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Queensland
EDUCATION (QUEENSLAND
STUDIES AUTHORITY) BILL
2001
Queensland
EDUCATION (QUEENSLAND STUDIES
AUTHORITY) BILL 2001
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 2--Objects
3 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 3--Guiding principles for achieving Act's objects
4 Guiding principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 4--Interpretation
5 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PART 2--ESTABLISHMENT, FUNCTIONS AND POWERS OF
QUEENSLAND STUDIES AUTHORITY
Division 1--Establishment
6 Establishment of authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 2--Functions
7 Authority's functions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
8 Development functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
9 Accreditation function. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
10 Testing functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
11 Assessment functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
12 Moderation function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
13 Certification functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
14 Vocational education and training functions . . . . . . . . . . . . . . . . . . . . . . . . . 12
15 Tertiary entrance functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2
Education (Queensland Studies Authority) Bill 2001
16 Research function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
17 Other functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 3--Authority's powers
18 Powers of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 4--Tests and notifications of syllabuses and preschool
guidelines
19 Tests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
20 Notification of approved or accredited syllabus or preschool guideline . . . . 16
21 Notice to be given to nominated body. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 3--MINISTER'S POWERS IN RELATION TO AUTHORITY
22 Minister may refer matter to authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
23 Minister's power to give directions in the public interest . . . . . . . . . . . . . . . 17
24 Power to require production of document . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
PART 4--MATTERS CONCERNING AUTHORITY
Division 1--Membership
25 Membership of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
26 Nomination by entities for membership of authority . . . . . . . . . . . . . . . . . . 20
27 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
28 Chairperson of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
29 Deputy chairperson of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
30 Disqualification from membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
31 Vacation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
32 When notice of resignation takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
33 Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
34 Remuneration of an appointed member . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 2--Authority business
35 Conduct of business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
36 Times and places of authority meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
37 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
38 Presiding at authority meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
39 Official member may appoint nominee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
40 Attendance by proxy by member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
41 Participation of director in authority meetings . . . . . . . . . . . . . . . . . . . . . . . 25
3
Education (Queensland Studies Authority) Bill 2001
42 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
43 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
44 Disclosure of interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 3--Authority committees
45 Executive committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
46 Participation of director in executive committee meetings . . . . . . . . . . . . . . 28
47 Other committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
48 Remuneration of authority committee members . . . . . . . . . . . . . . . . . . . . . . 29
Division 4--Financial provisions
49 Authority is statutory body under the Financial Administration and Audit
Act 1977 ............................................... 29
50 Authority is statutory body under the Statutory Bodies Financial
Arrangements Act 1982 ................................. 29
51 Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
52 Compliance with approved budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Division 5--Other provisions about the authority
53 Performance of authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
54 Change in requirements for certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
55 Delegation by authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
56 Time within which authority to do something under this Act . . . . . . . . . . . . 31
PART 5--OFFICE OF THE QUEENSLAND STUDIES
AUTHORITY
Division 1--Establishment
57 Establishment of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 2--Office's function and powers
58 Function and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 3--The director
59 Appointment of director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
60 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
61 Function of director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
62 Director must act independently etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
63 Delegation by director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
64 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
4
Education (Queensland Studies Authority) Bill 2001
65 Ending of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
66 Preservation of rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
67 Superannuation for director who was previously a public service officer . . 34
68 Acting director. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Division 4--Staff of the office
69 Office staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
PART 6--MISCELLANEOUS
70 Protecting persons from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
71 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
72 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
73 Administrative support for authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
74 Authority's annual report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
75 Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
76 Powers of Minister administering vocational education and training department 36
77 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
78 Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
79 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
PART 7--REPEAL AND TRANSITIONAL PROVISIONS
Division 1--Repeal of Acts
80 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Division 2--Transitional provisions
81 Definitions for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
82 Dissolution of former bodies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
83 References to repealed Act or former body. . . . . . . . . . . . . . . . . . . . . . . . . . 40
84 Authority is the legal successor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
85 Agreements and proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
86 Assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
87 Preschool guidelines and syllabuses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
88 Work program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
89 Possible issue of certificate of achievement not to be jeopardised . . . . . . . . 41
PART 8--AMENDMENTS OF ACTS
90 Consequential and other amendments of Acts . . . . . . . . . . . . . . . . . . . . . . . 42
5
Education (Queensland Studies Authority) Bill 2001
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 43
CONSEQUENTIAL AND OTHER AMENDMENTS OF ACTS
EDUCATION (GENERAL PROVISIONS) ACT 1989 . . . . . . . . . . . . . . . . 43
PUBLIC SERVICE ACT 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 46
DICTIONARY
2001
A BILL
FOR
An Act to establish the Queensland Studies Authority, to confer
functions on the authority including functions about developing
and accrediting 112 syllabuses and preschool guidelines, testing,
assessment, moderation, certification, vocational education and
training and tertiary entrance, to establish the Office of the
Queensland Studies Authority, and for other purposes
s1 8 s3
Education (Queensland Studies Authority) Bill 2001
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
Division 1--Introduction 3
1 Short title 4
This Act may be cited as the Education (Queensland Studies Authority) 5
Act 2001. 6
2 Commencements 7
This Act commences on a day to be fixed by proclamation. 8
Division 2--Objects 9
3 Objects of Act 10
(1) The objects of this Act are-- 11
(a) to help schools to achieve quality learning outcomes for their 12
students; and 13
(b) to facilitate the transition of students through the sectors of 14
education; and 15
(c) to maintain public confidence in certificates of achievement. 16
(2) The objects are to be achieved mainly by-- 17
(a) establishing the Queensland Studies Authority; and 18
(b) conferring on the authority functions about-- 19
(i) the development, and approval, of 112 syllabuses and 20
preschool guidelines; and 21
(ii) the accreditation of 112 syllabuses and preschool 22
guidelines; and 23
s4 9 s5
Education (Queensland Studies Authority) Bill 2001
(iii) the testing and assessment of persons; and 1
(iv) moderation; and 2
(v) the issue of certificates of achievement; and 3
(vi) vocational education and training; and 4
(vii) tertiary entrance; and 5
(c) establishing the Office of the Queensland Studies Authority to 6
help the authority in the performance of the authority's functions. 7
Division 3--Guiding principles for achieving Act's objects 8
4 Guiding principles 9
The principles intended to guide the achievement of this Act's objects 10
are the following-- 11
(a) collaboration and consultation should be promoted-- 12
(i) across the sectors of education; and 13
(ii) across State schools and non-State schools; 14
(b) students should be encouraged, through flexible learning 15
pathways, to gain-- 16
(i) a certificate of achievement on completion of secondary 17
education; or 18
(ii) an equivalent qualification as provided for under the 19
Australian Qualifications Framework; 20
(c) the professional role of teachers in schools should be recognised; 21
(d) the diverse educational needs of students should be catered for; 22
(e) students should be helped to achieve their educational career 23
goals. 24
Division 4--Interpretation 25
5 Definitions 26
The dictionary in schedule 2 defines particular words used in this Act. 27
s6 10 s8
Education (Queensland Studies Authority) Bill 2001
PART 2--ESTABLISHMENT, FUNCTIONS AND 1
POWERS OF QUEENSLAND STUDIES AUTHORITY 2
Division 1--Establishment 3
6 Establishment of authority 4
(1) The Queensland Studies Authority is established. 5
(2) The authority-- 6
(a) is a body corporate; and 7
(b) has a common seal; and 8
(c) may sue and be sued in its corporate name. 9
Division 2--Functions 10
7 Authority's functions 11
This division states the authority's functions. 12
8 Development functions 13
The authority has the following functions-- 14
(a) to develop and revise 112 syllabuses and preschool guidelines; 15
(b) to approve 112 syllabuses and preschool guidelines, developed 16
or revised by the authority, for implementation at schools; 17
(c) to develop and revise documents to support the implementation 18
at schools of approved syllabuses or approved preschool 19
guidelines; 20
(d) to develop resources and services for the professional 21
development of teachers, in support of the implementation at 22
schools of approved syllabuses or approved preschool guidelines. 23
s9 11 s 11
Education (Queensland Studies Authority) Bill 2001
9 Accreditation function 1
The authority has the function to accredit 112 syllabuses and preschool 2
guidelines, developed by entities other than the authority, for 3
implementation at schools. 4
10 Testing functions 5
The authority has, for a test required under a regulation, the following
1
6
functions-- 7
(a) to develop, revise and mark the test; 8
(b) to develop procedures for the administration of the test by 9
schools or the authority; 10
(c) to analyse systemic information about the performance of 11
persons who undertook the test and to report the results of the 12
analysis to the Minister, the chief executive, AISQ and QCEC; 13
(d) to give the principal of a school individual results of the school's 14
students who undertook the test; 15
(e) to give a person who undertook the test the person's results in the 16
test. 17
11 Assessment functions 18
(1) The authority has the function to decide on procedures, and to carry 19
out arrangements, for the assessment of persons in an area of learning for 20
which the results may be recorded on a certificate of achievement. 21
(2) Also, the authority has, for an assessment prescribed under a 22
regulation, the following functions-- 23
(a) to develop and revise documents for the assessment; 24
(b) to develop procedures for the administration of the assessment. 25
(3) In addition, the authority has the following functions-- 26
(a) to collect, and analyse, assessment data; 27
(b) to report the results of the analysis to the Minister, the chief 28
executive, AISQ and QCEC. 29
1 See section 19(1) (Tests).
s 12 12 s 14
Education (Queensland Studies Authority) Bill 2001
12 Moderation function 1
The authority has the function to decide on procedures, and to make 2
arrangements, for moderation. 3
13 Certification functions 4
(1) The authority has the following functions-- 5
(a) to issue certificates of achievement of the type provided for under 6
a regulation; 7
(b) to review, and to make recommendations to the Minister about, 8
the requirements for issuing certificates of achievement; 9
(c) to inform the public about-- 10
(i) each type of certificate of achievement; and 11
(ii) the requirements for issuing each type of certificate of 12
achievement. 13
(2) Also, the authority has the function to approve work programs for an 14
area of learning, for which the results may be recorded on a type of 15
certificate of achievement prescribed under a regulation. 16
(3) In addition, the authority has the function to recognise the results of a 17
person, in a non-authority area of learning, that may be recorded on a 18
certificate of achievement. 19
14 Vocational education and training functions 20
The authority has the following functions-- 21
(a) to exercise powers delegated to the authority, by the Training 22
Recognition Council, under the Training and Employment Act 23
2000, section 186;2 24
(b) to inform the public about-- 25
(i) vocational education and training courses accredited under 26
the delegation; and 27
(ii) vocational placement schemes recognised under the 28
delegation; and 29
2 Training and Employment Act 2000, section 186 (Delegation by council)
s 15 13 s 15
Education (Queensland Studies Authority) Bill 2001
(iii) training organisations registered under the delegation; 1
(c) to advise the Minister administering the vocational education and 2
training department about vocational education and training 3
matters relevant to the authority's functions. 4
15 Tertiary entrance functions 5
The authority has the following functions-- 6
(a) after consulting with the Minister, to decide the authority's 7
tertiary entrance procedures and requirements; 8
(b) to rank persons as a basis for tertiary entrance as provided for 9
under the authority's tertiary entrance procedures and 10
requirements; 11
(c) to issue tertiary entrance statements; 12
(d) to monitor, review, and recommend to the Minister changes to, 13
the tertiary entrance requirements of tertiary institutions 14
established in the State; 15
(e) to inform the public about tertiary entrance procedures and 16
requirements; 17
(f) to confer and collaborate about tertiary entrance with the 18
following, and other, entities having an interest in tertiary 19
education-- 20
(i) universities; 21
(ii) TAFE institute councils of TAFE institutes established 22
under the Training and Employment Act 2000; 23
(iii) Queensland Tertiary Admissions Centre Ltd 24
ACN 050 542 633; 25
(iv) the department in which the Education (General Provisions) 26
Act 1989 is administered; 27
(v) AISQ and QCEC; 28
(vi) the principals of schools; 29
(vii) the vocational education and training department; 30
(viii)industry training advisory bodies, and group training 31
organisations, recognised under the Training and 32
Employment Act 2000; 33
s 16 14 s 18
Education (Queensland Studies Authority) Bill 2001
(g) to review, and to make recommendations to the Minister about, 1
tertiary entrance. 2
16 Research function 3
The authority has the function to undertake research about matters 4
relevant to its functions stated in sections 8 to 15 and 17. 5
17 Other functions 6
The authority also has the following functions-- 7
(a) to decide the equivalent level of school education, or school 8
qualification, in the State of a level of education reached, or 9
qualification obtained, by a person at an educational institution 10
established outside the State; 11
(b) to give a person, on request, a copy of a certificate, about the 12
completion of the person's studies, under the Education Act 1964 13
or the Education (Senior Secondary School Studies) Act 1988, or 14
a certificate of achievement, that was issued to the person; 15
(c) to advise the Minister, and inform the public, about matters 16
relevant to the authority's functions; 17
(d) to give information, obtained by the authority in the performance 18
of its functions, to the Commonwealth, a State or an entity of the 19
Commonwealth or a State; 20
(e) to perform other functions conferred on the authority under this, 21
or another, Act. 22
Division 3--Authority's powers 23
18 Powers of authority 24
(1) The authority has all the powers of an individual, and may, for 25
example-- 26
(a) enter into contracts; and 27
(b) acquire, hold, dispose of, and deal with, property; and 28
(c) appoint agents and attorneys; and 29
s 19 15 s 19
Education (Queensland Studies Authority) Bill 2001
(d) engage consultants; and 1
(e) produce documents in performing its functions; and 2
(f) charge for advertising in the documents; and 3
(g) fix charges, and other terms, for services and other facilities it 4
supplies; and 5
(h) do anything else necessary or convenient to be done in 6
performing its functions. 7
(2) However, the authority must not enter into an agreement about real 8
property, including, for example, leasing premises for its accommodation, 9
unless the Minister has approved its entering into the agreement. 10
(3) Without limiting subsection (1), the authority has the powers given 11
to it under this, or another, Act. 12
(4) The authority may exercise its powers inside or outside Queensland. 13
(5) Without limiting subsection (4), the authority may exercise its 14
powers outside Australia. 15
Division 4--Tests and notifications of syllabuses and preschool 16
guidelines 17
19 Tests 18
(1) A regulation may require the authority to develop tests for the 19
assessment of particular skills or knowledge of persons. 20
21
Examples of a test--
22
1. A test to assess the literacy skills of students in the year 5 year of schooling.
23
2. A core skills test.
(2) After the authority develops or revises a test required under the 24
regulation (an "approved test"), it must give notice about the approved 25
test to-- 26
(a) the Minister; and 27
(b) the governing body of each non-State school. 28
s 20 16 s 21
Education (Queensland Studies Authority) Bill 2001
(3) If a school administers an approved test, the school's principal must 1
give the authority the test script of each of the school's students who 2
undertook the test. 3
(4) This section is subject to section 21. 4
20 Notification of approved or accredited syllabus or preschool 5
guideline 6
(1) This section applies if the authority-- 7
(a) approves a 112 syllabus or preschool guideline developed or 8
revised by it under this Act; or 9
(b) accredits a 112 syllabus or preschool guideline under this Act. 10
(2) The authority must, after the approval or accreditation, give notice 11
about the approved syllabus, approved preschool guideline, accredited 12
syllabus or accredited preschool guideline to-- 13
(a) the Minister; and 14
(b) the governing body of each non-State school. 15
(3) This section is subject to section 21. 16
21 Notice to be given to nominated body 17
(1) If a non-State school's governing body gives the authority a notice 18
asking that notices mentioned in this division be given to a nominated body 19
instead of the governing body, the authority must comply with the request. 20
(2) If the authority complies with the request, it is taken to have 21
complied with the requirement that a notice mentioned in this division be 22
given by it to the governing body. 23
s 22 17 s 23
Education (Queensland Studies Authority) Bill 2001
PART 3--MINISTER'S POWERS IN RELATION TO 1
AUTHORITY 2
22 Minister may refer matter to authority 3
(1) If the Minister considers there is a matter relevant to the authority's 4
functions that the authority should investigate, the Minister may, by notice 5
given to the authority, refer the matter to the authority for its investigation. 6
(2) The authority must, after completing the investigation, give the 7
Minister a written report about the matter. 8
23 Minister's power to give directions in the public interest 9
(1) The Minister may give the authority a written direction about a 10
matter relevant to its functions if the Minister is satisfied it is necessary to 11
give the direction in the public interest. 12
(2) Without limiting subsection (1), the direction may be that the 13
authority must comply with-- 14
(a) a policy, standard or other instrument applying to a public sector 15
unit; or 16
(b) another document, including, for example, another policy, 17
standard or instrument. 18
(3) The authority must comply with the direction. 19
(4) The direction can not be about-- 20
(a) the content of a 112 syllabus or preschool guideline; or 21
(b) the approval of a 112 syllabus or preschool guideline developed 22
or revised by the authority; or 23
(c) the accreditation, under this Act, of a 112 syllabus or preschool 24
guideline; or 25
(d) the approval, under this Act, of a work program for an area of 26
learning; or 27
(e) the recording of the results of a particular person, in an area of 28
learning, on a certificate of achievement. 29
s 24 18 s 25
Education (Queensland Studies Authority) Bill 2001
(5) In the authority's annual report for a financial year, the authority 1
must include copies of all directions given to it under this section in the 2
financial year. 3
(6) This section is subject to section 76(3). 4
24 Power to require production of document 5
(1) The Minister may, by notice given to the authority, require it to make 6
available for inspection by the Minister, or produce to the Minister for 7
inspection, a stated Act document in the possession or control of the 8
authority. 9
(2) The Act document must be made available for inspection, or 10
produced, at a reasonable time and place stated in the notice. 11
(3) The Minister may copy the Act document and must return it to the 12
authority after copying it. 13
(4) In the authority's annual report for a financial year, the authority 14
must include copies of all notices given to it under this section in the 15
financial year. 16
(5) In this section-- 17
"Act document" means a document relevant to the authority's functions. 18
PART 4--MATTERS CONCERNING AUTHORITY 19
Division 1--Membership 20
25 Membership of authority 21
(1) The authority consists of the following-- 22
(a) the chief executive; 23
(b) the chief executive of the vocational education and training 24
department; 25
(c) the persons appointed under subsection (2). 26
s 25 19 s 25
Education (Queensland Studies Authority) Bill 2001
(2) The Governor in Council is to appoint the following persons as 1
members of the authority-- 2
(a) 1 nominee of the Minister; 3
(b) 1 nominee of AISQ; 4
(c) 1 nominee of QCEC; 5
(d) 2 nominees of the Higher Education Forum, at least 1 of whom 6
must have expertise relating to tertiary entrance; 7
(e) 2 persons who, at the time of appointment, are parents or 8
guardians of students enrolled at a school, of whom-- 9
(i) one is to be nominated by the Queensland Council of 10
Parents' and Citizens' Associations Incorporated; and 11
(ii) one is to be nominated jointly by the Federation of Parents 12
and Friends Associations of Catholic Schools, Queensland 13
and the Independent Parents and Friends Council of 14
Queensland; 15
(f) 1 primary school principal and 1 secondary school principal, of 16
whom-- 17
(i) one is to be nominated by the chief executive; and 18
(ii) one is to be nominated jointly by AISQ and QCEC; 19
(g) 1 teacher of primary education and 1 teacher of secondary 20
education, neither of whom is a school principal, of whom-- 21
(i) one is to be nominated by the chief executive; and 22
(ii) one is to be nominated jointly by AISQ and QCEC; 23
(h) 1 nominee of the Queensland Teachers' Union; 24
(i) 1 nominee of the Queensland Independent Education Union of 25
Employees; 26
(j) 1 nominee of the Minister administering the vocational education 27
and training department; 28
(k) 3 nominees of the Minister, of whom-- 29
(i) one is to have expertise in the provision of special 30
education; and 31
(ii) one is to have expertise in the education of Aborigines or 32
Torres Strait Islanders; and 33
s 26 20 s 28
Education (Queensland Studies Authority) Bill 2001
(iii) one is to be representative of industry; 1
(l) one other person who may be nominated by the Minister. 2
(3) The Minister's nominees must have the qualifications, experience or 3
standing the Minister considers appropriate for membership of the 4
authority. 5
(4) The person appointed to be the director may not be an appointed 6
member. 7
26 Nomination by entities for membership of authority 8
(1) This section applies to the nomination of a person for membership of 9
the authority by an entity or entities mentioned in section 25(2)(b) to (j). 10
(2) The Minister must give the entity or entities a notice stating a 11
reasonable time within which it or they may nominate a person for the 12
membership. 13
(3) If the entity does not nominate, or the entities do not nominate 14
jointly, a person within the time stated in the notice, the Minister may 15
nominate a person for the membership and the nomination is taken to have 16
been made by the entity or entities. 17
(4) A person nominated under subsection (3) must be a person whom the 18
entity or entities may nominate for membership of the authority as stated in 19
section 25(2). 20
27 Term of appointment 21
An appointed member must be appointed for a term of not more than 22
4 years. 23
28 Chairperson of authority 24
(1) The Governor in Council is to appoint the member mentioned in 25
section 25(2)(a) to be the chairperson of the authority. 26
(2) A person may be appointed as the chairperson at the same time the 27
person is appointed as a member. 28
(3) The chairperson holds office while a member under section 25(2)(a). 29
s 29 21 s 30
Education (Queensland Studies Authority) Bill 2001
29 Deputy chairperson of authority 1
(1) The authority must appoint a member as the deputy chairperson of 2
the authority. 3
(2) The deputy chairperson holds office for the term decided by the 4
authority. 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
(6) For subsection (5), "deputy chairperson" includes a member 15
appointed, under section 33(7),3 to act in the deputy chairperson's office. 16
30 Disqualification from membership 17
(1) A person can not become, or continue as, an appointed member if the 18
person-- 19
(a) is, or has been, convicted of an indictable offence; or 20
(b) is affected by bankruptcy action. 21
(2) However, if the Minister considers it would be reasonable, having 22
regard to the circumstances of the indictable offence of which a person has 23
been convicted or the circumstances in which a person has been affected by 24
bankruptcy action, the Minister may-- 25
(a) if the person was an appointed member when convicted or 26
affected by bankruptcy action--give notice to the chairperson 27
and the person that the person is restored as an appointed 28
member, and may be later reappointed, despite the conviction or 29
being affected by bankruptcy action; or 30
3 Section 33 (Leave of absence)
s 31 22 s 31
Education (Queensland Studies Authority) Bill 2001
(b) otherwise--give written approval for the person to become an 1
appointed member despite the conviction or being affected by 2
bankruptcy action. 3
(3) On the day the chairperson receives a notice under 4
subsection (2)(a)-- 5
(a) the person is restored as an appointed member; and 6
(b) if another person has been appointed to fill the vacancy--the 7
other person's appointment ends. 8
(4) If a person is restored as an appointed member under subsection (3), 9
the person's term of office as an appointed member ends when it would 10
have ended if the person had not been convicted of the offence or affected 11
by bankruptcy action. 12
31 Vacation of office 13
(1) The office of an appointed member becomes vacant if the member-- 14
(a) resigns his or her office by signed notice of resignation given to 15
the Minister; or 16
(b) can not continue as a member under section 30; or 17
(c) is absent, without the authority's permission, from 3 consecutive 18
meetings of which proper notice has been given. 19
(2) Also, the office of an appointed member becomes vacant if the 20
member was nominated for membership of the authority under a 21
nomination provision and the member stops being a person mentioned in 22
that provision. 23
(3) In this section-- 24
"meeting" means-- 25
(a) if the member does not attend--an authority meeting with a 26
quorum present; or 27
(b) if the member attends--an authority meeting with or without a 28
quorum present. 29
"nomination provision" means section 25(2)(f) or (g).4 30
4 Section 25 (Membership of authority)
s 32 23 s 33
Education (Queensland Studies Authority) Bill 2001
32 When notice of resignation takes effect 1
A notice of resignation mentioned in section 29(3) or 31(1)(a) takes 2
effect when the notice is given to the Minister or, if a later time is stated in 3
the notice, the later time. 4
33 Leave of absence 5
(1) The Minister may approve a leave of absence for an appointed 6
member (the "approved absent member"). 7
(2) The Minister may appoint someone else to act in the office of the 8
approved absent member while the member is absent on the leave. 9
(3) If the approved absent member is an eligible person for a nominating 10
entity, the Minister must, before making the appointment, give the entity a 11
notice stating a reasonable time within which it may nominate someone 12
else to act in the office of the approved absent member while the member is 13
absent on the leave. 14
(4) If the entity does not make the nomination within the time stated in 15
the notice, the Minister may proceed to appoint a person who is an eligible 16
person for the entity. 17
(5) A person is taken to be an appointed member during the term of the 18
person's appointment to act in the office of an approved absent member. 19
(6) The Minister's power to appoint a person to act in the office of an 20
approved absent member does not limit the Governor in Council's powers 21
under the Acts Interpretation Act 1954, section 25(1)(b)(v).5 22
(7) If the approved absent member is the deputy chairperson, the 23
authority may appoint another member to act in the deputy chairperson's 24
office while the deputy chairperson is absent on the leave. 25
(8) In this section-- 26
"eligible person", for a nominating entity, means a person whom the entity 27
may nominate for membership of the authority as stated in 28
section 25(2)(b) to (j). 29
"nominating entity" means an entity or entities that, under 30
section 25(2)(b) to (j), may nominate, or nominate jointly, a person to 31
be a member. 32
5 Acts Interpretation Act 1954, section 25 (Powers of appointment imply certain
incidental powers)
s 34 24 s 38
Education (Queensland Studies Authority) Bill 2001
34 Remuneration of an appointed member 1
An appointed member is entitled to be paid the fees and allowances 2
decided by the Governor in Council. 3
Division 2--Authority business 4
35 Conduct of business 5
Subject to this division, the authority must conduct its business, 6
including its meetings, in the way it considers appropriate. 7
36 Times and places of authority meetings 8
(1) Meetings of the authority must be held at the times and places the 9
executive committee decides. 10
(2) However, the executive committee must call a meeting if asked, in 11
writing, to do so by the Minister or at least the number of members 12
required to form a quorum for the authority. 13
(3) The authority must meet as often as necessary for it to perform its 14
functions. 15
(4) Without limiting subsection (3), the authority must meet at least 16
6 times a year. 17
37 Quorum 18
A quorum for the authority is the number equal to one-half of the 19
number of its members or, if one-half is not a whole number, the next 20
highest whole number. 21
38 Presiding at authority meetings 22
(1) The chairperson must preside at all authority meetings at which the 23
chairperson is present. 24
(2) If the chairperson is absent from an authority meeting, but the deputy 25
chairperson is present, the deputy chairperson must preside. 26
s 39 25 s 41
Education (Queensland Studies Authority) Bill 2001
(3) If the chairperson and deputy chairperson are both absent from an 1
authority meeting or the offices are vacant, a member chosen by the 2
members present must preside. 3
(4) In this section-- 4
"deputy chairperson" includes a member appointed, under section 33(7),6 5
to act in the deputy chairperson's office. 6
39 Official member may appoint nominee 7
(1) An official member may, in writing, appoint a person (the "official 8
member's nominee") to attend authority meetings and executive 9
committee meetings in place of the official member during any period, or 10
during all periods, when the official member can not attend for any reason. 11
(2) When making the appointment, if practicable, the official member 12
must appoint a person who has previously attended the meetings as the 13
official member's nominee. 14
(3) The official member's nominee must be a public service officer who 15
is appropriately qualified to exercise the official member's powers. 16
(4) The official member must give the chairperson notice of-- 17
(a) the appointment; and 18
(b) if the instrument of appointment is amended or revoked--the 19
amendment or revocation. 20
40 Attendance by proxy by member 21
(1) A member may, not more than twice in a year, attend an authority 22
meeting by proxy. 23
(2) A member is not entitled to preside at an authority meeting merely 24
because the member is the proxyholder for another member who, if 25
present, would be entitled to preside. 26
41 Participation of director in authority meetings 27
(1) The director may participate in any of the authority's deliberations, 28
but has no voting rights at an authority meeting. 29
6 Section 33 (Leave of absence)
s 42 26 s 44
Education (Queensland Studies Authority) Bill 2001
(2) For subsection (1), the chairperson must give the director timely 1
notice of an authority meeting. 2
(3) An authority meeting is not invalid merely because the chairperson 3
has not, for the meeting, complied with subsection (2). 4
42 Conduct of meetings 5
(1) A question at an authority meeting is to be decided by a majority of 6
the votes of the members present. 7
(2) Each member present at an authority meeting has a vote on each 8
question to be decided and, if the votes are equal, the member presiding 9
also has a casting vote. 10
(3) A member present at an authority meeting who abstains from voting 11
is taken to have voted for the negative. 12
(4) The authority may hold meetings, or allow members to take part in 13
its meetings, by using any technology allowing reasonably 14
contemporaneous and continuous communication between members taking 15
part in the meetings, including, for example, teleconferencing. 16
(5) A member who takes part in an authority meeting under 17
subsection (4) is taken to be present at the meeting. 18
(6) A resolution is validly made by the authority, even if it is not passed 19
at an authority meeting, if-- 20
(a) notice of the resolution is given under procedures approved by 21
the authority; and 22
(b) a majority of the members gives written agreement to the 23
resolution. 24
43 Minutes 25
The authority must keep minutes of its meetings. 26
44 Disclosure of interest 27
(1) This section applies to a member (the "interested member") if-- 28
(a) the interested member has a direct or indirect interest in an issue 29
being considered, or about to be considered, by the authority; and 30
s 45 27 s 45
Education (Queensland Studies Authority) Bill 2001
(b) the interest could conflict with the proper performance of the 1
interested member's duties for considering the issue. 2
(2) As soon as practicable after the relevant facts come to the interested 3
member's knowledge, the interested member must disclose the nature of 4
the interest to an authority meeting. 5
(3) Unless the authority otherwise directs, the interested member must 6
not-- 7
(a) be present when the authority considers the issue; or 8
(b) take part in a decision of the authority about the issue. 9
(4) The interested member must not be present when the authority is 10
considering whether to give a direction under subsection (3). 11
(5) If there is another member who must, under subsection (2), also 12
disclose an interest in the issue, the other member must not-- 13
(a) be present when the authority is considering whether to give a 14
direction mentioned in subsection (3) about the interested 15
member; or 16
(b) take part in making the decision about giving the direction. 17
(6) If-- 18
(a) because of this section, a member is not present at an authority 19
meeting for considering or deciding an issue, or for considering 20
or deciding whether to give a direction under subsection (3); and 21
(b) there would be a quorum if the member were present; 22
the remaining members present are a quorum of the authority for 23
considering or deciding the issue, or for considering or deciding whether to 24
give the direction, at the meeting. 25
(7) A disclosure under subsection (2) must be recorded in the authority's 26
minutes of its meetings. 27
Division 3--Authority committees 28
45 Executive committee 29
(1) There is an executive committee of the authority. 30
(2) The members of the executive committee are as follows-- 31
s 46 28 s 47
Education (Queensland Studies Authority) Bill 2001
(a) the chairperson; 1
(b) the official members; 2
(c) the members mentioned in section 25(2)(b) and (c).7 3
(3) The executive committee must set the agenda for each meeting of the 4
authority held under section 36(1).8 5
(4) Also, the executive committee must perform functions conferred on 6
the committee by the authority and report to the authority as required by 7
the authority. 8
46 Participation of director in executive committee meetings 9
(1) The director may participate in any of the executive committee's 10
deliberations, but has no voting rights at an executive committee meeting. 11
(2) For subsection (1), the chairperson must give the director timely 12
notice of an executive committee meeting. 13
(3) A meeting of the executive committee is not invalid merely because 14
the chairperson has not, for the meeting, complied with subsection (2). 15
47 Other committees 16
(1) The authority may establish committees of the authority for 17
effectively and efficiently performing the authority's functions. 18
(2) A committee may include a person who is not a member of the 19
authority. 20
(3) The authority must decide the terms of reference of a committee. 21
(4) The functions of a committee are-- 22
(a) to advise and make recommendations to the authority about 23
matters, relevant to the authority's functions, referred by the 24
authority to the committee; and 25
(b) to exercise powers delegated to it by the authority.9 26
7 Section 25 (Membership of authority)
8 Section 36 (Times and places of authority meetings)
9 See section 55 (Delegation by authority) for the authority's power of delegation.
s 48 29 s 51
Education (Queensland Studies Authority) Bill 2001
(5) A committee must keep a record of the decisions it makes when 1
exercising a power delegated to it by the authority. 2
(6) The authority may decide matters about a committee that are not 3
provided for under this Act, including, for example, the way a committee 4
must conduct meetings. 5
48 Remuneration of authority committee members 6
A member of an authority committee is entitled to be paid the fees and 7
allowances decided by the Governor in Council. 8
Division 4--Financial provisions 9
49 Authority is statutory body under the Financial Administration 10
and Audit Act 1977 11
The authority is a statutory body under the Financial Administration and 12
Audit Act 1977. 13
50 Authority is statutory body under the Statutory Bodies Financial 14
Arrangements Act 1982 15
(1) The authority is a statutory body under the Statutory Bodies 16
Financial Arrangements Act 1982. 17
(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B10 18
sets out the way in which the authority's powers under this Act are affected 19
by the Statutory Bodies Financial Arrangements Act 1982. 20
51 Budget 21
(1) The authority must, for each financial year, develop, adopt and give 22
to the Minister a budget by the day the Minister directs. 23
(2) A budget has no effect until approved by the Minister. 24
10 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this Act
and relationship with other Acts)
s 52 30 s 54
Education (Queensland Studies Authority) Bill 2001
(3) In a financial year, the authority may develop, adopt and give to the 1
Minister amendments to its approved budget for the financial year. 2
(4) An amendment has no effect until approved by the Minister. 3
52 Compliance with approved budget 4
(1) The authority must comply with its approved budget for a financial 5
year. 6
(2) If the authority makes a disbursement in a financial year that is not 7
provided for in its approved budget for the financial year, the members who 8
knowingly agreed to the disbursement (the "relevant members") are 9
jointly and severally liable to repay the amount of the disbursement to the 10
authority. 11
(3) A person appointed in writing by the Minister for the purpose may 12
recover, on the authority's behalf, the amount from the relevant members as 13
a debt. 14
Division 5--Other provisions about the authority 15
53 Performance of authority 16
(1) The Minister has responsibility to ensure the authority operates to 17
best practice standards. 18
(2) To help the Minister discharge the responsibility, the authority must 19
report to the Minister, when and in the way required by the Minister, on the 20
efficiency, effectiveness, economy and timeliness of the authority and its 21
systems and processes, including operational processes. 22
(3) The authority must comply with a Ministerial request under this 23
section. 24
(4) In the authority's annual report for a financial year, the authority 25
must include copies of all Ministerial requests made under this section in 26
the financial year. 27
54 Change in requirements for certification 28
In effecting a change in the requirements for the issue of a type of 29
certificate of achievement, the authority must ensure a person who is 30
s 55 31 s 56
Education (Queensland Studies Authority) Bill 2001
subject to the requirements that are to be changed is not disadvantaged by 1
the change. 2
55 Delegation by authority 3
(1) The authority may delegate its powers under this Act to-- 4
(a) a member; or 5
(b) an authority committee; or 6
(c) the director; or 7
(d) an appropriately qualified member of the office's staff. 8
(2) However, the authority may not delegate its power under this Act-- 9
(a) to approve a 112 syllabus or preschool guideline; or 10
(b) to accredit a 112 syllabus or preschool guideline. 11
56 Time within which authority to do something under this Act 12
(1) This section applies if-- 13
(a) the authority is to do something under this Act after the 14
happening of an event; and 15
(b) the Act does not state a time within which the authority must do 16
the thing. 17
(2) The authority must do the thing as soon as practicable after the event 18
happens. 19
s 57 32 s 60
Education (Queensland Studies Authority) Bill 2001
PART 5--OFFICE OF THE QUEENSLAND STUDIES 1
AUTHORITY 2
Division 1--Establishment 3
57 Establishment of office 4
(1) The Office of the Queensland Studies Authority is established. 5
(2) The office consists of the director and the staff of the office. 6
Division 2--Office's function and powers 7
58 Function and powers 8
(1) The office's function is to help the authority in the performance of its 9
functions. 10
(2) The office may do anything necessary or convenient to be done in 11
performing its function. 12
Division 3--The director 13
59 Appointment of director 14
(1) There is to be a director of the office. 15
(2) The director is to be appointed by the Governor in Council. 16
(3) The director is appointed for the term stated in the instrument of 17
appointment, and is eligible for reappointment. 18
(4) The stated term must not be longer than 5 years. 19
(5) The Public Service Act 1996 does not apply to the appointment of the 20
director. 21
60 Terms of appointment 22
(1) The director is to be paid the remuneration and allowances decided 23
by the Governor in Council. 24
s 61 33 s 65
Education (Queensland Studies Authority) Bill 2001
(2) The director holds office on terms, not provided for by this Act, 1
decided by the Governor in Council. 2
61 Function of director 3
(1) Subject to direction by the authority, the director is to control the 4
office and is responsible for its efficient and effective administration and 5
operation. 6
(2) Subsection (1) does not prevent the attachment of the office to the 7
department for the purpose of ensuring the office is supplied with the 8
administrative support services that it requires to carry out its functions 9
effectively and efficiently. 10
62 Director must act independently etc. 11
In performing the director's functions and exercising the director's 12
powers, the director-- 13
(a) must act independently, impartially, fairly and in the public 14
interest; and 15
(b) is not under the control or direction of the Minister. 16
63 Delegation by director 17
The director may delegate the director's powers under this Act to an 18
appropriately qualified member of the office's staff. 19
64 Resignation 20
The director may resign by signed notice given to the Minister. 21
65 Ending of appointment 22
The Governor in Council may end the appointment of the director if the 23
director-- 24
(a) is convicted of an indictable offence; or 25
(b) is guilty of misconduct that could warrant dismissal from the 26
public service if the director were a public service officer; or 27
(c) is guilty of neglect of duty or incompetence; or 28
s 66 34 s 68
Education (Queensland Studies Authority) Bill 2001
(d) becomes incapable of satisfactorily performing the director's 1
functions. 2
66 Preservation of rights 3
(1) This section applies if a public service officer is appointed as the 4
director. 5
(2) The person retains and is entitled to all rights that have accrued to the 6
person because of employment as a public service officer, or that would 7
accrue in the future to the person because of that employment, as if service 8
as the director were a continuation of service as a public service officer. 9
(3) At the end of the person's term of appointment or on resignation-- 10
(a) the person is entitled to be employed as a public service officer-- 11
(i) at the classification level at which the person would have 12
been employed if the person had continued in employment 13
as a public service officer; and 14
(ii) on the remuneration to which the person would have been 15
entitled if the person had continued in employment as a 16
public service officer; and 17
(b) the person's service as the director is taken to be service of a like 18
nature in the public service for deciding the person's rights as a 19
public service officer. 20
67 Superannuation for director who was previously a public service 21
officer 22
(1) This section applies if a public service officer is appointed as the 23
director and immediately before the appointment the public service officer 24
was a member of the State Public Sector Superannuation Scheme under the 25
Superannuation (State Public Sector) Act 1990. 26
(2) The person continues to be eligible to be, and to be, a member of the 27
scheme. 28
68 Acting director 29
The Minister may appoint a person to act as the director-- 30
(a) during a vacancy in that office; or 31
s 69 35 s 72
Education (Queensland Studies Authority) Bill 2001
(b) during any period, or during all periods, when the director is 1
absent from duty or can not, for another reason, perform the 2
functions of that office. 3
Division 4--Staff of the office 4
69 Office staff 5
The staff of the office are to be employed under the Public Service Act 6
1996. 7
PART 6--MISCELLANEOUS 8
70 Protecting persons from liability 9
(1) The following persons are not civilly liable for an act done, or 10
omission made, honestly and without negligence under this Act-- 11
(a) the Minister; 12
(b) a member; 13
(c) a member of a committee of the authority, established under 14
section 47(1), who is not a member of the authority. 15
(2) If subsection (1) prevents a civil liability attaching to a person, the 16
liability attaches instead to the State. 17
71 Approval of forms 18
The authority may approve forms for use under this Act. 19
72 Delegation by Minister 20
(1) The Minister may delegate the Minister's powers under this Act to an 21
appropriately qualified person. 22
s 73 36 s 76
Education (Queensland Studies Authority) Bill 2001
(2) However, the Minister may not delegate the Minister's power under 1
section 22(1), 23(1), 24(1) or 53(2).11 2
73 Administrative support for authority 3
(1) The authority may make arrangements for administrative support 4
services for the authority. 5
(2) If the authority makes arrangements with the chief executive to 6
provide 1 or more services for the authority, the arrangement must include 7
a provision about the authority paying the department a reasonable amount 8
for the service. 9
74 Authority's annual report 10
In the authority's annual report for a financial year, the authority must 11
include details of any powers delegated by the Training Recognition 12
Council to the authority, in the financial year, under the Training and 13
Employment Act 2000, section 186.12 14
75 Privacy 15
In performing a function to give information to an entity, the authority 16
must be satisfied there are arrangements in place sufficient to ensure the 17
privacy of individuals is protected. 18
76 Powers of Minister administering vocational education and 19
training department 20
(1) The purpose of this section is to confer on the Minister administering 21
the vocational education and training department powers in relation to the 22
authority's functions mentioned in section 14. 23
(2) Sections 22 and 24 apply as if-- 24
11 Section 22 (Minister may refer matter to authority), 23 (Minister's power to give
directions in the public interest), 24 (Power to require production of document) or
53 (Performance of authority)
12 Training and Employment Act 2000, section 186 (Delegation by council)
s 77 37 s 78
Education (Queensland Studies Authority) Bill 2001
(a) the reference to the Minister were a reference to the Minister 1
administering the vocational education and training department; 2
and 3
(b) the reference to the authority's functions were a reference to the 4
authority's functions mentioned in section 14. 5
(3) For a direction mentioned in section 23(1) about the authority's 6
functions mentioned in section 14-- 7
(a) the direction must be given jointly by the Minister and the 8
Minister administering the vocational education and training 9
department; and 10
(b) the Minister and the Minister administering the vocational 11
education and training department must be jointly satisfied it is 12
necessary to give the direction in the public interest. 13
77 Review of Act 14
(1) The Minister must, before the third anniversary of the date of assent 15
of this Act, start a review of this Act to ensure it is adequately meeting 16
community expectations and its provisions remain appropriate. 17
(2) The Minister must, as soon as practicable after the review is finished, 18
cause a report of the outcome of the review to be laid before the Legislative 19
Assembly. 20
78 Guidelines 21
(1) The authority may make guidelines as provided under a regulation. 22
(2) If a guideline is inconsistent with this Act or the regulation, the 23
guideline is invalid to the extent of the inconsistency. 24
(3) A guideline-- 25
(a) must be notified in the way required by the regulation; and 26
(b) takes effect on the day of its notification or, if a later day or time 27
is fixed in the guideline, on the day or at the time fixed. 28
(4) On the day a guideline is notified under subsection (3)(a) or as soon 29
as practicable after that day, copies of the guideline must be available to be 30
obtained, by purchase or otherwise, at the place or at each of the places 31
stated in the notice. 32
s 79 38 s 79
Education (Queensland Studies Authority) Bill 2001
(5) Failure to comply with subsection (4) does not affect the validity of 1
the notification under subsection (3)(a). 2
79 Regulation-making power 3
(1) The Governor in Council may make regulations under this Act. 4
(2) A regulation may be made about the following-- 5
(a) the accreditation by the authority of 112 syllabuses or preschool 6
guidelines, for implementation at schools; 7
(b) the approval by the authority of work programs for an area of 8
learning, for which the results may be recorded on a type of 9
certificate of achievement mentioned in section 13(2);13 10
(c) the recognition of a person's results, in a non-authority area of 11
learning, that may be recorded on a certificate of achievement; 12
(d) the issuing of certificates of achievement; 13
(e) the testing of persons; 14
(f) deciding the equivalence, in the State, of a level of school 15
education reached, or a school qualification obtained, by a person 16
at an educational institution established outside the State; 17
(g) the assessment of persons; 18
(h) tertiary entrance procedures and requirements, and the issuing of 19
tertiary entrance statements; 20
(i) the review of decisions, under this Act, of the authority or an 21
authority committee; 22
(j) the review by the authority of information contained in a tertiary 23
entrance statement issued to a person under this Act; 24
(k) the verification of information contained in a certificate of 25
achievement issued to a person; 26
(l) fees, including the refunding of fees, for this Act. 27
13 Section 13 (Certification functions)
s 80 39 s 82
Education (Queensland Studies Authority) Bill 2001
PART 7--REPEAL AND TRANSITIONAL PROVISIONS 1
Division 1--Repeal of Acts 2
80 Repeal 3
The following Acts are repealed-- 4
· Education (School Curriculum P-10) Act 1996 (1996 Act No. 65) 5
· Education (Senior Secondary School Studies) Act 1988 (1988 6
Act No. 95) 7
· Education (Tertiary Entrance Procedures Authority) Act 1990 8
(1990 Act No. 92). 9
Division 2--Transitional provisions 10
81 Definitions for div 2 11
In this division-- 12
"commencement" means commencement of this section. 13
"former body" means-- 14
(a) the Queensland School Curriculum Council (P-10) under the 15
Education (School Curriculum P-10) Act 1996; or 16
(b) the Board of Senior Secondary School Studies under the 17
Education (Senior Secondary School Studies) Act 1988; or 18
(c) the Tertiary Entrance Procedures Authority under the Education 19
(Tertiary Entrance Procedures Authority) Act 1990. 20
"repealed Act" means any of the following Acts-- 21
· Education (School Curriculum P-10) Act 1996 22
· Education (Senior Secondary School Studies) Act 1988 23
· Education (Tertiary Entrance Procedures Authority) Act 1990. 24
82 Dissolution of former bodies 25
The former bodies are dissolved and their members go out of office. 26
s 83 40 s 87
Education (Queensland Studies Authority) Bill 2001
83 References to repealed Act or former body 1
(1) In an Act or document, a reference to a repealed Act may, if the 2
context permits, be taken as a reference to this Act. 3
(2) A reference in an Act or document to a former body may, if the 4
context permits, be taken as a reference to the authority. 5
84 Authority is the legal successor 6
(1) The authority is the successor in law of each former body. 7
(2) Sections 85 and 86 do not limit subsection (1). 8
85 Agreements and proceedings 9
(1) An agreement or arrangement, in force immediately before the 10
commencement, between a former body and another entity is taken to be an 11
agreement or arrangement between the authority and the entity. 12
(2) A proceeding that could have been started or continued by or against 13
a former body before the commencement may be started or continued by or 14
against the authority. 15
86 Assets and liabilities 16
On the commencement, an asset or liability of a former body 17
immediately before the commencement becomes an asset or liability of the 18
authority. 19
87 Preschool guidelines and syllabuses 20
(1) A preschool guideline that immediately before the commencement is 21
an approved syllabus under the Education (School Curriculum P-10) Act 22
1996 for the preschool year of schooling is taken to be an approved 23
preschool guideline for the preschool year of schooling. 24
(2) A syllabus that immediately before the commencement is an 25
approved syllabus under the Education (School Curriculum P-10) Act 1996 26
for a subject is taken to be an approved syllabus for the subject. 27
(3) A syllabus developed and approved by the Board of Senior 28
Secondary School Studies under the Education (Senior Secondary School 29
Studies) Act 1988 for a subject, the approval of which is current 30
s 88 41 s 89
Education (Queensland Studies Authority) Bill 2001
immediately before the commencement, is taken to be an approved 1
syllabus for the subject. 2
(4) A study area specification approved by the Board of Senior 3
Secondary School Studies under the Education (Senior Secondary School 4
Studies) Act 1988 for a subject, the approval of which is current 5
immediately before the commencement, is taken to be an approved 6
syllabus for the subject. 7
(5) A syllabus developed by an entity other than the Board of Senior 8
Secondary School Studies under the Education (Senior Secondary School 9
Studies) Act 1988 and approved by the Board under that Act for a subject, 10
the approval of which is current immediately before the commencement, is 11
taken to be an accredited syllabus for the subject. 12
(6) A syllabus developed and approved by the Board of Senior 13
Secondary School Studies under the Education (Senior Secondary School 14
Studies) Act 1988 for a vocational education program for students in years 15
11 and 12 years of schooling, the approval of which is current immediately 16
before the commencement, is taken to be an approved syllabus for the 17
program. 18
88 Work program 19
A work program approved by the Board of Senior Secondary School 20
Studies under the Education (Senior Secondary School Studies) Act 1988 21
for a subject, the approval of which is current immediately before the 22
commencement, is taken to be a work program approved under this Act for 23
the corresponding area of learning. 24
89 Possible issue of certificate of achievement not to be jeopardised 25
(1) This section applies to a person who, immediately before the 26
commencement, was undertaking the study of an area of learning that may 27
have led to the issue of a certificate of achievement to the person under a 28
repealed Act. 29
(2) The person must not be disadvantaged because of the transition from 30
the repealed Act to this Act. 31
s 90 42 s 90
Education (Queensland Studies Authority) Bill 2001
PART 8--AMENDMENTS OF ACTS 1
90 Consequential and other amendments of Acts 2
Schedule 1 amends the Acts mentioned in it. 3
43
Education (Queensland Studies Authority) Bill 2001
SCHEDULE 1 1
CONSEQUENTIAL AND OTHER AMENDMENTS OF 2
ACTS 3
section 90 4
EDUCATION (GENERAL PROVISIONS) ACT 1989 5
1 Section 19-- 6
omit, insert-- 7
`19 Curriculum framework for State educational institutions 8
`(1) The Minister may decide on a curriculum framework that is to apply 9
to each educational institution established under section 16, 17 or 18(1)(c). 10
`(2) In this section-- 11
"curriculum framework" means the framework under which the 12
principal of the institution may decide the range of learning 13
experiences to be offered to students enrolled at the institution. 14
`19A Development and revision of 112 syllabuses and preschool 15
guidelines 16
`(1) The Minister may develop and revise 112 syllabuses and preschool 17
guidelines. 18
`(2) In this section-- 19
"112 syllabuses" means syllabuses for areas of learning in 1 or more of 20
the years 1 to 12 years of schooling. 21
"preschool guidelines" means guidelines for the preschool year of 22
schooling. 23
44
Education (Queensland Studies Authority) Bill 2001
SCHEDULE 1 (continued)
`19B Implementation of syllabus or preschool guideline at a State 1
educational institution 2
`(1) In providing education in an area of learning, a relevant State 3
educational institution may only implement an approved syllabus or 4
accredited syllabus for the area of learning. 5
`(2) The Minister may direct the principal of a relevant State educational 6
institution to ensure that the institution provides education in a stated area 7
of learning. 8
`(3) The Minister may direct the principal of a relevant State educational 9
institution that, in providing education in an area of learning, the institution 10
must implement a stated approved syllabus or accredited syllabus for the 11
area of learning. 12
`(4) The Minister may direct the principal of a relevant State educational 13
institution that, in providing education in the preschool year of schooling, 14
the institution must implement a stated approved preschool guideline or 15
accredited preschool guideline. 16
`(5) In this section-- 17
"accredited preschool guideline" means a preschool guideline accredited, 18
by the authority under the Education (Queensland Studies Authority) 19
Act 2001, for the preschool year of schooling. 20
"accredited syllabus", for an area of learning, means a 112 syllabus, 21
accredited by the authority under the Education (Queensland Studies 22
Authority) Act 2001, for the area of learning. 23
"approved preschool guideline" means a preschool guideline approved, 24
by the authority under the Education (Queensland Studies Authority) 25
Act 2001, for the preschool year of schooling. 26
"approved syllabus", for an area of learning, means a 112 syllabus 27
developed or revised, and approved, by the authority under the 28
Education (Queensland Studies Authority) Act 2001 for the area of 29
learning. 30
"area of learning" includes-- 31
(a) a subject; and 32
(b) a vocational education program. 33
45
Education (Queensland Studies Authority) Bill 2001
SCHEDULE 1 (continued)
"relevant State educational institution" means an educational institution 1
established under section 16, 17 or 18(1)(c). 2
`19C Direction by Minister about tests 3
`(1) The Minister may direct the principal of an educational institution 4
established under section 16, 17 or 18(1)(c), providing education to 5
students in the year of schooling to which an approved test relates, to 6
administer the test at the institution. 7
`(2) In this section-- 8
"approved test" means a test, relating to a year of schooling, developed or 9
revised by the authority under the Education (Queensland Studies 10
Authority) Act 2001.'. 11
PUBLIC SERVICE ACT 1996 12
2 Schedule 1-- 13
insert-- 14
`9A Office of the Queensland Studies Director'.
Authority
46
Education (Queensland Studies Authority) Bill 2001
SCHEDULE 2 1
DICTIONARY 2
section 5 3
"112 syllabus" means a syllabus for an area of learning in 1 or more of 4
the years 1 to 12 years of schooling. 5
"accredited preschool guideline" means a preschool guideline accredited, 6
by the authority under this Act, for the preschool year of schooling. 7
"accredited syllabus", for an area of learning, means a 1-12 syllabus 8
accredited, by the authority under this Act, for the area of learning. 9
"affected by bankruptcy action", in relation to a person, means the 10
person-- 11
(a) is bankrupt; or 12
(b) has compounded with creditors; or 13
(c) as a debtor, has otherwise taken, or applied to take, advantage of 14
any law about bankruptcy. 15
"AISQ" means The Association of Independent Schools of Queensland 16
Inc. 17
"annual report", of the authority, means the authority's annual report 18
under the Financial Administration and Audit Act 1977. 19
"appointed member" means a person appointed as a member under 20
section 25(2). 21
"appropriately qualified", in relation to a power, means having the 22
qualifications, experience or standing appropriate to exercise the 23
power. 24
"approved preschool guideline" means a preschool guideline developed 25
or revised, and approved, by the authority under this Act for the 26
preschool year of schooling. 27
"approved syllabus", for an area of learning, means a 112 syllabus 28
developed or revised, and approved, by the authority under this Act for 29
the area of learning. 30
47
Education (Queensland Studies Authority) Bill 2001
SCHEDULE 2 (continued)
"area of learning" includes-- 1
(a) a subject; and 2
(b) a vocational education program. 3
"assessment data" means the results of school-based assessment of 4
persons' achievement in an area of learning. 5
"Australian Qualifications Framework" means the national framework 6
of educational qualifications-- 7
(a) approved by the Ministerial Council for Education, Employment, 8
Training and Youth Affairs; and 9
(b) stated in the implementation handbook for that framework 10
published by the Australian Qualifications Framework Advisory 11
Board, as in force from time to time.14 12
"Australian Qualifications Framework Advisory Board" means the 13
board by that name established by the Ministerial Council for 14
Education, Employment, Training and Youth Affairs. 15
"authority" means the Queensland Studies Authority. 16
"authority committee" means-- 17
(a) the executive committee; or 18
(b) a committee of the authority established under section 47(1). 19
"certificate of achievement" means a certificate, issuable under this Act, 20
recording details of a person's achievement in the study of an area of 21
learning. 22
"chairperson" means the chairperson of the authority appointed under 23
section 28(1). 24
"convicted" means found guilty, or having a plea of guilty accepted by a 25
court, whether or not a conviction is recorded. 26
"deputy chairperson" means the deputy chairperson of the authority 27
appointed under section 29(1). 28
"director" means the director of the office appointed under section 59. 29
14 The implementation handbook may be inspected during business hours at the office
from which the Office of the Queensland Studies Authority operates or viewed at the
website at http://www.curriculum.edu.au/aqfab.htm
48
Education (Queensland Studies Authority) Bill 2001
SCHEDULE 2 (continued)
"executive committee" means the committee established under section 45. 1
"guardian", of a student, means a person who is recognised in law as 2
having all the duties, powers, responsibilities and authority that, by 3
law, parents have in relation to their children.15 4
"Higher Education Forum" means the entity by that name whose 5
membership includes the following-- 6
(a) the vice-chancellors of universities established in the State; 7
(b) the chief executive; 8
(c) a nominee of the Minister administering the vocational education 9
and training department. 10
"member" means-- 11
(a) an official member; or 12
(b) an appointed member. 13
"moderation" means the process under which assessment data is 14
moderated to ensure comparability, across the State, of the assessing 15
teachers' judgments in deciding results. 16
"non-authority area of learning" means an area of learning-- 17
(a) in which a person's results are not subject to the authority's 18
procedures for moderation; and 19
(b) for which the authority does not, under this Act, approve work 20
programs. 21
"non-State school" means a school that is provisionally accredited, or 22
accredited, under the Education (Accreditation of Non-State Schools) 23
Act 2001. 24
"notice" means written notice. 25
"office" means the Office of the Queensland Studies Authority. 26
"official member" means a member mentioned in section 25(1)(a) or (b). 27
"parent", of a student, includes-- 28
15 See the Family Law Act 1975 (Cwlth), part 7 (Children), division 2 (Parental
responsibility).
49
Education (Queensland Studies Authority) Bill 2001
SCHEDULE 2 (continued)
(a) in relation to a student who is an Aboriginal child--a person 1
who, under Aboriginal tradition, is regarded as a parent of the 2
child; and 3
(b) in relation to a student who is a Torres Strait Islander child--a 4
person who, under Island custom, is regarded as a parent of the 5
child. 6
"preschool education" see Education (General Provisions) Act 1989, 7
section 2(1).16 8
"preschool guideline" means a guideline for the preschool year of 9
schooling. 10
"primary education" see Education (General Provisions) Act 1989, 11
section 2(1).17 12
"primary school" means a school, other than a special school, offering 13
education in years 1 to 7 years of schooling. 14
"principal", of a school, means the individual in charge of the school. 15
"QCEC" means the Queensland Catholic Education Commission. 16
"school" means-- 17
(a) an educational institution established under the Education 18
(General Provisions) Act 1989, section 16, 17 or 18(1)(c);18 or 19
(b) a non-State school. 20
16 Education (General Provisions) Act 1989, section 2(1) provides--
"preschool education" means educational programs appropriate to the needs of
children below the age of compulsory attendance and before enrolment in
year 1.
17 Education (General Provisions) Act 1989, section 2(1) provides--
"primary education" means education offered in years numbered 1 to 7, both
inclusive.
18 Education (General Provisions) Act 1989, section 16 (Power to establish State
schools), 17 (Power to establish other ways of educational instruction) or
18 (Establishment of certain centres, student hostels, student residential colleges and
other State educational institutions)
50
Education (Queensland Studies Authority) Bill 2001
SCHEDULE 2 (continued)
"secondary education" see Education (General Provisions) Act 1989, 1
section 2(1).19 2
"secondary school" means a school, other than a special school, offering 3
education in years 8 to 12 years of schooling. 4
"sectors of education" means preschool education, primary education, 5
secondary education, special education and tertiary education. 6
"special education" see Education (General Provisions) Act 1989, 7
section 3(2).20 8
"special school" means a school providing special education. 9
"State school" see Education (General Provisions) Act 1989, 10
section 2(1).21 11
"students" means persons studying an area of learning within a sector of 12
education. 13
"syllabus" includes standards of learning, and standards of assessment, for 14
an area of learning. 15
"teacher" means a person who-- 16
(a) is registered as a teacher under the Education (Teacher 17
Registration) Act 1988; and 18
(b) is a member of the educational staff of a school. 19
"tertiary entrance" means the entrance by persons to tertiary education in 20
Queensland. 21
19 Education (General Provisions) Act 1989, section 2(1) provides--
"secondary education" means education offered in years numbered 8 to 12, both
inclusive.
20 Education (General Provisions) Act 1989, section 3(2) provides--
"Special education" is the educational programs and services appropriate to the
needs of persons with a disability.
21 Education (General Provisions) Act 1989, section 2(1) provides--
"State school" means a school at which primary, secondary or special education is
provided by the State.
51
Education (Queensland Studies Authority) Bill 2001
SCHEDULE 2 (continued)
"vocational education and training department" means the department 1
in which the Training and Employment Act 2000 is administered. 2
© State of Queensland 2001
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