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Queensland
EDUCATION
(ACCREDITATION OF NON-
STATE SCHOOLS) BILL 2001
Queensland
EDUCATION (ACCREDITATION OF
NON-STATE SCHOOLS) BILL 2001
TABLE OF PROVISIONS
Section Page
CHAPTER 1--PRELIMINARY
PART 1--INTRODUCTION
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
PART 2--OBJECTS
3 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
PART 3--INTERPRETATION
4 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
5 Meaning of "school" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
6 Meaning of "non-State school" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
7 School "not operated for profit" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
8 Application of provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
CHAPTER 2--ACCREDITATION OF SCHOOLS
PART 1--ACCREDITATION CRITERIA
9 Prescribing accreditation criteria. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
PART 2--ACCREDITATIONS
Division 1--Preliminary
10 Offence of operating a school without accreditation or
provisional accreditation .................................... 18
11 Governing body of provisionally accredited, or accredited, school . . . . . . . 18
12 Type of education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
13 Mode of delivery of education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
14 Duplicate application prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
15 Application of Commission for Children and Young People Act 2000, pt 6 19
2
Education (Accreditation of Non-State Schools)
Bill 2001
Division 2--Applications for accreditation
Subdivision 1--Applications
16 Procedural requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
17 If applicant seeks Government funding for the school . . . . . . . . . . . . . . . . . 21
Subdivision 2--Provisional accreditation of schools
18 Decision to provisionally accredit school . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
19 Decision to refuse to provisionally accredit school. . . . . . . . . . . . . . . . . . . . 22
20 If applicant seeks Government funding for the school . . . . . . . . . . . . . . . . . 22
21 Failure to decide to provisionally accredit school. . . . . . . . . . . . . . . . . . . . . 23
22 Further time to make decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
23 Form of certificate of provisional accreditation . . . . . . . . . . . . . . . . . . . . . . 24
24 Provisional accreditation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
25 Operation of provisionally accredited school before its student-intake day . 25
Subdivision 3--Decision on applications
26 Further information or documents to support application for accreditation . 25
27 Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
28 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . . 26
29 Failure to decide application during school's provisional
accreditation period ...................................... 27
30 Further consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
31 Return of certificate of provisional accreditation to board . . . . . . . . . . . . . . 28
Subdivision 4--Assessment of schools
32 Initial assessment of school. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
33 Report by assessor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
34 Further assessment of school. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Subdivision 5--Certificates of accreditation
35 Form of certificate of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Division 3--Additional assessment of certain schools
36 Application of div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
37 Assessment of school . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
38 Report by assessor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
3
Education (Accreditation of Non-State Schools)
Bill 2001
Division 4--Investigation of suitability of school's governing body
39 Suitability of governing body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
40 Investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
41 Criminal history reports for investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 5--Periodic demonstration of compliance with accreditation
criteria
42 Demonstration of compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
PART 3--CHANGES IN PROVISIONAL ACCREDITATION
PERIOD, ATTRIBUTES OF PROVISIONAL ACCREDITATION
OR ATTRIBUTES OF ACCREDITATION
Division 1--Changes in provisional accreditation period
43 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
44 Further information or documents to support application. . . . . . . . . . . . . . . 34
45 Failure to decide application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
46 Decision about application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
47 Change in school's provisional accreditation period. . . . . . . . . . . . . . . . . . . 35
48 Change in school's student-intake day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 2--Changes in attributes of provisional accreditation
49 Application to change attribute of provisional accreditation . . . . . . . . . . . . 36
50 If applicant is eligible for Government funding for aspect of
operation of school ........................................ 37
51 Further information or documents to support application. . . . . . . . . . . . . . . 37
52 Decision of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
53 Failure to decide application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
54 Consideration by committee of effect on eligibility for Government
funding for school ..................................... 39
55 Decision of Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
56 Recording change of attribute of provisional accreditation . . . . . . . . . . . . . 41
57 Failure to effect change of attribute of provisional accreditation
before change day ....................................... 41
58 Effect of change on application for accreditation . . . . . . . . . . . . . . . . . . . . . 42
Division 3--Changes in attributes of accreditation
59 Application of div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
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Education (Accreditation of Non-State Schools)
Bill 2001
60 Establishment phase school not starting to operate on sector student-intake
day .................................................. 42
PART 4--CANCELLATION OF ACCREDITATIONS OR
PROVISIONAL ACCREDITATIONS
Division 1--Giving of compliance notices
61 Compliance notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
62 Report by assessor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Division 2--Cancellation of accreditations
63 Grounds for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
64 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
65 Representations about show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
66 Ending show cause process without further action . . . . . . . . . . . . . . . . . . . . 47
67 Cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
68 Return of cancelled certificate of accreditation to board. . . . . . . . . . . . . . . . 47
Division 3--Cancellation of provisional accreditations
69 Application of div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
70 Grounds for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
CHAPTER 3--GOVERNMENT FUNDING
PART 1--MINISTERIAL RESPONSIBILITY, AND
RESTRICTIONS ON APPLICATIONS, FOR GOVERNMENT
FUNDING
71 Minister responsible for deciding eligibility for Government funding . . . . . 49
72 Restrictions on application for Government funding for school . . . . . . . . . . 49
PART 2--APPLICATIONS FOR GOVERNMENT FUNDING
73 Application for Government funding for accredited school . . . . . . . . . . . . . 49
74 Application for Government funding for school not yet in operation. . . . . . 50
PART 3--PUBLIC NOTIFICATION OF APPLICATIONS
Division 1--Preliminary
75 Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Division 2--Public notification requirements
76 Public notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
77 Required content of catchment area notice . . . . . . . . . . . . . . . . . . . . . . . . . . 52
78 Notice of compliance or noncompliance with notice requirements . . . . . . . 53
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Education (Accreditation of Non-State Schools)
Bill 2001
Division 3--Submissions
79 Right to make submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
80 Acceptance of submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
81 Response to submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Division 4--Public access to applications
82 Inspection of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
83 Obtaining a copy of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Division 5--Noncompliance with notice requirements
84 Substantial compliance with notice requirements may be accepted . . . . . . . 56
PART 4--RECOMMENDATIONS BY COMMITTEE ABOUT
APPLICATIONS FOR GOVERNMENT FUNDING
85 Recommendation by committee about application . . . . . . . . . . . . . . . . . . . . 57
86 Likely impact of establishment of school on other schools or State schools 59
87 Further information or documents to support application. . . . . . . . . . . . . . . 60
PART 5--DECISION OF MINISTER
88 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
89 Further information or documents to support application. . . . . . . . . . . . . . . 61
90 Failure to decide application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
91 Further consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
PART 6--WITHDRAWAL OF ELIGIBILITY FOR
GOVERNMENT FUNDING
Division 1--Preliminary
92 Application of pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Division 2--Withdrawal after show cause process
93 Grounds for withdrawal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
94 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
95 Representations about show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
96 Ending show cause process without further action . . . . . . . . . . . . . . . . . . . . 64
97 Recommendation by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
98 Decision of Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Division 3--Automatic withdrawal
99 Effect of cancellation of provisional accreditation or accreditation . . . . . . . 65
6
Education (Accreditation of Non-State Schools)
Bill 2001
100 Effect of decision to refuse to provisionally accredit, or accredit, school. . . 66
CHAPTER 4--REVIEWS OF DECISIONS
101 Who may apply for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
102 Applying for review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
103 Review decision about board's decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
104 Review decision about Minister's decision . . . . . . . . . . . . . . . . . . . . . . . . . . 67
CHAPTER 5--ADMINISTRATION
PART 1--NON-STATE SCHOOLS ACCREDITATION BOARD
Division 1--Establishment and functions
105 Establishment of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
106 Functions of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Division 2--Membership
107 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
108 Nominee of AISQ or QCEC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
109 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
110 Deputy chairperson of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
111 Disqualification from membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
112 Discretion if member convicted of indictable offence . . . . . . . . . . . . . . . . . 71
113 Vacation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
114 When notice of resignation takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
115 Remuneration of a member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Division 3--Board business
116 Conduct of business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
117 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
118 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
119 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
120 Attendance by proxy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
121 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
122 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
123 Disclosure of interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Division 4--Board committees
124 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
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Education (Accreditation of Non-State Schools)
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Division 5--Administrative support of board and its committees
125 Administrative support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Division 6--Other provisions about the board
126 Board is statutory body under the Financial Administration and Audit
Act 1977 ............................................... 76
127 Board is statutory body under the Statutory Bodies Financial Arrangements
Act 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
128 Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
PART 2--NON-STATE SCHOOLS ELIGIBILITY FOR
GOVERNMENT FUNDING COMMITTEE
129 Establishment of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
130 Functions of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
131 Membership of committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
132 Participation of board's chairperson in committee's meetings . . . . . . . . . . . 79
133 Certain nominee committee members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
134 Remuneration of a committee member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
135 Disclosure of interests by committee members. . . . . . . . . . . . . . . . . . . . . . . 79
PART 3--AUTHORISED PERSONS
Division 1--Preliminary
136 Application of Commission for Children and Young People Act 2000, pt 6 80
Division 2--Functions and powers of authorised persons
137 Function of assessor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
138 Function of auditor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
139 Powers of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Division 3--Appointment of authorised persons and other matters
140 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
141 Suitability of proposed authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
142 Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
143 Identity card. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
144 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
145 Production or display of authorised person's identity card . . . . . . . . . . . . . . 83
Division 4--Powers of assessors
146 Purpose of div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
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Education (Accreditation of Non-State Schools)
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147 Entry of school premises by assessor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
148 Notice of entry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
149 General powers after entering premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Division 5--Powers of auditors
150 Entry of school premises by auditor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
151 Notice of entry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
152 General powers after entering premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Division 6--General enforcement matters
153 Impersonation of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
PART 4--LEGAL PROCEEDINGS
Division 1--Evidence
154 Application of div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
155 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
156 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
157 Evidentiary provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Division 2--Proceedings
158 Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
159 Allegations of false or misleading information or documents . . . . . . . . . . . 88
PART 5--REGISTER
160 Register to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
161 Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
CHAPTER 6--MISCELLANEOUS
162 School survey data. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
163 Notification of change in circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
164 Disclosure of application for suitability notice under Commission for
Children and Young People Act 2000 ........................ 90
165 Disclosure of details of any indictable offence . . . . . . . . . . . . . . . . . . . . . . . 91
166 Protecting officials from liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
167 Publication of information identifying school operating without
accreditation or provisional accreditation ..................... 92
168 False or misleading information or documents . . . . . . . . . . . . . . . . . . . . . . . 93
169 Confidentiality of information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
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170 Claim by person as to accreditation or provisional accreditation of school . 95
171 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
172 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
173 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
CHAPTER 7--TRANSITIONAL PROVISIONS
PART 1--PRELIMINARY
174 Definitions for ch 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
PART 2--NON-STATE SCHOOLS UNDER GENERAL
PROVISIONS ACT
175 Existing operating non-State school under General Provisions Act . . . . . . . 96
176 Existing non-operating non-State school under General Provisions Act . . . 97
177 Existing application for non-State school status--operating school. . . . . . . 98
178 Outstanding review of Minister's decision--operating school . . . . . . . . . . . 98
179 Existing application for non-State school status--non-operating school . . . 99
180 Outstanding review of Minister's decision--non-operating school . . . . . . . 100
181 Governing body of school is not a corporation . . . . . . . . . . . . . . . . . . . . . . . 101
PART 3--SCHOOLS IN RECEIPT OF SUBSIDY UNDER
GENERAL PROVISIONS ACT
182 School in receipt of subsidy under General Provisions Act . . . . . . . . . . . . . 102
183 Existing application for categorisation as a school in receipt of subsidy . . . 102
PART 4--SCHOOLS ALLOWED TO OFFER YEARS 1 TO 3 OF
SCHOOLING, BUT NOT PRESCHOOL YEAR OF SCHOOLING
184 Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
185 Application of provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
186 Notification of first day of preschool education . . . . . . . . . . . . . . . . . . . . . . 104
187 Assessment within first year of preschool education . . . . . . . . . . . . . . . . . . 104
188 Report by assessor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
PART 5--SCHOOLS THAT ARE NOT NON-STATE SCHOOLS
UNDER GENERAL PROVISIONS ACT
189 Existing operating school . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
PART 6--SCHOOLS WITH PLANNING APPROVAL UNDER
GENERAL PROVISIONS ACT
Division 1--School is not a non-State school under General Provisions
Act
190 Application of div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
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191 Application for accreditation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Division 2--School is a non-State school under General Provisions Act
and has planning approval to change aspect of school, other than type of
education
192 Application of div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
193 Application to change attribute of provisional accreditation . . . . . . . . . . . . 108
194 Application to change attribute of accreditation . . . . . . . . . . . . . . . . . . . . . . 109
Division 3--School is a non-State school under General Provisions Act
and has planning approval to change type of education
195 Application of div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
196 Application for accreditation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
PART 7--SCHOOLS FOR WHICH APPLICATION MADE FOR
PLANNING APPROVAL UNDER GENERAL PROVISIONS ACT
Division 1--School is not a non-State school under General Provisions
Act
197 Existing application for planning approval . . . . . . . . . . . . . . . . . . . . . . . . . . 110
198 Application for accreditation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
Division 2--School is a non-State school under General Provisions Act
and has applied for planning approval to change aspect of school, other
than type of education
199 Existing application for planning approval . . . . . . . . . . . . . . . . . . . . . . . . . . 111
200 Application to change attribute of provisional accreditation . . . . . . . . . . . . 112
201 Application to change attribute of accreditation . . . . . . . . . . . . . . . . . . . . . . 112
Division 3--School is a non-State school under General Provisions Act
and has applied for planning approval to change type of education
202 Existing application for planning approval . . . . . . . . . . . . . . . . . . . . . . . . . . 113
203 Application for accreditation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
PART 8--REVIEW OF PLANNING APPROVAL DECISIONS
Division 1--Preliminary
204 Definition for pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
Division 2--School is not a non-State school under General
Provisions Act
205 Application for review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
206 Application of provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
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Division 3--School is a non-State school under General Provisions Act
and obtains planning approval to change aspect of school, other than
type of education
207 Application for review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
208 Application of provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Division 4--School is a non-State school under General Provisions Act
and seeks planning approval to change type of education
209 Application for review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
210 Application of provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
PART 9--CHANGE OF DETAILS OF NON-STATE SCHOOL
STATUS OF SCHOOL UNDER GENERAL PROVISIONS ACT
211 Outstanding application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
212 Change in attributes of provisional accreditation . . . . . . . . . . . . . . . . . . . . . 117
213 Change in attributes of accreditation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
CHAPTER 8--AMENDMENTS OF ACTS
214 Consequential amendments of Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
215 Other amendments of Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 119
CONSEQUENTIAL AMENDMENTS OF ACTS
ANTI-DISCRIMINATION ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
CHILD CARE ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
COMMISSION FOR CHILDREN AND YOUNG PEOPLE ACT 2000 . . . 119
EDUCATION (CAPITAL ASSISTANCE) ACT 1993 . . . . . . . . . . . . . . . . . 120
EDUCATION (GENERAL PROVISIONS) ACT 1989 . . . . . . . . . . . . . . . . 120
EDUCATION (SENIOR SECONDARY SCHOOLS STUDIES) ACT 1988 127
EDUCATION (TEACHER REGISTRATION) ACT 1988 . . . . . . . . . . . . . 127
EDUCATION (TERTIARY ENTRANCE PROCEDURES
AUTHORITY) ACT 1990 .................................. 127
EDUCATION (WORK EXPERIENCE) ACT 1996 . . . . . . . . . . . . . . . . . . . 128
WORKCOVER QUEENSLAND ACT 1996 . . . . . . . . . . . . . . . . . . . . . . . . 128
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 129
OTHER AMENDMENTS OF ACTS
EDUCATION (GENERAL PROVISIONS) ACT 1989 . . . . . . . . . . . . . . . . 129
EDUCATION (TEACHER REGISTRATION) ACT 1988 . . . . . . . . . . . . . 129
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EDUCATION (WORK EXPERIENCE) ACT 1996 . . . . . . . . . . . . . . . . . . 130
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 131
DICTIONARY
2001
A BILL
FOR
An Act to provide for the accreditation of non-State schools, and
deciding the eligibility of non-State schools' governing bodies for
Government funding for the schools, and for other purposes
s1 14 s3
Education (Accreditation of Non-State Schools)
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The Parliament of Queensland enacts-- 1
CHAPTER 1--PRELIMINARY 2
PART 1--INTRODUCTION 3
1 Short title 4
This Act may be cited as the Education (Accreditation of Non-State 5
Schools) Act 2001. 6
2 Commencement 7
(1) The following provisions of this Act commence on the date of 8
assent-- 9
(a) sections 4, 128, 172 and 215; 10
(b) parts 1 and 2 of chapter 5; 11
(c) schedules 2 and 3. 12
(2) The remaining provisions of this Act commence on 1 January 2002. 13
PART 2--OBJECTS 14
3 Objects of Act 15
(1) The objects of this Act are-- 16
(a) to uphold the standards of education at non-State schools; and 17
(b) to maintain public confidence in the operation of non-State 18
schools; and 19
s4 15 s6
Education (Accreditation of Non-State Schools)
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(c) to foster educational choices in the State; and 1
(d) to enable non-State schools' governing bodies to become eligible 2
for Government funding for the non-State schools; and 3
(e) to provide the basis for the efficient allocation of Government 4
funding for non-State schools. 5
(2) The objects are to be achieved mainly by-- 6
(a) establishing the Non-State Schools Accreditation Board; and 7
(b) establishing an accreditation regime for the accreditation of 8
non-State schools complying with the accreditation criteria; and 9
(c) establishing the Non-State Schools Eligibility for Government 10
Funding Committee; and 11
(d) establishing a formal process for deciding the eligibility of a 12
non-State school's governing body for Government funding for 13
the non-State school. 14
PART 3--INTERPRETATION 15
4 Dictionary 16
The dictionary in schedule 3 defines particular words used in this Act. 17
5 Meaning of "school" 18
A "school" means a non-State school. 19
6 Meaning of "non-State school" 20
(1) A "non-State school" means a school (in the ordinary meaning of 21
the word) established to provide the following types of education-- 22
(a) preschool education and primary education; 23
(b) primary education; 24
(c) secondary education; 25
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Education (Accreditation of Non-State Schools)
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(d) special education. 1
(2) However, a "non-State school" does not include the following-- 2
(a) a State educational institution within the meaning of the 3
Education (General Provisions) Act 1989, section 2(1);1 4
(b) if there is a dispensation in force under the Education (General 5
Provisions) Act 1989, section 115(1)2 for a child because the 6
child is receiving instruction as mentioned in the Education 7
(General Provisions) Act 1989, section 115(2)(a)(i)--the place 8
where the child is receiving the instruction, so far as the place is 9
being used for receiving the instruction; 10
(c) a place where a child undertaking preschool, primary, secondary 11
or special education receives tutorial help relating to the 12
education; 13
(d) a TAFE institute within the meaning of the Training and 14
Employment Act 2000, section 191;3 15
(e) a child care centre at which a person is licensed, under the Child 16
Care Act 1991, to provide a child care service. 17
(3) In this section-- 18
"child care centre" see Child Care Act 1991, section 3.4 19
"child care service" see Child Care Act 1991, section 3. 20
7 School "not operated for profit" 21
For this Act, a school is "not operated for profit" only if any profits 22
made from the school's operation are used entirely to advance the school's 23
philosophy and aims, as stated in the school's statement of philosophy and 24
aims. 25
1 Education (General Provisions) Act 1989, section 2 (Interpretation)
2 Education (General Provisions) Act 1989, section 115 (Dispensation from
compliance with compulsory enrolment and attendance provisions)
3 Training and Employment Act 2000, section 191(What is a "TAFE institute")
4 Child Care Act 1991, section 3 (Definitions)
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Education (Accreditation of Non-State Schools)
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8 Application of provisions 1
(1) This section applies if a provision of this Act applies another 2
provision of this Act for a purpose. 3
(2) The other provision and any definition relevant to the other provision 4
apply with any necessary changes. 5
(3) Subsection (2) is not limited merely because a provision states how 6
the other provision is to apply. 7
CHAPTER 2--ACCREDITATION OF SCHOOLS 8
PART 1--ACCREDITATION CRITERIA 9
9 Prescribing accreditation criteria 10
A regulation may prescribe criteria (the "accreditation criteria"), 11
relevant to a school's accreditation, about the following-- 12
(a) the school's administration and governance arrangements; 13
(b) the school's financial viability; 14
(c) the school's educational program and student welfare processes; 15
(d) the school's resources; 16
(e) the school's improvement processes. 17
s 10 18 s 12
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PART 2--ACCREDITATIONS 1
Division 1--Preliminary 2
10 Offence of operating a school without accreditation or 3
provisional accreditation 4
A person must not operate a school unless-- 5
(a) the school is accredited; or 6
(b) subject to section 25,5 the school is provisionally accredited. 7
Maximum penalty--100 penalty units. 8
11 Governing body of provisionally accredited, or accredited, school 9
(1) A school's governing body may apply for the accreditation of the 10
school. 11
(2) To be eligible to apply, the governing body must be a corporation. 12
(3) The governing body of a provisionally accredited, or accredited, 13
school must always be a corporation.6 14
12 Type of education 15
(1) A school may only be provisionally accredited, or accredited, to 16
provide the following types of education-- 17
(a) preschool education and primary education; 18
(b) primary education; 19
(c) secondary education; 20
(d) special education. 21
5 Section 25 (Operation of provisionally accredited school before its student-intake
day)
6 If the governing body of a provisionally accredited, or accredited, school is not a
corporation, that is a ground for the cancellation of the provisional accreditation
under section 70 or the accreditation under section 63.
s 13 19 s 15
Education (Accreditation of Non-State Schools)
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(2) If a school is provisionally accredited, or accredited, to provide 1
preschool education and primary education, the years of schooling the 2
school may provide under the primary education component must be at 3
least years 1 to 3. 4
(3) To remove doubt, it is declared that a school that is provisionally 5
accredited, or accredited, to provide preschool education and primary 6
education, primary education or secondary education, is not also required 7
to be provisionally accredited, or accredited, to provide special education 8
for the education of persons with a disability. 9
13 Mode of delivery of education 10
A school may only be provisionally accredited, or accredited, to use the 11
following modes of delivery of education-- 12
(a) classroom education; 13
(b) distance education. 14
14 Duplicate application prohibited 15
(1) This section applies if an application has been made for the 16
accreditation of a school to provide a type of education at a location and the 17
application has not been decided by the board. 18
(2) The applicant may not make another application for the accreditation 19
of the school to provide the same type of education at the location. 20
15 Application of Commission for Children and Young People Act 21
2000, pt 6 22
For the Commission for Children and Young People Act 2000, part 6,7 a 23
person is taken to be a person carrying on a regulated business under that 24
Act by being a director of the governing body of a provisionally accredited, 25
or accredited, school. 26
7 Commission for Children and Young People Act 2000, part 6 (Employment
screening for child-related employment)
s 16 20 s 16
Education (Accreditation of Non-State Schools)
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Division 2--Applications for accreditation 1
Subdivision 1--Applications 2
16 Procedural requirements for application 3
(1) An application for the accreditation of a school must-- 4
(a) be made to the board; and 5
(b) be in the approved form; and 6
(c) be accompanied by-- 7
(i) the fee, if any, prescribed under a regulation; and 8
(ii) copies of current positive notices for all the directors of the 9
school's governing body. 10
(2) The approved form must require the inclusion of the school's 11
student-intake day that is to apply if the board provisionally accredits the 12
school. 13
(3) Also, the approved form must require the inclusion of details of each 14
of the following attributes the school must have if the board decides to 15
grant the application-- 16
(a) the school's governing body; 17
(b) the land on which the school is to operate; 18
(c) the curriculum model the school is to follow; 19
(d) the mode of delivery of education to be used at the school; 20
(e) the years of schooling the school is to offer; 21
(f) if the school operates from more than 1 site--the years of 22
schooling the school is to offer at each site; 23
(g) whether the school is to include boarding facilities; 24
(h) whether the school is a coeducational or single-sex school; 25
(i) if the school is an establishment phase school for a sector of 26
schooling--the school's sector student-intake day for the sector 27
of schooling. 28
(4) In addition, the approved form must require the inclusion of-- 29
s 17 21 s 18
Education (Accreditation of Non-State Schools)
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(a) an indication about whether or not the applicant seeks 1
Government funding for the school; and 2
(b) if the applicant seeks Government funding for the school--the 3
aspects of the school's operation for which the Government 4
funding is sought. 5
17 If applicant seeks Government funding for the school 6
(1) This section applies if-- 7
(a) the applicant indicates in the application that the applicant seeks 8
Government funding for the school; and 9
(b) the board is satisfied the school will not, on its establishment, be 10
operated for profit. 11
(2) The board must as soon as practicable after receiving the 12
application-- 13
(a) give the committee-- 14
(i) a copy of the application; and 15
(ii) copies of the documents that accompanied the application; 16
and 17
(b) give the Minister a notice stating-- 18
(i) that the board has received the application; and 19
(ii) the day the application was received. 20
Subdivision 2--Provisional accreditation of schools 21
18 Decision to provisionally accredit school 22
(1) The board must consider the application and decide whether it is 23
satisfied-- 24
(a) the applicant is suitable to be the school's governing body;8 and 25
(b) the school will comply with the accreditation criteria within the 26
school's provisional accreditation period. 27
8 See section 39 (Suitability of governing body).
s 19 22 s 20
Education (Accreditation of Non-State Schools)
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(2) If the board is satisfied of the matters mentioned in subsection (1), it 1
must decide to provisionally accredit the school subject to the school 2
having the following attributes (the "attributes of provisional 3
accreditation")-- 4
(a) the attributes, mentioned in section 16(3), stated in the 5
application; 6
(b) any other attribute agreed to by the applicant and board. 7
(3) If the board decides to provisionally accredit the school, it must as 8
soon as practicable issue a certificate of provisional accreditation to the 9
applicant. 10
19 Decision to refuse to provisionally accredit school 11
(1) If the board is not satisfied of the matters mentioned in section 18(1), 12
it must decide to refuse to provisionally accredit the school. 13
(2) If the board decides to refuse to provisionally accredit the school, it 14
must as soon as practicable give the applicant an information notice about 15
the decision. 16
(3) The decision does not take effect until-- 17
(a) the last day to apply for a review of the decision; or 18
(b) if an application is made for a review of the decision--the day 19
the application is decided or otherwise disposed of. 20
(4) If the board decides to refuse to provisionally accredit the school, the 21
application for the accreditation of the school ends on the day the decision 22
takes effect under subsection (3). 23
20 If applicant seeks Government funding for the school 24
(1) This section applies if the applicant indicates in the application that 25
the applicant seeks Government funding for the school. 26
(2) The board may make a decision about the school's provisional 27
accreditation before receiving notice of the Minister's decision on the 28
application for Government funding for the school. 29
(3) However, if the board has not received the notice, it may not refuse to 30
provisionally accredit the school for a reason about the financial viability 31
s 21 23 s 22
Education (Accreditation of Non-State Schools)
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of the operation of the school under a provisional accreditation or 1
accreditation. 2
(4) Subsection (5) applies if the board has received notice of the 3
Minister's decision not to grant the application for Government funding for 4
the school. 5
(5) The board must not decide whether to provisionally accredit the 6
school until after-- 7
(a) the last day to apply for a review of the decision; or 8
(b) if an application is made for a review of the decision--the day 9
the application is decided or otherwise disposed of. 10
21 Failure to decide to provisionally accredit school 11
(1) Subsection (2) applies if the applicant indicates in the application 12
that the applicant seeks Government funding for the school. 13
(2) If the board fails to decide whether to provisionally accredit the 14
school within 9 months after the board receives the application-- 15
(a) the failure is taken to be a decision of the board to refuse to 16
provisionally accredit the school; and 17
(b) the board must, as soon as practicable, give the applicant an 18
information notice about the decision. 19
(3) Subsection (4) applies if the applicant indicates in the application 20
that the applicant is not seeking Government funding for the school. 21
(4) If the board fails to decide whether to provisionally accredit the 22
school within 6 months after the board receives the application-- 23
(a) the failure is taken to be a decision of the board to refuse to 24
provisionally accredit the school; and 25
(b) the board must, as soon as practicable, give the applicant an 26
information notice about the decision. 27
(5) This section is subject to section 22. 28
22 Further time to make decision 29
(1) This section applies if the board considers it needs further time to 30
make a decision on whether it is satisfied of the matters mentioned in 31
s 23 24 s 24
Education (Accreditation of Non-State Schools)
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section 18(1) because of the complexity of the matters that need to be 1
considered in making the decision. 2
(2) The applicant and board may at any time before the final 3
consideration day agree in writing on a day (the "agreed extended day") 4
by which the decision is to be made. 5
(3) If the board fails to make the decision by the agreed extended day-- 6
(a) the failure is taken to be a decision of the board to refuse to 7
provisionally accredit the school; and 8
(b) the board must, as soon as practicable, give the applicant an 9
information notice about the decision. 10
(4) In this section-- 11
"final consideration day" means-- 12
(a) if the applicant indicates in the application that the applicant 13
seeks Government funding for the school--the day that is 14
9 months after the board's receipt of the application; or 15
(b) if the applicant indicates in the application that the applicant is 16
not seeking Government funding for the school--the day that is 17
6 months after the board's receipt of the application. 18
23 Form of certificate of provisional accreditation 19
(1) A certificate of provisional accreditation of a school must be in the 20
approved form. 21
(2) The certificate is for the school and is not personal to the school's 22
governing body. 23
(3) The school's governing body must display the certificate in a 24
prominent place at the school. 25
24 Provisional accreditation period 26
(1) A school's provisional accreditation remains in force for the period, 27
not more than 3 years, stated in the certificate of provisional accreditation. 28
(2) The last day of the period must be the day that is 1 year after the 29
school's student-intake day. 30
s 25 25 s 27
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25 Operation of provisionally accredited school before its 1
student-intake day 2
The governing body of a provisionally accredited school must not 3
operate the school before the school's student-intake day. 4
Maximum penalty--100 penalty units. 5
Subdivision 3--Decision on applications 6
26 Further information or documents to support application for 7
accreditation 8
(1) Before deciding an application for the accreditation of a school, the 9
board may by notice given to the applicant, require the applicant to give the 10
board, within a reasonable time of at least 30 days stated in the notice, 11
further information or a document the board reasonably requires to decide 12
the application. 13
(2) Also, the board may by notice given to the applicant, require the 14
applicant to give the board, within a reasonable time of at least 30 days 15
stated in the notice, further information or a document the board reasonably 16
requires to decide whether to provisionally accredit the school under 17
section 18. 18
(3) The notice may state that the information or document must be 19
verified by a statutory declaration. 20
(4) The applicant is taken to have withdrawn the application if, within 21
the time stated in the notice, the applicant does not comply with the notice. 22
(5) When giving a notice under subsection (1), the board must have 23
regard to the time remaining for the board to decide the application under 24
section 27. 25
(6) When giving a notice under subsection (2), the board must have 26
regard to the time remaining for the board to decide whether to 27
provisionally accredit the school under section 18. 28
27 Decision 29
(1) This section applies to a provisionally accredited school. 30
s 28 26 s 28
Education (Accreditation of Non-State Schools)
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(2) The board must consider the application for the accreditation of the 1
school and decide, after assessing the school under subdivision 4, whether 2
it is satisfied-- 3
(a) the applicant is suitable to be the school's governing body;9 and 4
(b) the school is complying with the accreditation criteria. 5
(3) If the board is satisfied of the matters mentioned in subsection (2), it 6
must decide to accredit the school subject to the school having the 7
following attributes (the "attributes of accreditation")-- 8
(a) the attributes, mentioned in section 16(3), stated in the 9
application; 10
(b) any other attribute agreed to by the applicant and board. 11
28 Steps to be taken after application decided 12
(1) If the board decides to accredit the school-- 13
(a) it must, as soon as practicable, issue a certificate of accreditation, 14
for the school, to the applicant; and 15
(b) the applicant must return the school's certificate of provisional 16
accreditation to the board within 14 days after receiving the 17
certificate of accreditation. 18
(2) The school's provisional accreditation is cancelled when the 19
applicant receives the certificate of accreditation. 20
(3) If the board decides to refuse to accredit the school, it must as soon 21
as practicable give the applicant an information notice about the decision. 22
(4) The decision to refuse to accredit the school does not take effect until 23
the latest of the following days-- 24
(a) the day of effect stated in the information notice; 25
(b) the last day to apply for a review of the decision; 26
(c) if an application is made for a review of the decision--the day 27
the application is decided or otherwise disposed of. 28
(5) The school's provisional accreditation is cancelled when the decision 29
to refuse to accredit the school takes effect under subsection (4). 30
9 See section 39 (Suitability of governing body)
s 29 27 s 30
Education (Accreditation of Non-State Schools)
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29 Failure to decide application during school's provisional 1
accreditation period 2
(1) If the board fails to decide the application within the school's 3
provisional accreditation period-- 4
(a) the failure is taken to be a decision of the board to refuse to 5
accredit the school; and 6
(b) the board must, as soon as practicable, give the applicant an 7
information notice about the decision. 8
(2) The decision does not take effect until the later of-- 9
(a) the last day to apply for a review of the decision; or 10
(b) if an application is made for a review of the decision--the day 11
the application is decided or otherwise disposed of. 12
(3) The school's provisional accreditation is cancelled when the decision 13
takes effect under subsection (2). 14
(4) This section is subject to section 30. 15
30 Further consideration of application 16
(1) This section applies if the board considers it needs further time to 17
make a decision on whether it is satisfied of the matters mentioned in 18
section 27(2) because of the complexity of the matters that need to be 19
considered in deciding the application. 20
(2) The applicant and board may at any time within the school's 21
provisional accreditation period agree in writing on a day (the "agreed 22
extended day") by which the application is to be decided. 23
(3) If the board fails to make the decision by the agreed extended day-- 24
(a) the failure is taken to be a decision of the board to refuse to 25
accredit the school; and 26
(b) the board must, as soon as practicable, give the applicant an 27
information notice about the decision. 28
(4) The decision does not take effect until the later of-- 29
(a) the last day to apply for a review of the decision; or 30
(b) if an application is made for a review of the decision--the day 31
the application is decided or otherwise disposed of. 32
s 31 28 s 32
Education (Accreditation of Non-State Schools)
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(5) The school's provisional accreditation is cancelled when the decision 1
takes effect under subsection (4). 2
31 Return of certificate of provisional accreditation to board 3
(1) This section applies if-- 4
(a) the board decides, under section 27, to refuse to accredit a 5
school; or 6
(b) the board is, under section 29 or 30, taken to have decided to 7
refuse to accredit a school. 8
(2) The applicant must return the school's certificate of provisional 9
accreditation to the board within 14 days after a decision to which this 10
section applies takes effect, unless the applicant has a reasonable excuse. 11
Maximum penalty--20 penalty units. 12
(3) However, subsection (2) does not apply if the applicant made an 13
application for a review of the decision and was successful in having the 14
decision overturned. 15
Subdivision 4--Assessment of schools 16
32 Initial assessment of school 17
(1) The board must after the assessment day start an assessment of a 18
provisionally accredited school, to decide whether the school is complying 19
with the accreditation criteria. 20
(2) In this section-- 21
"assessment day" means-- 22
(a) a day agreed to by the applicant for the accreditation of the 23
school and the board; or 24
(b) the day, of which the board has notified the applicant, that is-- 25
(i) at least 60 days after the giving of the notice; and 26
(ii) within 6 months before the end of the school's provisional 27
accreditation period. 28
s 33 29 s 34
Education (Accreditation of Non-State Schools)
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33 Report by assessor 1
(1) To assess a school under this subdivision, the board must obtain a 2
written report from an assessor about whether the school is complying with 3
the accreditation criteria. 4
(2) To prepare the report, the assessor may exercise the assessor's 5
powers under chapter 5, part 3.10 6
34 Further assessment of school 7
(1) Subsections (2) and (3) apply if, after the assessment of a school 8
under section 32, the board-- 9
(a) is satisfied the applicant for the accreditation of the school is 10
suitable to be the school's governing body;11 and 11
(b) is not satisfied the school is complying with the accreditation 12
criteria; and 13
(c) is satisfied the school will comply with the accreditation criteria 14
within 1 year after the end of the school's provisional 15
accreditation period. 16
(2) The school's provisional accreditation period is extended by 1 year. 17
(3) The board must as soon as practicable-- 18
(a) give the applicant notice of the outcome of the assessment; and 19
(b) issue the applicant with another certificate of provisional 20
accreditation stating the school's extended provisional 21
accreditation period. 22
(4) Before the end of the school's extended provisional accreditation 23
period, the board must conduct another assessment of the school to decide 24
whether the school is complying with the accreditation criteria. 25
(5) The board may only conduct an assessment of the school, under 26
subsection (4), if it has given the applicant notice of the assessment within 27
a reasonable time of at least 30 days before the start of the assessment. 28
(6) The board may conduct not more than 3 assessments of the school 29
under subsection (4). 30
10 Chapter 5 (Administration), part 3 (Authorised persons)
11 See section 39 (Suitability of governing body).
s 35 30 s 37
Education (Accreditation of Non-State Schools)
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Subdivision 5--Certificates of accreditation 1
35 Form of certificate of accreditation 2
(1) A certificate of accreditation of a school must be in the approved 3
form. 4
(2) The certificate is for the school and is not personal to the school's 5
governing body. 6
(3) The school's governing body must display the certificate in a 7
prominent place at the school. 8
Division 3--Additional assessment of certain schools 9
36 Application of div 3 10
This division applies to a school-- 11
(a) that was an establishment phase school for a sector of schooling; 12
and 13
(b) that has started to operate, within the sector of schooling, on the 14
school's sector student-intake day for the sector of schooling. 15
37 Assessment of school 16
(1) The board must after the assessment day start an assessment of the 17
school, to decide whether the school is complying with the accreditation 18
criteria. 19
(2) The board may conduct not more than 2 assessments of the school 20
under this section. 21
(3) In this section-- 22
"assessment day" means-- 23
(a) a day agreed to by the board and the school's governing body; or 24
(b) the day, of which the board has notified the governing body, that 25
is-- 26
s 38 31 s 39
Education (Accreditation of Non-State Schools)
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(i) at least 6 months after the school's sector student-intake day 1
for the sector of schooling; and 2
(ii) within the last year of schooling for the sector of schooling. 3
38 Report by assessor 4
(1) To assess a school under section 37, the board must obtain a written 5
report from an assessor about whether the school is complying with the 6
accreditation criteria. 7
(2) To prepare the report, the assessor may exercise the assessor's 8
powers under chapter 5, part 3.12 9
Division 4--Investigation of suitability of school's governing body 10
39 Suitability of governing body 11
(1) This section applies if the board is deciding-- 12
(a) whether a school's governing body that is the applicant for the 13
accreditation of the school is suitable to be the school's 14
governing body; or 15
(b) whether the governing body of a provisionally accredited, or 16
accredited, school is suitable to continue to be the school's 17
governing body; or 18
(c) whether the proposed governing body of a provisionally 19
accredited, or accredited, school would be suitable to be the 20
school's governing body. 21
(2) If a director of a school's governing body does not have a current 22
positive notice, the board must decide that the governing body is not 23
suitable to be, suitable to continue to be, or would be suitable to be, the 24
school's governing body. 25
(3) Also, in making its decision, the board may have regard to each of 26
the following-- 27
12 Chapter 5 (Administration), part 3 (Authorised persons)
s 40 32 s 41
Education (Accreditation of Non-State Schools)
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(a) if any of the governing body's directors have been convicted of 1
an indictable office--the nature, and circumstances, of the 2
commission of the offence; 3
(b) if the governing body has been convicted of an offence--the 4
nature, and circumstances, of the commission of the offence. 5
40 Investigation 6
(1) The board may investigate a school's governing body that is the 7
applicant for the accreditation of the school to help in deciding whether the 8
governing body is suitable to be the school's governing body. 9
(2) The board may investigate the governing body of a provisionally 10
accredited, or accredited, school to help in deciding whether the governing 11
body is suitable to continue to be the school's governing body. 12
(3) The board may investigate the proposed governing body of a 13
provisionally accredited, or accredited, school to help in deciding whether 14
the governing body would be suitable to be the school's governing body. 15
41 Criminal history reports for investigation 16
(1) In investigating the governing body or proposed governing body of a 17
school under section 39, the board may ask the commissioner of the police 18
service for-- 19
(a) a written report about the criminal history of the governing body 20
or a director of the governing body; and 21
(b) a brief description of the circumstances of a conviction 22
mentioned in the criminal history. 23
(2) The commissioner of the police service must comply with the 24
request. 25
(3) The duty imposed on the commissioner of the police service to 26
comply with the request applies only to information in the commissioner's 27
possession or to which the commissioner has access. 28
s 42 33 s 43
Education (Accreditation of Non-State Schools)
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Division 5--Periodic demonstration of compliance with accreditation 1
criteria 2
42 Demonstration of compliance 3
(1) The board may, once every 5 years during a school's accreditation, 4
give the school's governing body a notice requesting the governing body to 5
give the board documents that may help the board in deciding whether the 6
school is complying with the accreditation criteria. 7
(2) The governing body must comply with the request within 6 months 8
after the giving of the notice. 9
PART 3--CHANGES IN PROVISIONAL 10
ACCREDITATION PERIOD, ATTRIBUTES OF 11
PROVISIONAL ACCREDITATION OR ATTRIBUTES OF 12
ACCREDITATION 13
Division 1--Changes in provisional accreditation period 14
43 Application 15
(1) The board may, on application by the governing body of a 16
provisionally accredited school, extend or reduce the school's provisional 17
accreditation period. 18
(2) Subsection (1) applies even if the period has already been extended 19
or reduced under this section. 20
(3) The application must-- 21
(a) be made to the board; and 22
(b) be in the approved form; and 23
(c) be accompanied by the fee, if any, prescribed under a regulation; 24
and 25
(d) be made at least 90 days before the school's student-intake day 26
(the "90 day period"). 27
s 44 34 s 45
Education (Accreditation of Non-State Schools)
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(4) However, the board may consider an application for the extension of 1
a school's provisional accreditation period made within the 90 day period 2
if the board is satisfied that unforeseen circumstances preventing the school 3
from complying with the accreditation criteria arose within the 90 day 4
period. 5
44 Further information or documents to support application 6
(1) The board may, by notice given to the applicant, request the 7
applicant to give the board, within a reasonable time of at least 30 days 8
stated in the notice, further information or a document the board reasonably 9
requires to decide the application. 10
(2) The applicant is taken to have withdrawn the application if, within 11
the stated time, the applicant does not comply with the request. 12
(3) When giving the notice, the board must have regard to the time 13
remaining for the board to decide the application. 14
45 Failure to decide application 15
(1) If the application is for an extension of the school's provisional 16
accreditation period and the board fails to decide the application by the 17
school's student-intake day-- 18
(a) the failure is taken to be a decision of the board to refuse to grant 19
the application; and 20
(b) the board must, as soon as practicable, give the applicant an 21
information notice about the decision. 22
(2) If the application is for a reduction of the school's provisional 23
accreditation period and the board fails to decide the application by the 24
school's revised student-intake day-- 25
(a) the failure is taken to be a decision of the board to refuse to grant 26
the application; and 27
(b) the board must, as soon as practicable, give the applicant an 28
information notice about the decision. 29
(3) In this section-- 30
"revised student-intake day", of a school for which application has been 31
made to reduce the school's provisional accreditation period, means 32
s 46 35 s 47
Education (Accreditation of Non-State Schools)
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the school's new student-intake day if the board were to decide to 1
grant the application. 2
46 Decision about application 3
(1) The board must consider the application and decide-- 4
(a) to extend or reduce the school's provisional accreditation period 5
in the way sought in the application; or 6
(b) to extend or reduce the school's provisional accreditation period 7
in a different way to that sought in the application; or 8
(c) not to extend or reduce the school's provisional accreditation 9
period. 10
(2) The board may decide to extend the school's provisional 11
accreditation period only if the board is satisfied unforeseen circumstances 12
prevent the school from complying with the accreditation criteria within 13
the period. 14
(3) The board may decide to reduce the school's provisional 15
accreditation period only if the board is satisfied the school will comply 16
with the accreditation criteria within the reduced period. 17
(4) If the board makes a decision under subsection (1)(a), the board must 18
as soon as practicable give the school's governing body notice of the 19
decision. 20
(5) If the board makes a decision under subsection (1)(b) or (c), the 21
board must as soon as practicable give the school's governing body an 22
information notice about the decision. 23
(6) A decision under subsection (1)(b) or (c) does not take effect until-- 24
(a) the last day to apply for a review of the decision; or 25
(b) if an application is made for a review of the decision--the day 26
the application is decided or otherwise disposed of. 27
47 Change in school's provisional accreditation period 28
(1) If the board makes a decision, under section 46(1)(a), in relation to a 29
school, the school's governing body must return the school's certificate of 30
provisional accreditation to the board within 14 days after the governing 31
body receives notice of the decision under section 46(4). 32
s 48 36 s 49
Education (Accreditation of Non-State Schools)
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(2) If the board makes a decision, under section 46(1)(b), in relation to a 1
school, the school's governing body must return the school's certificate of 2
provisional accreditation to the board within 14 days after the decision 3
takes effect under section 46(6). 4
(3) On receiving the certificate, the board must issue another certificate 5
of provisional accreditation to the governing body to replace the certificate 6
returned to the board. 7
48 Change in school's student-intake day 8
(1) This section applies if-- 9
(a) the board makes a decision, under section 46(1)(a) or (b), in 10
relation to a school; and 11
(b) the school is not yet in operation. 12
(2) If the school's provisional accreditation period is extended, the 13
school's student-intake day is changed to the day that is 1 year before the 14
last day of the extended period. 15
(3) If the school's provisional accreditation period is reduced, the 16
school's student-intake day is changed to the day that is 1 year before the 17
last day of the reduced period. 18
Division 2--Changes in attributes of provisional accreditation 19
49 Application to change attribute of provisional accreditation 20
(1) A provisionally accredited school's governing body may apply to the 21
board to change an attribute of provisional accreditation applying to the 22
school. 23
(2) The application must-- 24
(a) be in the approved form; and 25
(b) be accompanied by the fee, if any, prescribed under a regulation. 26
(3) If the application is about a change in the school's governing body, 27
the application must also be accompanied by copies of current positive 28
notices for all the directors of the proposed governing body. 29
s 50 37 s 51
Education (Accreditation of Non-State Schools)
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50 If applicant is eligible for Government funding for aspect of 1
operation of school 2
(1) This section applies if-- 3
(a) the application is about a change in an attribute of provisional 4
accreditation applying to the school, other than a change in the 5
school's governing body; and 6
(b) the change relates to an aspect of the operation of the school for 7
which the governing body is eligible for Government funding for 8
the school (the "relevant operational aspect"). 9
(2) If the change will result in the school being allowed to operate within 10
a new sector of schooling, the approved form must provide for the 11
inclusion of the sector student-intake day for the sector of schooling. 12
(3) The board must as soon as practicable-- 13
(a) give the committee-- 14
(i) a copy of the application; and 15
(ii) copies of the documents that accompanied the application; 16
and 17
(b) give the Minister a notice stating-- 18
(i) that the board has received the application; and 19
(ii) the day the application was received. 20
51 Further information or documents to support application 21
(1) Before deciding the application, the board may, by notice given to 22
the applicant, require the applicant to give the board, within a reasonable 23
time of at least 30 days stated in the notice, further information or a 24
document the board reasonably requires to decide the application. 25
(2) The board may require the information or document to be verified by 26
a statutory declaration. 27
(3) The applicant is taken to have withdrawn the application if, within 28
the stated time, the applicant does not comply with a requirement 29
mentioned in subsection (1). 30
(4) When giving the notice, the board must have regard to the time 31
remaining for the board to decide the application. 32
s 52 38 s 53
Education (Accreditation of Non-State Schools)
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52 Decision of board 1
(1) The board must consider the application and either grant, or refuse to 2
grant, the application. 3
(2) If the application is about a change in the school's governing body, 4
the board may decide to grant the application only if the board is satisfied 5
the proposed governing body would be suitable to be the school's 6
governing body.13 7
(3) If the application is about a change in an attribute of provisional 8
accreditation applying to the school, other than a change in the school's 9
governing body, the board may decide to grant the application only if the 10
board is satisfied, that after the change is effected, the school will comply 11
with the accreditation criteria. 12
(4) If the board decides to grant the application, the board must as soon 13
as practicable give the applicant a written notice (a "change notice") 14
stating-- 15
(a) the decision; and 16
(b) the day (the "change day") before which the change must be 17
effected. 18
(5) If the board decides to refuse to grant the application, the board must 19
as soon as practicable give the applicant an information notice about the 20
decision. 21
53 Failure to decide application 22
(1) If the application is about a change in the school's governing body 23
and the board fails to decide the application within 6 months after its 24
receipt-- 25
(a) the failure is taken to be a decision of the board to refuse to grant 26
the application; and 27
(b) the board must, as soon as practicable, give the applicant an 28
information notice about the decision. 29
(2) Subsections (3) and (4) apply if the application is about a change in 30
an attribute of provisional accreditation applying to the school, other than a 31
change in the school's governing body. 32
13 See section 39 (Suitability of governing body).
s 54 39 s 54
Education (Accreditation of Non-State Schools)
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(3) If the applicant is eligible for Government funding for the school and 1
the board fails to decide the application within 9 months after its receipt-- 2
(a) the failure is taken to be a decision of the board to refuse to grant 3
the application; and 4
(b) the board must, as soon as practicable, give the applicant an 5
information notice about the decision. 6
(4) If the applicant is not eligible for Government funding for the school 7
and the board fails to decide the application within 6 months after its 8
receipt-- 9
(a) the failure is taken to be a decision of the board to refuse to grant 10
the application; and 11
(b) the board must, as soon as practicable, give the applicant an 12
information notice about the decision. 13
54 Consideration by committee of effect on eligibility for 14
Government funding for school 15
(1) This section applies if the committee receives copies of an 16
application and accompanying documentation under section 50(3). 17
(2) The committee must-- 18
(a) consider the application; and 19
(b) make a recommendation about whether, if the change is effected, 20
the applicant would still be eligible for Government funding for 21
the school as far as the funding relates to the relevant operational 22
aspect. 23
(3) In considering the application, the committee must have regard to the 24
eligibility for Government funding criteria, as if the change had been 25
effected. 26
(4) Subsection (5) applies if the application is about a change in the 27
mode of delivery of education, used at the school, to include distance 28
education. 29
(5) The reference to the school's catchment area in the eligibility for 30
Government funding criteria is taken to be a reference to the catchment 31
area that would apply if the change had been effected. 32
s 55 40 s 55
Education (Accreditation of Non-State Schools)
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(6) The committee must, as soon as practicable after making the 1
recommendation, give the recommendation to the board. 2
(7) The board must, as soon as practicable after receiving the 3
recommendation, give the recommendation to the Minister. 4
(8) In this section-- 5
"recommendation" includes reasons for the recommendation. 6
55 Decision of Minister 7
(1) This section applies if the Minister receives a recommendation under 8
section 54(7). 9
(2) The Minister must decide, if the change is effected, whether the 10
applicant would still be eligible for Government funding for the school as 11
far as the funding relates to the relevant operational aspect. 12
(3) In making the decision, the Minister must have regard to the 13
following-- 14
(a) the recommendation; 15
(b) the eligibility for Government funding criteria, as if the change 16
had been effected. 17
(4) Subsection (5) applies if the application is about a change in the 18
mode of delivery of education, used at the school, to include distance 19
education. 20
(5) The reference to the school's catchment area in the eligibility for 21
Government funding criteria is taken to be a reference to the catchment 22
area that would apply if the change had been effected. 23
(6) To remove doubt, it is declared that the Minister is not bound by the 24
recommendation. 25
(7) If the Minister decides, if the change is effected, the applicant would 26
still be eligible for Government funding for the school as far as it relates to 27
the relevant operational aspect, the Minister must as soon as practicable 28
give the applicant and board notice of the decision. 29
(8) If the Minister decides, if the change is effected, the applicant would 30
not still be eligible for Government funding for the school as far as it 31
relates to the relevant operational aspect, the Minister must as soon as 32
practicable-- 33
s 56 41 s 57
Education (Accreditation of Non-State Schools)
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(a) give the applicant an information notice about the decision; and 1
(b) give the board notice of the decision. 2
(9) The board may make a decision about the application before 3
receiving notice of the Minister's decision. 4
(10) However, if the board has not received notice of the Minister's 5
decision, it may not refuse to grant the application for a reason about the 6
financial viability of the operation of the school. 7
(11) In this section-- 8
"recommendation" includes reasons for the recommendation. 9
56 Recording change of attribute of provisional accreditation 10
(1) This section applies if a provisionally accredited school's governing 11
body receives a change notice about an attribute of provisional 12
accreditation stated in the school's certificate of provisional accreditation. 13
(2) The school's governing body must return the certificate of 14
provisional accreditation to the board within 14 days after receiving the 15
notice. 16
(3) On receiving the certificate, the board must issue a replacement 17
certificate of provisional accreditation to the governing body stating details 18
of the change, including the change day stated in the notice. 19
(4) Failure to issue a replacement certificate does not affect the validity 20
of the change. 21
57 Failure to effect change of attribute of provisional accreditation 22
before change day 23
(1) This section applies if-- 24
(a) a provisionally accredited school's governing body receives a 25
change notice about an attribute of provisional accreditation 26
applying to the school; and 27
(b) the change is not effected before the change day stated in the 28
notice. 29
(2) The notice is taken not to have been given by the board to the 30
governing body. 31
s 58 42 s 60
Education (Accreditation of Non-State Schools)
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(3) The governing body must return the certificate of provisional 1
accreditation to the board within 14 days after the change day, unless the 2
governing body has a reasonable excuse. 3
(4) On receiving the certificate, the board must issue to the governing 4
body a replacement certificate of provisional accreditation, not stating the 5
details of the change. 6
58 Effect of change on application for accreditation 7
(1) This section applies if a provisionally accredited school's governing 8
body receives a change notice about an attribute of provisional 9
accreditation applying to the school. 10
(2) The application for the accreditation of the school, yet to be decided 11
by the board, is taken to be amended to accord with the notice. 12
Division 3--Changes in attributes of accreditation 13
59 Application of div 2 14
For changing an attribute of accreditation applying to an accredited 15
school, division 2, other than section 58, applies as if-- 16
(a) an accreditation were a provisional accreditation; and 17
(b) an accredited school were a provisionally accredited school; and 18
(c) an attribute of accreditation were an attribute of provisional 19
accreditation; and 20
(d) a certificate of accreditation were a certificate of provisional 21
accreditation. 22
60 Establishment phase school not starting to operate on sector 23
student-intake day 24
(1) This section applies if a school that is an establishment phase school 25
for a sector of schooling does not start to operate, within the sector of 26
schooling, on the school's sector student-intake day for the sector of 27
schooling. 28
s 61 43 s 61
Education (Accreditation of Non-State Schools)
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(2) The attribute of accreditation applying to the school about the years 1
of schooling it is allowed to offer is taken to be changed to not include the 2
years of schooling in the sector of schooling. 3
(3) The attribute of accreditation applying to the school about the 4
school's sector student-intake day for the sector of schooling is taken to no 5
longer apply to the school. 6
(4) The school stops being an establishment phase school for the sector 7
of schooling. 8
(5) Subsections (6) to (8) apply if the attribute of accreditation applying 9
to the school mentioned in subsection (2) or (3) is stated in the school's 10
certificate of accreditation. 11
(6) The school's governing body must return the certificate of 12
accreditation to the board within 14 days after the school's sector 13
student-intake day for the sector of schooling. 14
(7) On receiving the certificate, the board must issue a replacement 15
certificate of accreditation to the governing body to replace the certificate 16
returned to the board. 17
(8) Failure to issue a replacement certificate does not affect the validity 18
of the change. 19
PART 4--CANCELLATION OF ACCREDITATIONS OR 20
PROVISIONAL ACCREDITATIONS 21
Division 1--Giving of compliance notices 22
61 Compliance notice 23
(1) This section applies if-- 24
(a) the board reasonably believes-- 25
(i) an accredited school-- 26
(A) is not complying with an accreditation criterion; or 27
s 61 44 s 61
Education (Accreditation of Non-State Schools)
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(B) has not complied with an accreditation criterion in 1
circumstances that make it likely the noncompliance 2
will continue or be repeated; and 3
(ii) a matter relating to the noncompliance is reasonably 4
capable of being rectified; and 5
(iii) it is appropriate to give the school's governing body an 6
opportunity to rectify the matter; and 7
(b) the board has not given a show cause notice, about the 8
noncompliance, to the governing body under section 64.14 9
(2) The board may give the governing body a notice (a "compliance 10
notice") requiring the governing body to rectify the matter. 11
(3) The compliance notice must state-- 12
(a) that the board believes the school-- 13
(i) is not complying with an accreditation criterion; or 14
(ii) has not complied with an accreditation criterion in 15
circumstances that make it likely the noncompliance will 16
continue or be repeated; and 17
(b) the accreditation criterion the board believes is not being, or has 18
not been, complied with; and 19
(c) briefly, how the board believes the accreditation criterion is not 20
being, or has not been, complied with; and 21
(d) the matter relating to the noncompliance that the board believes 22
is reasonably capable of being rectified; and 23
(e) the reasonable steps the governing body must take to rectify the 24
matter; and 25
(f) that the governing body must take the steps within a stated 26
reasonable period. 27
(4) The governing body must comply with the compliance notice, unless 28
the governing body has a reasonable excuse. 29
14 Section 64 (Show cause notice)
s 62 45 s 63
Education (Accreditation of Non-State Schools)
Bill 2001
62 Report by assessor 1
(1) Before deciding whether to give a school's governing body a 2
compliance notice about the school's noncompliance with an accreditation 3
criterion, the board may obtain a written report from an assessor about 4
whether the school is complying with the criterion. 5
(2) To prepare the report, the assessor may exercise the assessor's 6
powers under chapter 5, part 3.15 7
Division 2--Cancellation of accreditations 8
63 Grounds for cancellation 9
Each of the following is a ground for cancelling a school's 10
accreditation-- 11
(a) the school was accredited because of a materially false or 12
misleading representation or declaration; 13
(b) the school's governing body is not a corporation; 14
(c) the school's governing body is not, or is no longer, suitable to be 15
the school's governing body;16 16
(d) the school is not complying, or has not complied, with an 17
accreditation criterion; 18
(e) there has been a change, without the board's approval under 19
section 52 as applied by section 59, in an attribute of 20
accreditation applying to the school; 21
(f) the school's governing body has not given the board documents 22
under section 42;17 23
(g) the board is not satisfied the documents given by the school's 24
governing body to the board, under section 42, are adequate in 25
helping the board to decide whether the school is complying with 26
the accreditation criteria. 27
15 Chapter 5 (Administration), part 3 (Authorised persons)
16 See section 39 (Suitability of governing body).
17 Section 42 (Demonstration of compliance)
s 64 46 s 65
Education (Accreditation of Non-State Schools)
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64 Show cause notice 1
(1) This section applies if-- 2
(a) the board reasonably believes a ground exists to cancel a school's 3
accreditation; and 4
(b) the board-- 5
(i) has not given, and does not propose to give, the school's 6
governing body a compliance notice under section 61 to 7
rectify a matter to which the ground relates; or 8
(ii) has given the governing body a compliance notice under 9
section 61 to rectify a matter to which the ground relates 10
and the governing body-- 11
(A) has failed to comply with the compliance notice within 12
the period stated in the notice; and 13
(B) does not have a reasonable excuse for the failure. 14
(2) The board must give the governing body a notice (a "show cause 15
notice") stating the following-- 16
(a) the action (the "proposed action") the board proposes taking 17
under this division; 18
(b) the grounds for the proposed action; 19
(c) an outline of the facts and circumstances forming the basis for 20
the grounds; 21
(d) an invitation to the governing body to show within a stated period 22
(the "show cause period") why the proposed action should not 23
be taken. 24
(3) The show cause period must be a period ending at least 30 days after 25
the show cause notice is given to the governing body. 26
65 Representations about show cause notice 27
(1) The governing body may make written representations about the 28
show cause notice to the board in the show cause period. 29
(2) The board must consider all written representations (the "accepted 30
representations") made under subsection (1). 31
s 66 47 s 68
Education (Accreditation of Non-State Schools)
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66 Ending show cause process without further action 1
If, after considering the accepted representations for the show cause 2
notice, the board no longer believes the ground exists to cancel the 3
accreditation, the board-- 4
(a) must not take further action about the show cause notice; and 5
(b) must, as soon as practicable, give notice to the school's 6
governing body that no further action is to be taken about the 7
show cause notice. 8
67 Cancellation 9
(1) This section applies if after considering the accepted representations 10
for the show cause notice, the board-- 11
(a) still believes the ground exists to cancel the accreditation; and 12
(b) believes cancellation of the accreditation is warranted. 13
(2) This section also applies if there are no accepted representations for 14
the show cause notice. 15
(3) The board may decide to cancel the accreditation. 16
(4) The board must, as soon as practicable, give an information notice 17
about the decision to the school's governing body. 18
(5) The decision does not take effect until-- 19
(a) the last day to apply for a review of the decision; or 20
(b) if an application is made for a review of the decision--the day 21
the application is decided or otherwise disposed of. 22
68 Return of cancelled certificate of accreditation to board 23
(1) This section applies if-- 24
(a) the board decides to cancel a school's accreditation and gives an 25
information notice about the decision to the school's governing 26
body; and 27
(b) the decision takes effect under section 67(5). 28
s 69 48 s 70
Education (Accreditation of Non-State Schools)
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(2) The governing body must return the certificate of accreditation to the 1
board within 14 days after the decision takes effect, unless the governing 2
body has a reasonable excuse. 3
Maximum penalty--20 penalty units. 4
(3) However, subsection (2) does not apply if the governing body made 5
an application to have the decision reviewed under chapter 4 and was 6
successful in having the decision overturned. 7
Division 3--Cancellation of provisional accreditations 8
69 Application of div 2 9
For cancelling a school's provisional accreditation, division 2, other than 10
sections 63 and 64(1)(b), applies as if-- 11
(a) an accreditation were a provisional accreditation; and 12
(b) a certificate of accreditation were a certificate of provisional 13
accreditation. 14
70 Grounds for cancellation 15
Each of the following is a ground for cancelling a school's provisional 16
accreditation-- 17
(a) the school was provisionally accredited because of a materially 18
false or misleading representation or declaration; 19
(b) the school's governing body is not a corporation; 20
(c) the school's governing body is not, or no longer, suitable to be 21
the school's governing body;18 22
(d) there has been a change, without the board's approval under 23
section 52, in an attribute of provisional accreditation applying to 24
the school. 25
18 See section 39 (Suitability of governing body).
s 71 49 s 73
Education (Accreditation of Non-State Schools)
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CHAPTER 3--GOVERNMENT FUNDING 1
PART 1--MINISTERIAL RESPONSIBILITY, AND 2
RESTRICTIONS ON APPLICATIONS, FOR 3
GOVERNMENT FUNDING 4
71 Minister responsible for deciding eligibility for Government 5
funding 6
The Minister is responsible for deciding whether a school's governing 7
body is eligible for Government funding for the school. 8
72 Restrictions on application for Government funding for school 9
(1) Subsection (2) applies if the Minister decides, under section 88, to 10
refuse to grant an application for Government funding for a school relating 11
to an aspect of the operation of the school. 12
(2) The school's governing body may not apply for Government funding 13
for the school for the aspect of the operation of the school until after the 14
period, starting after the day of the Minister's decision, prescribed under a 15
regulation. 16
PART 2--APPLICATIONS FOR GOVERNMENT 17
FUNDING 18
73 Application for Government funding for accredited school 19
(1) The governing body of an accredited school, not operated for profit, 20
may apply for Government funding for the school. 21
(2) The application must-- 22
(a) be in the approved form; and 23
(b) be made to the committee; and 24
s 74 50 s 75
Education (Accreditation of Non-State Schools)
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(c) be accompanied by the fee, if any, prescribed under a regulation. 1
(3) The committee must, as soon as practicable after receiving the 2
application, give the Minister a notice stating-- 3
(a) that the committee has received the application; and 4
(b) the day the application was received. 5
74 Application for Government funding for school not yet in 6
operation 7
(1) This section applies if the committee receives, under section 17,19 8
from the board-- 9
(a) a copy of an application for the accreditation of a school; and 10
(b) copies of the documents that accompanied the application. 11
(2) The applicant is taken to be an applicant for Government funding for 12
the school. 13
(3) The committee is taken to have received an application for 14
Government funding for the school. 15
(4) The applicant is taken to have made an application for Government 16
funding for the school on the day the board received the application for the 17
accreditation of the school. 18
PART 3--PUBLIC NOTIFICATION OF APPLICATIONS 19
Division 1--Preliminary 20
75 Application of pt 3 21
(1) This part applies if a school's governing body has made an 22
application for Government funding for the school. 23
(2) Also, this part applies if-- 24
19 Section 17 (If applicant seeks Government funding for the school)
s 76 51 s 76
Education (Accreditation of Non-State Schools)
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(a) a provisionally accredited school's governing body has made an 1
application, under section 49, about a change in an attribute of 2
provisional accreditation applying to the school, other than a 3
change in the school's governing body; and 4
(b) the change relates to an aspect of the operation of the school for 5
which the governing body is eligible for Government funding for 6
the school. 7
(3) In addition, this division applies if-- 8
(a) an accredited school's governing body has made an application, 9
under section 49 as applied by section 59, about a change in an 10
attribute of accreditation applying to the school, other than a 11
change in the school's governing body; and 12
(b) the change relates to an aspect of the operation of the school for 13
which the governing body is eligible for Government funding for 14
the school. 15
Division 2--Public notification requirements 16
76 Public notification 17
(1) Subsection (2) applies if the only mode of delivery of education used 18
at the school is distance education. 19
(2) Within 7 days after making an application to which this part applies, 20
the applicant must-- 21
(a) give notice about the application (the "catchment area notice") 22
to-- 23
(i) the governing body of any other school operating in the 24
State offering distance education in the State; and 25
(ii) the principal of any State school offering distance education 26
in the State; and 27
(b) publish the catchment area notice at least once in a newspaper 28
circulating throughout the State. 29
(3) Subsection (4) applies if the mode of delivery of education used at 30
the school does not only consist of distance education. 31
(4) Within 7 days after making the application, the applicant must-- 32
s 77 52 s 77
Education (Accreditation of Non-State Schools)
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(a) give notice about the application (also the "catchment area 1
notice") to-- 2
(i) the governing body of any other school operating in the 3
school's catchment area; and 4
(ii) the principal of any State school operating in the school's 5
catchment area; and 6
(b) publish the catchment area notice at least once in a newspaper 7
circulating throughout the school's catchment area. 8
(5) Subsection (6) applies if the application is about a change in the 9
mode of delivery of education, used at the school, to include distance 10
education. 11
(6) For subsection (4), the school's catchment area is taken to be the 12
catchment area that would apply if the change had been effected. 13
(7) The applicant must also give the catchment area notice to the 14
following persons-- 15
(a) the chief executive; 16
(b) the Executive Director, QCEC; 17
(c) the Executive Director, AISQ. 18
(8) This section is subject to section 84.20 19
77 Required content of catchment area notice 20
(1) The catchment area notice must state the following-- 21
(a) the name and address of the applicant; 22
(b) a brief description of the application; 23
(c) the school's location; 24
(d) a description of the school's catchment area; 25
(e) where the application may be inspected;21 26
20 Section 84 (Substantial compliance with notice requirements may be accepted)
21 See section 82 (Inspection of application).
s 78 53 s 78
Education (Accreditation of Non-State Schools)
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(f) where copies of the application, or part of the application, may 1
be obtained;22 2
(g) that anyone may make a submission to the committee about the 3
application; 4
(h) the period (the "submission period") during which submissions 5
may be made; 6
(i) how to make a properly made submission; 7
(j) any other matter prescribed under a regulation. 8
(2) The submission period must be at least 30 days after the publication 9
of the catchment area notice under section 76(2)(b) or (4)(b). 10
(3) In subsection (1)(e)-- 11
"application" includes copies of any documents that accompanied the 12
application. 13
78 Notice of compliance or noncompliance with notice requirements 14
(1) The applicant must, within 10 business days after publishing the 15
catchment area notice under section 76(2)(b) or (4)(b), give the committee 16
a notice stating-- 17
(a) whether or not the applicant has, for the application, complied 18
with the notice requirements under section 76; and 19
(b) the name and address of each person to whom the catchment area 20
notice was given under section 76(2)(a) or (4)(a). 21
(2) A copy of the page of the newspaper, mentioned in section 76(2)(b) 22
or (4)(b), containing the catchment area notice must be attached to the 23
notice. 24
(3) Subject to section 84, the committee may only make a 25
recommendation, under section 54,23 section 54 as applied by section 59, or 26
section 85, about the application if it is satisfied the applicant has complied 27
with the notice requirements under section 76. 28
22 See section 83 (Obtaining a copy of application).
23 Section 54 (Consideration of committee of effect on eligibility for Government
funding for school)
s 79 54 s 81
Education (Accreditation of Non-State Schools)
Bill 2001
Division 3--Submissions 1
79 Right to make submission 2
(1) A person may, within the submission period, make a submission to 3
the committee about the application. 4
(2) The submission may only address the eligibility for Government 5
funding criteria. 6
80 Acceptance of submissions 7
(1) The committee must accept a submission, made under section 79, if 8
it-- 9
(a) is written; and 10
(b) is signed by or for each person ("signatory") who made the 11
submission; and 12
(c) states the name and address of each signatory; and 13
(d) is made to the committee; and 14
(e) is received on or before the last day of the submission period. 15
(2) A submission complying with subsection (1) is called a "properly 16
made submission". 17
(3) The committee may accept a written submission even if it is not a 18
properly made submission. 19
81 Response to submissions 20
(1) The committee must, within 10 business days after the submission 21
period ends, give the applicant copies of all submissions accepted by the 22
committee under section 80. 23
(2) The applicant must, within the relevant period, consider the 24
submissions and give the committee a statement of the applicant's response 25
to the submissions. 26
(3) In this section-- 27
"relevant period" means the later of the following periods to end-- 28
s 82 55 s 83
Education (Accreditation of Non-State Schools)
Bill 2001
(a) 20 business days after the applicant is given copies of all 1
submissions accepted by the committee under section 80; 2
(b) if the committee and applicant have, within the 20 business days, 3
agreed to a longer period--the longer period. 4
Division 4--Public access to applications 5
82 Inspection of application 6
(1) The committee must, without charge, allow a person to inspect the 7
application. 8
(2) The application is to be made available for inspection, during 9
ordinary office hours, at the board office. 10
(3) The applicant must, without charge, allow a person to inspect the 11
application during ordinary office hours at-- 12
(a) if the applicant is a company under the Corporations Act--the 13
applicant's registered office under that Act; or 14
(b) otherwise--the applicant's principal place of business in the 15
State. 16
(4) In this section-- 17
"application" includes copies of any documents that accompanied the 18
application. 19
83 Obtaining a copy of application 20
(1) If a person asks the applicant for a copy of the application, or part of 21
the application, the applicant must without charge give the person the copy. 22
(2) In this section-- 23
"application" does not include copies of any documents that accompanied 24
the application. 25
s 84 56 s 84
Education (Accreditation of Non-State Schools)
Bill 2001
Division 5--Noncompliance with notice requirements 1
84 Substantial compliance with notice requirements may be accepted 2
(1) This section applies if, after receiving a notice from the applicant 3
under section 78, the committee is not satisfied the applicant has complied 4
with the notice requirements under section 76. 5
(2) If the committee is satisfied there has been substantial compliance 6
with the requirements, it must decide to make a recommendation, under 7
section 54,24 section 54 as applied by section 59, or section 85, about the 8
application. 9
(3) If the committee does not make the decision mentioned in 10
subsection (2), it must as soon as practicable notify the applicant of the 11
following-- 12
(a) the committee is not satisfied the applicant has complied with the 13
notice requirements; 14
(b) the notice requirements that have not been complied with (the 15
"outstanding notice requirements"); 16
(c) what the applicant must do to comply with the outstanding notice 17
requirements and a reasonable period within which the 18
outstanding notice requirements must be complied with. 19
(4) If the applicant receives a notice under subsection (3), the committee 20
must not make the recommendation unless it is satisfied there has been 21
substantial compliance with the outstanding notice requirements within the 22
stated period. 23
(5) If the committee is not satisfied there has been substantial 24
compliance with the outstanding notice requirements within the stated 25
period, it-- 26
(a) must not make the recommendation; and 27
(b) must notify the Minister, board and applicant that the 28
recommendation will not be made and the reason for not making 29
the recommendation. 30
24 Section 54 (Consideration of committee of effect on eligibility for Government
funding for school)
s 85 57 s 85
Education (Accreditation of Non-State Schools)
Bill 2001
(6) If the application is of the type mentioned in section 73,25 the 1
application is taken to have been withdrawn immediately after the 2
notification under subsection (5)(b). 3
(7) If the application is other than of the type mentioned in section 73, 4
the aspect of the application about Government funding for the school is 5
taken to have been withdrawn immediately after the notification under 6
subsection (5)(b). 7
(8) In this section-- 8
"notice requirements under section 76" does not include the requirement 9
about the time, mentioned in section 76, within which the other 10
requirements must be complied with. 11
PART 4--RECOMMENDATIONS BY COMMITTEE 12
ABOUT APPLICATIONS FOR GOVERNMENT 13
FUNDING 14
85 Recommendation by committee about application 15
(1) The committee must-- 16
(a) consider an application for Government funding for a school 17
received by the committee; and 18
(b) after considering the application, make a recommendation about 19
whether the applicant is eligible for Government funding for the 20
school; and 21
(c) as soon as practicable after making the recommendation, give the 22
recommendation to the board. 23
(2) As soon as practicable after receiving the recommendation, the board 24
must give the recommendation to the Minister. 25
(3) In considering an application for Government funding for a school 26
that is not yet in operation, the committee must have regard to the 27
following criteria (the "eligibility for Government funding criteria")-- 28
25 Section 73 (Application for Government funding for accredited school)
s 85 58 s 85
Education (Accreditation of Non-State Schools)
Bill 2001
(a) the likely impact the operation of the school will have on any 1
other schools or State schools operating in the subject school's 2
catchment area within 5 years after the school's student-intake 3
day; 4
(b) the extent of religious, philosophical, or educational delivery, 5
choice in education that prospective students residing in the 6
school's catchment area are likely to have with the establishment 7
of the school; 8
(c) whether the anticipated enrolment of students, other than 9
overseas students, at the school is more than the minimum 10
enrolment, prescribed under a regulation, for a school offering 11
the same type of education as that proposed to be offered at the 12
school; 13
(d) the projected population of school-age children likely to reside in 14
the school's catchment area within 5 years after the school's 15
student-intake day; 16
(e) the extent of any unfilled enrolment capacity of any other schools 17
or State schools operating in the school's catchment area. 18
(4) In considering an application for Government funding for a school 19
that is in operation, the committee must have regard to the following 20
criteria (also the "eligibility for Government funding criteria")-- 21
(a) the likely impact the operation of the school will have on any 22
other schools or State schools operating in the subject school's 23
catchment area within 5 years after the year in which the 24
application is being considered; 25
(b) the extent of religious, philosophical, or educational delivery, 26
choice in education that students residing in the school's 27
catchment area have with the existence of the school; 28
(c) whether the enrolment of students, other than overseas students, 29
at the school is more than the minimum enrolment, prescribed 30
under a regulation, for a school offering the same type of 31
education as that offered at the school; 32
(d) the projected population of school-age children likely to reside in 33
the school's catchment area within 5 years after the year in which 34
the application is being considered; 35
(e) the extent of any unfilled enrolment capacity of any other schools 36
or State schools operating in the school's catchment area. 37
s 86 59 s 86
Education (Accreditation of Non-State Schools)
Bill 2001
(5) In this section-- 1
"enrolment capacity", of a school or State school, means the capacity of 2
the school's, or State school's, general learning areas to accommodate 3
more students. 4
"overseas student" means a person who-- 5
(a) is not an Australian resident; or 6
(b) holds a student visa issued under the Migration Act 1958 7
(Cwlth). 8
"recommendation" includes reasons for the recommendation. 9
86 Likely impact of establishment of school on other schools or State 10
schools 11
(1) In considering the criterion mentioned in section 85(3)(a), the 12
committee must have regard to the following-- 13
(a) whether there is likely to be a reduction in enrolments at any of 14
the other schools or State schools within the 5 year period 15
because of the establishment of the subject school; 16
(b) whether there is likely to be a reduction in curriculum offerings 17
at any of the other schools or State schools within the 5 year 18
period because of the establishment of the subject school; 19
(c) whether there is likely to be a closure of any of the other schools 20
or State schools within the 5 year period because of the 21
establishment of the subject school. 22
(2) In considering the criterion mentioned in section 85(4)(a), the 23
committee must have regard to the following-- 24
(a) whether there is likely to be a reduction in enrolments at any of 25
the other schools or State schools within the 5 year period 26
because the subject school is a Government-funded school; 27
(b) whether there is likely to be a reduction in curriculum offerings 28
at any of the other schools or State schools within the 5 year 29
period because the subject school is a Government-funded 30
school; 31
s 87 60 s 88
Education (Accreditation of Non-State Schools)
Bill 2001
(c) whether there is likely to be a closure of any of the other schools 1
or State schools within the 5 year period because the subject 2
school is a Government-funded school. 3
87 Further information or documents to support application 4
(1) The committee may, by notice given to an applicant for Government 5
funding for a school, require the applicant to give the committee within a 6
reasonable time of at least 30 days stated in the notice, further information 7
or a document the committee reasonably requires to make its 8
recommendation on the application. 9
(2) The applicant is taken to have withdrawn the application if, within 10
the stated time, the applicant does not comply with the requirement. 11
(3) When giving the notice, the committee must have regard to the time 12
remaining for the Minister to decide the application. 13
PART 5--DECISION OF MINISTER 14
88 Decision on application 15
(1) This section applies if the Minister receives a recommendation, 16
under section 85(2), about an application for Government funding for a 17
school. 18
(2) The Minister must decide whether the applicant is eligible for 19
Government funding for the school. 20
(3) In making the decision, the Minister must have regard to the 21
following-- 22
(a) the recommendation; 23
(b) the eligibility for Government funding criteria. 24
(4) In considering the criterion mentioned in section 85(3)(a) or (4)(a), 25
the Minister must have regard to the same matters the committee must have 26
regard to under section 86. 27
(5) To remove doubt, it is declared that the Minister is not bound by the 28
recommendation. 29
s 89 61 s 90
Education (Accreditation of Non-State Schools)
Bill 2001
(6) If the Minister decides to grant the application, the Minister must as 1
soon as practicable give the applicant and board notice of the decision. 2
(7) If the Minister decides to refuse to grant the application, the Minister 3
must as soon as practicable-- 4
(a) give the applicant an information notice about the decision; and 5
(b) if the application is part of an application for the accreditation of 6
the school--give the board notice of the decision. 7
(8) In this section-- 8
"recommendation" includes reasons for the recommendation. 9
89 Further information or documents to support application 10
(1) The Minister may, by notice given to the applicant, require the 11
applicant to give the Minister within a reasonable time of at least 30 days 12
stated in the notice, further information or a document the Minister 13
reasonably requires to decide the application. 14
(2) The applicant is taken to have withdrawn the application if, within 15
the stated time, the applicant does not comply with the requirement. 16
(3) When giving the notice, the Minister must have regard to the time 17
remaining for the Minister to decide the application. 18
90 Failure to decide application 19
(1) If the Minister fails to decide the application within 9 months after 20
the application was made-- 21
(a) the failure is taken to be a decision of the Minister to refuse to 22
grant the application; and 23
(b) the Minister must, as soon as practicable-- 24
(i) give the applicant an information notice about the decision; 25
and 26
(ii) if the application is part of an application for the 27
accreditation of the school--give the board notice of the 28
decision. 29
(2) This section is subject to section 91. 30
s 91 62 s 91
Education (Accreditation of Non-State Schools)
Bill 2001
91 Further consideration of application 1
(1) This section applies if the Minister considers further time is needed 2
to make a decision on the application because of the complexity of the 3
matters that need to be considered in deciding the application. 4
(2) The applicant and Minister may at any time before the final 5
consideration day agree in writing on a day (the "agreed extended day") 6
by which the decision is to be made. 7
(3) The Minister must, as soon as practicable, notify the board of the 8
agreed extended day. 9
(4) If the Minister fails to make the decision by the agreed extended 10
day-- 11
(a) the failure is taken to be a decision of the Minister to refuse to 12
grant the application; and 13
(b) the Minister must, as soon as practicable-- 14
(i) give the applicant an information notice about the decision; 15
and 16
(ii) if the application is part of an application for the 17
accreditation of the school--give the board notice of the 18
decision. 19
(5) If the application is part of an application for the accreditation of the 20
school and the Minister gives a notice under subsection (3), the period in 21
which the board must decide whether to provisionally accredit the school is 22
also extended to the agreed extended day. 23
(6) In this section-- 24
"final consideration day" means the day that is 9 months after the 25
application was received by the board. 26
s 92 63 s 94
Education (Accreditation of Non-State Schools)
Bill 2001
PART 6--WITHDRAWAL OF ELIGIBILITY FOR 1
GOVERNMENT FUNDING 2
Division 1--Preliminary 3
92 Application of pt 6 4
This part applies to a school, the governing body of which is eligible for 5
Government funding for the school. 6
Division 2--Withdrawal after show cause process 7
93 Grounds for withdrawal 8
Each of the following is a ground for the withdrawal of the eligibility for 9
Government funding-- 10
(a) the school is being operated for profit; 11
(b) the school's governing body did not allow an auditor to enter the 12
school's premises under section 150, after the auditor complied 13
with section 151;26 14
(c) the school's governing body did not comply with section 162.27 15
94 Show cause notice 16
(1) This section applies if the board believes a ground exists for the 17
withdrawal of the eligibility for Government funding. 18
(2) The board must give the governing body a notice (a "show cause 19
notice") stating the following-- 20
(a) the recommendation (the "proposed recommendation") the 21
board proposes to make under this division; 22
(b) the grounds for the proposed recommendation; 23
26 Section 151 (Notice of entry)
27 Section 162 (School survey data)
s 95 64 s 97
Education (Accreditation of Non-State Schools)
Bill 2001
(c) an outline of the facts and circumstances forming the basis for 1
the grounds; 2
(d) an invitation to the governing body to show within a stated period 3
(the "show cause period") why the proposed recommendation 4
should not be made. 5
(3) The show cause period must be a period ending at least 30 days after 6
the show cause notice is given to the governing body. 7
95 Representations about show cause notice 8
(1) The governing body may make written representations about the 9
show cause notice to the board in the show cause period. 10
(2) The board must consider all written representations (the "accepted 11
representations") made under subsection (1). 12
96 Ending show cause process without further action 13
If, after considering the accepted representations for the show cause 14
notice, the board no longer believes the ground exists for the withdrawal of 15
the eligibility for Government funding, the board -- 16
(a) must not take further action about the show cause notice; and 17
(b) must, as soon as practicable, give notice to the governing body 18
that no further action is to be taken about the show cause notice. 19
97 Recommendation by board 20
(1) This section applies if after considering the accepted representations 21
for the show cause notice, the board still believes the ground exists for the 22
withdrawal of the eligibility for Government funding. 23
(2) This section also applies if there are no accepted representations for 24
the show cause notice. 25
(3) The board must make a recommendation that the eligibility for 26
Government funding be withdrawn. 27
(4) The board must, as soon as practicable after making the 28
recommendation, give the recommendation to the Minister. 29
(5) In this section-- 30
s 98 65 s 99
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"recommendation" includes reasons for the recommendation. 1
98 Decision of Minister 2
(1) This section applies if the Minister receives a recommendation under 3
section 97(4). 4
(2) The Minister must decide whether the eligibility for Government 5
funding should be withdrawn. 6
(3) In making the decision, the Minister must have regard to the 7
recommendation. 8
(4) To remove doubt, it is declared that the Minister is not bound by the 9
recommendation. 10
(5) If the Minister decides to withdraw the eligibility for Government 11
funding, the Minister must as soon as practicable-- 12
(a) give the governing body an information notice about the 13
decision; and 14
(b) give the board notice of the decision. 15
(6) The decision does not take effect until-- 16
(a) the last day to apply for a review of the decision; or 17
(b) if an application is made for a review of the decision--the day 18
the application is decided or otherwise disposed of. 19
(7) If the Minister decides not to withdraw the eligibility for Government 20
funding, the Minister must as soon as practicable give the board and 21
governing body notice of the decision. 22
(8) In this section-- 23
"recommendation" includes reasons for the recommendation. 24
Division 3--Automatic withdrawal 25
99 Effect of cancellation of provisional accreditation or accreditation 26
(1) This section applies if the school is provisionally accredited or 27
accredited. 28
s 100 66 s 102
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(2) If the provisional accreditation or accreditation is cancelled, the 1
eligibility for Government funding is taken to be withdrawn when the 2
cancellation takes effect under this Act. 3
100 Effect of decision to refuse to provisionally accredit, or accredit, 4
school 5
(1) This section applies if an application has been made to accredit the 6
school. 7
(2) If the board decides to refuse to provisionally accredit, or accredit, 8
the school, the eligibility for Government funding is withdrawn when the 9
decision takes effect under this Act. 10
CHAPTER 4--REVIEWS OF DECISIONS 11
101 Who may apply for review 12
A person who is given, or is entitled to be given, an information notice 13
for a decision (the "original decision") and who is dissatisfied with the 14
decision may apply to the Minister for a review of the decision. 15
102 Applying for review 16
(1) The application must be made within 28 days after-- 17
(a) if the person is given an information notice about the 18
decision--the day the person is given the information notice; or 19
(b) if paragraph (a) does not apply--the day the person otherwise 20
becomes aware of the decision. 21
(2) The Minister may, at any time, extend the time for applying for the 22
review. 23
(3) The application for review must be in writing and state fully the 24
grounds of the application. 25
s 103 67 s 104
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103 Review decision about board's decision 1
(1) This section applies if the original decision was made by the board. 2
(2) The applicant must serve a copy of the application on the board. 3
(3) The Minister must conduct the review on-- 4
(a) the material before the board that led to the original decision; and 5
(b) the reasons for the original decision; and 6
(c) any other relevant material the Minister allows (the "allowed 7
material"). 8
(4) For the review, the Minister must give the applicant and board a 9
reasonable opportunity to make written representations to the Minister. 10
(5) Without limiting subsection (4), if the allowed material affects the 11
Minister's decision, the Minister must give the applicant and board a 12
reasonable opportunity to make written representations to the Minister on 13
the material. 14
(6) After reviewing the original decision, the Minister must make a 15
further decision (the "review decision") to-- 16
(a) refer the matter to which the decision relates back to the board 17
for further consideration, subject to any directions decided by the 18
Minister; or 19
(b) decline to refer the matter to which the decision relates back to 20
the board for further consideration. 21
(7) The board must comply with the Minister's directions under 22
subsection (6)(a). 23
(8) The Minister must, as soon as practicable, give the applicant notice 24
of the review decision and any directions under subsection (6)(a). 25
(9) In the board's annual report for a financial year, under the Financial 26
Administration and Audit Act 1977, the board must also include details of 27
all directions received by it, under subsection (6)(a), during the financial 28
year. 29
104 Review decision about Minister's decision 30
(1) This section applies if the original decision was made by the 31
Minister. 32
s 104 68 s 104
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(2) The Minister must conduct the review on-- 1
(a) the material that led to the original decision; and 2
(b) the reasons for the original decision; and 3
(c) any other relevant material the Minister allows (the "allowed 4
material"). 5
(3) For the review, the Minister must give the applicant a reasonable 6
opportunity to make written representations to the Minister. 7
(4) Without limiting subsection (3), if the allowed material affects the 8
Minister's decision, the Minister must give the applicant a reasonable 9
opportunity to make written representations to the Minister on the material. 10
(5) After reviewing the original decision, the Minister must make a 11
further decision (the "review decision") to-- 12
(a) confirm the original decision; or 13
(b) amend the original decision; or 14
(c) substitute another decision for the original decision. 15
(6) The Minister must, as soon as practicable, give the applicant notice 16
(the "review notice") of the review decision. 17
(7) If the review decision is not the decision sought by the applicant, the 18
review notice must also state the reasons for the review decision. 19
s 105 69 s 107
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CHAPTER 5--ADMINISTRATION 1
PART 1--NON-STATE SCHOOLS ACCREDITATION 2
BOARD 3
Division 1--Establishment and functions 4
105 Establishment of board 5
The Non-State Schools Accreditation Board is established. 6
106 Functions of board 7
The board has the following functions-- 8
(a) to assess applications for accreditation of schools; 9
(b) to accredit schools complying with the accreditation criteria; 10
(c) to keep a register of provisionally accredited, and accredited, 11
schools; 12
(d) to monitor whether accredited schools continue to comply with 13
the accreditation criteria; 14
(e) to examine, and advise the Minister about, the operation of the 15
accreditation scheme under this Act; 16
(f) to perform other functions given to the board under this Act or 17
another Act. 18
Division 2--Membership 19
107 Membership of board 20
(1) The board consists of the following persons appointed by the 21
Governor in Council-- 22
s 108 70 s 109
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(a) the person nominated by the Minister as the chairperson of the 1
board (the "chairperson"); 2
(b) 3 nominees of the Minister (the "Minister's consultation 3
nominees"), nominated after consulting with AISQ and QCEC; 4
(c) 1 nominee of the chief executive; 5
(d) 1 nominee of AISQ; 6
(e) 1 nominee of QCEC. 7
(2) A Minister's consultation nominee-- 8
(a) must not be a person who is-- 9
(i) an employee of the department; or 10
(ii) working full-time in an accredited school; or 11
(iii) a director of an accredited school's governing body; or 12
(iv) a member of an entity representing the interests of 13
governing bodies of accredited schools; and 14
(b) must have the qualifications, experience or standing the Minister 15
considers appropriate for membership of the board. 16
108 Nominee of AISQ or QCEC 17
(1) This section applies to the nomination of a person for membership of 18
the board by an entity under section 107(1)(d) or (e). 19
(2) The Minister must give the entity a notice stating a reasonable time 20
within which it may nominate a person for the membership. 21
(3) If the entity does not nominate a person for membership of the board 22
within the time stated in the notice, the Minister may nominate a person for 23
membership and the nomination is taken to have been made by the entity. 24
109 Term of appointment 25
A member must be appointed for a term of not more than 4 years. 26
s 110 71 s 112
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110 Deputy chairperson of board 1
(1) The board must appoint a member as the deputy chairperson of the 2
board. 3
(2) The deputy chairperson holds office for the term decided by the 4
board. 5
(3) A vacancy occurs in the office of deputy chairperson if the person 6
holding the office resigns the office by signed notice of resignation given 7
to the Minister or ceases to be a member. 8
(4) However, a person resigning the office of deputy chairperson may 9
continue to be a member. 10
(5) The deputy chairperson is to act as chairperson-- 11
(a) during a vacancy in the office of chairperson; and 12
(b) during all periods when the chairperson is absent from duty or, 13
for another reason, can not perform the functions of the office. 14
111 Disqualification from membership 15
(1) A person can not become, or continue as, a member if the person is, 16
or has been, convicted of an indictable offence. 17
(2) This section is subject to section 112. 18
112 Discretion if member convicted of indictable offence 19
(1) If the Minister considers it would be reasonable, having regard to the 20
circumstances of the indictable offence of which a person has been 21
convicted, the Minister may-- 22
(a) if the person was a member when convicted--give notice to the 23
chairperson and the person that the person is restored as a 24
member, and may be later reappointed, despite the conviction; or 25
(b) otherwise--give written approval for the person to become a 26
member despite the conviction. 27
(2) On the day the chairperson receives a notice under 28
subsection (1)(a)-- 29
(a) the person is restored as a member; and 30
s 113 72 s 115
Education (Accreditation of Non-State Schools)
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(b) if another person has been appointed to fill the vacancy--the 1
other person's appointment ends. 2
(3) If a person is restored as a member under subsection (2), the person's 3
term of office as a member ends when it would have ended if the person 4
had not been convicted of the offence. 5
113 Vacation of office 6
(1) A member is taken to have vacated office if the member-- 7
(a) resigns his or her office by signed notice of resignation given to 8
the Minister; or 9
(b) can not continue as a member under section 111; or 10
(c) is absent, without the board's permission, from 3 consecutive 11
board meetings of which proper notice has been given. 12
(2) Also, a member who is a Minister's consultation nominee is taken to 13
have vacated office if the member becomes a person mentioned in 14
section 107(2)(a). 15
(3) Subsection (1)(b) has effect subject to section 112. 16
(4) In this section-- 17
"meeting" means-- 18
(a) if the member does not attend--a meeting with a quorum 19
present; or 20
(b) if the member attends--a meeting with or without a quorum 21
present. 22
114 When notice of resignation takes effect 23
A notice of resignation mentioned in section 110(3) or 113(1)(a) takes 24
effect when the notice is given to the Minister or, if a later time is stated in 25
the notice, the later time. 26
115 Remuneration of a member 27
A member is entitled to be paid the fees and allowances decided by the 28
Governor in Council. 29
s 116 73 s 119
Education (Accreditation of Non-State Schools)
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Division 3--Board business 1
116 Conduct of business 2
Subject to this division, the board must conduct its business, including 3
its meetings, in the way it considers appropriate. 4
117 Times and places of meetings 5
(1) Board meetings must be held at the times and places the chairperson 6
decides. 7
(2) However, the chairperson must call a meeting if asked, in writing, to 8
do so by the Minister or at least the number of members required to form a 9
quorum for the board. 10
(3) The board must meet as often as necessary for it to perform its 11
functions. 12
(4) Without limiting subsection (3), the board must meet at least 4 times 13
a year. 14
118 Quorum 15
A quorum for the board is the number equal to one-half of the number of 16
its members or, if one-half is not a whole number, the next highest whole 17
number. 18
119 Presiding at meetings 19
(1) The chairperson must preside at all board meetings at which the 20
chairperson is present. 21
(2) If the chairperson is absent from a board meeting, but the deputy 22
chairperson is present, the deputy chairperson must preside. 23
(3) If the chairperson and deputy chairperson are both absent from a 24
board meeting or the offices are vacant, a member chosen by the members 25
present must preside. 26
s 120 74 s 123
Education (Accreditation of Non-State Schools)
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120 Attendance by proxy 1
(1) A member may attend a board meeting by proxy. 2
(2) A member is not entitled to preside at a meeting merely because the 3
member is the proxyholder for another member who, if present, would be 4
entitled to preside. 5
121 Conduct of meetings 6
(1) A question at a board meeting is decided by a majority of the votes of 7
the members present. 8
(2) Each member present at a board meeting has a vote on each question 9
to be decided and, if the votes are equal, the member presiding also has a 10
casting vote. 11
(3) A member present at a board meeting who abstains from voting is 12
taken to have voted for the negative. 13
(4) The board may hold meetings, or allow members to take part in its 14
meetings, by using any technology allowing reasonably contemporaneous 15
and continuous communication between members taking part in the 16
meetings, including, for example, by using teleconferencing. 17
(5) A member who takes part in a board meeting under subsection (4) is 18
taken to be present at the meeting. 19
(6) A resolution is validly made by the board, even if it is not passed at a 20
board meeting, if-- 21
(a) notice of the resolution is given under procedures approved by 22
the board; and 23
(b) a majority of the members gives written agreement to the 24
resolution. 25
122 Minutes 26
The board must keep minutes of its meetings. 27
123 Disclosure of interest 28
(1) This section applies to a member (the "interested member") if-- 29
s 123 75 s 123
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(a) the interested member has a direct or indirect interest in an issue 1
being considered, or about to be considered, by the board; and 2
(b) the interest could conflict with the proper performance of the 3
interested member's duties for considering the issue. 4
(2) As soon as practicable after the relevant facts come to the interested 5
member's knowledge, the interested member must disclose the nature of 6
the interest to a board meeting. 7
(3) Unless the board otherwise directs, the interested member must 8
not-- 9
(a) be present when the board considers the issue; or 10
(b) take part in a decision of the board about the issue. 11
(4) The interested member must not be present when the board is 12
considering whether to give a direction under subsection (3). 13
(5) If there is another member who must, under subsection (2), also 14
disclose an interest in the issue, the other member must not-- 15
(a) be present when the board is considering whether to give a 16
direction mentioned in subsection (3) about the interested 17
member; or 18
(b) take part in making the decision about giving the direction. 19
(6) If-- 20
(a) because of this section, a member is not present at a board 21
meeting for considering or deciding an issue, or for considering 22
or deciding whether to give a direction under subsection (3); and 23
(b) there would be a quorum if the member were present; 24
the remaining members present are a quorum of the board for considering 25
or deciding the issue, or for considering or deciding whether to give the 26
direction, at the meeting. 27
(7) A disclosure under subsection (2) must be recorded in the board's 28
minutes. 29
s 124 76 s 126
Education (Accreditation of Non-State Schools)
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Division 4--Board committees 1
124 Committees 2
(1) The board may establish committees of the board for effectively and 3
efficiently performing its functions. 4
(2) The Non-State Schools Eligibility for Government Funding 5
Committee is taken to be a committee of the board. 6
(3) A committee may include a person who is not a member. 7
(4) The board must decide the terms of reference of a committee, other 8
than the Non-State Schools Eligibility for Government Funding 9
Committee. 10
(5) The board may decide matters about a committee that are not 11
provided for under this Act, including, for example, the way a committee 12
must conduct meetings. 13
Division 5--Administrative support of board and its committees 14
125 Administrative support 15
The chief executive must ensure the board and its committees have the 16
administrative support services reasonably required for the bodies to carry 17
out their functions effectively and efficiently. 18
Division 6--Other provisions about the board 19
126 Board is statutory body under the Financial Administration and 20
Audit Act 1977 21
The board is a statutory body under the Financial Administration and 22
Audit Act 1977. 23
s 127 77 s 129
Education (Accreditation of Non-State Schools)
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127 Board is statutory body under the Statutory Bodies Financial 1
Arrangements Act 1982 2
(1) The board is a statutory body under the Statutory Bodies Financial 3
Arrangements Act 1982. 4
(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B28 5
sets out the way in which the board's powers under this Act are affected by 6
the Statutory Bodies Financial Arrangements Act 1982. 7
128 Guidelines 8
(1) The board may make guidelines about-- 9
(a) the methodology to be followed in considering matters relevant 10
to the board's decision about a school's compliance with the 11
accreditation criteria; or 12
(b) the methodology to be followed in the committee's consideration 13
of the eligibility for Government funding criteria in relation to a 14
school; or 15
(c) administrative matters relevant to applications under this Act. 16
(2) A guideline may be amended or replaced by a later guideline made 17
under this section. 18
(3) The board must keep copies of a guideline available for supply to 19
persons and allow a person to obtain a copy of the guideline, or a part of the 20
guideline, without fee. 21
PART 2--NON-STATE SCHOOLS ELIGIBILITY FOR 22
GOVERNMENT FUNDING COMMITTEE 23
129 Establishment of committee 24
A committee known as the Non-State Schools Eligibility for 25
Government Funding Committee is established. 26
28 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this Act
and relationship with other Acts)
s 130 78 s 131
Education (Accreditation of Non-State Schools)
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130 Functions of committee 1
The committee has the following functions-- 2
(a) to assess, or reassess, the eligibility of a school's governing body 3
for Government funding for the school; 4
(b) to make recommendations, for the Minister's consideration, 5
about the eligibility of a school's governing body for 6
Government funding for the school. 7
131 Membership of committee 8
(1) The committee consists of the following persons appointed by the 9
board-- 10
(a) 1 nominee of the Minister, who is the chairperson of the 11
committee; 12
(b) 1 nominee of the Minister (the "Minister's consultation 13
committee nominee"), nominated after consulting with AISQ 14
and QCEC; 15
(c) 1 nominee of the chief executive; 16
(d) 1 nominee of AISQ; 17
(e) 1 nominee of QCEC; 18
(f) 1 nominee of the board who has expertise in demography and 19
town-planning matters, whose nomination is agreed to by the 20
chief executive, AISQ and QCEC. 21
(2) The Minister's consultation committee nominee-- 22
(a) must not be a person who is-- 23
(i) an employee of the department; or 24
(ii) working full-time in an accredited school; or 25
(iii) a director of an accredited school's governing body; or 26
(iv) a member of an entity representing the interests of 27
governing bodies of accredited schools; and 28
(b) must have the qualifications, experience or standing the Minister 29
considers appropriate to membership of the committee. 30
s 132 79 s 135
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132 Participation of board's chairperson in committee's meetings 1
(1) The board's chairperson may participate in any of the committee's 2
deliberations, but has no voting rights at a meeting of the committee. 3
(2) For the purpose mentioned in subsection (1), the committee must 4
give the board's chairperson timely notice of a meeting of the committee. 5
133 Certain nominee committee members 6
(1) This section applies for the nomination of a person for a position on 7
the committee under section 131(1)(d) or (e). 8
(2) The board must give the entity who may make the nomination a 9
notice stating a reasonable time within which it may nominate the person 10
for the position. 11
(3) If the entity does not nominate a person for the position within the 12
time stated in the notice, the board may nominate a person for the position 13
and the nomination is taken to have been made by the entity. 14
134 Remuneration of a committee member 15
A committee member is entitled to be paid the fees and allowances 16
decided by the Governor in Council. 17
135 Disclosure of interests by committee members 18
(1) This section applies to a committee member (the "interested 19
member") if-- 20
(a) the interested member has a direct or indirect financial interest in 21
an issue being considered, or about to be considered, by the 22
committee; and 23
(b) the interest could conflict with the proper performance of the 24
interested member's duties about the consideration of the issue. 25
(2) As soon as practicable after the relevant facts come to the interested 26
member's knowledge, the interested member must disclose the nature of 27
the interest to a committee meeting. 28
(3) Unless the committee otherwise directs, the interested member must 29
not-- 30
s 136 80 s 136
Education (Accreditation of Non-State Schools)
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(a) be present when the committee considers the issue; or 1
(b) take part in a decision of the committee about the issue. 2
(4) The interested member must not be present when the committee is 3
considering whether to give a direction under subsection (3). 4
(5) If there is another committee member who must, under 5
subsection (2), also disclose an interest in the issue, the other committee 6
member must not-- 7
(a) be present when the committee is considering whether to give a 8
direction under subsection (3) about the interested member; or 9
(b) take part in making the decision about giving the direction. 10
(6) If-- 11
(a) because of this section, a committee member is not present at a 12
committee meeting for considering or deciding an issue, or for 13
considering or deciding whether to give a direction under 14
subsection (3); and 15
(b) there would be a quorum if the committee member were present; 16
the remaining committee members present are a quorum of the committee 17
for considering or deciding the issue, or for considering or deciding 18
whether to give the direction, at the meeting. 19
(7) A disclosure under subsection (2) must be recorded in the 20
committee's minutes. 21
PART 3--AUTHORISED PERSONS 22
Division 1--Preliminary 23
136 Application of Commission for Children and Young People Act 24
2000, pt 6 25
For the Commission for Children and Young People Act 2000, part 6,29 a 26
person is taken to be a person carrying on a regulated business under that 27
Act by being an authorised person. 28
s 137 81 s 140
Education (Accreditation of Non-State Schools)
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Division 2--Functions and powers of authorised persons 1
137 Function of assessor 2
An assessor has the function of finding out whether a provisionally 3
accredited, or accredited, school is complying with the accreditation 4
criteria. 5
138 Function of auditor 6
An auditor has the function of verifying school survey data relating to a 7
provisionally accredited, or accredited, school given to the board under 8
section 162.30 9
139 Powers of authorised person 10
For this Act, an authorised person has the powers given to the person 11
under this Act. 12
Division 3--Appointment of authorised persons and other matters 13
140 Appointment 14
(1) The board may, in writing, appoint a person as an assessor if the 15
board considers the person-- 16
(a) has the necessary expertise or experience to be an assessor; and 17
(b) to be a suitable person to perform the function of an assessor. 18
(2) Subsection (1) does not limit the issues the board may consider when 19
deciding whether to appoint a person as an assessor. 20
(3) The board may, in writing, appoint a person as an auditor if the board 21
considers the person-- 22
(a) has the necessary expertise or experience to be an auditor; and 23
29 Commission for Children and Young People Act 2000, part 6 (Employment
screening for child-related employment)
30 Section 162 (School survey data)
s 141 82 s 142
Education (Accreditation of Non-State Schools)
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(b) to be a suitable person to perform the function of an auditor. 1
(4) Subsection (3) does not limit the issues the board may consider when 2
deciding whether to appoint a person as an auditor. 3
(5) A person may be appointed both an assessor and an auditor. 4
141 Suitability of proposed authorised person 5
(1) This section applies if the board is considering whether to appoint a 6
person as an assessor or auditor. 7
(2) The board must decide that the person is not a suitable person to 8
perform the function of an assessor or auditor if the person does not have a 9
current positive notice. 10
(3) Also, in considering the suitability of the person to perform the 11
function of an assessor or auditor, the board must have regard to, and may 12
make inquiries about, the person's character and standing. 13
(4) Subsections (2) and (3) do not limit the issues to which the board 14
may have regard in considering the suitability of a person to perform the 15
function of an assessor or auditor. 16
142 Appointment conditions 17
(1) An authorised person holds office on the conditions stated in the 18
instrument of appointment. 19
(2) One of the conditions must be that the authorised person notify the 20
board of any application made, under the Commission for Children and 21
Young People Act 2000, section 10131 by the authorised person to the 22
commissioner for a further suitability notice within 7 days after making the 23
application. 24
(3) If the instrument of appointment provides for a term of appointment, 25
the authorised person ceases to hold office at the end of the term. 26
(4) An authorised person may resign by signed notice of resignation 27
given to the board. 28
31 Commission for Children and Young People Act 2000, section 101 (Application for
notice--regulated business)
s 143 83 s 146
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143 Identity card 1
(1) The board must give an identity card to each authorised person. 2
(2) The identity card must-- 3
(a) contain a recent photograph of the authorised person; and 4
(b) contain a copy of the authorised person's signature; and 5
(c) identify the person as an assessor, an auditor, or an assessor and 6
an auditor, for this Act; and 7
(d) state an expiry date for the card. 8
(3) This section does not prevent the issue of a single identity card to a 9
person for this Act and other Acts. 10
144 Failure to return identity card 11
A person who ceases to be an authorised person must return the person's 12
identity card to the chairperson within 7 days after the person ceases to be 13
an authorised person, unless the person has a reasonable excuse. 14
Maximum penalty--10 penalty units. 15
145 Production or display of authorised person's identity card 16
An authorised person may exercise a power in relation to someone else 17
(the "other person") only if the authorised person-- 18
(a) first produces the authorised person's identity card for the other 19
person's inspection; or 20
(b) has the identity card displayed so it is clearly visible to the other 21
person. 22
Division 4--Powers of assessors 23
146 Purpose of div 4 24
The purpose of this division is to provide for the assessor's powers that 25
are necessary to be exercised for preparing a report mentioned in 26
section 33, 38, 62 or 188. 27
s 147 84 s 150
Education (Accreditation of Non-State Schools)
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147 Entry of school premises by assessor 1
An assessor may enter a school's premises, during ordinary office hours, 2
after complying with section 148. 3
148 Notice of entry 4
(1) If an assessor wishes to enter a school's premises, the assessor must 5
give the school's governing body a notice advising the governing body-- 6
(a) the purpose of the entry; and 7
(b) the day on which entry is proposed. 8
(2) The day on which entry is proposed must not be less than 14 days 9
after the day the notice is given to the governing body. 10
(3) In deciding the period of notice to be given before entering the 11
school's premises, the assessor must have regard to the circumstances of 12
the proposed entry. 13
149 General powers after entering premises 14
(1) This section applies to an assessor who enters a school's premises 15
under section 147. 16
(2) For performing the assessor's function, the assessor may-- 17
(a) inspect any part of the premises that are usually used for the 18
teaching of students; or 19
(b) take an extract, or copy, of a document at the premises; or 20
(c) require the school's governing body to give the assessor 21
information, or produce a document to the assessor, to help the 22
assessor to prepare the report. 23
Division 5--Powers of auditors 24
150 Entry of school premises by auditor 25
An auditor may enter a school's premises, during ordinary office hours, 26
after complying with section 151. 27
s 151 85 s 153
Education (Accreditation of Non-State Schools)
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151 Notice of entry 1
(1) If an auditor wishes to enter a school's premises, the auditor must 2
give the school's governing body a notice advising the governing body-- 3
(a) the purpose of the entry; and 4
(b) the day on which entry is proposed. 5
(2) There must be at least 1 day between the day the notice is given to the 6
governing body and the day on which entry is proposed. 7
(3) In deciding the period of notice to be given before entering the 8
school's premises, the auditor must have regard to the circumstances of the 9
proposed entry. 10
152 General powers after entering premises 11
(1) This section applies to an auditor who enters a school's premises 12
under section 150. 13
(2) For performing the auditor's function, the auditor may-- 14
(a) physically verify-- 15
(i) for a school offering classroom education--that certain 16
students enrolled for classroom education at the school are 17
attending the school; or 18
(ii) for a school offering distance education--that certain 19
students enrolled for distance education at the school are 20
undertaking the education; or 21
(b) take an extract, or copy, of a document at the premises; or 22
(c) require the school's governing body to give the auditor 23
information or produce a document to the auditor. 24
Division 6--General enforcement matters 25
153 Impersonation of authorised person 26
A person must not pretend to be an authorised person. 27
Maximum penalty--100 penalty units. 28
s 154 86 s 157
Education (Accreditation of Non-State Schools)
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PART 4--LEGAL PROCEEDINGS 1
Division 1--Evidence 2
154 Application of div 1 3
This division applies to a proceeding under this Act. 4
155 Appointments and authority 5
It is not necessary to prove-- 6
(a) a member's, committee member's, or authorised person's 7
appointment; or 8
(b) the Minister's appointment; or 9
(c) the authority of the Minister, or a member, committee member or 10
authorised person to do anything under this Act. 11
156 Signatures 12
A signature purporting to be the signature of the Minister, the 13
chairperson, the committee's chairperson, or a member, committee member 14
or authorised person is evidence of the signature it purports to be. 15
157 Evidentiary provisions 16
(1) A certificate purporting to be signed by the chief executive and 17
stating any of the following matters is evidence of the matter-- 18
(a) a stated document is one of the following things made, given, 19
issued or kept under this Act-- 20
(i) an appointment, approval or decision; 21
(ii) a notice, direction or requirement; 22
(iii) a certificate of provisional accreditation; 23
(iv) a certificate of accreditation; 24
(v) a record, or an extract from a record; 25
s 158 87 s 158
Education (Accreditation of Non-State Schools)
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(vi) the register, or an extract from the register; 1
(b) a stated document is another document kept under this Act; 2
(c) a stated document is a copy of a thing mentioned in paragraph (a) 3
or (b); 4
(d) on a stated day, or during a stated period, a stated school was or 5
was not provisionally accredited; 6
(e) on a stated day, or during a stated period, a stated school was or 7
was not accredited; 8
(f) on a stated day, or during a stated period, a provisional 9
accreditation or accreditation of a school was or was not in force; 10
(g) on a stated day, a provisional accreditation or accreditation of a 11
school was cancelled; 12
(h) on a stated day, or during a stated period, a school's governing 13
body was or was not eligible for Government funding for the 14
school; 15
(i) on a stated day, or during a stated period, an appointment as an 16
authorised person was, or was not, in force for a stated person; 17
(j) on a stated day, a stated person was given a stated notice or 18
direction under this Act; 19
(k) on a stated day, a stated requirement was made of a stated person. 20
(2) A statement in a complaint for an offence against this Act that the 21
matter of the complaint came to the knowledge of the complainant on a 22
stated day is evidence of the matter stated. 23
Division 2--Proceedings 24
158 Summary proceedings for offences 25
(1) Proceedings for an offence against this Act must be taken in a 26
summary way under the Justices Act 1886. 27
(2) The proceeding must start-- 28
(a) within 1 year after the commission of the offence; or 29
s 159 88 s 160
Education (Accreditation of Non-State Schools)
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(b) within 6 months after the offence comes to the complainant's 1
knowledge, but within 2 years after the commission of the 2
offence. 3
(3) Proceedings for an offence against section 1032 may only be taken on 4
the complaint of the Minister. 5
159 Allegations of false or misleading information or documents 6
In any proceeding for an offence against this Act defined as involving 7
false or misleading information, or a false or misleading document, it is 8
enough for a charge to state that the information or document was, without 9
specifying which, `false or misleading'. 10
PART 5--REGISTER 11
160 Register to be kept 12
(1) The board must keep a register about provisionally accredited, and 13
accredited, schools. 14
(2) The register may be kept in the way the board considers appropriate, 15
including, for example, in an electronic form. 16
(3) The register must contain each of the following details for a 17
provisionally accredited, or accredited, school-- 18
(a) the school's name; 19
(b) if the school is provisionally accredited-- 20
(i) the school's student-intake day; and 21
(ii) the school's provisional accreditation period; and 22
(iii) the attributes of provisional accreditation applying to the 23
school; 24
(c) if the school is accredited-- 25
32 Section 10 (Offence of operating a school without accreditation or provisional
accreditation)
s 161 89 s 163
Education (Accreditation of Non-State Schools)
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(i) the day of its accreditation; and 1
(ii) the attributes of accreditation applying to the school; 2
(d) details of the type of education that may be provided at the 3
school; 4
(e) any other details prescribed under a regulation. 5
161 Inspection of register 6
The board must-- 7
(a) keep the register open for inspection, on payment of the fee if 8
any prescribed under a regulation, at the board office by members 9
of the public during ordinary office hours; and 10
(b) give a person a copy of the register, or a part of it, on payment of 11
the fee prescribed under a regulation. 12
CHAPTER 6--MISCELLANEOUS 13
162 School survey data 14
(1) This section applies to the governing body of-- 15
(a) a provisionally accredited school that is in operation; or 16
(b) an accredited school. 17
(2) The governing body must in the approved form give the board school 18
survey data, for the school, relating to the day prescribed under a regulation 19
(the "relevant day"). 20
(3) The data must be given within 7 days after the relevant day. 21
163 Notification of change in circumstances 22
(1) This section applies to the governing body of-- 23
(a) a provisionally accredited school that is in operation; or 24
(b) an accredited school. 25
s 164 90 s 164
Education (Accreditation of Non-State Schools)
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(2) The governing body must within 14 days after the happening of each 1
of the following events notify the board of the event-- 2
(a) the closure of the school; 3
(b) the school stops offering a year of schooling for which it is 4
provisionally accredited or accredited; 5
(c) the governing body is affected by control action under the 6
Corporations Act; 7
(d) for a Government-funded school--the school starts to be 8
operated for profit; 9
(e) any other change in the governing body's, or school's, 10
circumstances prescribed under a regulation. 11
Maximum penalty--20 penalty units. 12
(3) For subsection (2)(c), the governing body is affected by control 13
action under the Corporations Act if the governing body-- 14
(a) has executed a deed of company arrangement under the law; or 15
(b) is the subject of a winding-up (whether voluntarily or under a 16
court order) under that Act; or 17
(c) is the subject of an appointment of an administrator, liquidator, 18
receiver or receiver and manager under that Act. 19
164 Disclosure of application for suitability notice under Commission 20
for Children and Young People Act 2000 21
(1) Subsection (3) applies if-- 22
(a) an application is made to the board for the provisional 23
accreditation, or accreditation, of a school and the application 24
has not been decided; and 25
(b) a director of the school's governing body applies, under the 26
Commission for Children and Young People Act 2000, 27
section 10133 to the commissioner for a suitability notice. 28
(2) Subsection (3) also applies if-- 29
33 Commission for Children and Young People Act 2000, section 101 (Application for
notice--regulated business)
s 165 91 s 165
Education (Accreditation of Non-State Schools)
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(a) an application is made to the board under section 49, or 1
section 49 as applied by section 59, for a change in a 2
provisionally accredited, or accredited, school's governing body 3
and the application has not been decided; and 4
(b) a director of the school's proposed governing body applies, under 5
the Commission for Children and Young People Act 2000, 6
section 101 to the commissioner for a suitability notice. 7
(3) The director must, within 7 days after making the application for the 8
suitability notice, notify the board of the application. 9
Maximum penalty--20 penalty units. 10
165 Disclosure of details of any indictable offence 11
(1) Subsection (2) applies to a person who-- 12
(a) becomes a director of the governing body of a provisionally 13
accredited, or accredited, school; and 14
(b) has a criminal history. 15
(2) The person must, within 7 days after becoming a director of the 16
governing body, give the board a notice stating-- 17
(a) the name, address and date of birth of the person; and 18
(b) details of any indictable offence included in the criminal history. 19
Maximum penalty--20 penalty units. 20
(3) Subsection (6) applies if a director of the governing body of a 21
provisionally accredited, or accredited, school is convicted of an indictable 22
offence. 23
(4) Also, subsection (6) applies if-- 24
(a) an application is made to the board for the provisional 25
accreditation, or accreditation, of a school and the application 26
has not been decided; and 27
(b) a director of the school's governing body is convicted of an 28
indictable offence. 29
(5) In addition, subsection (6) applies if-- 30
(a) an application is made to the board under section 49, or 31
section 49 as applied by section 59, for a change in a 32
s 166 92 s 167
Education (Accreditation of Non-State Schools)
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provisionally accredited, or accredited, school's governing body 1
and the application has not been decided; and 2
(b) a director of the proposed governing body of the school is 3
convicted of an indictable offence. 4
(6) The director must, within 7 days after the conviction, give the board a 5
notice stating details of the indictable offence. 6
Maximum penalty--20 penalty units. 7
(7) A notice given under this section must be signed by the person giving 8
the notice. 9
166 Protecting officials from liability 10
(1) An official is not civilly liable for an act done, or omission made, 11
honestly and without negligence under this Act. 12
(2) If subsection (1) prevents a civil liability attaching to an official, the 13
liability attaches instead to the State. 14
(3) In this section-- 15
"official" means-- 16
(a) the Minister; or 17
(b) a member; or 18
(c) a member of a board committee, established under section 124,34 19
who is not a board member; or 20
(d) an authorised person. 21
167 Publication of information identifying school operating without 22
accreditation or provisional accreditation 23
(1) If the board, honestly and on reasonable grounds, believes a school is 24
being operated without accreditation or provisional accreditation, the board 25
may publish information that identifies, or is likely to lead to the 26
identification of, the school. 27
(2) The board and the board members are not liable, civilly, criminally 28
or under an administrative process, for publishing the information. 29
34 Section 124 (Committees)
s 168 93 s 169
Education (Accreditation of Non-State Schools)
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(3) Without limiting subsection (2)-- 1
(a) in a proceeding for defamation, the board and each board 2
member has a defence of absolute privilege for publishing the 3
information; and 4
(b) if the board or a board member would otherwise be required to 5
maintain confidentiality about the published information under 6
an Act, oath, rule of law or practice--the board or the board 7
member does not contravene the requirement by publishing the 8
information. 9
168 False or misleading information or documents 10
(1) A person must not give information to the board or committee the 11
person knows is false or misleading in a material particular. 12
Maximum penalty--20 penalty units. 13
(2) A person must not give the board or committee a document 14
containing information the person knows is false or misleading in a 15
material particular. 16
Maximum penalty--20 penalty units. 17
(3) Subsection (2) does not apply to a person if the person, when giving 18
the document-- 19
(a) tells the board or committee, to the best of the person's ability, 20
how it is false or misleading; and 21
(b) if the person has, or can reasonably obtain, the correct 22
information--gives the correct information. 23
169 Confidentiality of information 24
(1) This section applies to the following persons-- 25
(a) a person who is, or was, the Minister; 26
(b) a person who is, or was, a member; 27
(c) a person who is, or was, a committee member; 28
(d) a person who is, or was, an authorised person; 29
(e) another person who is, or was, involved in the administration of 30
this Act, including, for example, as a public service employee. 31
s 169 94 s 169
Education (Accreditation of Non-State Schools)
Bill 2001
(2) The person must not disclose protected information if-- 1
(a) the disclosure would be likely to adversely affect the commercial 2
interests of the person to whom the information relates; or 3
(b) it is about a child and identifies, or is likely to identify, the child; 4
or 5
(c) it is about someone else's criminal history. 6
Maximum penalty--20 penalty units. 7
(3) Subsection (2) does not apply if-- 8
(a) the information is disclosed-- 9
(i) in the performance of functions under this Act; or 10
(ii) with the written consent of-- 11
(A) if the person to whom the information relates is not a 12
child --the person; or 13
(B) if the person to whom the information relates is a 14
child--a parent or guardian of the child; or 15
(iii) to the person to whom the information relates; or 16
(b) the information is otherwise publicly available; or 17
(c) the information is given in all the following circumstances-- 18
(i) the chief executive gives the information to the 19
Commonwealth or another State, or an entity of the 20
Commonwealth or another State, under an agreement with 21
the Commonwealth, other State or entity; 22
(ii) the agreement is prescribed under a regulation for this 23
paragraph; 24
(iii) the chief executive is satisfied the giving of the information 25
is in the public interest; or 26
(d) the information is disclosed to the chief executive to allow the 27
chief executive to act under paragraph (c); or 28
(e) the disclosure of the information is authorised or permitted under 29
an Act or required by law. 30
(4) The Commonwealth, other State or entity that receives information 31
under subsection (3)(c)-- 32
s 170 95 s 172
Education (Accreditation of Non-State Schools)
Bill 2001
(a) must not give the information to anyone else; and 1
(b) must ensure the information is used only for the purpose for 2
which it was given. 3
(5) In this section-- 4
"information" includes a document. 5
"protected information" means information disclosed to, or obtained by, 6
a person to whom this section applies in the course of performing, or 7
because of, the person's functions under this Act. 8
170 Claim by person as to accreditation or provisional accreditation 9
of school 10
(1) A person must not hold out a school as being accredited if it is not 11
accredited. 12
Maximum penalty--100 penalty units. 13
(2) A person must not hold out a school as being provisionally accredited 14
if it is not provisionally accredited. 15
Maximum penalty--100 penalty units. 16
171 Delegation by Minister 17
(1) The Minister may delegate the Minister's powers under this Act to an 18
appropriately qualified person. 19
(2) In this section-- 20
"appropriately qualified" includes having the qualifications, experience 21
or standing appropriate to exercise the power. 22
23
Example of `standing'--
24
A person's classification level in a department.
172 Approval of forms 25
The board may approve forms for use under this Act. 26
s 173 96 s 175
Education (Accreditation of Non-State Schools)
Bill 2001
173 Regulation-making power 1
(1) The Governor in Council may make regulations under this Act. 2
(2) A regulation may be made about fees, including the refunding of 3
fees, for this Act. 4
CHAPTER 7--TRANSITIONAL PROVISIONS 5
PART 1--PRELIMINARY 6
174 Definitions for ch 7 7
In this part-- 8
"commencement" means commencement of this section. 9
"General Provisions Act" means the Education (General Provisions) Act 10
1989. 11
PART 2--NON-STATE SCHOOLS UNDER GENERAL 12
PROVISIONS ACT 13
175 Existing operating non-State school under General Provisions Act 14
(1) This section applies to a school that, immediately before the 15
commencement, was an operating non-State school under the General 16
Provisions Act. 17
(2) The school is taken to be accredited to provide the type of education 18
it was providing immediately before the commencement. 19
(3) The accreditation is subject to-- 20
(a) any attribute, of a type mentioned in section 16(3),35 applying to 21
the school immediately before the commencement; and 22
s 176 97 s 176
Education (Accreditation of Non-State Schools)
Bill 2001
(b) any condition, as mentioned in section 2A(4)36 of the General 1
Provisions Act, applying to the school immediately before the 2
commencement. 3
(4) The attribute or condition is taken to be an attribute of accreditation 4
applying to the school. 5
(5) The board must, as soon as practicable after the commencement, 6
issue a certificate of accreditation to the school's governing body. 7
176 Existing non-operating non-State school under General 8
Provisions Act 9
(1) This section applies to a school that, immediately before the 10
commencement, was a non-State school under the General Provisions Act, 11
but was not in operation. 12
(2) The school is taken to be provisionally accredited to provide the type 13
of education it was allowed to provide immediately before the 14
commencement. 15
(3) The provisional accreditation is subject to-- 16
(a) any attribute, of a type mentioned in section 16(3), applying to 17
the school immediately before the commencement; and 18
(b) any condition, as mentioned in section 2A(4) of the General 19
Provisions Act, applying to the school immediately before the 20
commencement. 21
(4) The attribute or condition is taken to be an attribute of provisional 22
accreditation applying to the school. 23
(5) The school's governing body is taken to have made application, 24
under section 16, to the board for the accreditation of the school. 25
(6) The school's student-intake day is taken to be the school's first day of 26
operation mentioned in the application made under guidelines mentioned 27
in section 2(2) of the General Provisions Act for the purpose of the 28
Minister forming the opinion that the school is a non-State school under 29
that Act. 30
35 Section 16 (Procedural requirements for application)
36 Section 2A (Decision about non-State school) of the General Provisions Act
s 177 98 s 178
Education (Accreditation of Non-State Schools)
Bill 2001
(7) The board must, as soon as practicable after the commencement, 1
issue a certificate of provisional accreditation to the school's governing 2
body. 3
177 Existing application for non-State school status--operating school 4
(1) This section applies if, before the commencement-- 5
(a) an application was made, under the guidelines mentioned in 6
section 2(2) of the General Provisions Act, for the purpose of the 7
Minister forming the opinion that an operating school is a 8
non-State school under that Act; and 9
(b) the application had not been decided. 10
(2) The application must be decided by the Minister, under the General 11
Provisions Act, as if this Act had not commenced. 12
(3) Subsections (4) to (8) apply if the Minister decides to grant the 13
application. 14
(4) The school is taken to be accredited to provide the type of education 15
it was providing immediately before the commencement. 16
(5) The accreditation is subject to-- 17
(a) any attribute, of a type mentioned in section 16(3), applying to 18
the school immediately before the commencement; and 19
(b) any condition, as mentioned in section 2A(4) of the General 20
Provisions Act, applying to the school immediately before the 21
commencement. 22
(6) The attribute or condition is taken to be an attribute of accreditation 23
applying to the school. 24
(7) The conditions mentioned in guideline 2.5 of the guidelines are not to 25
attach to the accreditation. 26
(8) The board must, as soon as practicable, issue a certificate of 27
accreditation to the school's governing body. 28
178 Outstanding review of Minister's decision--operating school 29
(1) This section applies if, before the commencement-- 30
s 179 99 s 179
Education (Accreditation of Non-State Schools)
Bill 2001
(a) the Minister decided to refuse to grant an application made, in 1
relation to an operating school, under the guidelines mentioned 2
in section 2(2) of the General Provisions Act for the purpose of 3
the Minister forming the opinion that the school is a non-State 4
school under that Act; and 5
(b) the applicant had made a submission about the decision under 6
guideline 2.4 of the guidelines and the submission had not been 7
finally considered by the Minister. 8
(2) The submission must be considered by the Minister, under the 9
General Provisions Act, as if this Act had not commenced. 10
(3) Subsections (4) to (8) apply if the Minister decides, after considering 11
the submission, to grant the application. 12
(4) The school is taken to be accredited to provide the type of education 13
it was providing immediately before the commencement. 14
(5) The accreditation is subject to-- 15
(a) any attribute, of a type mentioned in section 16(3), applying to 16
the school immediately before the commencement; and 17
(b) any condition, as mentioned in section 2A(4) of the General 18
Provisions Act, applying to the school immediately before the 19
commencement. 20
(6) The attribute or condition is taken to be an attribute of accreditation 21
applying to the school. 22
(7) The conditions mentioned in guideline 2.5 of the guidelines are not to 23
attach to the accreditation. 24
(8) The board must, as soon as practicable, issue a certificate of 25
accreditation to the school's governing body. 26
179 Existing application for non-State school status--non-operating 27
school 28
(1) This section applies if, before the commencement-- 29
(a) an application was made, under the guidelines mentioned in 30
section 2(2) of the General Provisions Act, for the purpose of the 31
Minister forming the opinion that a school not in operation is a 32
non-State school under that Act; and 33
s 180 100 s 180
Education (Accreditation of Non-State Schools)
Bill 2001
(b) the application had not been decided. 1
(2) The application must be decided by the Minister, under the General 2
Provisions Act, as if this Act had not commenced. 3
(3) Subsections (4) to (10) apply if the Minister decides to grant the 4
application. 5
(4) The school is taken to be provisionally accredited to provide the type 6
of education that was the subject of the application. 7
(5) The provisional accreditation is subject to-- 8
(a) any attribute, of a type mentioned in section 16(3), applying to 9
the school immediately before the commencement; and 10
(b) any condition, as mentioned in section 2A(4) of the General 11
Provisions Act, applying to the school immediately before the 12
commencement. 13
(6) The attribute or condition is taken to be an attribute of provisional 14
accreditation applying to the school. 15
(7) The school's governing body is taken to have made application, 16
under section 16, to the board for the accreditation of the school. 17
(8) The school's student-intake day is taken to be the school's first day of 18
operation mentioned in the application made under the guidelines. 19
(9) The conditions mentioned in guideline 2.5 of the guidelines are not to 20
attach to the provisional accreditation. 21
(10) The board must, as soon as practicable, issue a certificate of 22
provisional accreditation to the school's governing body. 23
180 Outstanding review of Minister's decision--non-operating school 24
(1) This section applies if, before the commencement-- 25
(a) the Minister decided to refuse to grant an application made, 26
under the guidelines mentioned in section 2(2) of the General 27
Provisions Act, for the purpose of the Minister forming the 28
opinion that a school not in operation is a non-State school under 29
that Act; and 30
(b) the applicant had made a submission about the decision under 31
guideline 2.4 of the guidelines and the submission had not been 32
finally considered by the Minister. 33
s 181 101 s 181
Education (Accreditation of Non-State Schools)
Bill 2001
(2) The submission must be considered by the Minister, under the 1
General Provisions Act, as if this Act had not commenced. 2
(3) Subsections (4) to (10) apply if the Minister decides, after 3
considering the submission, to grant the application. 4
(4) The school is taken to be provisionally accredited to provide the type 5
of education that was the subject of the application. 6
(5) The provisional accreditation is subject to-- 7
(a) any attribute, of a type mentioned in section 16(3), applying to 8
the school immediately before the commencement; and 9
(b) any condition, as mentioned in section 2A(4) of the General 10
Provisions Act, applying to the school immediately before the 11
commencement. 12
(6) The attribute or condition is taken to be an attribute of provisional 13
accreditation applying to the school. 14
(7) The school's governing body is taken to have made application, 15
under section 16, to the board for the accreditation of the school. 16
(8) The school's student-intake day is taken to be the school's first day of 17
operation mentioned in the application made under the guidelines. 18
(9) The conditions mentioned in guideline 2.5 of the guidelines are not to 19
attach to the provisional accreditation. 20
(10) The board must, as soon as practicable, issue a certificate of 21
provisional accreditation to the school's governing body. 22
181 Governing body of school is not a corporation 23
(1) This section applies if-- 24
(a) a school is provisionally accredited, or accredited, under this 25
division; and 26
(b) the governing body of the school is not a corporation at the time 27
of the provisional accreditation or accreditation. 28
(2) Despite section 11,37 the school may continue to have a governing 29
body that is not a corporation for up to 2 years after the commencement. 30
37 Section 11 (Governing body of provisionally accredited, or accredited, school)
s 182 102 s 183
Education (Accreditation of Non-State Schools)
Bill 2001
PART 3--SCHOOLS IN RECEIPT OF SUBSIDY UNDER 1
GENERAL PROVISIONS ACT 2
182 School in receipt of subsidy under General Provisions Act 3
(1) This section applies to a school that-- 4
(a) immediately before the commencement, was categorised, or 5
provisionally categorised, as a school in receipt of subsidy under 6
section 14138 of the General Provisions Act; and 7
(b) is accredited under section 175 or provisionally accredited under 8
section 176. 9
(2) The school is taken to be a school, the governing body of which is 10
eligible for Government funding for the same aspects of the operation of 11
the school as under the categorisation or provisional categorisation. 12
(3) If the categorisation or provisional categorisation relates to at least 13
1 year of schooling, but not all the years of schooling, in a sector of 14
schooling, the school is also taken to be a school, the governing body of 15
which is eligible for Government funding for the other years of schooling 16
in the sector of schooling. 17
(4) Section 93(a)39 does not apply to the school for a period of 6 months 18
after the commencement. 19
183 Existing application for categorisation as a school in receipt of 20
subsidy 21
(1) This section applies if-- 22
(a) before the commencement, an application was made under 23
section 141 of the General Provisions Act for the categorisation 24
of a school as a school in receipt of subsidy; and 25
(b) the application had not been decided before the commencement; 26
and 27
38 Section 141 (Provision of scholarships and allowances) of the General Provisions
Act
39 Section 93 (Grounds for withdrawal)
s 184 103 s 184
Education (Accreditation of Non-State Schools)
Bill 2001
(c) the school is accredited under section 175 or provisionally 1
accredited under section 176. 2
(2) The application must be decided by the Minister, under the General 3
Provisions Act, as if this Act had not commenced. 4
(3) Subsections (4) to (6) apply if the Minister decides to provisionally 5
categorise, or categorise, the school as a school in receipt of subsidy under 6
section 141 of the General Provisions Act. 7
(4) The school is taken to be a school, the governing body of which is 8
eligible for Government funding for the same aspects of the operation of 9
the school as the aspects of the operation of the school to which the 10
provisional categorisation or categorisation relates. 11
(5) If the categorisation or provisional categorisation relates to at least 12
1 year of schooling, but not all the years of schooling, in a sector of 13
schooling, the school is also taken to be a school, the governing body of 14
which is eligible for Government funding for the other years of schooling 15
in the sector of schooling. 16
(6) Section 93(a) does not apply to the school for a period of 6 months 17
after the Minister decides the application. 18
PART 4--SCHOOLS ALLOWED TO OFFER YEARS 19
1 TO 3 OF SCHOOLING, BUT NOT PRESCHOOL YEAR 20
OF SCHOOLING 21
184 Application of pt 4 22
This part applies to a school that-- 23
(a) is accredited under part 2; and 24
(b) is under part 3 a school, the governing body of which is eligible 25
for Government funding for the school; and 26
(c) is allowed, at the commencement, to offer years 1 to 3 of 27
schooling under the accreditation; and 28
(d) is not allowed, at the commencement, to offer the preschool year 29
of schooling under the accreditation; and 30
s 185 104 s 187
Education (Accreditation of Non-State Schools)
Bill 2001
(e) the school's governing body applies before the end of 2009, 1
under chapter 2, part 3, division 3,40 to extend the years of 2
schooling allowed to be offered at the school to include the 3
preschool year of schooling. 4
185 Application of provisions 5
(1) Section 50, as applied by section 59, does not apply to the
41
6
application. 7
(2) Section 53(3)42 applies to the application as if the reference to 8
9 months were a reference to 6 months. 9
186 Notification of first day of preschool education 10
(1) This section applies if the board decides to grant the application. 11
(2) The school's governing body must notify the board of the first day of 12
education of students in the preschool year of schooling within 14 days 13
after the day. 14
187 Assessment within first year of preschool education 15
(1) The board must after the assessment day start an assessment of the 16
school, to decide whether the school is complying with the accreditation 17
criteria. 18
(2) The board may conduct not more than 2 assessments of the school 19
under this section. 20
(3) In this section-- 21
"assessment day" means-- 22
(a) a day agreed to by the board and the school's governing body; or 23
40 Chapter 2 (Accreditation of schools), part 3 (Changes in provisional accreditation
period, attributes of provisional accreditation or attributes of accreditation),
division 3 (Changes in attributes of accreditation)
41 Section 50 (If applicant is eligible for Government funding for aspect of operation
of school)
42 Section 53 (Failure to decide application)
s 188 105 s 189
Education (Accreditation of Non-State Schools)
Bill 2001
(b) the day, of which the board has notified the governing body, that 1
is at least 6 months after the first day of education of students in 2
the preschool year of schooling. 3
188 Report by assessor 4
(1) To assess a school under section 187, the board must obtain a written 5
report from an assessor about whether the school is complying with the 6
accreditation criteria. 7
(2) To prepare the report, the assessor may exercise the assessor's 8
powers under chapter 5, part 3.43 9
PART 5--SCHOOLS THAT ARE NOT NON-STATE 10
SCHOOLS UNDER GENERAL PROVISIONS ACT 11
189 Existing operating school 12
(1) This section applies to an operating school that, immediately before 13
the commencement-- 14
(a) was not a non-State school under the General Provisions Act; and 15
(b) is not the subject of an application made under the guidelines 16
mentioned in section 2(2) of the General Provisions Act. 17
(2) Section 1044 does not apply to the school for a period of 6 months 18
after the commencement (the "exemption period"). 19
(3) Subsections (4) to (8) apply if the school's governing body makes 20
application for the accreditation of the school within the exemption period. 21
(4) If the board decides to provisionally accredit the school-- 22
(a) the board must also decide the school's provisional accreditation 23
period and notify the governing body of the decision; and 24
43 Chapter 5 (Administration), part 3 (Authorised persons)
44 Section 10 (Offence of operating a school without accreditation or provisional
accreditation)
s 190 106 s 190
Education (Accreditation of Non-State Schools)
Bill 2001
(b) section 24(2) and 2545 do not apply to the school. 1
(5) The school's provisional accreditation period must not end before 2
6 months after the day of the board's decision. 3
(6) Subsection (7) applies if, immediately before the commencement, 4
there was not in force a planning approval for the school under the General 5
Provisions Act. 6
(7) Despite section 17(1),46 section 17 applies to the application if-- 7
(a) the applicant indicates in the application that the applicant seeks 8
Government funding for the school; and 9
(b) the board is satisfied the school is not being operated for profit. 10
(8) If the governing body does not receive written notice of the decision 11
about the application until after the exemption period, the exemption under 12
subsection (2) continues to apply from the day that it would, apart from this 13
subsection, have ended until-- 14
(a) the last day to apply for a review of the decision; or 15
(b) if an application is made for a review of the decision--the day 16
the application is decided or otherwise disposed of. 17
PART 6--SCHOOLS WITH PLANNING APPROVAL 18
UNDER GENERAL PROVISIONS ACT 19
Division 1--School is not a non-State school under General Provisions 20
Act 21
190 Application of div 1 22
This division applies to a school-- 23
45 Sections 24 (Provisional accreditation period) and 25 (Operation of provisionally
accredited school before its student-intake day)
46 Section 17 (If applicant seeks Government funding for the school)
s 191 107 s 191
Education (Accreditation of Non-State Schools)
Bill 2001
(a) for which, immediately before the commencement, there was in 1
force a planning approval under the General Provisions Act; and 2
(b) that, immediately before the commencement, was not a 3
non-State school, or a school in receipt of subsidy, under the 4
General Provisions Act. 5
191 Application for accreditation 6
(1) This section applies if-- 7
(a) the governing body applies for the accreditation of the school 8
within 3 years after the commencement; and 9
(b) the application accords with the details of the planning approval. 10
(2) The school is taken to be a school, the governing body of which is 11
eligible for Government funding for the school. 12
(3) Sections 17 and 2047 do not apply to the application. 13
(4) Section 21(2) applies to the application as if the reference to
48
14
9 months were a reference to 6 months. 15
(5) Subsections (6) and (7) apply if the planning approval is subject to a 16
condition. 17
(6) If the board provisionally accredits the school-- 18
(a) the provisional accreditation is subject to the condition; and 19
(b) the condition is taken to be an attribute of provisional 20
accreditation applying to the school. 21
(7) If the board decides to grant the application-- 22
(a) the accreditation is subject to the condition; and 23
(b) the condition is taken to be an attribute of accreditation applying 24
to the school. 25
47 Sections 17 (If applicant seeks Government funding for the school) and 20 (If
applicant seeks Government funding for the school)
48 Section 21 (Failure to decide to provisionally accredit school)
s 192 108 s 193
Education (Accreditation of Non-State Schools)
Bill 2001
Division 2--School is a non-State school under General Provisions Act 1
and has planning approval to change aspect of school, other than type of 2
education 3
192 Application of div 2 4
This division applies to a school-- 5
(a) that, immediately before the commencement, was a non-State 6
school under the General Provisions Act; and 7
(b) for which, immediately before the commencement, there was in 8
force a planning approval to significantly modify the school 9
under the General Provisions Act relating to a change mentioned 10
in paragraph (c), (d), (e), (f) or (g) of the definition "significantly 11
modify" in section 2(1) of that Act; and 12
(c) for which, immediately before the commencement, the details of 13
the planning approval had not been incorporated into the details 14
of the school's non-State school status under the General 15
Provisions Act. 16
193 Application to change attribute of provisional accreditation 17
(1) This section applies if-- 18
(a) the school is provisionally accredited under section 176; and 19
(b) the school's governing body applies under section 49, within 20
6 months after the commencement, to change an attribute of 21
provisional accreditation applying to the school, so that the 22
attribute accords with the details of the planning approval. 23
(2) For the application, the school is taken to be a school, the governing 24
body of which is eligible for Government funding for the aspect of the 25
school's operation mentioned in the details of the planning approval. 26
(3) Sections 50, 54 and 5549 do not apply to the application. 27
49 Sections 50 (If applicant is eligible for Government funding for aspect of operation
of school), 54 (Consideration by committee of effect on eligibility for Government
funding for school) and 55 (Decision of Minister)
s 194 109 s 195
Education (Accreditation of Non-State Schools)
Bill 2001
194 Application to change attribute of accreditation 1
(1) This section applies if-- 2
(a) the school is accredited under section 175; and 3
(b) the school's governing body applies under section 49 as applied 4
by section 59, within 6 months after the commencement, to 5
change an attribute of accreditation applying to the school, so 6
that the attribute accords with the details of the planning 7
approval. 8
(2) For the application, the school is taken to be a school, the governing 9
body of which is eligible for Government funding for the aspect of the 10
school's operation mentioned in the details of the planning approval. 11
(3) Sections 50, 54 and 55, as applied by section 59, do not apply to the 12
application. 13
Division 3--School is a non-State school under General Provisions Act 14
and has planning approval to change type of education 15
195 Application of div 3 16
This division applies to a school-- 17
(a) that, immediately before the commencement, was a non-State 18
school under the General Provisions Act; and 19
(b) for which, immediately before the commencement, there was in 20
force a planning approval to significantly modify the school 21
under the General Provisions Act relating to a change mentioned 22
in paragraph (a) or (b) of the definition "significantly modify" in 23
section 2(1) of that Act; and 24
(c) in relation to which, immediately before the commencement, the 25
details of the planning approval had not been incorporated into 26
the details of the school's non-State school status under the 27
General Provisions Act. 28
s 196 110 s 197
Education (Accreditation of Non-State Schools)
Bill 2001
196 Application for accreditation 1
(1) This section applies if, within 6 months after the commencement, the 2
school's governing body applies for the accreditation of the school that 3
accords with the details of the planning approval. 4
(2) For the application, the school is taken to be a school, the governing 5
body of which is eligible for Government funding for the school. 6
(3) Sections 17 and 2050 do not apply to the application. 7
(4) Section 21(2)51 applies to the application as if the reference to 8
9 months were a reference to 6 months. 9
PART 7--SCHOOLS FOR WHICH APPLICATION 10
MADE FOR PLANNING APPROVAL UNDER GENERAL 11
PROVISIONS ACT 12
Division 1--School is not a non-State school under General Provisions 13
Act 14
197 Existing application for planning approval 15
(1) This section applies if-- 16
(a) immediately before the commencement, a school was not a 17
non-State school, or school in receipt of subsidy, under the 18
General Provisions Act; and 19
(b) an application was made, before the commencement, for a 20
planning approval, under the General Provisions Act, for the 21
school; and 22
(c) the application had not been decided before the commencement. 23
(2) The Minister must decide the application, under the General 24
Provisions Act, as if this Act had not commenced. 25
50 Sections 17 (If applicant seeks Government funding for the school) and 20 (If
applicant seeks Government funding for the school)
51 Section 21 (Failure to decide to provisionally accredit school)
s 198 111 s 199
Education (Accreditation of Non-State Schools)
Bill 2001
198 Application for accreditation 1
(1) This section applies if-- 2
(a) under section 197, the Minister issues a planning approval for the 3
school under the General Provisions Act; and 4
(b) the school's governing body applies for the accreditation of the 5
school within 3 years after the commencement; and 6
(c) the application accords with the details of the planning approval. 7
(2) The school is taken to be a school, the governing body of which is 8
eligible for Government funding for the school. 9
(3) Sections 17 and 20 do not apply to the application. 10
(4) Section 21(2) applies to the application as if the reference to 11
9 months were a reference to 6 months. 12
(5) Subsections (6) and (7) apply if the planning approval is subject to a 13
condition. 14
(6) If the board provisionally accredits the school-- 15
(a) the provisional accreditation is subject to the condition; and 16
(b) the condition is taken to be an attribute of provisional 17
accreditation applying to the school. 18
(7) If the board decides to grant the application-- 19
(a) the accreditation is subject to the condition; and 20
(b) the condition is taken to be an attribute of accreditation applying 21
to the school. 22
Division 2--School is a non-State school under General Provisions Act 23
and has applied for planning approval to change aspect of school, other 24
than type of education 25
199 Existing application for planning approval 26
(1) This section applies if-- 27
(a) immediately before the commencement, a school was a 28
non-State school under the General Provisions Act; and 29
s 200 112 s 201
Education (Accreditation of Non-State Schools)
Bill 2001
(b) an application was made, before the commencement, for a 1
planning approval to significantly modify the school under the 2
General Provisions Act relating to a change mentioned in 3
paragraph (c), (d), (e), (f) or (g) of the definition "significantly 4
modify" in section 2(1) of that Act; and 5
(c) the application had not been decided before the commencement; 6
and 7
(d) immediately before the commencement, the details of the 8
planning approval had not been incorporated into the details of 9
the school's non-State school status under the General Provisions 10
Act. 11
(2) The Minister must decide the application, under the General 12
Provisions Act, as if this Act had not commenced. 13
200 Application to change attribute of provisional accreditation 14
(1) This section applies if-- 15
(a) under section 199, the Minister issues a planning approval for the 16
school under the General Provisions Act; and 17
(b) the school is provisionally accredited under section 176; and 18
(c) the school's governing body applies, under section 49, to change 19
an attribute of provisional accreditation applying to the school, 20
so that the attribute accords with the details of the planning 21
approval; and 22
(d) the application is made within 6 months after the 23
commencement. 24
(2) For the application, the school is taken to be a school, the governing 25
body of which is eligible for Government funding for the aspect of the 26
school's operation mentioned in the details of the planning approval. 27
(3) Sections 50, 54 and 55 do not apply to the application. 28
201 Application to change attribute of accreditation 29
(1) This section applies if-- 30
(a) under section 199, the Minister issues a planning approval for the 31
school under the General Provisions Act; and 32
s 202 113 s 202
Education (Accreditation of Non-State Schools)
Bill 2001
(b) the school is accredited under section 175; and 1
(c) the school's governing body applies, under section 49 as applied 2
by section 59, to change an attribute of accreditation applying to 3
the school, so that the attribute accords with the details of the 4
planning approval; and 5
(d) the application is made within 6 months after the 6
commencement. 7
(2) For the application, the school is taken to be a school, the governing 8
body of which is eligible for Government funding for the aspect of the 9
school's operation mentioned in the details of the planning approval. 10
(3) Sections 50, 54 and 55, as applied by section 59, do not apply to the 11
application. 12
Division 3--School is a non-State school under General Provisions Act 13
and has applied for planning approval to change type of education 14
202 Existing application for planning approval 15
(1) This section applies if-- 16
(a) immediately before the commencement, a school was a 17
non-State school under the General Provisions Act; and 18
(b) an application was made, before the commencement, for a 19
planning approval to significantly modify the school under the 20
General Provisions Act relating to a change mentioned in 21
paragraph (a) or (b) of the definition "significantly modify" in 22
section 2(1) of that Act; and 23
(c) the application had not been decided before the commencement; 24
and 25
(d) immediately before the commencement, the details of the 26
planning approval had not been incorporated into the details of 27
the school's non-State school status under the General Provisions 28
Act. 29
(2) The Minister must decide the application, under the General 30
Provisions Act, as if this Act had not commenced. 31
s 203 114 s 205
Education (Accreditation of Non-State Schools)
Bill 2001
203 Application for accreditation 1
(1) This section applies if-- 2
(a) under section 202, the Minister issues a planning approval for the 3
school under the General Provisions Act; and 4
(b) within 6 months after the commencement, the school's governing 5
body applies for the accreditation of a school that accords with 6
the details of the planning approval. 7
(2) For the application, the school is taken to be a school, the governing 8
body of which is eligible for Government funding for the school. 9
(3) Sections 17 and 20 do not apply to the application. 10
(4) Section 21(2) applies to the application as if the reference to 11
9 months were a reference to 6 months. 12
PART 8--REVIEW OF PLANNING APPROVAL 13
DECISIONS 14
Division 1--Preliminary 15
204 Definition for pt 8 16
In this part-- 17
"planning approval decision", relating to a school, means a decision of 18
the Minister, made before the commencement, to refuse an application 19
for planning approval for the school under the General Provisions Act. 20
Division 2--School is not a non-State school under General 21
Provisions Act 22
205 Application for review 23
(1) This section applies if-- 24
s 206 115 s 207
Education (Accreditation of Non-State Schools)
Bill 2001
(a) immediately before the commencement, a school was not a 1
non-State school, or school in receipt of subsidy, under the 2
General Provisions Act; and 3
(b) an application was made to the Minister, before the 4
commencement, under the planning guidelines under the General 5
Provisions Act for the review of a planning approval decision 6
relating to the school; and 7
(c) the application had not been decided before the commencement. 8
(2) The application may be dealt with, or continue to be dealt with, under 9
the General Provisions Act as if this Act had not commenced. 10
206 Application of provision 11
(1) Subsection (2) applies if, under section 205, the Minister issues a 12
planning approval for the school under the General Provisions Act. 13
(2) Section 19852 applies as if the reference to section 197 were a 14
reference to section 205. 15
Division 3--School is a non-State school under General Provisions Act 16
and obtains planning approval to change aspect of school, other than 17
type of education 18
207 Application for review 19
(1) This section applies if-- 20
(a) immediately before the commencement, a school was a 21
non-State school under the General Provisions Act; and 22
(b) an application was made to the Minister, before the 23
commencement, under the planning guidelines under the General 24
Provisions Act for the review of a planning approval decision 25
relating to the school; and 26
(c) the application had not been decided before the commencement; 27
and 28
52 Section 198 (Application for accreditation)
s 208 116 s 209
Education (Accreditation of Non-State Schools)
Bill 2001
(d) the planning approval decision was about an application for a 1
planning approval to significantly modify the school under the 2
General Provisions Act relating to a change mentioned in 3
paragraph (c), (d), (e), (f) or (g) of the definition "significantly 4
modify" in section 2(1) of that Act. 5
(2) The application for review may be dealt with, or continue to be dealt 6
with, under the General Provisions Act as if this Act had not commenced. 7
208 Application of provisions 8
If, under section 207, the Minister issues a planning approval for the 9
school under the General Provisions Act, sections 193 and 19453 apply to 10
the school. 11
Division 4--School is a non-State school under General Provisions Act 12
and seeks planning approval to change type of education 13
209 Application for review 14
(1) This section applies if-- 15
(a) immediately before the commencement, a school was a 16
non-State school under the General Provisions Act; and 17
(b) an application was made to the Minister, before the 18
commencement, under the planning guidelines under the General 19
Provisions Act for the review of a planning approval decision 20
relating to the school; and 21
(c) the application had not been decided before the commencement; 22
and 23
(d) the planning approval decision was about an application for a 24
planning approval to significantly modify the school under the 25
General Provisions Act relating to a change mentioned in 26
paragraph (a) or (b) of the definition "significantly modify" in 27
section 2(1) of that Act. 28
53 Sections 193 (Application to change attribute of provisional accreditation),
194 (Application to change attribute of accreditation)
s 210 117 s 212
Education (Accreditation of Non-State Schools)
Bill 2001
(2) The application for review may be dealt with, or continue to be dealt 1
with, under the General Provisions Act as if this Act had not commenced. 2
210 Application of provision 3
If, under section 209, the Minister issues a planning approval for the 4
school under the General Provisions Act, section 19654 applies to the 5
school. 6
PART 9--CHANGE OF DETAILS OF NON-STATE 7
SCHOOL STATUS OF SCHOOL UNDER GENERAL 8
PROVISIONS ACT 9
211 Outstanding application 10
(1) This section applies if-- 11
(a) an application was made, before the commencement, under 12
guideline 1.4 of the guidelines mentioned in section 2(2) of the 13
General Provisions Act for a change in the details of the 14
non-State school status of a school; and 15
(b) the application had not been decided before the commencement. 16
(2) The application may be dealt with, or continue to be dealt with, under 17
the General Provisions Act as if this Act had not commenced. 18
212 Change in attributes of provisional accreditation 19
(1) This section applies if-- 20
(a) the Minister decides to grant the application under section 211; 21
and 22
(b) the school is provisionally accredited under section 176. 23
(2) The attributes of provisional accreditation applying to the school, 24
under section 176(4), are taken to be changed to accord with the decision. 25
54 Section 196 (Application for accreditation)
s 213 118 s 215
Education (Accreditation of Non-State Schools)
Bill 2001
213 Change in attributes of accreditation 1
(1) This section applies if-- 2
(a) the Minister decides to grant the application under section 211; 3
and 4
(b) the school is accredited under section 175. 5
(2) The attributes of accreditation applying to the school, under 6
section 175(4), are taken to be changed to accord with the decision. 7
CHAPTER 8--AMENDMENTS OF ACTS 8
214 Consequential amendments of Acts 9
Schedule 1 amends the Acts mentioned in it. 10
215 Other amendments of Acts 11
Schedule 2 amends the Acts mentioned in it. 12
119
Education (Accreditation of Non-State Schools)
Bill 2001
SCHEDULE 1 1
CONSEQUENTIAL AMENDMENTS OF ACTS 2
section 214 3
ANTI-DISCRIMINATION ACT 1991 4
1 Section 4, definition "non-State school"-- 5
omit, insert-- 6
` "non-State school" means a school that is provisionally accredited, or 7
accredited, under the Education (Accreditation of Non-State Schools) 8
Act 2001.'. 9
CHILD CARE ACT 1991 10
1 Section 3, definition "child care", from `preschool' to `1989'-- 11
omit, insert-- 12
`the provision of education to a child, by a school that also provides 13
primary education, in the year immediately before year 1'. 14
COMMISSION FOR CHILDREN AND YOUNG PEOPLE 15
ACT 2000 16
1 Schedule 4, definition "school"-- 17
omit, insert-- 18
` "school" means-- 19
120
Education (Accreditation of Non-State Schools)
Bill 2001
SCHEDULE 1 (continued)
(a) a State school within the meaning of the Education (General 1
Provisions) Act 1989; or 2
(b) a school that is provisionally accredited, or accredited, under the 3
Education (Accreditation of Non-State Schools) Act 2001.'. 4
EDUCATION (CAPITAL ASSISTANCE) ACT 1993 5
1 Section 3, definition "non-State school"-- 6
omit, insert-- 7
` "non-State school" means a school that is provisionally accredited, or 8
accredited, under the Education (Accreditation of Non-State Schools) 9
Act 2001.'. 10
EDUCATION (GENERAL PROVISIONS) ACT 1989 11
1 Section 2(1), definitions "non-State school", "planning approval", 12
"planning guidelines", "proponent" and "significantly 13
modifying"-- 14
omit. 15
2 Section 2(1)-- 16
insert-- 17
` "accepted representations" see section 134E(2). 18
"board" means the Accreditation of Non-State Schools Board established 19
under the Education (Accreditation of Non-State Schools) Act 2001. 20
121
Education (Accreditation of Non-State Schools)
Bill 2001
SCHEDULE 1 (continued)
"non-State school" means a school that is provisionally accredited, or 1
accredited, under the Education (Accreditation of Non-State Schools) 2
Act 2001. 3
"show cause notice" see section 134D(2). 4
"show cause period" see section 134D(2)(d).'. 5
3 Sections 2(2) and 2A-- 6
omit. 7
4 Section 117, heading-- 8
omit, insert-- 9
`Distance education'. 10
5 Section 117(1) and 118(3)(b)(iii), `the School of Distance 11
Education or any other'-- 12
omit, insert-- 13
`a non-State school that is accredited to provide distance education or a'. 14
6 Part 8A-- 15
omit, insert-- 16
`PART 8A--SCHOOLS IN RECEIPT OF SUBSIDY 17
`134B Allowance acquittal details 18
`(1) This section applies to a non-State school, for which allowances are 19
being paid under section 134A(2)(b). 20
`(2) Within 6 months after the end of each calendar year, the school's 21
governing body must, in the approved form, give the board allowance 22
acquittal details for the school for the calendar year. 23
122
Education (Accreditation of Non-State Schools)
Bill 2001
SCHEDULE 1 (continued)
`(3) Without limiting subsection (2), the governing body is taken to 1
comply with subsection (2) if the details are given to the board, on the 2
governing body's behalf, by an authorised nominee of the governing body. 3
`(4) If the governing body does not comply with this section, the 4
noncompliance is a ground for stopping payment of the allowances. 5
`(5) In this section-- 6
"allowance acquittal details", for a school for a calendar year, means 7
details of how the allowances have been expended, during the 8
calendar year, by the school's governing body.'. 9
`134C Annual report 10
`As soon as practicable after the end of each calendar year, the board 11
must give the Minister a written report about the details received by the 12
board, under section 134B, relating to the calendar year. 13
`134D Show cause notice 14
`(1) This section applies if the board believes the ground, mentioned in 15
section 134B(4), exists for stopping payment of the allowances. 16
`(2) The board must give the governing body a notice (a "show cause 17
notice") stating the following-- 18
(a) that the board proposes to make a recommendation that payment 19
of the allowances be stopped (the "proposed 20
recommendation"); 21
(b) the grounds for the proposed recommendation; 22
(c) an outline of the facts and circumstances forming the basis for 23
the grounds; 24
(d) an invitation to the governing body to show, within a stated 25
period (the "show cause period"), why the proposed 26
recommendation should not be made. 27
`(3) The show cause period must be a period ending at least 30 days after 28
the show cause notice is given to the governing body. 29
123
Education (Accreditation of Non-State Schools)
Bill 2001
SCHEDULE 1 (continued)
`134E Representations about show cause notice 1
`(1) The governing body may make written representations about the 2
show cause notice to the board in the show cause period. 3
`(2) The board must consider all written representations (the "accepted 4
representations") made under subsection (1). 5
`134F Ending show cause process without further action 6
`If, after considering the accepted representations for the show cause 7
notice, the board no longer believes the ground exists for stopping payment 8
of the allowances, the board-- 9
(a) must not take further action about the show cause notice; and 10
(b) must, as soon as practicable, give notice to the governing body 11
that no further action is to be taken about the show cause notice. 12
`134G Recommendation by board 13
`(1) This section applies if after considering the accepted representations 14
for the show cause notice, the board still believes the ground exists for 15
stopping payment of the allowances. 16
`(2) This section also applies if there are no accepted representations for 17
the show cause notice. 18
`(3) The board must make a recommendation that payment of the 19
allowances be stopped. 20
`(5) The board must, as soon as practicable after making the 21
recommendation, give the recommendation to the Minister. 22
`(6) In this section-- 23
"recommendation" includes reasons for the recommendation. 24
`134H Decision of Minister 25
`(1) This section applies if the Minister receives a recommendation 26
under section 134G(5). 27
124
Education (Accreditation of Non-State Schools)
Bill 2001
SCHEDULE 1 (continued)
`(2) The Minister must decide whether payment of the allowances 1
should be stopped. 2
`(3) In making the decision, the Minister must have regard to the 3
recommendation. 4
`(4) To remove doubt, it is declared that the Minister is not bound by the 5
recommendation. 6
`(5) If the Minister decides that payment of the allowances be stopped, 7
the Minister must as soon as practicable give the board and governing body 8
notice of the decision and reasons for the decision. 9
`(6) If the Minister decides that payment of the allowances not be 10
stopped, the Minister must as soon as practicable give the board and 11
governing body notice of the decision. 12
`(7) In this section-- 13
"recommendation" includes reasons for the recommendation. 14
`134I Minister's discretion not limited 15
`(1) The ground, mentioned in section 134B(4), for stopping payment of 16
allowances to a school under section 134A(2)(b) does not limit the 17
Minister's discretion to stop payment for another reason. 18
`(2) Also, if the Minister decides under section 134H that payment of 19
allowances to a school under section 134A(2)(b) not be stopped, the 20
decision does not limit the Minister's discretion to stop payment at a later 21
time.'. 22
7 Section 141(1)(b)-- 23
omit, insert-- 24
`(b) each operating non-State school, the governing body of which is 25
eligible for Government funding for the school under the 26
Education (Accreditation of Non-State Schools) Act 2001.'. 27
8 Section 141(3) to (5)-- 28
omit, insert-- 29
125
Education (Accreditation of Non-State Schools)
Bill 2001
SCHEDULE 1 (continued)
`(3) The Minister may pay an allowance under subsection (2)(b) on 1
reasonable conditions the Minister considers appropriate.'. 2
9 Section 141(6)-- 3
renumber as section 141(4). 4
10 Section 141, as amended and renumbered by this Act-- 5
relocate to part 8A, as replaced by this Act, and renumber as 6
section 134A. 7
11 Section 142, `141'-- 8
omit, insert-- 9
`134A'. 10
12 Section 143, heading, `non-State schools'-- 11
omit, insert-- 12
`places'. 13
13 Section 143(1)(a) and (2)(a)-- 14
omit. 15
14 Section 143(1)(b) to (e)-- 16
renumber as-- 17
section 143(1)(a) to (d). 18
15 Section 143(1)(a) as renumbered, `section 115(2)(a)(ii);'-- 19
omit, insert-- 20
`section 115(2)(a)(ii); or'. 21
126
Education (Accreditation of Non-State Schools)
Bill 2001
SCHEDULE 1 (continued)
16 Section 143(1)(d), `non-State school,'-- 1
omit. 2
17 Section 143(2)(b) and (c)-- 3
renumber as-- 4
section 143(2)(a) and (b). 5
18 Section 143(2)(a) as renumbered, `place;'-- 6
omit, insert-- 7
`place; or'. 8
19 Section 143(2)(a) as renumbered, `subsection (1)(b)'-- 9
omit, insert-- 10
`subsection (1)(a)'. 11
20 Section 143(2)(b) as renumbered, `subsection (1)(c)'-- 12
omit, insert-- 13
`subsection (1)(b)'. 14
21 Section 143(3), from `the principal' to `(2)(c),'-- 15
omit, insert-- 16
`the person mentioned in subsection (2)(a) or (b)'. 17
127
Education (Accreditation of Non-State Schools)
Bill 2001
SCHEDULE 1 (continued)
EDUCATION (SENIOR SECONDARY SCHOOLS 1
STUDIES) ACT 1988 2
1 Section 4, definition "non-State school"-- 3
omit, insert-- 4
` "non-State school" means a school that is provisionally accredited, or 5
accredited, under the Education (Accreditation of Non-State Schools) 6
Act 2001.'. 7
EDUCATION (TEACHER REGISTRATION) ACT 1988 8
1 Section 3-- 9
insert-- 10
`(6) In this section-- 11
"non-State school" means a school that is provisionally accredited, or 12
accredited, under the Education (Accreditation of Non-State Schools) 13
Act 2001.'. 14
EDUCATION (TERTIARY ENTRANCE PROCEDURES 15
AUTHORITY) ACT 1990 16
1 Section 4, definition "non-State school"-- 17
omit, insert-- 18
` "non-State school" means a school that is provisionally accredited, or 19
accredited, under the Education (Accreditation of Non-State Schools) 20
Act 2001.'. 21
128
Education (Accreditation of Non-State Schools)
Bill 2001
SCHEDULE 1 (continued)
EDUCATION (WORK EXPERIENCE) ACT 1996 1
1 Schedule, definition "non-State school"-- 2
omit, insert-- 3
` "non-State school" means a school that is provisionally accredited, or 4
accredited, under the Education (Accreditation of Non-State Schools) 5
Act 2001.'. 6
WORKCOVER QUEENSLAND ACT 1996 7
1 Section 24(4), definition "non-State school"-- 8
omit, insert-- 9
` "non-State school" means a school that is provisionally accredited, or 10
accredited, under the Education (Accreditation of Non-State Schools) 11
Act 2001.'. 12
129
Education (Accreditation of Non-State Schools)
Bill 2001
SCHEDULE 2 1
OTHER AMENDMENTS OF ACTS 2
section 215 3
EDUCATION (GENERAL PROVISIONS) ACT 1989 4
1 Section 115(2)(a)(i), `Council;'-- 5
omit, insert-- 6
`Council; or'. 7
2 Section 141(1), definition "school in receipt of subsidy", 8
`school;'-- 9
insert-- 10
`school; or'. 11
EDUCATION (TEACHER REGISTRATION) ACT 1988 12
1 Section 44A(5), definition "sexual allegation", paragraph (a), 13
`section 337'-- 14
omit, insert-- 15
`section 352 '. 55
16
2 Part 8, division 2 heading-- 17
omit. 18
55 Criminal Code, section 352 (Sexual assaults)
130
Education (Accreditation of Non-State Schools)
Bill 2001
SCHEDULE 2 (continued)
EDUCATION (WORK EXPERIENCE) ACT 1996 1
1 Section 9(2), `$5 000 000'-- 2
omit, insert-- 3
`$10 000 000'. 4
131
Education (Accreditation of Non-State Schools)
Bill 2001
SCHEDULE 3 1
DICTIONARY 2
section 4 3
"accepted representations"-- 4
(a) for chapter 2, part 4, division 2--see section 65(2); or 5
(b) for chapter 3, part 6, division 2--see section 95(2). 6
"accreditation", of a school, means the accreditation of the school under 7
section 27. 8
"accreditation criteria" see section 9. 9
"accredited school" means a school accredited by the board under 10
section 27. 11
"AISQ" means the Association of Independent Schools Queensland Inc. 12
"attributes of accreditation" see section 27(3). 13
"attributes of provisional accreditation" see section 18(2). 14
"assessor" means a person who is appointed as an assessor under 15
section 140. 16
"auditor" means a person who is appointed as an auditor under 17
section 140. 18
"authorised person" means an assessor or auditor. 19
"board" means the Non-State Schools Accreditation Board. 20
"board office" means the office from which the board operates. 21
"catchment area" means-- 22
(a) for a school that is in operation--the geographical area in which 23
at least 80% of the school's students reside; or 24
(b) for a school that is not in operation--the geographical area in 25
which at least 80% of the school's prospective students are likely 26
to reside. 27
"catchment area notice" see section 76(2)(a) and (4)(a). 28
132
Education (Accreditation of Non-State Schools)
Bill 2001
SCHEDULE 3 (continued)
"certificate of accreditation" means a certificate of accreditation issued 1
under section 28(1)(a), 57(4) as applied by section 59, 60(7), 175(5), 2
177(8) or 178(8). 3
"certificate of provisional accreditation" means a certificate of 4
provisional accreditation issued under section 18(3), 34(3)(b), 47(3), 5
56(3), 57(4), 176(7), 179(10) or 180(10). 6
"chairperson" see section 107(1)(a). 7
"change", in a school's governing body, means a change that results in the 8
school having a different governing body. 9
"change day" see section 52(4)(b). 10
"change notice" see section 52(4). 11
"classroom education" means education in which the teacher providing 12
the education and the students receiving the education are in each 13
other's presence. 14
"commencement", for chapter 7, see section 174. 15
"commissioner" means the Commissioner for Children and Young People. 16
"committee" means the Non-State Schools Eligibility for Government 17
Funding Committee. 18
"committee member" means a member of the committee appointed under 19
section 131. 20
"compliance notice" see section 61(2). 21
"convicted", of an offence, means being found guilty of the offence, on a 22
plea of guilty or otherwise, whether or not a conviction is recorded. 23
"criminal history", of a person, means the person's criminal history 24
within the meaning of the Criminal Law (Rehabilitation of Offenders) 25
Act 1986 and does not include offences for which the rehabilitation 26
period has expired, and not been revived, under that Act. 27
"deputy chairperson" means the deputy chairperson of the board 28
appointed under section 110(1). 29
"director", of a school's governing body, means-- 30
(a) if the governing body is a company under the Corporations 31
Act--a person appointed as a director of the governing body; or 32
133
Education (Accreditation of Non-State Schools)
Bill 2001
SCHEDULE 3 (continued)
(b) otherwise--a person who is, or is a member of, the executive or 1
management entity, by whatever name called, of the governing 2
body. 3
"distance education" see Education (General Provisions) Act 1989, 4
section 2(1). 5
"eligibility for Government funding criteria" see section 85(3) and (4). 6
"establishment phase school", for a sector of schooling, means an 7
accredited school-- 8
(a) that may, under its accreditation, provide education within the 9
sector of schooling; and 10
(b) that is yet to start to operate within the sector of schooling; and 11
(c) the governing body of which is eligible for Government funding 12
for the school. 13
"General Provisions Act", for chapter 7, see section 174. 14
"Government-funded school" means a school, the governing body of 15
which is eligible for Government funding for the school. 16
"Government funding", for a school, means funding given by the State 17
for any aspect of the operation of the school. 18
"information notice", for a decision made by the board or Minister, is a 19
notice stating each of the following-- 20
(a) the decision; 21
(b) the reasons for the decision; 22
(c) that the person to whom the notice is given may have the 23
decision reviewed within 28 days; 24
(d) the way the person may have the decision reviewed; 25
(e) if the decision is that a provisionally accredited school not be 26
accredited--a direction that the person surrender the school's 27
certificate of provisional accreditation within 14 days after the 28
decision takes effect; 29
(f) if the decision is that a school's provisional accreditation or 30
accreditation be cancelled--a direction that the person surrender 31
134
Education (Accreditation of Non-State Schools)
Bill 2001
SCHEDULE 3 (continued)
the certificate of provisional accreditation or accreditation within 1
14 days after the decision takes effect; 2
(g) if the decision is that a school's provisional accreditation period 3
be extended or reduced under section 46(1)(b)--a direction that 4
the person surrender the certificate of provisional accreditation 5
within 14 days after the decision takes effect. 6
"member" means a member of the board appointed under section 107. 7
"Minister's consultation committee nominee" see section 131(1)(b). 8
"Minister's consultation nominees" see section 107(1)(b). 9
"non-State school" see section 6. 10
"notice" means written notice. 11
"not operated for profit", in relation to a school, see section 7. 12
"original decision" see section 101. 13
"person with a disability" see Education (General Provisions) Act 1989, 14
section 3(1). 15
"planning approval decision", for chapter 7, part 8, see section 204. 16
"positive notice" means a positive notice issued by the commissioner 17
under the Commission for Children and Young People Act 2000, 18
section 102. 19
"preschool education" see Education (General Provisions) Act 1989, 20
section 2(1). 21
"primary education" see Education (General Provisions) Act 1989, 22
section 2(1). 23
"properly made submission" see section 80(2). 24
"provisional accreditation", of a school, means the provisional 25
accreditation of the school under section 18. 26
"provisional accreditation period", of a school, means the provisional 27
accreditation period applying to the school under this Act. 28
"provisionally accredited school" means a school provisionally 29
accredited by the board under section 18. 30
"QCEC" means the Queensland Catholic Education Commission. 31
135
Education (Accreditation of Non-State Schools)
Bill 2001
SCHEDULE 3 (continued)
"register" means the register kept under section 160. 1
"relevant operational aspect" see section 50(1)(b). 2
"review", of a decision, means review of the decision under chapter 4. 3
"school" see section 5. 4
"school survey data", for a school, means the following-- 5
(a) the number of full-time students enrolled at the school, grouped 6
according to the type of education offered at the school; 7
(b) the number of part-time students enrolled at the school, grouped 8
according to the type of education offered at the school; 9
(c) the number of students enrolled for distance education at the 10
school; 11
(d) the number of full-time students enrolled at the school who are 12
persons with a disability; 13
(e) the number of part-time students enrolled at the school who are 14
persons with a disability; 15
(f) details of the sites from which the school operates; 16
(g) other details, about the school, prescribed under a regulation. 17
"secondary education" see Education (General Provisions) Act 1989, 18
section 2(1). 19
"sector of schooling" means any of the following groups of years of 20
schooling-- 21
(a) preschool to year 3; 22
(b) years 4 to 7; 23
(c) years 8 to 10; 24
(d) years 11 and 12. 25
26
© State of Queensland 2001
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