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This is a Bill, not an Act. For current law, see the Acts databases.


EDUCATION LEGISLATION AMENDMENT BILL 1995

       Queensland




EDUCATION LEGISLATION
 AMENDMENT BILL 1995

 


 

Queensland EDUCATION LEGISLATION AMENDMENT BILL 1995 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 2--AMENDMENT OF EDUCATION (GENERAL PROVISIONS) ACT 1989 3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of s 3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Insertion of new Part 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 6A--CURRICULUM MANAGEMENT 67A Establishment of Queensland Curriculum Council . . . . . . . . . . . . . . 5 67B Council's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 67C Membership of Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 67D Official members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 67E Appointed members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 67F Members' term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 67G Members' fees and allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 67H Council not a statutory body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6 Amendment of s 78 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PART 3--AMENDMENT OF EDUCATION (SENIOR SECONDARY SCHOOL STUDIES) ACT 1988 7 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 Amendment of s 4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Amendment of s 5 (Constitution of the Board) . . . . . . . . . . . . . . . . . . . . . . . 9 10 Amendment of s 6 (Functions and powers of the Board) . . . . . . . . . . . . . . . 10

 


 

2 Education Legislation Amendment 11 Amendment of s 7 (Board may make by-laws) . . . . . . . . . . . . . . . . . . . . . . . 11 12 Amendment of s 37 (Functions and powers of subject advisory committees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 13 Replacement of pt 4 (Transitional and special arrangements) . . . . . . . . . . 12 PART 4--TRANSITIONAL 41 Board to be re-constituted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 13 AMENDMENT OF EDUCATION (GENERAL PROVISIONS) ACT 1989 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 14 AMENDMENT OF EDUCATION (SENIOR SECONDARY SCHOOL STUDIES) ACT 1988

 


 

1995 A BILL FOR An Act to amend certain legislation about education

 


 

s1 4 s4 Education Legislation Amendment The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 title 3 Short Clause 1. This Act may be cited as the Education Legislation Amendment Act 4 1995. 5 6 Commencement Clause 2.(1) Sections 10(1), (2), (3), (6) and (8) to (11), 11 and 12 commence 7 on 1 January 1996. 8 (2) Section 9 and schedule 1, item 2 commence on a day to be fixed by 9 proclamation. 10 PART 2--AMENDMENT OF EDUCATION (GENERAL 11 PROVISIONS) ACT 1989 12 Act 13 Amended Clause 3. This part and schedule 1 amend the Education (General Provisions) 14 Act 1989. 15 of s 3 (Interpretation) 16 Amendment Clause 4. Section 3(1)-- 17 insert-- 18 ` "Council" means the Queensland Curriculum Council established under 19 part 6A. 20 "early childhood education" means education for children from preschool 21

 


 

s5 5 s5 Education Legislation Amendment to year 3. 1 "open learning" is an approach to learning in which the learner can-- 2 (a) study at a time, pace and place of the learner's choosing using a 3 variety of instructional methods and technologies ranging from 4 face to face learning to learning through independent study; and 5 (b) progress through levels of education building on the skills and 6 knowledge already acquired. 7 "practising teacher" has the meaning given by the Education (Senior 8 Secondary School Studies) Act 1988. 9 "tertiary education" has the meaning given by the Education (Senior 10 Secondary School Studies) Act 1988. 11 "Vocational Education Minister" means the Minister administering the 12 Vocational Education, Training and Employment Act 1991.'. 13 of new Part 6A 14 Insertion Clause 5. After part 6-- 15 insert-- 16 `PART 6A--CURRICULUM MANAGEMENT 17 of Queensland Curriculum Council 18 `Establishment `67A. The Queensland Curriculum Council is established. 19 functions 20 `Council's `67B. The functions of the Council are-- 21 (a) to advise the Minister on preschool to year 12 curriculum 22 development; and 23 (b) to develop, endorse and recommend to the Minister a strategic 24 plan for preschool to year 12 curriculum development; and 25 (c) to undertake an annual forum to consider major school and 26 industry curriculum issues; and 27

 


 

s5 6 s5 Education Legislation Amendment (d) to undertake an annual forum to ensure open learning and 1 distance education issues are included in curriculum development. 2 of Council 3 `Membership `67C.(1) The Council consists of-- 4 (a) 6 official members; and 5 (b) 15 members appointed by the Governor in Council ("appointed 6 members"). 7 `(2) The Minister may appoint additional members. 8 members 9 `Official `67D.The official members are-- 10 (a) the General Manager, Queensland School Curriculum Office; and 11 (b) the chief executive and 1 other departmental officer nominated by 12 the Minister; and 13 (c) 1 nominee of the Queensland Catholic Education Commission; 14 and 15 (d) 1 nominee of the Association of Independent Schools of 16 Queensland; and 17 (e) the executive officer of the Board of Senior Secondary School 18 Studies. 19 members 20 `Appointed `67E. The appointed members are-- 21 (a) 1 nominee of the Queensland Teachers' Union; and 22 (b) 1 nominee of the Queensland Association of Teachers in 23 Independent Schools; and 24 (c) 1 nominee of the Queensland Council of Parents and Citizens 25 Associations; and 26 (d) 1 person from the non-State school sector jointly nominated by 27

 


 

s5 7 s5 Education Legislation Amendment the Independent Parents and Friends Council of Queensland and 1 the Federation of Parents and Friends Associations of 2 Queensland; and 3 (e) 1 member of the Vocational Education, Training and 4 Employment Commission nominated by the Vocational 5 Education Minister; and 6 (f) 1 employer representative nominated by the Vocational Education 7 Minister; and 8 (g) 1 nominee of the Australian Council of Trade Unions 9 (Queensland); and 10 (h) 1 person from the tertiary education sector nominated by the 11 Minister; and 12 (i) 1 person from the early childhood education sector nominated by 13 the Minister; and 14 (j) 1 person from the distance education and open learning sector 15 nominated by the Minister; and 16 (k) 3 practising teachers, 2 from the State sector nominated by the 17 Minister and 1 from the non-State sector jointly nominated by the 18 Queensland Catholic Education Commission and the Association 19 of Independent Schools of Queensland; and 20 (l) 2 nominees of the Minister. 21 term of office 22 `Members' `67F.(1) An appointed member or an additional member must not be 23 appointed for a term of longer than 18 months. 24 `(2) If a person is appointed to fill a casual vacancy, the appointment is 25 for the balance of the term of office for which the person's predecessor was 26 appointed. 27 fees and allowances 28 `Members' `67G. Each member of the Council may be paid the fees and allowances 29 decided by the Governor in Council. 30

 


 

s6 8 s8 Education Legislation Amendment not a statutory body 1 `Council `67H. To remove any doubt, it is declared that the Council is not a 2 statutory body under the Statutory Bodies Financial Arrangements Act 3 1982 or the Financial Administration and Audit Act 1977.'. 4 of s 78 (Regulations) 5 Amendment Clause 6.(1) Section 78(2)(c)-- 6 renumber as section 78(2)(d). 7 (2) Section 78(2)-- 8 insert-- 9 `(c) the management, administration and control of the operations, 10 practices and procedures of the Council;'. 11 (3) Section 78-- 12 insert-- 13 `(3) If a matter mentioned in subsection (2)(c) has not been prescribed, 14 the Council may decide the matter.'. 15 PART 3--AMENDMENT OF EDUCATION (SENIOR 16 SECONDARY SCHOOL STUDIES) ACT 1988 17 Act 18 Amended Clause 7. This part and schedule 2 amend the Education (Senior Secondary 19 School Studies) Act 1988. 20 of s 4 (Interpretation) 21 Amendment Clause 8.(1) Section 4, heading-- 22

 


 

s9 9 s9 Education Legislation Amendment omit, insert-- 1 `Definitions'. 2 (2) Section 4, definitions "Board subject", "department", "Minister", 3 "non-State school", "recorded subject", "State school" and 4 "student"-- 5 omit, insert-- 6 ` "Board subject" means a subject, other than a Board registered subject or 7 recorded subject, for which a syllabus and a school's work program 8 have been approved by the Board and the standards of assessment are 9 moderated. 10 "Council" means the Queensland Curriculum Council established under 11 part 6A of the Education (General Provisions) Act 1989. 12 "non-State school" has the meaning given by the Education (General 13 Provisions) Act 1989. 14 "recorded subject" means a subject, other than a Board subject or Board 15 registered subject, offered by a school, State college or other 16 educational institution approved by the Board, the results of which are 17 recorded on Board certificates. 18 "State college" has the meaning given by the Vocational Education, 19 Training and Employment Act 1991. 20 "State school" has the meaning given by the Education (General 21 Provisions) Act 1989. 22 "student" has the meaning given by the Education (General Provisions) 23 Act 1989. 24 "vocational education" has the meaning given by the Vocational 25 Education, Training and Employment Act 1991. 26 "Vocational Education Minister" means the Minister administering the 27 Vocational Education, Training and Employment Act 1991.'. 28 of s 5 (Constitution of the Board) 29 Amendment Clause 9.(1) Section 5(1)(d)-- 30 omit, insert-- 31

 


 

s 10 10 s 10 Education Legislation Amendment `(d) 1 member of the Vocational Education, Training and 1 Employment Commission nominated by the Vocational 2 Education Minister;'. 3 (2) Section 5(1)(i), after `non-State secondary schools'-- 4 insert-- 5 `providing senior secondary education'. 6 of s 6 (Functions and powers of the Board) 7 Amendment Clause 10.(1) Section 6(1)(b), `and, until otherwise determined, Junior 8 Certificates,'-- 9 omit. 10 (2) Section 6(1)(c)-- 11 omit. 12 (3) Section 6(1)(e), `and, until' to `Junior Certificate'-- 13 omit. 14 (4) Section 6(1)(f) to (o)-- 15 renumber as section 6(1)(j) to (s). 16 (5) Section 6(1)(ea) and (eb)-- 17 renumber as section 6(1)(f) and (g). 18 (6) Section 6(1)-- 19 insert-- 20 `(h) to carry out accreditation, recognition and registration functions, 21 delegated under section 26 of the Vocational Education, Training 22 and Employment Act 1991,1 for vocational education programs 23 for students in years 11 and 12;'. 24 (7) Section 6(1)-- 25 insert-- 26 `(i) to develop and approve syllabuses for vocational education 27 1 Section 26 (Power of delegation by Commissioner or standing committees)

 


 

s 11 11 s 12 Education Legislation Amendment programs for students in years 11 and 12;'. 1 (8) Section 6(1)(j)(i), as renumbered, `and until otherwise determined, 2 Junior Certificates'-- 3 omit. 4 (9) Section 6(1)(j)(iii), as renumbered-- 5 omit. 6 (10) Section 6(1)(l), as renumbered, after `moderators'-- 7 insert-- 8 `, or to carry out accreditation, recognition and registration functions for 9 vocational education programs,'. 10 (11) Section 6(2)(b), `Junior Certificates,'-- 11 omit. 12 (12) Section 6-- 13 insert-- 14 `(3) The Board must submit its program for curriculum development in 15 years 11 and 12 to the Council for endorsement and inclusion in the 16 Council's strategic plan for preschool to year 12 curriculum development.'. 17 of s 7 (Board may make by-laws) 18 Amendment Clause 11.(1) Section 7(1)(c) to (i)-- 19 renumber as section 7(1)(d) to (j). 20 (2) Section 7(1)-- 21 insert-- 22 `(c) vocational education programs;'. 23 of s 37 (Functions and powers of subject advisory 24 Amendment committees) 25 Clause 12. Section 37(1)(b)-- 26 omit. 27

 


 

s 13 12 s 13 Education Legislation Amendment of pt 4 (Transitional and special arrangements) 1 Replacement Clause 13. Part 4-- 2 omit insert-- 3 `PART 4--TRANSITIONAL 4 to be re-constituted 5 `Board `41. The existing members of the Board go out of office when section 9 6 of the Education Legislation Amendment Act 19952 commences.'. 7 2 Section 9 (Amendment of section 5 (Constitution of the Board))

 


 

13 Education Legislation Amendment CHEDULE 1 1 ¡S MENDMENT OF EDUCATION (GENERAL 2 A PROVISIONS) ACT 1989 3 section 3 of the Act 4 5 1. Section 10, `sections 3(2), 6(1)(a)(ii), 58(2)(a) and 58(2)(e)'-- 6 omit, insert-- 7 `sections 3(2) and 6(1)(a)(ii)'. 8 2. Section 30(2), `regulations prescribed in that behalf shall'-- 9 omit, insert-- 10 `a regulation may'. 11 3. Section 60-- 12 insert-- 13 `(2) In this section-- 14 ` "to be enrolled" includes to return completed teaching and learning 15 materials regularly to the educational institution.'. 16 17

 


 

14 Education Legislation Amendment CHEDULE 2 1 ¡S AMENDMENT OF EDUCATION (SENIOR 2 SECONDARY SCHOOL STUDIES) ACT 1988 3 section 7 of the Act 4 1. Section 10(2), `a period of 3 years'-- 5 omit, insert-- 6 `no longer than 3 years'. 7 2. Section 11-- 8 omit, insert-- 9 `Limit on consecutive terms of appointment 10 `11. A person may not, without the Minister's approval, be appointed a 11 member of the Board, in the same capacity, for more than 2 consecutive 12 terms of appointment.'. 13 3. Section 24-- 14 omit, insert-- 15 `Delegation by chairperson 16 `24. The chairperson may delegate the chairperson's powers under this 17 Act, except this power of delegation to-- 18 (a) an officer of the Board; or 19 (b) another person.'. 20 4. Section 33(1) and (2)-- 21 omit, insert-- 22 `33.(1) There is an executive officer of the Board of Senior Secondary 23

 


 

15 Education Legislation Amendment School Studies. 1 `(2) The executive officer and the other officers of the Board are to be 2 appointed under the Public Service Management and Employment Act 3 1988.'. 4 5. Section 38-- 5 omit, insert-- 6 `Delegation by Minister 7 `38. The Minister may delegate the Minister's powers under this Act, 8 except the power under section 8,3 to any person.'. 9 6. Sections 40 and 41-- 10 omit, insert-- 11 `Regulations 12 `40. The Governor in Council may make regulations under this Act.'. 13 14 © State of Queensland 1995 3 Section 8 (Board subject to Minister)

 


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