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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Education Legislation
Amendment Bill 2004
Queensland
Education Legislation Amendment
Bill 2004
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Education (Capital Assistance) Act 1993
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 4 (Meaning of capital project) . . . . . . . . . . . . . . 7
6 Amendment of s 10 (Listing with CAA). . . . . . . . . . . . . . . . . . . . . 7
7 Amendment of s 11 (Change of listing) . . . . . . . . . . . . . . . . . . . . 7
8 Insertion of new s 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12A CAAs to notify schools of relevant dates . . . . . . . . . . 8
9 Amendment of s 14 (Certain projects must not be funded) . . . . . 9
10 Amendment of s 15 (Application) . . . . . . . . . . . . . . . . . . . . . . . . . 9
11 Amendment of s 16 (Action by CAA) . . . . . . . . . . . . . . . . . . . . . . 10
12 Replacement of s 21 (CAA to have regard to available funds) 10
21 CAA to have regard to available funds . . . . . . . . . . . . 10
13 Insertion of new pt 5, div 1 hdg and div 2 hdg . . . . . . . . . . . . . . . 11
Division 1 Definitions
21A Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 2 Provision of capital assistance'.
14 Amendment of s 22 (CAA may provide capital assistance) . . . . . 11
15 Insertion of new ss 22A22F . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
22A Application for payment of amount granted for project 11
22B Extension of time for making initial application for
payment ................................ 12
22C Action by CAA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2
Education Legislation Amendment Bill 2004
22D Minister to decide application . . . . . . . . . . . . . . . . . . . 13
22E Revocation of grant of application . . . . . . . . . . . . . . . 13
22F CAA may provide additional capital assistance . . . . . 14
16 Replacement of s 23 (Return by eligible non-State schools) . . . . 15
23 Inspection of records kept by CAAs for approved
applications for capital assistance . . . . . . . . . . . . . . . 15
17 Amendment of s 24 (Return by CAA). . . . . . . . . . . . . . . . . . . . . . 15
18 Insertion of new ss 24A and 24B . . . . . . . . . . . . . . . . . . . . . . . . . 16
24A Power of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
24B Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
19 Insertion of new pt 7, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 3 Transitional provision for Education Legislation
Amendment Act 2004
29 Sections 22(2)(c) and 22A to 22E not applicable to
pre-existing capital assistance . . . . . . . . . . . . . . . . . . 18
Part 3 Amendment of Education (General Provisions) Act 1989
20 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
21 Amendment of s 2 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . 19
22 Insertion of new pt 3, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 4 Provisions relating to mature age students
Subdivision 1 Preliminary
26AA Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
26AB This division applies despite the Criminal Law
(Rehabilitation of Offenders) Act 1986 . . . . . . . . . . . . 21
Subdivision 2 Obligation relating to mature age student
notices
26AC Obligation of mature age State educational
institution's principal . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Subdivision 3 Issue of mature age student notices
26AD Application for mature age student notice . . . . . . . . . 22
26AE Decision on application . . . . . . . . . . . . . . . . . . . . . . . 23
26AF Chief executive to invite submissions from person
about criminal history . . . . . . . . . . . . . . . . . . . . . . . . . 24
26AG Currency of positive notice . . . . . . . . . . . . . . . . . . . . . 25
Subdivision 4 Provisions about criminal history
26AH Criminal history check etc. . . . . . . . . . . . . . . . . . . . . . 25
26AI Notice of change in criminal history . . . . . . . . . . . . . . 26
26AJ Disclosure of change in criminal history. . . . . . . . . . . 27
3
Education Legislation Amendment Bill 2004
26AK Requirements for disclosure. . . . . . . . . . . . . . . . . . . . 27
26AL Use of criminal history information . . . . . . . . . . . . . . . 28
26AM Confidentiality of information about criminal history . . 28
Subdivision 5 Cancellation and replacement of positive
notices
26AN Wrong, incomplete or new information . . . . . . . . . . . . 29
Subdivision 6 Review of decisions
26AO Definition for sdiv 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
26AP Who may apply for review . . . . . . . . . . . . . . . . . . . . . 30
26AQ Applying for review . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
26AR Review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Subdivision 7 General provisions
26AS False or misleading information or documents. . . . . . 31
26AT Time limit on new application for mature age
student notice .......................... 32
23 Insertion of new s 36BA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
36BA Grounds for exclusion of mature age student by chief
executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
24 Amendment of s 38A (Periodic review of decision to
exclude under div 3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
25 Insertion of new pt 8A, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . 33
26 Amendment of s 134A (Provision of scholarships
and allowances) ............................... 33
27 Insertion of new pt 8A, div 2 and div 3 hdg . . . . . . . . . . . . . . . . . 34
Division 2 Financial data
134AB Requirement to give financial data . . . . . . . . . . . . . . . 34
134AC Further information or documents relating to
financial data ...................... 34
134AD False or misleading information or documents. . . . . . 35
134AE Confidentiality of financial data. . . . . . . . . . . . . . . . . . 35
28 Insertion of new s 150A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
150A Allegation of false or misleading information or
document .......................... 36
29 Insertion of new pt 11, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 5 Transitional provisions for Education
Legislation Amendment Act 2004
166F Requirement to give financial data--2002 and 2003 . 36
166G Further information or documents relating to
financial data ......................... 37
166H False or misleading information or documents. . . . . . 37
4
Education Legislation Amendment Bill 2004
166I Confidentiality of financial data. . . . . . . . . . . . . . . . . . 37
166J Further amendment, or repeal, of Education (General
Provisions) Regulation 2000 . . . . . . . . . . . . . . . . . . . 38
Part 4 Amendment of Education (Teacher Registration) Act 1988
30 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
31 Amendment of s 14 (Casual vacancies on the board) . . . . . . . . . 38
32 Insertion of new pt 2, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 4 Extending terms of office of board members
29A Minister may extend terms of office . . . . . . . . . . . . . . 38
Part 5 Amendment of Grammar Schools Act 1975
33 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
34 Amendment of s 11 (Casual vacancies). . . . . . . . . . . . . . . . . . . . 39
35 Amendment of s 15A (By-law making power) . . . . . . . . . . . . . . . 39
36 Amendment of s 51 (Regulation-making power) . . . . . . . . . . . . . 40
Part 6 Amendment of University of Queensland Act 1998
37 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
38 Insertion of new pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Part 8 Transitional provision for continuing in office
particular members holding office in 2004
60 Continuation of particular members . . . . . . . . . . . . . . 40
Part 7 Amendment of Education (General Provisions) Regulation
2000
39 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
40 Replacement of s 59 (Allowances to non-State schools in
receipt of subsidy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
59 Financial data--Act, s 134AB(2) . . . . . . . . . . . . . . . . 41
41 Insertion of new s 76B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
76B Fee--Act, s 26AD(2)(c) . . . . . . . . . . . . . . . . . . . . . . . 41
42 Amendment of sch 1 (Allowances) . . . . . . . . . . . . . . . . . . . . . . . . 42
2004
A Bill
for
An Act to amend Acts administered by the Minister for
Education and the Arts
s1 6 s4
Education Legislation Amendment Bill 2004
Part 1 Preliminary 1
Clause 1 Short title 2
This Act may be cited as the Education Legislation 3
Amendment Act 2004. 4
Clause 2 Commencement 5
Part 2 commences on a day to be fixed by proclamation. 6
Part 2 Amendment of Education 7
(Capital Assistance) Act 1993 8
Clause 3 Act amended in pt 2 9
This part amends the Education (Capital Assistance) 10
Act 1993. 11
Clause 4 Amendment of s 3 (Definitions) 12
(1) Section 3-- 13
insert-- 14
`due day, for part 5, see section 21A. 15
initial application, for part 5, see section 21A.'. 16
(2) Section 3, definition eligible non-State school, 17
paragraph (a)-- 18
omit, insert-- 19
`(a) a school, the governing body of which is eligible for 20
Government funding under the Education 21
(Accreditation of Non-State Schools) Act 2001; and'. 22
s5 7 s7
Education Legislation Amendment Bill 2004
Clause 5 Amendment of s 4 (Meaning of capital project) 1
(1) Section 4(3)(a), example-- 2
omit, insert-- 3
4
`Example--
5
work for the installation of information or communication
6
technology equipment, or air-conditioning'.
(2) Section 4(3)(b), `local authority'-- 7
omit, insert-- 8
`local government'. 9
(3) Section 4(3)(b), `local authority's'-- 10
omit, insert-- 11
`local government's'. 12
(4) Section 4(3)-- 13
insert-- 14
`(c) the payment of an amount to the local government for 15
the area in which the relevant non-State school is 16
located, or is to be relocated, as part of the local 17
government's approval relating to the capital project. 18
19
Example--
20
an amount for the provision of water supply or sewerage
21
services, or for environmental protection'.
Clause 6 Amendment of s 10 (Listing with CAA) 22
Section 10(1), from `in receipt of'-- 23
omit, insert-- 24
`, the governing body of which is eligible for Government 25
funding under the Education (Accreditation of Non-State 26
Schools) Act 2001, to become listed with a CAA.'. 27
Clause 7 Amendment of s 11 (Change of listing) 28
(1) Section 11(2)-- 29
omit, insert-- 30
s8 8 s8
Education Legislation Amendment Bill 2004
`(2) An eligible non-State school may apply to the Minister for an 1
approval under subsection (1) only if-- 2
(a) the application is made not less than 12 months before 3
1 January of the year for which the school is seeking the 4
change of listing to be effective; and 5
(b) all amounts granted to the approved authority of the 6
school for capital assistance for a proposed capital 7
project at the school have been paid to the school; and 8
(c) before making its application, the school gives written 9
notice of its intention to apply for approval to change its 10
listing, including the reasons for the proposed change, to 11
each CAA. 12
`(2A) The application must be in writing.'. 13
(2) Section 11(3), from `the CAA'-- 14
omit, insert-- 15
`each CAA about the application.'. 16
(3) Section 11(4), from `the CAA'-- 17
omit, insert-- 18
`the CAAs.'. 19
(4) Section 11(2A) to (8)-- 20
renumber as section 11(3) to (9). 21
Clause 8 Insertion of new s 12A 22
Part 2, after section 12-- 23
insert-- 24
`12A CAAs to notify schools of relevant dates 25
`(1) Each CAA must give written notice to the approved authority 26
of each of the eligible non-State schools listed with the CAA 27
of the day (the relevant day) before which applications for 28
capital assistance for a year may be made under section 15. 29
`(2) The written notice-- 30
(a) must be given to each approved authority before the day 31
prescribed under a regulation; and 32
s9 9 s 10
Education Legislation Amendment Bill 2004
(b) may provide for different relevant days for capital 1
assistance for different types of capital projects. 2
`(3) Each CAA must have at least 1 relevant day in each year for 3
each type of capital project.'. 4
Clause 9 Amendment of s 14 (Certain projects must not be funded) 5
Section 14(1)(b)(ii) and (3), `usually'-- 6
omit. 7
Clause 10 Amendment of s 15 (Application) 8
(1) Section 15(1), `the day prescribed by regulation for the 9
relevant year'-- 10
omit, insert-- 11
`the relevant day for a year'. 12
(2) Section 15-- 13
insert-- 14
`(1A) Despite subsection (1), an application for capital assistance 15
may be made by the approved authority of an eligible 16
non-State school after the relevant day for the year if the CAA 17
with which the school is listed considers that there are 18
exceptional circumstances.'. 19
(3) Section 15-- 20
insert-- 21
`(5) In this section-- 22
relevant day, for a year, means-- 23
(a) the day notified, under section 12A, to the approved 24
authority of an eligible non-State school by the CAA 25
with which the school is listed for the making of 26
applications for capital assistance of the type concerned 27
for the year; or 28
(b) if the CAA fails to notify the approved authority of an 29
eligible non-State school listed with it of the day under 30
section 12A, the day prescribed under a regulation as the 31
s 11 10 s 12
Education Legislation Amendment Bill 2004
day for the making of applications for capital assistance 1
of the type concerned for the year.'. 2
(4) Section 15(1A) to (5)-- 3
renumber as section 15(2) to (6). 4
Clause 11 Amendment of s 16 (Action by CAA) 5
Section 16(1)(a)-- 6
omit, insert-- 7
`(a) assess it, having regard to-- 8
(i) the criteria prescribed under a regulation; and 9
(ii) other applications for the same type of capital 10
assistance received by the CAA in relation to the 11
same relevant day; and'. 12
Clause 12 Replacement of s 21 (CAA to have regard to available 13
funds) 14
Section 21-- 15
omit, insert-- 16
`21 CAA to have regard to available funds 17
`(1) In making a recommendation to the Minister about an 18
application under section 15 or 18 for capital assistance for a 19
proposed capital project, a CAA must have regard to-- 20
(a) the amount the Minister has advised the CAA is 21
available to provide capital assistance to eligible 22
non-State schools listed with the CAA; or 23
(b) if the Minister has advised the CAA that different 24
amounts are available for different types of capital 25
projects--the amount that is available to provide capital 26
assistance to eligible non-State schools listed with the 27
CAA for capital projects of that type. 28
`(2) Subsection (1) does not apply to making a recommendation 29
about an application for capital assistance for a capital project 30
to the extent it includes work or a payment mentioned in 31
section 4(3)(b) or (c).'. 32
s 13 11 s 15
Education Legislation Amendment Bill 2004
Clause 13 Insertion of new pt 5, div 1 hdg and div 2 hdg 1
Part 5, before section 22-- 2
insert-- 3
`Division 1 Definitions 4
`21A Definitions for pt 5 5
`In this part-- 6
due day, for an initial application for payment of the amount, 7
or part of the amount, granted for a capital assistance project, 8
means-- 9
(a) the day that is 2 years after the day of the Minister's 10
grant of the application for capital assistance for the 11
project; or 12
(b) the later day decided by the Minister under 13
section 22D(4)(b). 14
initial application see section 22A(a). 15
`Division 2 Provision of capital assistance'. 16
Clause 14 Amendment of s 22 (CAA may provide capital assistance) 17
Section 22(2)-- 18
insert-- 19
`(c) the approved authority has applied, under section 22A, 20
for payment of the amount, or part of the amount.'. 21
Clause 15 Insertion of new ss 22A22F 22
Part 5, after section 22-- 23
insert-- 24
`22A Application for payment of amount granted for project 25
`If the Minister grants an application by the approved 26
authority of an eligible non-State school for capital assistance 27
for a proposed capital project, the approved authority must-- 28
s 15 12 s 15
Education Legislation Amendment Bill 2004
(a) apply (an initial application) to the CAA with which the 1
school is listed for payment of the amount, or part of the 2
amount, granted for the project before the due day; or 3
(b) apply, under section 22B, for an extension of time. 4
`22B Extension of time for making initial application for 5
payment 6
`(1) If an approved authority of an eligible non-State school that 7
has been granted capital assistance for a proposed capital 8
project can not make an initial application before the due day, 9
the approved authority may apply to the Minister for an 10
extension of time before which the initial application must be 11
made. 12
13
Example of when initial application can not be made before the due day--
14
at least 25% of the value of the works relating to the project has not been
15
completed in accordance with section 22(2)(b)
`(2) The application must-- 16
(a) be made in writing through the CAA with which the 17
school is listed; and 18
(b) give reasons for the proposed extension of time; and 19
(c) be given to the CAA before the due day. 20
`(3) More than 1 application may be made under this section by an 21
approved authority about the same capital project. 22
`22C Action by CAA 23
`(1) On receipt of an application under section 22B, the CAA must 24
assess it and recommend to the Minister whether it should be 25
granted or refused. 26
`(2) The recommendation must be in writing, give reasons for the 27
recommendation and be given to the Minister together with 28
the application within 28 days after receipt of the application 29
by the CAA. 30
s 15 13 s 15
Education Legislation Amendment Bill 2004
`22D Minister to decide application 1
`(1) On receipt of the recommendation and the application to 2
which it relates, the Minister may grant the application or 3
refuse the application. 4
`(2) In deciding the application, the Minister may have regard 5
solely or principally to the CAA's recommendation. 6
`(3) The Minister must give the approved authority and the CAA 7
written notice of the Minister's decision. 8
`(4) The Minister's notice must state the following-- 9
(a) whether the Minister has granted the application or 10
refused the application; 11
(b) if the Minister granted the application--the day by 12
which the initial application must be made; 13
(c) if the Minister refused to grant the application--the 14
reasons for the refusal. 15
`22E Revocation of grant of application 16
`(1) This section applies if the Minister has granted an application 17
by an approved authority of an eligible non-State school for 18
capital assistance for a proposed capital project (the original 19
grant) and-- 20
(a) neither-- 21
(i) an initial application for payment of capital 22
assistance has been made before the due day; nor 23
(ii) an application by the approved authority for an 24
extension of time in which to make the initial 25
application has been received before the due day 26
by the CAA through which it must be made; or 27
(b) an application by the approved authority for an 28
extension of time in which to make the initial 29
application has been received before the due day by the 30
CAA through which it must be made and has been 31
refused under section 22D. 32
s 15 14 s 15
Education Legislation Amendment Bill 2004
`(2) The original grant is revoked and, if the capital assistance is 1
still required by the school, a fresh application must be made 2
under section 15. 3
`22F CAA may provide additional capital assistance 4
`(1) This section applies if the Minister grants an application by 5
the approved authority of an eligible non-State school for 6
capital assistance for a proposed capital project. 7
`(2) The CAA with which the school is listed may provide an 8
additional amount of capital assistance (additional capital 9
assistance) to the approved authority for the proposed capital 10
project. 11
`(3) However, the CAA may provide the additional capital 12
assistance only if there has been a variation in the cost of the 13
proposed capital project that was not reasonably foreseeable 14
at the time the application for capital assistance was made by 15
the approved authority. 16
`(4) The additional capital assistance must be not more than 10% 17
of the amount granted by the Minister for the proposed capital 18
project. 19
`(5) The CAA may provide the additional capital assistance only 20
from an amount in its Capital Assistance Fund that is-- 21
(a) interest mentioned in section 12(2)(b) or (d); or 22
(b) another amount that is not required to be paid to an 23
approved authority under section 22, including-- 24
(i) an amount returned to the CAA by an approved 25
authority under an agreement mentioned in 26
section 22; and 27
(ii) an amount remaining in the fund because of a 28
revocation under section 22E. 29
`(6) If a CAA provides additional capital assistance to an approved 30
authority it must give the Minister a written notice about the 31
provision of the additional capital assistance, including the 32
amount of the additional capital assistance provided.'. 33
s 16 15 s 17
Education Legislation Amendment Bill 2004
Clause 16 Replacement of s 23 (Return by eligible non-State 1
schools) 2
Section 23-- 3
omit, insert-- 4
`23 Inspection of records kept by CAAs for approved 5
applications for capital assistance 6
`(1) A CAA must permit an approved person-- 7
(a) to inspect, without fee, a record kept by the CAA for an 8
approved application for capital assistance; and 9
(b) to take a copy of, or extract from, the record without fee. 10
`(2) Before inspecting a record kept by the CAA, the approved 11
person must produce a copy of the approved person's approval 12
to the person in charge of the CAA for that person's 13
inspection. 14
`(3) The approved person must, as soon as practicable after 15
inspecting the record, give a report to the Minister about the 16
record's contents. 17
`(4) In this section-- 18
approved person means a person approved by the Minister, in 19
writing, for this section. 20
record, for an approved application for capital assistance, 21
means any document kept by the CAA about the capital 22
project for which the application for capital assistance was 23
granted.'. 24
Clause 17 Amendment of s 24 (Return by CAA) 25
Section 24(1)(c)-- 26
omit, insert-- 27
`(c) giving the following details for each capital project for 28
which the approved authority of an eligible non-State 29
school listed with the CAA received or retained capital 30
assistance in the previous year-- 31
(i) a description of the project; 32
s 18 16 s 18
Education Legislation Amendment Bill 2004
(ii) whether or not the project was completed in the 1
previous year; 2
(iii) the amount spent on the project as at the end of the 3
previous year; 4
(iv) the amount, if any, held on account of the project at 5
the end of the previous year; 6
(v) the amounts, and sources of the amounts, used to 7
fund the project; and'. 8
Clause 18 Insertion of new ss 24A and 24B 9
After section 24-- 10
insert-- 11
`24A Power of entry 12
`(1) This section applies if the Minister grants an application by 13
the approved authority of an eligible non-State school for 14
capital assistance for a proposed capital project for the school. 15
`(2) A person (the nominated person) nominated by the Minister, 16
in writing, may enter the school at any reasonable time to 17
inspect the capital project for which the application for capital 18
assistance was granted. 19
`(3) Before entering the school, the nominated person must give 20
the school's principal reasonable notice that the nominated 21
person intends to enter the school. 22
`(4) Before inspecting the capital project, the nominated person 23
must produce to the school's principal a copy of the 24
nomination for the principal's inspection. 25
`24B Guidelines 26
`(1) The Minister may issue guidelines for this Act. 27
`(2) Without limiting subsection (1), a guideline may give 28
guidance about-- 29
(a) administrative matters relevant to applications under this 30
Act; or 31
s 18 17 s 18
Education Legislation Amendment Bill 2004
(b) how an applicant should deal with issues involved in the 1
proper formulation of the application; or 2
(c) how funds will be allocated and paid to a CAA, and how 3
a CAA may use the funds; or 4
(d) the information to be kept by a CAA about capital 5
projects for which applications for assistance have been 6
granted. 7
`(3) A guideline may be replaced or varied by a later guideline 8
issued under this section. 9
`(4) The chief executive must keep a copy of a guideline, issued 10
under this section, available for inspection and permit a 11
person-- 12
(a) to inspect the guideline without fee; and 13
(b) to take extracts from the guideline without fee. 14
`(5) For subsection (4)-- 15
(a) a copy of the guideline-- 16
(i) must be kept at the head office of the department; 17
and 18
(ii) may be kept at any other place the chief executive 19
considers appropriate; and 20
(b) the copy kept under paragraph (a) must be available for 21
inspection during office hours on business days for the 22
office or place. 23
`(6) Also, the chief executive must keep a copy of a guideline, 24
issued under this section, available for supply to a person and 25
permit a person to obtain a copy of the guideline, or a part of 26
the guideline, without fee. 27
`(7) In addition, the chief executive must keep a copy of a 28
guideline, issued under this section, posted on the 29
department's web site on the internet.1'. 30
1 The department's web site address on the internet is .
s 19 18 s 20
Education Legislation Amendment Bill 2004
Clause 19 Insertion of new pt 7, div 3 1
After section 28-- 2
insert-- 3
`Division 3 Transitional provision for Education 4
Legislation Amendment Act 2004 5
`29 Sections 22(2)(c) and 22A to 22E not applicable to 6
pre-existing capital assistance 7
`(1) This section applies if-- 8
(a) before the commencement, the Minister has granted an 9
application by the approved authority of an eligible 10
non-State school for capital assistance for a proposed 11
capital project; and 12
(b) immediately before the commencement, the CAA with 13
which the school is listed has not, under section 22, 14
provided the approved authority with the amount 15
granted for the project. 16
`(2) On the commencement, section 22 continues to apply to the 17
payment of the amount by the CAA to the approved authority 18
as if section 22(2)(c) had not commenced and sections 22A to 19
22E do not apply to the payment. 20
`(3) In this section-- 21
commencement means commencement of this section.'. 22
Part 3 Amendment of Education 23
(General Provisions) Act 1989 24
Clause 20 Act amended in pt 3 25
This part amends the Education (General Provisions) Act 26
1989. 27
s 21 19 s 21
Education Legislation Amendment Bill 2004
Clause 21 Amendment of s 2 (Interpretation) 1
Section 2(1)-- 2
insert-- 3
`charge, for part 3, division 4, see section 26AA. 4
conviction, for part 3, division 4, see section 26AA. 5
criminal history, for part 3, division 4, see section 26AA. 6
financial data, for a non-State school in receipt of subsidy, 7
means the following-- 8
(a) details of the school's recurrent income; 9
(b) details of the school's capital income; 10
(c) details of the school's recurrent expenses; 11
(d) details of the school's capital expenses; 12
(e) details of the school's profit or loss in carrying out each 13
of its incidental business activities; 14
(f) details of the school's loans; 15
(g) other financial details, for the school, prescribed under a 16
regulation. 17
mature age State educational institution, for part 3, 18
division 4, see section 26AA. 19
mature age student, for part 3, division 4, see section 26AA. 20
mature age student notice, for part 3, division 4, see 21
section 26AA. 22
negative notice, for part 3, division 4, see section 26AA. 23
non-State school in receipt of subsidy means a school 24
mentioned in paragraph (b) of the definition school in receipt 25
of subsidy in section 134A(1). 26
notice, for part 3, division 4, see section 26AA. 27
original decision, for part 3, division 4, subdivision 6, see 28
section 26AO. 29
positive notice, for part 3, division 4, see section 26AA. 30
serious offence, for part 3, division 4, see section 26AA.'. 31
s 22 20 s 22
Education Legislation Amendment Bill 2004
Clause 22 Insertion of new pt 3, div 4 1
Before part 4-- 2
insert-- 3
`Division 4 Provisions relating to mature age 4
students 5
`Subdivision 1 Preliminary 6
`26AA Definitions for div 4 7
`In this division-- 8
charge, for an offence, in relation to a charge made outside 9
Queensland, means any allegation of an offence made in a 10
way that is the same as, or substantially the same as, a charge 11
under the law of the State. 12
conviction means a finding of guilt by a court, or the 13
acceptance of a plea of guilty by a court, whether or not a 14
conviction is recorded. 15
criminal history, of a person, means-- 16
(a) every conviction of the person for an offence, in 17
Queensland or elsewhere, at any time and whether 18
before or after the commencement of this division; and 19
(b) every charge made against the person for an offence, in 20
Queensland or elsewhere, at any time and whether 21
before or after the commencement of this division and 22
whatever the outcome of the charge. 23
mature age State educational institution means a State 24
educational institution other than-- 25
(a) a school of distance education; or 26
(b) a special school. 27
mature age student, in relation to a mature age State 28
educational institution, means an adult enrolled with the 29
institution. 30
mature age student notice means a mature age student notice 31
issued under section 26AE. 32
s 22 21 s 22
Education Legislation Amendment Bill 2004
negative notice see section 26AE(1)(b). 1
notice means written notice. 2
positive notice see section 26AE(1)(a). 3
serious offence see the Commission for Children and Young 4
People and Child Guardian Act 2000, schedule 4. 5
`26AB This division applies despite the Criminal Law 6
(Rehabilitation of Offenders) Act 1986 7
`This division applies to a person despite anything in the 8
Criminal Law (Rehabilitation of Offenders) Act 1986. 9
`Subdivision 2 Obligation relating to mature age 10
student notices 11
`26AC Obligation of mature age State educational 12
institution's principal 13
`(1) A mature age State educational institution's principal must not 14
enrol a person as a mature age student with the institution 15
unless the person has a current positive notice for the 16
enrolment. 17
`(2) Subsection (1) does not apply if-- 18
(a) the person has previously been enrolled with a non-State 19
school or State educational institution (the previous 20
school or institution); and 21
(b) the period commencing on the last day of attendance of 22
the person at the previous school or institution and 23
ending on the day before the proposed first day of 24
attendance of the person at the mature age State 25
educational institution is not more than 12 months. 26
s 22 22 s 22
Education Legislation Amendment Bill 2004
`Subdivision 3 Issue of mature age student notices 1
`26AD Application for mature age student notice 2
`(1) A person, other than a visa holder, who wishes to be a mature 3
age student of a particular mature age State educational 4
institution may apply to the chief executive for a mature age 5
student notice stating whether the person is a suitable person 6
to be a mature age student of the institution. 7
`(2) The application must be-- 8
(a) in the approved form; and 9
(b) signed by the person; and 10
(c) accompanied by the fee prescribed under a regulation. 11
`(3) The approved form must include provision for identifying 12
information about the person. 13
`(4) The person may withdraw the application at any time before it 14
is decided. 15
`(5) On receiving the application, the chief executive may ask the 16
person, orally or in writing, for further information that the 17
chief executive reasonably needs to establish the person's 18
identity. 19
`(6) The person is taken to have withdrawn the application if-- 20
(a) the chief executive gives the person a notice-- 21
(i) asking the person to provide, within a reasonable 22
stated time, stated information that the chief 23
executive reasonably needs to establish the 24
person's identity; and 25
(ii) warning the person that, if the person does not 26
comply with the request, the person's application 27
will be taken to have been withdrawn; and 28
(b) the person does not comply with the request within the 29
stated time; and 30
(c) the chief executive can not establish with certainty the 31
person's identity; and 32
s 22 23 s 22
Education Legislation Amendment Bill 2004
(d) the chief executive gives the person a notice stating that 1
the person is taken to have withdrawn the application. 2
`(7) In this section-- 3
visa holder means a person who holds a visa issued under the 4
Migration Act 1958 (Cwlth). 5
`26AE Decision on application 6
`(1) The chief executive must decide the application, as soon as 7
practicable after receiving it, by issuing-- 8
(a) a mature age student notice declaring the person to be a 9
suitable person to be a mature age student of the 10
institution (a positive notice); or 11
(b) a mature age student notice declaring the person to be an 12
unsuitable person to be a mature age student of the 13
institution (a negative notice). 14
`(2) If the chief executive is not aware of any convictions or 15
charges of the person for any offence, the chief executive must 16
issue a positive notice. 17
`(3) Subsection (4) applies if the chief executive is aware of-- 18
(a) a conviction of the person for an offence, other than a 19
serious offence; or 20
(b) a charge of the person for an offence. 21
`(4) The chief executive must issue a positive notice unless the 22
chief executive is satisfied it is an exceptional case in which it 23
would not be in the best interests of children for the chief 24
executive to issue a positive notice. 25
`(5) If the chief executive is aware of a conviction of the person for 26
a serious offence, the chief executive must issue a negative 27
notice unless the chief executive is satisfied it is an 28
exceptional case in which it would not harm the best interests 29
of children for the chief executive to issue a positive notice. 30
`(6) If the chief executive is aware of a conviction or charge of the 31
person for an offence, the chief executive must decide the 32
application having regard to the following matters relating to 33
the commission, or alleged commission, of the offence by the 34
person-- 35
s 22 24 s 22
Education Legislation Amendment Bill 2004
(a) whether it is a conviction or a charge; 1
(b) whether the offence is a serious offence; 2
(c) when the offence was committed or is alleged to have 3
been committed; 4
(d) the nature of the offence and its relevance to the person 5
being a mature age student of the institution; 6
(e) anything else the chief executive reasonably considers to 7
be relevant to the assessment of the person. 8
`(7) On deciding the application, the chief executive must-- 9
(a) issue the mature age student notice to the person; and 10
(b) give a copy of the notice to the institution's principal. 11
`(8) A negative notice issued to the person must be accompanied 12
by a notice stating-- 13
(a) the reasons for the chief executive's decision on the 14
application; and 15
(b) that, within 40 days after receiving the notices, the 16
person may apply to the chief executive to have the 17
decision reviewed; and 18
(c) how the person may apply for the review. 19
20
`26AF Chief executive to invite submissions from person 21
about criminal history 22
`(1) If the chief executive proposes to decide the application by 23
issuing a negative notice, the chief executive must give the 24
person a notice-- 25
(a) stating information about the person's criminal history 26
of which the chief executive is aware; and 27
(b) inviting the person to give the chief executive, within a 28
stated time, a submission (oral or written) about the 29
information or about the person's suitability to be a 30
mature age student of the institution. 31
`(2) The stated time must be reasonable and, in any case, at least 32
7 days after the chief executive gives the notice to the person. 33
s 22 25 s 22
Education Legislation Amendment Bill 2004
`(3) Before deciding the application, the chief executive must 1
consider any submission received from the person within the 2
stated time. 3
`26AG Currency of positive notice 4
`A positive notice remains current for a period of 6 months 5
after it is issued. 6
`Subdivision 4 Provisions about criminal history 7
`26AH Criminal history check etc. 8
`(1) This section applies to a person if-- 9
(a) the chief executive has received an application for a 10
mature age student notice about the person and the 11
application has not been withdrawn; or 12
(b) the person has been issued with a positive notice for a 13
particular mature age State educational institution, but 14
has not become a mature age student of the institution; 15
or 16
(c) the person-- 17
(i) is a mature age student of a mature age State 18
educational institution; and 19
(ii) was 18 years or more on the day of enrolment with 20
the institution. 21
`(2) The chief executive may ask the commissioner of the police 22
service to give the chief executive a written report about the 23
criminal history of the person. 24
`(3) Also, the chief executive may ask the commissioner of the 25
police service to give the chief executive a brief description of 26
the circumstances of a conviction or charge, for an offence, 27
mentioned in the person's criminal history. 28
`(4) Subject to subsection (5), the commissioner of the police 29
service must comply with a request under subsection (2) or 30
(3). 31
s 22 26 s 22
Education Legislation Amendment Bill 2004
`(5) The duty imposed on the commissioner of the police service 1
to comply with the request applies only to information in the 2
possession of the commissioner or to which the commissioner 3
has access. 4
`26AI Notice of change in criminal history 5
`(1) If the commissioner of the police service reasonably suspects 6
that a person who is charged with an offence is a person 7
mentioned in section 26AH(1)(a) to (c), the commissioner 8
may notify the chief executive about the change in the 9
person's criminal history. 10
`(2) The notice must state the following-- 11
(a) the person's name and address; 12
(b) the person's date of birth; 13
(c) the offence the person was charged with; 14
(d) particulars of the offence; 15
(e) the date of the charge. 16
`(3) The chief executive may confirm the suspicions of the 17
commissioner of the police service under subsection (1). 18
`(4) If the person is a person to whom section 26AJ(2) applies, the 19
chief executive, on receiving notice under subsection (1), may 20
write to the person to inform the person of the person's 21
obligations under section 26AJ(2). 22
`(5) For this section, the chief executive may give the 23
commissioner of the police service-- 24
(a) information as to whether the person is a person 25
mentioned in section 26AH(1)(a) to (c); and 26
(b) if the person is a person mentioned in 27
section 26AH(1)(a) to (c), the name of the person and 28
other identifying information about the person, 29
including the person's date and place of birth and any 30
alias. 31
`(6) Information given to the commissioner of the police service 32
under subsection (5) must be used only for this division. 33
s 22 27 s 22
Education Legislation Amendment Bill 2004
`26AJ Disclosure of change in criminal history 1
`(1) Subsection (2) applies to a person who-- 2
(a) is a mature age student of a mature age State educational 3
institution; and 4
(b) was 18 years or more on the day of enrolment with the 5
institution. 6
`(2) If there is a change in the person's criminal history, the person 7
must immediately disclose to the chief executive the details of 8
the change. 9
Maximum penalty--20 penalty units. 10
`(3) For a person who does not have a criminal history, there is 11
taken to be a change in the person's criminal history if the 12
person acquires a criminal history. 13
`26AK Requirements for disclosure 14
`(1) To comply with section 26AJ(2), a person must give the chief 15
executive a disclosure in the approved form. 16
`(2) The information disclosed by a person about a conviction or 17
charge for an offence in the person's criminal history must 18
include-- 19
(a) the existence of the conviction or charge; and 20
(b) when the offence was committed or alleged to have been 21
committed; and 22
(c) enough details to identify the offence or alleged offence; 23
and 24
(d) for a conviction, whether or not a conviction was 25
recorded and the sentence imposed on the person. 26
s 22 28 s 22
Education Legislation Amendment Bill 2004
`26AL Use of criminal history information 1
`The chief executive must not use information obtained under 2
this division about a person's criminal history other than for 3
this division or part 4, division 3A.2 4
`26AM Confidentiality of information about criminal history 5
`(1) This section applies to a person who-- 6
(a) is, or has been, an officer of the department; and 7
(b) in that capacity acquired information, or gained access 8
to a document, under this division about someone else's 9
criminal history. 10
`(2) The person must not disclose the information, or give access 11
to the document, to anyone else. 12
Maximum penalty--20 penalty units. 13
`(3) Subsection (2) does not apply to the disclosure of information, 14
or giving of access to a document, about a person-- 15
(a) to the chief executive for the purpose of the chief 16
executive deciding whether to-- 17
(i) issue a mature age student notice to the person; or 18
(ii) cancel a positive notice issued to the person; or 19
(iii) exclude the person from a State educational 20
institution under part 4, division 3A; or 21
(b) with the person's consent; or 22
(c) if the disclosure or giving of access is permitted or 23
required under an Act or other law. 24
2 Part 4 (Good order and management of State educational institutions), division 3A
(Exclusion of students by chief executive)
s 22 29 s 22
Education Legislation Amendment Bill 2004
`Subdivision 5 Cancellation and replacement of 1
positive notices 2
`26AN Wrong, incomplete or new information 3
`(1) This section applies to a person who has been issued with a 4
positive notice for a mature age State educational institution, 5
but has not become a mature age student of the institution. 6
`(2) The chief executive may cancel the positive notice (the first 7
notice) and substitute a negative notice (the new notice) if the 8
chief executive is satisfied-- 9
(a) the decision on the application for the first notice was 10
based on wrong or incomplete information; and 11
(b) based on the correct or complete information, the chief 12
executive should issue the new notice. 13
`(3) Also, the chief executive may cancel a positive notice about 14
the person and substitute a negative notice (also the new 15
notice), having regard to information about the person 16
received by the chief executive under section 26AI(1).3 17
`(4) However, if the chief executive proposes to substitute a 18
negative notice, the chief executive must first comply with 19
section 26AF,4 as if-- 20
(a) the reference in section 26AF(1) to deciding the 21
application by issuing a negative notice were a reference 22
to substituting a negative notice for a positive notice; 23
and 24
(b) the reference in section 26AF(3) to deciding the 25
application were a reference to substituting a negative 26
notice for a positive notice. 27
`(5) The chief executive must-- 28
(a) issue the new notice to the person; and 29
3 Section 26AI (Notice of change in criminal history)
4 Section 26AF (Chief executive to invite submissions from person about criminal
history)
s 22 30 s 22
Education Legislation Amendment Bill 2004
(b) give a copy of the new notice to the institution's 1
principal. 2
`(6) A new notice issued to the person under subsection (5) must 3
be accompanied by a notice stating-- 4
(a) the reasons for the chief executive's decision to issue the 5
new notice; and 6
(b) that, within 40 days after receiving the notices, the 7
person may apply to the chief executive to have the 8
decision reviewed; and 9
(c) how the person may apply for the review. 10
`Subdivision 6 Review of decisions 11
`26AO Definition for sdiv 6 12
`In this subdivision-- 13
original decision see section 26AP. 14
`26AP Who may apply for review 15
`A person may apply to the chief executive for a review of a 16
decision (the original decision) of the chief executive to issue 17
the person with a negative notice for a mature age State 18
educational institution. 19
`26AQ Applying for review 20
`(1) The application must be made within 40 days after the person 21
is given notice of the original decision. 22
`(2) The chief executive may, at any time, extend the time for 23
applying for the review. 24
`(3) The application for review must be in writing and state fully 25
the grounds of the application. 26
`26AR Review decision 27
`(1) The chief executive must conduct the review on-- 28
s 22 31 s 22
Education Legislation Amendment Bill 2004
(a) the material that led to the original decision; and 1
(b) the reasons for the original decision; and 2
(c) any other relevant material the chief executive allows 3
(the allowed material). 4
`(2) For the review, the chief executive must give the applicant a 5
reasonable opportunity to make written representations to the 6
chief executive. 7
`(3) Without limiting subsection (2), if the allowed material affects 8
the chief executive's decision, the chief executive must give 9
the applicant a reasonable opportunity to make written 10
representations to the chief executive on the material. 11
`(4) After reviewing the original decision, the chief executive must 12
make a further decision (the review decision) to-- 13
(a) confirm the original decision; or 14
(b) cancel the negative notice and substitute a positive 15
notice. 16
`(5) The chief executive must, as soon as practicable, give the 17
applicant notice (the review notice) of the review decision. 18
`(6) If the review decision is to confirm the original decision, the 19
review notice must also state the reasons for the review 20
decision. 21
`(7) If the review decision is to cancel the negative notice and 22
substitute a positive notice, the chief executive must-- 23
(a) issue the positive notice to the person; and 24
(b) give a copy of the positive notice to the institution's 25
principal. 26
`Subdivision 7 General provisions 27
`26AS False or misleading information or documents 28
`(1) A person must not under this division give information to the 29
chief executive the person knows is false or misleading in a 30
material particular. 31
Maximum penalty--20 penalty units. 32
s 23 32 s 23
Education Legislation Amendment Bill 2004
`(2) A person must not under this division give the chief executive 1
a document containing information the person knows is false 2
or misleading in a material particular. 3
Maximum penalty--20 penalty units. 4
`(3) Subsection (2) does not apply to a person if the person, when 5
giving the document-- 6
(a) tells the chief executive, to the best of the person's 7
ability, how it is false or misleading; and 8
(b) if the person has, or can reasonably obtain, the correct 9
information--gives the correct information. 10
`26AT Time limit on new application for mature age 11
student notice 12
`(1) This section applies if-- 13
(a) a person makes an application for a mature age student 14
notice (the first application) in relation to a particular 15
mature age State educational institution; and 16
(b) the chief executive decides the application by issuing the 17
person with a negative notice. 18
`(2) The person may not make another application for a mature 19
age student notice in relation to the institution within 1 year 20
after the person is notified of the decision on the first 21
application.'. 22
Clause 23 Insertion of new s 36BA 23
After section 36B-- 24
insert-- 25
`36BA Grounds for exclusion of mature age student by chief 26
executive 27
`(1) This section applies to a person who-- 28
(a) is a mature age student of a mature age State educational 29
institution; and 30
(b) was 18 years or more on the day of enrolment with the 31
institution. 32
s 24 33 s 26
Education Legislation Amendment Bill 2004
`(2) Despite section 33 and without limiting section 36B(a), each 1
of the following is a ground for excluding the student from the 2
institution under this division-- 3
(a) the student has been convicted of a serious offence; 4
(b) the student has been convicted of an offence, other than 5
a serious offence and the chief executive is satisfied it is 6
an exceptional case in which it would not be in the best 7
interests of children for the student to continue to be 8
enrolled at the institution; 9
(c) the student has been charged with an offence and the 10
chief executive is satisfied it is an exceptional case in 11
which it would not be in the best interests of children for 12
the student to continue to be enrolled at the institution.'. 13
Clause 24 Amendment of s 38A (Periodic review of decision to 14
exclude under div 3A) 15
(1) Section 38A heading, `under div 3A'-- 16
omit, insert-- 17
`on ground mentioned in s 36B'. 18
(2) Section 38A(1), `under division 3A'-- 19
omit, insert-- 20
`on a ground mentioned in section 36B'. 21
Clause 25 Insertion of new pt 8A, div 1 hdg 22
Part 8A, before section 134A-- 23
insert-- 24
`Division 1 Scholarships and allowances'. 25
Clause 26 Amendment of s 134A (Provision of scholarships 26
and allowances) 27
Section 134A(2), `, in accordance with regulations made in 28
that behalf'-- 29
omit. 30
s 27 34 s 27
Education Legislation Amendment Bill 2004
Clause 27 Insertion of new pt 8A, div 2 and div 3 hdg 1
After section 134A-- 2
insert-- 3
`Division 2 Financial data 4
`134ABRequirement to give financial data 5
`(1) The purpose of this section is to enable the Minister to obtain 6
information in relation to a non-State school in receipt of 7
subsidy for deciding the amount of an allowance payable 8
under section 134A(2)(b) for students attending the school. 9
`(2) The governing body of a non-State school in receipt of 10
subsidy must on or before the day prescribed under a 11
regulation give the Minister financial data, for the school, 12
relating to the previous year of operation of the school. 13
`(3) The data must be provided in the approved form. 14
`(4) The source of the data must be the audited financial 15
statements for the school's governing body for the relevant 16
year. 17
`(5) Subsection (1) does not limit the matters the Minister may 18
have regard to in deciding the amount of an allowance payable 19
under section 134A(2)(b). 20
`(6) Subsection (2) does not apply if the school has been in 21
operation for less than the whole of the relevant year. 22
`134ACFurther information or documents relating to 23
financial data 24
`(1) This section applies to the governing body of a school that has 25
given financial data for the school to the Minister under 26
section 134AB. 27
`(2) The Minister may by written notice given to the governing 28
body require it to give the Minister, within a reasonable time 29
of at least 28 days stated in the notice, further information or a 30
document the Minister reasonably requires about the data. 31
`(3) The governing body must comply with the requirement within 32
the stated time. 33
s 27 35 s 27
Education Legislation Amendment Bill 2004
`134ADFalse or misleading information or documents 1
`(1) A school's governing body must not under section 134AB or 2
134AC give information to the Minister the governing body 3
knows is false or misleading in a material particular. 4
Maximum penalty--20 penalty units. 5
`(2) A school's governing body must not under section 134AB or 6
134AC give the Minister a document containing information 7
the governing body knows is false or misleading in a material 8
particular. 9
Maximum penalty--20 penalty units. 10
`(3) Subsection (2) does not apply to a school's governing body if 11
the governing body, when giving the document-- 12
(a) tells the Minister, to the best of the governing body's 13
ability, how it is false or misleading; and 14
(b) if the governing body has, or can reasonably obtain, the 15
correct information--gives the correct information. 16
`134AEConfidentiality of financial data 17
`(1) This section applies to the following persons-- 18
(a) a person who is, or was, the Minister; 19
(b) another person who is, or was, involved in the 20
administration of this division, including, for example, 21
as a public service employee. 22
`(2) The person must not disclose protected information to anyone 23
else. 24
Maximum penalty--50 penalty units. 25
`(3) Subsection (2) does not apply if-- 26
(a) the information is disclosed-- 27
(i) in the performance of functions under this division; 28
or 29
(ii) with the written consent of the governing body of 30
the school to which the information relates; or 31
(b) the information is otherwise publicly available; or 32
s 28 36 s 29
Education Legislation Amendment Bill 2004
(c) the disclosure of the information is permitted or 1
required under an Act or other law. 2
`(4) In this section-- 3
information includes a document. 4
protected information means information disclosed to, or 5
obtained by, a person to whom this section applies under 6
section 134AB or 134AC. 7
`Division 3 Giving of allowance acquittal 8
details'. 9
Clause 28 Insertion of new s 150A 10
After section 150-- 11
insert-- 12
`150A Allegation of false or misleading information or 13
document 14
`In any proceeding for an offence against this Act defined as 15
involving false or misleading information, or a false or 16
misleading document, it is enough for a charge to state that 17
the information or document was, without specifying which, 18
`false or misleading'.'. 19
Clause 29 Insertion of new pt 11, div 5 20
Before part 12-- 21
insert-- 22
`Division 5 Transitional provisions for 23
Education Legislation Amendment 24
Act 2004 25
`166F Requirement to give financial data--2002 and 2003 26
`(1) This section applies to a non-State school in receipt of subsidy 27
that was in operation for the whole of 2003. 28
s 29 37 s 29
Education Legislation Amendment Bill 2004
`(2) For section 134AB(1), the governing body of the school must 1
on or before 14 February 2005 give the Minister financial 2
data, for the school, relating to 2003. 3
`(3) Also, for section 134AB(1), if the school was in operation for 4
the whole of 2002, the governing body of the school must on 5
or before 14 February 2005 give the Minister financial data, 6
for the school, relating to 2002. 7
`(4) The data must be provided in the approved form. 8
`(5) The source of the data must be the audited financial 9
statements for the school's governing body for the relevant 10
year. 11
`166G Further information or documents relating to 12
financial data 13
`For this division, section 134AC applies to the governing 14
body of a school as if a reference in that section to 15
section 134AB were a reference to section 166F. 16
`166H False or misleading information or documents 17
`For this division, section 134AD applies to the governing 18
body of a school as if-- 19
(a) a reference in that section to section 134AB were a 20
reference to section 166F; and 21
(b) a reference in that section to section 134AC were a 22
reference to section 134AC, as applied by 166G. 23
`166I Confidentiality of financial data 24
`For this division, section 134AE applies to a person as if-- 25
(a) a reference in that section to section 134AB were a 26
reference to section 166F; and 27
(b) a reference in that section to section 134AC were a 28
reference to section 134AC, as applied by 166G. 29
s 30 38 s 32
Education Legislation Amendment Bill 2004
`166J Further amendment, or repeal, of Education (General 1
Provisions) Regulation 2000 2
`The amendment of the Education (General Provisions) 3
Regulation 2000 by the Education Legislation Amendment Act 4
2004 does not affect the power of the Governor in Council to 5
further amend that regulation or to repeal it.'. 6
Part 4 Amendment of Education 7
(Teacher Registration) Act 1988 8
Clause 30 Act amended in pt 4 9
This part amends the Education (Teacher Registration) Act 10
1988. 11
Clause 31 Amendment of s 14 (Casual vacancies on the board) 12
Section 14(5), from `term'-- 13
omit, insert-- 14
`term of office of the person's predecessor.'. 15
Clause 32 Insertion of new pt 2, div 4 16
Part 2-- 17
insert-- 18
`Division 4 Extending terms of office of board 19
members 20
`29A Minister may extend terms of office 21
`(1) The Minister may, by written notice given to the board, extend 22
the terms of office of members of the board for not more than 23
2 years if the Minister is satisfied the extension is necessary 24
for the board to perform its functions and exercise its powers 25
appropriately, effectively and efficiently. 26
s 33 39 s 35
Education Legislation Amendment Bill 2004
`(2) If the Minister acts under subsection (1), the Minister must 1
extend, by the same amount, the terms of office of all the 2
members. 3
`(3) This section-- 4
(a) does not allow the Minister to extend the terms of office 5
of the members for more than 2 years by again acting 6
under subsection (1); and 7
(b) applies despite section 9.5'. 8
Part 5 Amendment of Grammar 9
Schools Act 1975 10
Clause 33 Act amended in pt 5 11
This part amends the Grammar Schools Act 1975. 12
Clause 34 Amendment of s 11 (Casual vacancies) 13
Section 11(1B), `as prescribed'-- 14
omit. 15
Clause 35 Amendment of s 15A (By-law making power) 16
(1) Section 15A-- 17
insert-- 18
`(1A) A by-law made under subsection (1)(a) may provide for an 19
amount that is an electoral eligibility amount in relation to all 20
elections or a specified election.'. 21
(2) Section 15A(3), `subsection (2)'-- 22
omit, insert-- 23
`subsection (3)'. 24
5 Section 9 (Members' term of appointment)
s 36 40 s 38
Education Legislation Amendment Bill 2004
(3) Section 15A(1A) to (4)-- 1
renumber as section 15A(2) to (5). 2
Clause 36 Amendment of s 51 (Regulation-making power) 3
Section 51-- 4
insert-- 5
`(4) A regulation made under subsection (3)(a)(i) or (ii) may 6
provide for an amount that is an electoral eligibility amount in 7
relation to all elections or a specified election.'. 8
Part 6 Amendment of University of 9
Queensland Act 1998 10
Clause 37 Act amended in pt 6 11
This part amends the University of Queensland Act 1998. 12
Clause 38 Insertion of new pt 8 13
After section 59-- 14
insert-- 15
`Part 8 Transitional provision for 16
continuing in office particular 17
members holding office in 2004 18
`60 Continuation of particular members 19
`(1) This section applies to a person who was an appointed, 20
elected or additional member immediately before the 21
commencement of the section. 22
s 39 41 s 41
Education Legislation Amendment Bill 2004
`(2) Despite sections 18, 19(1) and 20,6 the person continues as an 1
appointed, elected or additional member until-- 2
(a) 1 January 2006; or 3
(b) the person's office sooner becomes vacant.'. 4
Part 7 Amendment of Education 5
(General Provisions) 6
Regulation 2000 7
Clause 39 Regulation amended 8
This part amends the Education (General Provisions) 9
Regulation 2000. 10
Clause 40 Replacement of s 59 (Allowances to non-State schools in 11
receipt of subsidy) 12
Section 59-- 13
omit, insert-- 14
`59 Financial data--Act, s 134AB(2) 15
`For section 134AB(2)7 of the Act, the day is 30 June of each 16
year.'. 17
Clause 41 Insertion of new s 76B 18
Part 9, after section 76A-- 19
insert-- 20
`76B Fee--Act, s 26AD(2)(c) 21
`For section 26AD(2)(c)8 of the Act, the fee is $21.00.'. 22
6 Sections 18 (Appointed member's term of office), 19 (Elected member's term of
office) and 20 (Additional member's term of office)
7 Section 134AB (Requirement to give financial data) of the Act
8 Section 26AD (Application for mature age student notice) of the Act
s 42 42 s 42
Education Legislation Amendment Bill 2004
Clause 42 Amendment of sch 1 (Allowances) 1
(1) Schedule 1, `sections 57, 59'-- 2
omit, insert-- 3
`sections 57'. 4
(2) Schedule 1, part 2-- 5
omit. 6
© State of Queensland 2004
AMENDMENTS TO BILL
1
Education Legislation Amendment Bill 2004
Education Legislation Amendment
Bill 2004
Amendments agreed to during Consideration
1 Clause 2--
At page 6, lines 5 and 6--
omit, insert--
`2 Commencement
`(1) The following provisions commence on 1 January 2005--
· section 21 (other than to the extent it inserts the
definitions financial data and non-State school in
receipt of subsidy)
· sections 22 to 24 and 41.
`(2) Part 2 commences on a day to be fixed by proclamation.'.
2 Clause 41--
At page 41, after line 22--
insert--
` `(2) However, the chief executive may waive, entirely or partly,
payment of the fee if the chief executive is satisfied payment
of the fee would cause financial hardship to the person liable
to pay it.'.'.
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