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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Education (Accreditation of
Non-State Schools) and Other
Legislation Amendment Bill
2005
Queensland
Education (Accreditation of Non-State
Schools) and Other Legislation
Amendment Bill 2005
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Education (Accreditation of Non-State
Schools) Act 2001
2 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Amendment of s 3 (Objects of Act) . . . . . . . . . . . . . . . . . . . . . . . 6
4 Insertion of new s 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
7A Meaning of prohibited arrangement . . . . . . . . . . . . . . 7
5 Amendment of s 17 (If applicant seeks government funding for
the school) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Insertion of new ss 17A and 17B . . . . . . . . . . . . . . . . . . . . . . . . . 7
17A Further information or documents . . . . . . . . . . . . . . . 7
17B Board not satisfied about particular matter . . . . . . . . 8
7 Amendment of s 39 (Suitability of governing body) . . . . . . . . . . . 8
8 Amendment of s 41 (Criminal history reports for investigation) . . 9
9 Insertion of new s 41A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
41A Report by assessor . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10 Amendment of s 52 (Decision of board) . . . . . . . . . . . . . . . . . . . . 9
11 Insertion of new s 52A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
52A Deemed eligibility for Government funding. . . . . . . . . 10
12 Amendment of s 72 (Restrictions on application for Government
funding for school) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
13 Replacement of s 73 (Application for Government funding for
accredited school) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 1 Application for accredited school
2
Education (Accreditation of Non-State Schools) and
Other Legislation Amendment Bill 2005
73 Application for Government funding for accredited
school ............................... 11
73A Further information or documents . . . . . . . . . . . . . . . 12
73B Report by assessor . . . . . . . . . . . . . . . . . . . . . . . . . . 12
73C Board not satisfied about particular matter . . . . . . . . 13
14 Insertion of new ch 3, pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Part 5A Restriction on type of corporation
91A Restriction on type of corporation that may be eligible
for Government funding for a school . . . . . . . . . . . . . 13
15 Amendment of s 93 (Grounds for withdrawal) . . . . . . . . . . . . . . . 13
16 Insertion of new s 98A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
98A Report by assessor . . . . . . . . . . . . . . . . . . . . . . . . . . 14
17 Amendment of s 106 (Functions of board) . . . . . . . . . . . . . . . . . . 14
18 Replacement of s 141 (Function of assessor) . . . . . . . . . . . . . . . 15
141 Functions of assessor . . . . . . . . . . . . . . . . . . . . . . . . 15
19 Amendment of s 150 (Purpose of div 4). . . . . . . . . . . . . . . . . . . . 16
20 Replacement of ch 8, hdg (Transitional provisions for Education
(Miscellaneous Amendments) Act 2002) . . . . . . . . . . . . . . . . . . . 16
21 Amendment of s 218 (Definitions for ch 8) . . . . . . . . . . . . . . . . . . 16
22 Insertion of new ch 8, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Part 2 Transitional provisions for Education
(Accreditation of Non-State Schools) and
Other Legislation Amendment Act 2005
222 Definition for ch 8, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . 17
223 Certain applications not to be dealt with under
pre-amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
224 Ineligible company . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
23 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 18
Part 3 Amendment of Education (General Provisions) Act 1989
24 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
25 Amendment of s 26AC (Obligation of mature age State
educational institution's principal). . . . . . . . . . . . . . . . . . . . . . . . . 19
Part 4 Amendment of Education (Queensland Studies Authority)
Act 2002
26 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
27 Amendment of s 69 (Office staff) . . . . . . . . . . . . . . . . . . . . . . . . . 20
28 Insertion of new s 69A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
69A Employment of casual staff to help authority to
perform its functions under s 10, 11 or 12 . . . . . . . . . 20
3
Education (Accreditation of Non-State Schools) and
Other Legislation Amendment Bill 2005
29 Amendment of pt 7, hdg (Repeal and transitional provisions) . . . 21
30 Insertion of new pt 7, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 3 Validation provision for Education
(Accreditation of Non-State Schools) and
Other Legislation Amendment Act 2005
90 Validation of employment of certain casual staff . . . . 21
2005
A Bill
for
An Act to amend Acts administered by the Minister for
Education and the Arts
s1 6 s4
Education (Accreditation of Non-State Schools) and
Other Legislation Amendment Bill 2005
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Education (Accreditation of 4
Non-State Schools) and Other Legislation Amendment Act
2005. 5
Part 2 Amendment of Education 6
(Accreditation of Non-State 7
Schools) Act 2001 8
Clause 2 Act amended in pt 2 9
This part amends the Education (Accreditation of Non-State 10
Schools) Act 2001. 11
Clause 3 Amendment of s 3 (Objects of Act) 12
(1) Section 3(1)(d)-- 13
omit. 14
(2) Section 3(1)(e)-- 15
renumber as section 3(1)(d). 16
Clause 4 Insertion of new s 7A 17
After section 7-- 18
insert-- 19
s5 7 s6
Education (Accreditation of Non-State Schools) and
Other Legislation Amendment Bill 2005
`7A Meaning of prohibited arrangement 1
`(1) A prohibited arrangement is a contract or arrangement 2
entered into by persons not dealing with each other at arm's 3
length. 4
`(2) However, a contract or arrangement entered into by a school's 5
governing body or proposed governing body and an entity that 6
is not a for-profit entity (the nonprofit entity) is not a 7
prohibited arrangement only because the nonprofit entity has 8
the power to appoint, or remove, a person as a director of the 9
governing body.'. 10
Clause 5 Amendment of s 17 (If applicant seeks government 11
funding for the school) 12
Section 17(1)(b)-- 13
omit, insert-- 14
`(b) the board is satisfied-- 15
(i) the school will not on its establishment be operated 16
for profit; and 17
(ii) the applicant is not a party to, and does not intend 18
to enter into, a prohibited arrangement in relation 19
to the operation of the school; and 20
(iii) there is no direct or indirect connection between 21
the applicant and a for-profit entity, and there will 22
not on the school's establishment be a direct or 23
indirect connection between the applicant and a 24
for-profit entity, that could reasonably be expected 25
to compromise the independence of the applicant 26
when making financial decisions.'. 27
Clause 6 Insertion of new ss 17A and 17B 28
Chapter 2, part 2, division 2, subdivision 1, after section 17-- 29
insert-- 30
`17A Further information or documents 31
`(1) Before deciding whether it is satisfied about a matter 32
mentioned in section 17(1)(b), the board may by notice given 33
s7 8 s7
Education (Accreditation of Non-State Schools) and
Other Legislation Amendment Bill 2005
to the applicant require the applicant to give the board, within 1
a reasonable time of at least 30 days stated in the notice, 2
further information or a document the board reasonably 3
requires for it to make the decision. 4
`(2) The notice may state that the information or document must 5
be verified by a statutory declaration. 6
`(3) The applicant is taken to no longer be seeking Government 7
funding for the school if, within the stated time, the applicant 8
does not comply with the requirement. 9
`17B Board not satisfied about particular matter 10
`If the board decides it is not satisfied about a matter 11
mentioned in section 17(1)(b), it must as soon as practicable 12
give the applicant an information notice about the decision.'. 13
Clause 7 Amendment of s 39 (Suitability of governing body) 14
(1) Section 39(2) to (4)-- 15
renumber as section 39(3) to (5). 16
(2) Section 39-- 17
insert-- 18
`(2) The board may have regard to the following-- 19
(a) the governing body's relationship with other entities; 20
(b) whether the governing body has appropriate guiding 21
principles and procedures for identifying, declaring and 22
dealing with any conflict of interest a director of the 23
governing body may have relating to an aspect of the 24
operation of the school; 25
(c) the conduct of the governing body, or its directors, 26
relevant to the operation of the school.'. 27
(3) Section 39(5), as renumbered, from `and (3)'-- 28
omit, insert-- 29
`to (4) do not limit the matters to which the board may have 30
regard in making a decision mentioned in subsection (1).'. 31
s8 9 s 10
Education (Accreditation of Non-State Schools) and
Other Legislation Amendment Bill 2005
(4) Section 39-- 1
insert-- 2
`(6) In this section-- 3
conflict of interest includes a potential conflict of interest.'. 4
Clause 8 Amendment of s 41 (Criminal history reports for 5
investigation) 6
Section 41(1), `section 39'-- 7
omit, insert-- 8
`section 40'. 9
Clause 9 Insertion of new s 41A 10
Chapter 2, part 2, division 4, after section 41-- 11
insert-- 12
`41A Report by assessor 13
`(1) Before making a decision mentioned in section 39(1)(b), the 14
board may obtain a written report from an assessor about the 15
matter. 16
`(2) To prepare the report, the assessor may exercise the assessor's 17
powers under chapter 5, part 3.1'. 18
Clause 10 Amendment of s 52 (Decision of board) 19
Section 52(2)-- 20
omit, insert-- 21
`(2) If the application is about a change in the school's governing 22
body, the board may decide to grant the application only if the 23
board is satisfied-- 24
(a) the proposed governing body would be suitable to be the 25
school's governing body;2 and 26
1 Chapter 5 (Administration), part 3 (Authorised persons)
2 See section 39 (Suitability of governing body).
s 11 10 s 11
Education (Accreditation of Non-State Schools) and
Other Legislation Amendment Bill 2005
(b) if the school's governing body is eligible for 1
Government funding for the school and the intention is 2
for the proposed governing body to also be eligible for 3
Government funding for the school-- 4
(i) once the change is effected, the school will 5
continue to be a school not operated for profit; and 6
(ii) the proposed governing body is not a party to, and 7
does not intend to enter into, a prohibited 8
arrangement in relation to the operation of the 9
school; and 10
(iii) there is no direct or indirect connection between 11
the proposed governing body and a for-profit entity 12
that could reasonably be expected to compromise 13
the independence of the proposed governing body 14
when making financial decisions.'. 15
Clause 11 Insertion of new s 52A 16
After section 52-- 17
insert-- 18
`52A Deemed eligibility for Government funding 19
`(1) This section applies if-- 20
(a) the school's governing body is eligible for Government 21
funding for the school; and 22
(b) the application is about a change in the school's 23
governing body; and 24
(c) the intention is for the proposed governing body to also 25
be eligible for Government funding for the school; and 26
(d) the board decides to grant the application. 27
`(2) Once the change is effected, the new governing body of the 28
school is taken to be eligible for Government funding for the 29
school.'. 30
s 12 11 s 13
Education (Accreditation of Non-State Schools) and
Other Legislation Amendment Bill 2005
Clause 12 Amendment of s 72 (Restrictions on application for 1
Government funding for school) 2
Section 72-- 3
insert-- 4
`(3) Also, a school's governing body may not apply for 5
Government funding for the school if the governing body is 6
an ineligible company.'. 7
Clause 13 Replacement of s 73 (Application for Government funding 8
for accredited school) 9
Section 73-- 10
omit, insert-- 11
`Division 1 Application for accredited school 12
`73 Application for Government funding for accredited 13
school 14
`(1) The governing body of an accredited school may apply for 15
Government funding for the school. 16
`(2) The application must-- 17
(a) be in the approved form; and 18
(b) be made to the board; and 19
(c) be accompanied by the fee, if any, prescribed under a 20
regulation. 21
`(3) Subsection (4) applies if the board is satisfied-- 22
(a) the school is not being operated for profit; and 23
(b) the applicant is not a party to, and does not intend to 24
enter into, a prohibited arrangement in relation to the 25
operation of the school; and 26
(c) there is no direct or indirect connection between the 27
applicant and a for-profit entity that could reasonably be 28
expected to compromise the independence of the 29
applicant when making financial decisions. 30
s 13 12 s 13
Education (Accreditation of Non-State Schools) and
Other Legislation Amendment Bill 2005
`(4) The board must as soon as practicable-- 1
(a) give the committee-- 2
(i) a copy of the application; and 3
(ii) copies of the documents that accompanied the 4
application; and 5
(b) give the Minister a notice stating-- 6
(i) that the board has received the application; and 7
(ii) the day the application was received. 8
`73A Further information or documents 9
`(1) Before deciding whether it is satisfied about a matter 10
mentioned in section 73(3), the board may by notice given to 11
the applicant require the applicant to give the board, within a 12
reasonable time of at least 30 days stated in the notice, further 13
information or a document the board reasonably requires for it 14
to make the decision. 15
`(2) The notice may state that the information or document must 16
be verified by a statutory declaration. 17
`(3) The applicant is taken to have withdrawn the application if, 18
within the stated time, the applicant does not comply with the 19
requirement. 20
`73B Report by assessor 21
`(1) Before deciding whether it is satisfied about a matter 22
mentioned in section 73(3), the board may obtain a written 23
report from an assessor about the matter. 24
`(2) To prepare the report, the assessor may exercise the assessor's 25
powers under chapter 5, part 3.3 26
3 Chapter 5 (Administration), part 3 (Authorised persons)
s 14 13 s 15
Education (Accreditation of Non-State Schools) and
Other Legislation Amendment Bill 2005
`73C Board not satisfied about particular matter 1
`(1) If the board decides it is not satisfied about a matter 2
mentioned in section 73(3), it must as soon as practicable give 3
the applicant an information notice about the decision. 4
`(2) The application lapses if-- 5
(a) the applicant does not apply for a review of the decision 6
under chapter 4; or 7
(b) the applicant applies for a review of the decision under 8
chapter 4 and the Minister makes a further decision 9
mentioned in section 103(6)(b). 10
`Division 2 Application for school not yet in 11
operation'. 12
Clause 14 Insertion of new ch 3, pt 5A 13
Before chapter 3, part 6-- 14
insert-- 15
`Part 5A Restriction on type of 16
corporation 17
`91A Restriction on type of corporation that may be eligible 18
for Government funding for a school 19
`The governing body of a Government-funded school must 20
not be an ineligible company.'. 21
Clause 15 Amendment of s 93 (Grounds for withdrawal) 22
(1) Section 93-- 23
insert-- 24
`(d) the school's governing body is a party to a prohibited 25
arrangement in relation to the operation of the school; 26
(e) there is a direct or indirect connection between the 27
school's governing body and a for-profit entity that 28
s 16 14 s 17
Education (Accreditation of Non-State Schools) and
Other Legislation Amendment Bill 2005
could reasonably be expected to compromise the 1
independence of the governing body when making 2
financial decisions; 3
(f) the school's governing body is an ineligible company.'. 4
(2) Section 93-- 5
insert-- 6
`(2) For subsection (1)(d) or (e), it is immaterial when the 7
prohibited arrangement or connection came into existence.'. 8
Clause 16 Insertion of new s 98A 9
Chapter 3, part 6, division 2, after section 98-- 10
insert-- 11
`98A Report by assessor 12
`(1) Before issuing a show cause notice on a ground mentioned in 13
section 93(a), (d) or (e),4 the board may obtain a written report 14
from an assessor about the matter. 15
`(2) To prepare the report, the assessor may exercise the assessor's 16
powers under chapter 5, part 3.5'. 17
Clause 17 Amendment of s 106 (Functions of board) 18
(1) Section 106(e) and (f)-- 19
renumber as section 106(i) and (j). 20
(2) Section 106-- 21
insert-- 22
`(e) to monitor whether the governing body of a 23
provisionally accredited, or accredited, school is 24
suitable to continue to be the school's governing body;6 25
4 Section 93 (Grounds for withdrawal)
5 Chapter 5 (Administration), part 3 (Authorised persons)
6 See section 39 (Suitability of governing body).
s 18 15 s 18
Education (Accreditation of Non-State Schools) and
Other Legislation Amendment Bill 2005
(f) to monitor whether a Government-funded school is a 1
school not being operated for profit; 2
(g) to monitor whether the governing body of a 3
Government-funded school is not a party to a prohibited 4
arrangement in relation to the operation of the school; 5
(h) to monitor whether there is no direct or indirect 6
connection between the governing body of a 7
Government-funded school and a for-profit entity that 8
could reasonably be expected to compromise the 9
independence of the governing body when making 10
financial decisions;'. 11
Clause 18 Replacement of s 141 (Function of assessor) 12
Section 141-- 13
omit, insert-- 14
`141 Functions of assessor 15
`An assessor has the functions of finding out the following-- 16
(a) whether a provisionally accredited, or accredited, school 17
is complying with the accreditation criteria; 18
(b) whether a Government-funded school is not being 19
operated for profit; 20
(c) whether an accredited school, the governing body of 21
which is applying for Government funding for the 22
school, is not being operated for profit; 23
(d) whether the governing body of a Government-funded 24
school is a party to a prohibited arrangement in relation 25
to the operation of the school; 26
(e) whether there is a direct or indirect connection between 27
the governing body of a Government-funded school and 28
a for-profit entity that could reasonably be expected to 29
compromise the independence of the governing body 30
when making financial decisions; 31
(f) whether the governing body of an accredited school that 32
is applying for Government funding for the school is a 33
s 19 16 s 21
Education (Accreditation of Non-State Schools) and
Other Legislation Amendment Bill 2005
party to, or intends to enter into, a prohibited 1
arrangement in relation to the operation of the school; 2
(g) whether there is a direct or indirect connection between 3
the governing body of an accredited school that is 4
applying for Government funding for the school and a 5
for-profit entity that could reasonably be expected to 6
compromise the independence of the governing body 7
when making financial decisions; 8
(h) whether the governing body of a provisionally 9
accredited, or accredited, school is suitable to continue 10
to be the school's governing body.7'. 11
Clause 19 Amendment of s 150 (Purpose of div 4) 12
Section 150, `33, 38, 62 or 192'-- 13
omit, insert-- 14
`33, 38, 38C, 41A, 62, 73B, 98A or 192'. 15
Clause 20 Replacement of ch 8, hdg (Transitional provisions for 16
Education (Miscellaneous Amendments) Act 2002) 17
Chapter 8, heading-- 18
omit, insert-- 19
`Chapter 8 Other transitional 20
provisions 21
`Part 1 Transitional provisions for 22
Education (Miscellaneous 23
Amendments) Act 2002'. 24
Clause 21 Amendment of s 218 (Definitions for ch 8) 25
(1) Section 218, heading, after `8'-- 26
7 See section 39 (Suitability of governing body).
s 22 17 s 22
Education (Accreditation of Non-State Schools) and
Other Legislation Amendment Bill 2005
insert-- 1
`, pt 1'. 2
(2) Section 218, `chapter'-- 3
omit, insert-- 4
`part'. 5
Clause 22 Insertion of new ch 8, pt 2 6
After section 221-- 7
insert-- 8
`Part 2 Transitional provisions for 9
Education (Accreditation of 10
Non-State Schools) and Other 11
Legislation Amendment Act 12
2005 13
`222 Definition for ch 8, pt 2 14
`In this part-- 15
commencement means commencement of this section. 16
`223 Certain applications not to be dealt with under 17
pre-amended Act 18
`(1) This section applies to-- 19
(a) an application for Government funding for a school 20
made on or after 15 November 2004 and before the 21
commencement; or 22
(b) an application for the accreditation of a school made on 23
or after 15 November 2004 and before the 24
commencement; or 25
s 23 18 s 23
Education (Accreditation of Non-State Schools) and
Other Legislation Amendment Bill 2005
(c) an application under section 49,8 or section 49, as 1
applied by section 59, about a change in a school's 2
governing body made on or after 15 November 2004 3
and before the commencement. 4
`(2) The application must be dealt with under this Act and not 5
under the pre-amended Act. 6
`(3) Any right or expectation of a person to have an application 7
considered or dealt with under the pre-amended Act is 8
extinguished. 9
`(4) In this section-- 10
pre-amended Act means this Act as in force immediately 11
before the commencement. 12
`224 Ineligible company 13
`(1) This section applies if-- 14
(a) a school's governing body was, immediately before the 15
commencement, eligible for Government funding for 16
the school; and 17
(b) the governing body was, immediately before the 18
commencement, an ineligible company. 19
`(2) While the governing body is the ineligible company and, 20
except for section 91A,9 it continues to be eligible for 21
Government funding for the school, that section and 22
section 93(f)10 do not apply to the governing body in relation 23
to the school.'. 24
Clause 23 Amendment of sch 3 (Dictionary) 25
(1) Schedule 3, definition commencement-- 26
omit. 27
8 Section 49 (Application to change attribute of provisional accreditation)
9 Section 91A (Restriction on type of corporation that may be eligible for Government
funding for a school)
10 Section 93 (Grounds for withdrawal)
s 24 19 s 25
Education (Accreditation of Non-State Schools) and
Other Legislation Amendment Bill 2005
(2) Schedule 3-- 1
insert-- 2
`commencement-- 3
(a) for chapter 7--see section 178; or 4
(b) for chapter 8, part 1--see section 218; or 5
(c) for chapter 8, part 2--see section 222. 6
company see the Corporations Act, section 9. 7
company limited by guarantee see the Corporations Act, 8
section 9. 9
for-profit entity means an entity that is carried on for profit or 10
gain to its individual members. 11
ineligible company means a company that is not a company 12
limited by guarantee. 13
post-amended Act, for chapter 8, part 1, see section 218. 14
pre-amended Act, for chapter 8, part 1, see section 218. 15
prohibited arrangement see section 7A.'. 16
Part 3 Amendment of Education 17
(General Provisions) Act 1989 18
Clause 24 Act amended in pt 3 19
This part amends the Education (General Provisions) Act 20
1989. 21
Clause 25 Amendment of s 26AC (Obligation of mature age State 22
educational institution's principal) 23
Section 26AC(2)(a), after `institution)'-- 24
insert-- 25
`and on the day of enrolment was a child'. 26
s 26 20 s 28
Education (Accreditation of Non-State Schools) and
Other Legislation Amendment Bill 2005
Part 4 Amendment of Education 1
(Queensland Studies Authority) 2
Act 2002 3
Clause 26 Act amended in pt 4 4
This part amends the Education (Queensland Studies 5
Authority) Act 2002. 6
Clause 27 Amendment of s 69 (Office staff) 7
Section 69-- 8
insert-- 9
`(2) This section applies subject to section 69A.'. 10
Clause 28 Insertion of new s 69A 11
Before part 6-- 12
insert-- 13
`69A Employment of casual staff to help authority to 14
perform its functions under s 10, 11 or 12 15
`(1) The authority may employ staff on a casual basis, to help the 16
authority to perform its functions under section 10, 11 or 12.11 17
`(2) The staff are to be employed under this Act and not under the 18
Public Service Act 1996. 19
`(3) The staff are entitled to be paid the remuneration and 20
allowances decided by the Governor in Council. 21
`(4) The staff are not subject to any industrial instrument or any 22
determination or rule of an industrial tribunal. 23
`(5) The staff are subject to the direction and control of the 24
director. 25
11 Section 10 (Testing functions), 11 (Assessment functions) or 12 (Moderation
function)
s 29 21 s 30
Education (Accreditation of Non-State Schools) and
Other Legislation Amendment Bill 2005
`(6) To remove any doubt, it is declared that a person employed 1
under this section may be simultaneously employed in another 2
capacity under the Public Service Act 1996. 3
`(7) In this section-- 4
industrial instrument see the Industrial Relations Act 1999, 5
schedule 5.'. 6
Clause 29 Amendment of pt 7, hdg (Repeal and transitional 7
provisions) 8
Part 7, heading, `Repeal and transitional'-- 9
omit, insert-- 10
`Repeal, transitional and validating'. 11
Clause 30 Insertion of new pt 7, div 3 12
After section 89-- 13
insert-- 14
`Division 3 Validation provision for Education 15
(Accreditation of Non-State 16
Schools) and Other Legislation 17
Amendment Act 2005 18
`90 Validation of employment of certain casual staff 19
`(1) This section applies if, before the commencement of this 20
section, a person was employed by the authority on a casual 21
basis, to help the authority to perform its functions under 22
section 10, 11 or 12.12 23
`(2) The employment is taken to be, and always to have been, 24
valid and effective.'. 25
12 Section 10 (Testing functions), 11 (Assessment functions) or 12 (Moderation
function)
22
Education (Accreditation of Non-State Schools) and
Other Legislation Amendment Bill 2005
© State of Queensland 2005
AMENDMENTS TO BILL
1
Education (Accreditation of Non-State Schools) and
Other Legislation Amendment Bill 2005
Education (Accreditation of Non-State
Schools) and Other Legislation
Amendment Bill 2005
Amendments agreed to during Consideration
1 Clause 4
At page 7, lines 2 to 10--
omit, insert--
` `A prohibited arrangement is a contract or arrangement
entered into by a school's governing body or proposed
governing body and a for-profit entity not dealing with each
other at arm's length.'.'.
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