program or short course, 6
means confirmation that the entity'. 7
2. Section 13(1)(d), `persons'-- 8
omit, insert-- 9
`entities'. 10
3. Section 20(1)(a)(iii), `persons'-- 11
omit, insert-- 12
`entities'. 13
4. Section 26(1), `person'-- 14
omit, insert-- 15
`appropriately qualified person or other appropriate entity'. 16
5. Section 26-- 17
insert-- 18
`(3) In subsection (1)-- 19
"appropriate entity" means an entity that is constituted by, or employs, 20
appropriately qualified persons. 21
"appropriately qualified person" means a person with the qualifications, 22
74
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
experience or standing appropriate to exercise the power. 1
2
Example of standing--
3
A person's classification level in the public service.'.
6. Section 67(1), definition "prescribed words", paragraph (b), 4
`person'-- 5
omit, insert-- 6
`entity'. 7
7. Section 67(2)-- 8
omit, insert-- 9
`(2) A person conducting a vocational education and training 10
establishment is authorised to confer an award if-- 11
(a) the award is for a course accredited by the Accreditation Council 12
and the person-- 13
(i) provides, and is registered by the Accreditation Council to 14
provide, the course; or 15
(ii) is authorised to confer the award by the entity that provides, 16
and is registered by the Accreditation Council to provide, the 17
course; or 18
(b) the person is authorised by a law of the Commonwealth, another 19
State or a Territory to confer the award.'. 20
8. Part 4, after section 126-- 21
insert-- 22
`Validation of delegation under s 26 23
`126A.(1) The delegation of powers by the Accreditation Council to the 24
Board of Senior Secondary School Studies, of which the board was given 25
written notice dated 23 January 1996, is taken to have been validly made 26
75
Education (School Curriculum P-10)
SCHEDULE 2 (continued)
under section 2622 as if the board were a person. 1
`(2) This section expires on the day it commences.'. 2
9. After section 128-- 3
insert-- 4
`Transitional provision about existing delegations 5
`129.(1) This section applies to a delegation -- 6
(a) made under section 26 before the commencement of this section; 7
and 8
(b) in force immediately before the commencement. 9
`(2) The delegation continues to have effect for 1 year after the 10
commencement, unless the delegation sooner expires or is revoked. 11
`(3) This section expires 1 year after the commencement.'. 12
22 Section 26 (Power of delegation by Commission or standing committees).
76
Education (School Curriculum P-10)
CHEDULE 3 1
¡S
ICTIONARY 2
D
section 4 3
"appointed members" see section 16. 4
"approved syllabus" means-- 5
(a) a guideline developed by the council for the preschool year; or 6
(b) a syllabus developed by the council for a subject for a year from 1 7
to 10. 8
"approved test" see section 13. 9
"board" means the Board of Senior Secondary School Studies established 10
under the Education (Senior Secondary School Studies) Act 1988. 11
"committee" means-- 12
(a) the executive committee; or 13
(b) a committee established by the council under section 30 or 31.23 14
"convicted" means found guilty, or having a plea of guilty accepted, in a 15
court, whether or not a conviction was recorded. 16
"council" means the Queensland School Curriculum Council (P-10). 17
"director" means the director of the office. 18
"eligible person", for a nominating entity, means a person whom the entity 19
may nominate for membership of the council as stated in 20
section 16(2). 21
"Higher Education Forum" means the committee of that name 22
established under the Education (General Provisions) Act 1989. 23
"initial in-service materials" means materials to facilitate the initial 24
implementation of an approved syllabus. 25
23 Section 30 (Syllabus advisory committees) or section 31 (Other committees)
77
Education (School Curriculum P-10)
SCHEDULE 3 (continued)
"materials" includes documents. 1
"nominating entity" means an entity that, under section 16(2)(b) to (i), 2
may nominate a person to be a member of the council. 3
"office" means the Office of the Queensland School Curriculum Council. 4
"P-10 syllabuses" means either or both of the following-- 5
(a) guidelines for the preschool year; 6
(b) the syllabuses for the subjects in years 1 to 10. 7
"P-12 syllabuses" means either or both of the following-- 8
(a) guidelines for the preschool year; 9
(b) the syllabuses for the subjects in years 1 to 12. 10
"practising teacher" means a person who-- 11
(a) is registered as a teacher under the Education (Teacher 12
Registration) Act 1988; and 13
(b) is a member of the educational staff of a State educational 14
institution or another school. 15
"source books" means materials to facilitate the on-going implementation 16
of an approved syllabus. 17
"State educational institution" see Education (General Provisions) Act 18
1989, section 3. 19
"strategic plan" means the plan mentioned in section 10 as revised from 20
time to time. 21
"syllabus" includes criteria for levels of student achievement for the 22
subjects included in the syllabus. 23
"systemic information", about the performance of students in a test, does 24
not include information about the performance of individual students 25
in the test. 26
"test" includes a diagnostic measure. 27
"Vocational Education Minister" means the Minister administering the 28
Vocational Education, Training and Employment Act 1991. 29
78
Education (School Curriculum P-10)
© State of Queensland 1996
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