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EDUCATION AMENDMENT (PUBLICATION OF SCHOOL RESULTS) BILL 52 OF 2009

                             TASMANIA




 EDUCATION AMENDMENT (PUBLICATION
    OF SCHOOL RESULTS) BILL 2009



                             CONTENTS



   1. Short Title
   2. Commencement
   3. Principal Act
   4. Act to Bind Crown
   5. Amendment to Principal Act - Interpretation
   6. New Section 33A inserted




[Bill No. 52]



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(blank for printing purposes)




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EDUCATION AMENDMENT (PUBLICATION OF SCHOOL
                RESULTS) BILL 2009
       (Brought in by Nicholas James McKim MP)

                             A BILL FOR
An Act to prohibit the publication of Tasmania's school results in a way
that ranks or otherwise compares the results of particular schools.

Be it enacted by His Excellency the Governor of Tasmania, by and with the
advice and consent of the Legislative Council and House of Assembly, in
Parliament assembled, as follows:


1.       Short Title

                    This Act may be cited as the Education Amendment
                    (Publication of School Results) Act 2009.

2.       Commencement

                    This Act commences on the day on which it receives the Royal
                    Assent.

3.       Principal Act

                    In this Act, the Education Act 1994 is referred to as the
                    Principal Act. 

4.       Act to bind Crown

                    This Act binds the Crown in right of Tasmania and, so far as the
                    legislative power of Parliament permits, in all its other
                    capacities.





   No. 86 of 1994


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5.   Amendment to Principal Act - Interpretation
          Section 3 of the Principal Act is amended by:

            (1) inserting the following definition after the definition of
            "relevant record"-

            "relevant national agreement" means an agreement between
            the State and the Commonwealth that gives effect to a national
            protocol or arrangement for the provision and publication of
            school results.

            (2) inserting the following definition after the definition of
            "school association" -

            "school results" means the following results (whether they are
            the results of individuals or of schools or any other results):
             (a) results of national basic skills testing (including testing
                under section 18),
             (b) results of school examinations and related assessments,
             (c) results of annual or other periodic assessments of the
                academic performance of students contained in reports to
                parents on student achievement.
            The regulations may determine whether particular results are or
            are not results referred to in paragraphs (a)­(c).


6.   New Section 33A inserted (Publication of School Results)
           Insert new Section 33A below:
            Publication of School Results
            33A (1) School results may, in accordance with a relevant
            national agreement, be provided by the State to the
            Commonwealth or to an authority established by the
            Commonwealth.




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(2) School results must not be publicly revealed in a way that
ranks or otherwise compares the results of particular schools,
except as authorised by or under a relevant national agreement.
(3) A person must not, in a newspaper or other document that
is publicly available in this State:

 (a) publish any ranking or other comparison of particular
 schools according to school results, except with the permission
 of the principals of the schools involved, or

 (b) identify a school as being in a percentile of less than 90
 per cent in relation to school results, except with the
 permission of the principal of the school.

Maximum penalty: 50 penalty units in the case of an individual
and 500 penalty units in any other case.
(4) Nothing in subsection (3) prohibits:

 (a) anything authorised to be done by or under a relevant
 national agreement, or

 (b) the publication of the ranking of the schools in the top 10
 per cent in relation to the results of school examinations and
 related assessments so long as the information used to
 determine that ranking is information as to the results of
 students that may be publicly revealed under subsection (5)(c).
(5) School results must not be publicly revealed if the results of
an identified student are revealed, except as follows:

 (a) to the student or to the student's parents, or to anyone with
 the student's or parent's consent,

 (b) to the principal of a school (including a school in another
 State or Territory) at which the student is enrolling, is enrolled
 or was previously enrolled,
 (c) in the case of results of school examinations and related
 assessments--by or with the approval of the governing body,


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 by way of the publication of the results of students who the
 governing body considers have achieved outstanding results.
(6) The functions of the State under this section may be
exercised by the Secretary or, if authorised by a relevant
national agreement, by a State educational authority that
arranges the testing, examinations or assessments concerned.
(7) This section has effect despite any other Act or law or the
decision of any tribunal.




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