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TASMANIA
__________
YOUTH PARTICIPATION IN EDUCATION AND
TRAINING (GUARANTEEING FUTURES) BILL
2005
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Objects of Act
4. Guiding principle
5. Interpretation
6. Act binds Crown
PART 2 REQUIRED PARTICIPATION IN EDUCATION AND
TRAINING
Division 1 Preliminary
7. Eligible options
8. Required participation phase
Division 2 Participation in eligible options
9. Young persons to participate full-time in eligible options
10. What is participation
11. Full-time participation
12. Allowed absence
13. Suspension or exclusion
[Bill 4]-X
Division 3 Parents' obligation
14. Obligation to ensure participation
15. Exceptions to obligation
16. Information notice and meeting
PART 3 EMPLOYMENT EXEMPTION
17. Employment exemption
PART 4 DISPENSATIONS
Division 1 Application for, and grant of, dispensation
18. Application for dispensation
19. Temporary dispensation until application is decided
20. Grant of dispensation
21. Contents of dispensation
22. Notice about decision and right to seek review
23. Notice about decision to Qualifications Authority
Division 2 Review of decision on application for dispensation
24. Interpretation
25. Application for review
26. Review decision
27. Notice of review, &c., to Qualifications Authority
PART 5 PARTICIPATION RECORDS
Division 1 Preliminary
28. Explanation
Division 2 Opening participation records
29. Opening participation record
Division 3 Participation record phase
30. The participation record phase
31. Obligation to open an account
Division 4 Use and disclosure of information
32. Use and disclosure of information by Qualifications Authority
33. Disclosure by Secretary to appropriate person
2
Division 5 Miscellaneous
34. Overseas students
PART 6 LEGAL PROCEEDINGS
Division 1 Evidence
35. Application of Division 1
36. Appointments and authority
37. Signatures
38. Other evidentiary aids
Division 2 Offence proceedings
39. Summary proceedings for offences
40. Statement of complainant's knowledge
41. Evidence of Secretary's authorisation to take proceedings
PART 7 MISCELLANEOUS
Division 1 Involvement of certain registered school entities
42. Interpretation
43. Consultation about planning
44. Aggregated information
Division 2 Other matters
45. Confidentiality
46. Delegation by Secretary
47. Authorised officers
48. Guidelines
49. Approved forms
50. Transitional provision
51. Regulations
52. Administration of Act
3
4
YOUTH PARTICIPATION IN EDUCATION AND
TRAINING (GUARANTEEING FUTURES) BILL
2005
(Brought in by the Minister for Education, the Honourable
Paula Catherine Wriedt)
A BILL FOR
An Act to provide for the continuing participation of young
persons in education and training after they attain the age
of 16 years and for related purposes
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:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Youth Participation
in Education and Training (Guaranteeing
Futures) Act 2005.
2. Commencement
(1) Parts 1, 4, 5, 6 and 7 commence on
1 January 2007.
(2) Parts 2 and 3 commence on 1 January 2008.
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3. Objects of Act
The objects of this Act are to
(a) implement initiatives to ensure that, in
most circumstances, young people
participate at a full-time level in a period
of education or training, through
participation in eligible options, after
they attain the age of 16 years; and
(b) encourage those people to so participate
in eligible options for a minimum period
of 2 years.
4. Guiding principle
This Act is to be administered in a way that has
regard to the principle that the State should
develop practical ways to improve the social,
educational and employment outcomes for
young people including, in particular, those who
are at risk of disengaging from education and
training.
5. Interpretation
In this Act, unless the contrary intention
appears
"aggregated information" means
information contained in participation
records that could not reasonably be
expected to result in the identification of
any of the persons to whom it relates;
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"approved form" means a form approved by
the Secretary;
"attending", in relation to a provider, means
complying with the provider's attendance
requirements in the relevant way stated in
section 10(2) or (3);
"Australian Qualifications Framework"
means the policy of that name, defining
all qualifications recognised nationally in
post-compulsory education and training
within Australia, endorsed by the
Ministerial Council on Education,
Employment, Training and Youth Affairs
so as to commence on 12 January 1995,
as amended from time to time;
"authorised officer" means the Secretary or a
State Service employee or State Service
officer authorised to be an authorised
officer under section 47;
"certificate III" means a qualification by that
name issued under the Australian
Qualifications Framework;
"compulsory school age" means any age
between 5 years and 15 years (inclusive);
"dispensation" means a dispensation granted
under section 20 that fully or partially
excuses a young person from
participation in an eligible option;
"distance education" means education
provided where students and teachers are
not regularly in the presence of each
other for that purpose but communicate
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with each other in writing, by print or by
electronic means or other like means;
"eligible option" has the meaning given by
section 7;
"external program" means
(a) an educational instruction, other
than in a school or by home
education or distance education,
determined under section 38(3) of
the Education Act 1994; or
(b) another program or course for
which the provider's
requirements do not include
physically attending, at particular
times, at the provider's premises
or another place;
"full-time", in relation to participation in one
or more eligible options, means
participation at a level that is full-time
under section 11;
"guardian" means a person who is
recognised in law as having all the duties,
powers, responsibilities and authority
that, by law, parents have in relation to
their children;
"higher education course" means a course of
study that entitles a person who satisfies
the course requirements to the conferral
or issue of a higher education award;
"higher education award" means
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(a) an award of a diploma or
advanced diploma; or
(b) an award of a graduate diploma
or graduate certificate; or
(c) an award of an associate degree,
bachelor degree, masters degree
or doctoral degree; or
(d) any other award specified in the
Australian Qualifications
Framework as a higher education
award; or
(e) a prescribed award
but does not include a qualification that
is awarded or issued in respect of
vocational education and training within
the meaning of the Vocational Education
and Training Act 1994;
"human services" includes education, family
support, health and housing;
"information" includes a document;
"notice" means written notice;
"parent" includes a guardian;
"participating", in an eligible option, has the
meaning given by section 10;
"participation record" means a participation
record opened under Division 2 of Part 5;
"participation record phase" has the
meaning given by section 30;
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"planning activity" means
(a) monitoring the operation and
effectiveness of this Act; or
(b) carrying out planning relating to
the matters dealt with under this
Act; or
(c) developing strategies to better
achieve the objects of this Act;
"principal", of a registered school with no
position by that name, means the person
responsible for the school's day-to-day
management;
"provider" means a person who provides an
eligible option, including a home
educator;
"Qualifications Authority" means the
Tasmanian Qualifications Authority
established under the Tasmanian
Qualifications Authority Act 2003;
"re-engagement activity" means
(a) identifying young persons in the
required participation phase who
are not participating full-time in
an eligible option; or
(b) giving such young persons
information about the options
available to them; or
(c) encouraging such young persons
to participate in a way that
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achieves the best learning
outcomes for them; or
(d) encouraging and helping the
parents of such young persons to
play a role in the activities
referred to in paragraphs (a), (b)
and (c);
"registered school" has the same meaning as
in the Education Act 1994;
"registered teacher" has the same meaning
as in the Teachers Registration Act 2000;
"required participation phase" has the
meaning given by section 8;
"Secretary" means the Secretary of the
Department;
"Secretary (families)" means the Secretary of
the Department responsible for the
administration of the Children, Young
Persons and Their Families Act 1997;
"State school" means a State school within
the meaning of the Education Act 1994;
"unpaid employment" includes voluntary,
charity or community work that is not
paid;
"young person" means a person who
(a) has not yet attained the age of 16
years; or
(b) is in the required participation
phase.
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6. Act binds Crown
(1) This Act binds the Crown in right of Tasmania
and, so far as the legislative power of Parliament
permits, in all its other capacities.
(2) Nothing in this Act renders the Crown liable to
be prosecuted for an offence against this Act.
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PART 2 REQUIRED PARTICIPATION IN
EDUCATION AND TRAINING
Division 1 Preliminary
7. Eligible options
The following courses are eligible options:
(a) accredited senior secondary courses,
within the meaning of the Tasmanian
Qualifications Authority Act 2003;
(b) courses provided in secondary schooling
or by home education;
(c) higher education courses, whether the
courses are provided by providers
situated in Tasmania or elsewhere;
(d) accredited training courses, within the
meaning of the Vocational Education
and Training Act 1994;
(e) traineeships under training agreements,
within the meaning of the Vocational
Education and Training Act 1994;
(f) prescribed courses.
8. Required participation phase
A person's required participation phase
(a) starts when the person attains the age of
16 years; and
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(b) ends when the first of the following
occurs:
(i) the person has participated in
eligible options for one year after
attaining the age of 16 years;
(ii) the person gains a certificate III;
(iii) the person attains the age of 17
years.
Division 2 Participation in eligible options
9. Young persons to participate full-time in eligible
options
Except as otherwise provided by this Act, a
person in the required participation phase is to
participate in one or more eligible options at a
full-time level.
10. What is participation
(1) A young person is participating in an eligible
option if the person is
(a) enrolled with, or being provided with
education or training by, the provider in
the relevant eligible option; and
(b) complying with the provider's attendance
requirements for the eligible option.
(2) The provider's attendance requirements for an
eligible option are the requirements about
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physically attending, at particular times, at the
provider's premises or another place.
(3) Despite subsection (2)
(a) the provider's attendance requirements
for a program of distance education are
to complete and return the assigned work
for the program; and
(b) the provider's attendance requirements
for an external program are its
requirements about communicating with
or contacting the provider for the purpose
of participating in the program.
11. Full-time participation
A reference to full-time participation in eligible
options
(a) is a reference to participation in an
eligible option at a level that is full-time
as determined by the guidelines issued
under section 48; and
(b) includes participation in 2 or more
eligible options to an extent that is at
least equivalent to full-time participation
as determined by those guidelines.
12. Allowed absence
A young person's participation in an eligible
option is taken to continue during an absence
allowed under the requirements of the option.
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13. Suspension or exclusion
(1) If a young person participating in an eligible
option stops attending because the person has
been suspended from attending by the provider,
the person's participation in the option is taken
to continue during the period of the suspension.
(2) If a young person participating in an eligible
option stops attending because the person has
been excluded from attending by the provider,
the person is taken to be continuing to participate
in an eligible option, at the same level as before
the exclusion, for the time reasonably required
for the person to resume participation in an
eligible option.
Division 3 Parents' obligation
14. Obligation to ensure participation
(1) Each parent of a young person in the required
participation phase must ensure the young
person is participating full-time in an eligible
option, unless the parent has a reasonable
excuse.
Penalty: Fine not exceeding
(a) for a first offence, 5 penalty
units; or
(b) for a second or subsequent
offence, 10 penalty units.
(2) Without limiting subsection (1), it is a
reasonable excuse for a parent that
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2005 Youth Participation in Education and No. s. 14
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(a) the young person primarily resides with
another parent and the first parent
believes, on reasonable grounds, that the
other parent is ensuring that the young
person participates full-time in an
eligible option; or
(b) in all the circumstances, the parent is not
reasonably able to control the young
person's behaviour to the extent
necessary to ensure that the young person
participates full-time in an eligible
option.
(3) Proceedings for an offence against subsection (1)
may be brought against a parent
(a) only by the Secretary or by a person
authorised by the Secretary; and
(b) only if the alleged offence occurred
after
(i) the parent was given a notice
under section 16(1)(a); and
(ii) at least one meeting has been
held with the parent under
section 16(1)(b) or the parent has
been given a warning notice
under section 16(2).
(4) The Secretary (families) is not liable to be
prosecuted for an offence against subsection (1)
in relation to a young person in respect of whom
he or she has been granted guardianship under
that Act.
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15. Exceptions to obligation
(1) Section 14(1) does not apply in relation to a
young person who, under section 17, is exempt
from the requirement to participate in an eligible
option.
(2) Section 14(1) does not apply to the extent
provided under a dispensation in force under
Part 4.
(3) Section 14(1) does not apply to the extent of any
inconsistency with a law of the Commonwealth
under which a young person in the required
participation phase may carry on an activity
other than participating full-time in an eligible
option.
16. Information notice and meeting
(1) If an authorised officer reasonably suspects a
young person is in the required participation
phase and is not participating full-time in an
eligible option, the officer may
(a) give a parent of the young person a
notice in the approved form about the
parent's obligation under section 14; and
(b) meet with the parent to discuss the
obligation.
(2) If, after the authorised officer has taken
reasonable steps to meet with the parent under
subsection (1)(b), no meeting is held, the officer
may give the parent a warning notice in the
approved form.
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PART 3 EMPLOYMENT EXEMPTION
17. Employment exemption
A person in the required participation phase is
exempt from the requirement to participate in an
eligible option if the person is in employment for
not less than 25 hours each week.
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PART 4 DISPENSATIONS
Division 1 Application for, and grant of, dispensation
18. Application for dispensation
(1) A young person, or a parent of a young person,
may apply to the Secretary for a dispensation.
(2) The application is to
(a) be in the approved form; and
(b) state the grounds on which the
dispensation is sought; and
(c) state the period for which the
dispensation is sought; and
(d) if the application is made by a young
person, include the signed consent of his
or her parent; and
(e) be lodged with the Qualifications
Authority.
(3) Subsection (2)(d) does not apply if the Secretary
is satisfied it would be inappropriate in all the
circumstances to require the signed consent of a
parent.
(4) The applicant is to provide any other relevant
information reasonably required by the Secretary
by notice provided to the applicant.
(5) If the applicant fails to comply with a notice
provided under subsection (4), the application
lapses.
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(6) The Secretary must decide the application as
soon as practicable.
19. Temporary dispensation until application is decided
(1) If an application for dispensation is made before
the young person starts the required participation
phase, section 14(1) does not apply to a parent of
the young person until the young person has
attained the age of 16 years and either
(a) the period of 14 days after the Secretary
gives notice of the decision on the
application to the applicant under
section 22 has ended; or
(b) the application has lapsed.
(2) If the application is made while an existing
dispensation is in force for the young person, the
existing dispensation continues to apply until
(a) 14 days after the Secretary gives notice
of the decision on the application to the
applicant under section 22; or
(b) the application lapses.
20. Grant of dispensation
(1) On receipt of an application under section 18,
the Secretary may
(a) refuse to grant a dispensation excusing
the young person from participation in an
eligible option; or
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(b) subject to subsections (2) and (3), grant a
dispensation fully or partially excusing a
young person from participation in an
eligible option for the period specified in
the application or a shorter period.
(2) The Secretary may only grant a dispensation
fully excusing a young person from participation
in an eligible option if satisfied that
(a) the young person is unable to participate
in any eligible option; or
(b) it would be unreasonable in all the
circumstances to require the young
person to participate in any eligible
option.
(3) The Secretary may only grant a dispensation
partially excusing a young person from
participation in an eligible option if satisfied
that
(a) the young person is unable to participate
in an eligible option at a full-time level;
or
(b) it would be unreasonable in all the
circumstances to require the young
person to participate in any eligible
option at a full-time level.
(4) A dispensation may be granted subject to the
conditions stated in it.
21. Contents of dispensation
A dispensation is to state
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(a) the day on which it is granted; and
(b) the young person to whom it relates; and
(c) whether it is full or partial and, if it is
partial, the extent to which the young
person is excused from participation; and
(d) whether it applies until the end of the
young person's required participation
phase or only until a stated earlier time;
and
(e) any conditions on which it is granted.
22. Notice about decision and right to seek review
(1) The Secretary is to give an applicant for a
dispensation notice of the decision on the
application.
(2) If the Secretary refuses to grant a dispensation,
grants a dispensation on conditions or for a
lesser period than that applied for or grants a
partial dispensation when the applicant applied
for a full dispensation, the notice is to state
(a) the decision; and
(b) the reasons for the decision; and
(c) that, within 28 days after receiving the
notice, the applicant may apply to the
Secretary for a review of the decision;
and
(d) how the applicant may apply for the
review.
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23. Notice about decision to Qualifications Authority
The Secretary is to give the Qualifications
Authority notice about the decision on an
application for dispensation.
Division 2 Review of decision on application for
dispensation
24. Interpretation
In this Division
"original decision" means any of the
following decisions relating to an
application for a dispensation:
(a) a refusal to grant an application;
(b) a grant of a dispensation subject
to a condition;
(c) a grant of a dispensation for a
lesser period than that applied
for;
(d) a grant of a dispensation partially
excusing the young person from
participation in an eligible option
if the application was for a
dispensation fully excusing the
young person from such
participation;
"review decision" means a decision made
under section 26(2).
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25. Application for review
(1) An applicant for a dispensation may apply to the
Secretary for a review of the original decision.
(2) The application must be made
(a) within 28 days after the notice under
section 22 is received; or
(b) any longer period allowed by the
Secretary.
(3) The application is to be in an approved form and
supported by enough information to enable the
Secretary to decide the application.
26. Review decision
(1) Unless the Secretary made the original decision
personally, the Secretary is to ensure that an
application under section 25 is not dealt with
by
(a) the person who made the original
decision; or
(b) a person in a less senior office than the
person who made the original decision.
(2) Within 28 days after receiving an application
under section 25, the Secretary is to review the
original decision and make a decision
(a) confirming the original decision; or
(b) amending the original decision; or
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(c) substituting another decision for the
original decision.
(3) The Secretary is to make the review decision on
the material that led to the original decision and
any other material the Secretary considers
relevant.
(4) As soon as practicable after making the review
decision, the Secretary is to give the applicant
notice of the decision.
(5) If the review decision is such that the result is a
refusal to grant a dispensation, the grant of a
dispensation on conditions or for a lesser period
than that applied for by the applicant for the
dispensation or the grant of a partial dispensation
when the applicant for dispensation applied for a
full dispensation, a person aggrieved by the
review decision may appeal to the Magistrates
Court (Administrative Appeals Division) for a
review of the review decision.
27. Notice of review, &c., to Qualifications Authority
The Secretary, as soon as is practicable, is to
give the Qualifications Authority notice of each
of the following:
(a) the making of an application for review
of an original decision;
(b) the review decision made on that
application;
(c) the lodging of an appeal with the
Magistrates Court (Administrative
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Appeals Division) for a review of that
review decision;
(d) the determination of the Magistrates
Court (Administrative Appeals Division)
of the appeal for a review of that review
decision.
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PART 5 PARTICIPATION RECORDS
Division 1 Preliminary
28. Explanation
(1) This Part provides for the keeping of a
participation record in respect of every young
person.
(2) A participation record is a record about the
person's participation or intended participation
in eligible options during the required
participation phase.
Division 2 Opening participation records
29. Opening participation record
(1) A participation record is to be opened for each
young person within one year before the young
person attains the age of 16 years or, where the
young person is continuing to complete a year of
secondary schooling after attaining that age,
before the person so completes that year.
(2) The following person is responsible for opening
a participation record in respect of a young
person:
(a) if the young person is enrolled with a
State school or registered school, the
principal of the school;
(b) if the young person is undertaking home
education, a parent of the young person;
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(c) in any other case, the Secretary.
(3) A participation record is opened for a young
person by giving notice to the Qualifications
Authority, in the approved form, containing the
following information about the young person:
(a) name and any previous names;
(b) address;
(c) date of birth;
(d) a participation plan for the person that
includes one or more of the following
statements:
(i) a statement specifying the
eligible options in which the
person proposes to participate
during the required participation
phase;
(ii) a statement that the person will
be participating in employment
for not less than 25 hours each
week;
(iii) a statement that the person is
applying for a dispensation and
the grounds on which the
dispensation is sought;
(e) other prescribed information.
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Division 3 Participation record phase
30. The participation record phase
A person is in the participation record phase if
(a) the person is in the required participation
phase; or
(b) the person is not yet in the required
participation phase but a participation
record has been opened for the person.
31. Obligation to open an account
(1) If the Qualifications Authority or Secretary
receives information that a person who is in the
required participation phase does not have a
participation record, the Secretary may give
directions for the opening of a participation
record for the person.
(2) A person who is required to open a participation
record in respect of another person by the
direction of the Secretary given to the person
under subsection (1) is to open a participation
record for the other person by giving to the
Qualifications Authority the approved form
containing
(a) the information specified in
section 29(3)(a), (b), (c) and (e); and
(b) a statement of any eligible options in
which the person is participating or has
participated since starting the required
participation phase.
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Division 4 Use and disclosure of information
32. Use and disclosure of information by Qualifications
Authority
(1) In this section
"employer" means a person who employs
another person who is in the required
participation phase;
"prescribed information", about a person,
means
(a) the person's name and any
previous names; and
(b) the person's address; and
(c) the person's date of birth; and
(d) details of the eligible options in
which, according to the person's
participation record, the person
intends to participate, is
participating or has participated.
(2) The Qualifications Authority may use
information contained in a participation record to
perform its functions.
(3) To enable the Qualifications Authority to ensure
the accuracy of information contained in a
participation record, the Qualifications Authority
may disclose that information to a provider,
employer or person in-charge of an activity
under a law of the Commonwealth as specified
in section 15(3).
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(4) To enable the Secretary to carry on planning
activities, the Qualifications Authority is to give
the Secretary the aggregated information that the
Secretary requests.
(5) The Qualifications Authority is to include in its
annual report under section 24 of the Tasmanian
Qualifications Authority Act 2003 the details of
each request under subsection (4) received
during the year to which the report relates.
(6) To enable the Secretary to carry on re-
engagement activities, the Qualifications
Authority is to give the Secretary any of the
prescribed information that the Secretary
requests about a person who, according to the
person's participation record
(a) is in the required participation phase; and
(b) has stopped being enrolled with a
provider; and
(c) after a period of at least 3 months, has
not re-enrolled with a provider.
33. Disclosure by Secretary to appropriate person
To help in carrying on re-engagement activities,
the Secretary may disclose the following
information about a person in the required
participation phase to a person the Secretary
considers appropriate:
(a) name and any previous names;
(b) address;
(c) date of birth;
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(d) the eligible options in which the person
intends to participate, is participating or
has participated, so far as the Secretary is
aware.
Division 5 Miscellaneous
34. Overseas students
(1) This section applies despite Divisions 2 and 3.
(2) A person is not to open a participation record for
an overseas student, or give notice to the
Qualifications Authority of the enrolment of an
overseas student, without the student's written
agreement.
(3) In subsection (2)
"overseas student" has the same meaning as
in the Education Act 1994.
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PART 6 LEGAL PROCEEDINGS
Division 1 Evidence
35. Application of Division 1
This Division applies to a proceeding under this
Act.
36. Appointments and authority
It is not necessary to prove the appointment of
the Secretary or an authorised officer, or the
authority of the Secretary or an authorised
officer to do anything under this Act unless a
party, by reasonable notice, requires proof of the
appointment or authority.
37. Signatures
A signature purporting to be the signature of the
Secretary or an authorised officer is evidence of
the signature it purports to be.
38. Other evidentiary aids
A certificate purporting to be signed by the
Secretary and stating any of the following
matters is evidence of the matter:
(a) that a document is
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2005 Youth Participation in Education and No. s. 39
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(i) an approval, decision or
requirement made under this Act;
or
(ii) a dispensation granted under this
Act; or
(iii) a notice given under this Act;
(b) that a document is a copy of a document
referred to in paragraph (a);
(c) that on a day, or during a period, an
authorisation as an authorised officer
was, or was not, in force for a person;
(d) that on a day, or during a period, a
dispensation relating to a young person
was, or was not, in force;
(e) that on a day a person was given a notice
under this Act;
(f) that on a day a requirement was given to
a person under this Act.
Division 2 Offence proceedings
39. Summary proceedings for offences
(1) A proceeding for an offence against this Act is to
be taken in a summary way.
(2) The proceeding must be commenced
(a) within one year after the alleged
commission of the offence; or
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(b) within 6 months after the offence comes
to the complainant's knowledge, but
within 2 years after the alleged
commission of the offence.
40. Statement of complainant's knowledge
In a complaint starting a proceeding for an
offence against this Act, a statement that the
matter of the complaint came to the
complainant's knowledge on a particular day is
evidence of when the matter came to the
complainant's knowledge.
41. Evidence of Secretary's authorisation to take
proceedings
A certificate, purporting to be signed by the
Secretary, to the effect that the Secretary has
authorised a person to take proceedings for an
offence against section 14(1) is evidence of the
authorisation.
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PART 7 MISCELLANEOUS
Division 1 Involvement of certain registered school entities
42. Interpretation
(1) In this Division
"entities" means the Association of
Independent Schools of Tasmania Inc.
and the Archbishop of Hobart
Corporation Sole.
(2) If an entity changes its name, the Minister, by
order, may amend subsection (1) by substituting
the body's new name.
(3) If an entity ceases to exist, the Minister, by
order, may amend subsection (1) by doing one or
both of the following:
(a) omitting that body;
(b) substituting the name of a body which
the Minister is satisfied substantially
represents the interests that were
represented by the body that has ceased
to exist.
43. Consultation about planning
The Secretary is to consult regularly with the
entities or their nominees for the purpose of
carrying on planning activities.
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44. Aggregated information
The Qualifications Authority is to give each of
the entities or their nominees, at the prescribed
times, the prescribed aggregated information.
Division 2 Other matters
45. Confidentiality
(1) In this section
"disclose", in relation to information, includes
give access to the information;
"employee", in relation to a provider, or
another person, includes
(a) a person appointed to a position
with the provider or other person;
and
(b) a person engaged by the provider
or other person under a contract
for services; and
(c) an unpaid employee of the
provider or other person;
"personal information" means information
or an opinion, whether true or not, about
a person whose identity is apparent, or
can reasonably be ascertained, from the
information or opinion;
"prescribed information" means information
of a kind referred to in paragraph (b) of
the definition of "prescribed person";
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2005 Youth Participation in Education and No. s. 45
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"prescribed person" means a person
(a) who is or has been
(i) the Secretary or a State
Service employee or State
Service officer employed
or engaged for the
purposes of the
Department; or
(ii) a provider or an employee
of a provider; or
(iii) a member of the
Qualifications Authority
or a State Service
employee or State Service
officer employed or
engaged for the purposes
of the Tasmanian
Qualifications Authority
Act 2003; or
(iv) a person, or an employee
of a person, to whom the
Secretary has disclosed
information under
section 33; and
(b) who, in the course of the
administration of this Act or
because of opportunity provided
by the administration of this Act,
has gained or has access to
personal information about
another person who is in the
participation record phase or has
a participation record.
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(2) A prescribed person must not make a record of
prescribed information, disclose prescribed
information to anyone else or give access to
prescribed information to anyone else, other
than
(a) for a purpose of this Act; or
(b) with the consent of the person to whom
the information relates; or
(c) in compliance with lawful process
requiring production of documents or
giving of evidence before a court or
tribunal; or
(d) as permitted or required by another Act.
Penalty: Fine not exceeding 50 penalty units.
(3) Subsection (2) continues to apply to personal
information about a person who has been in the
participation record phase after the phase ends.
46. Delegation by Secretary
The Secretary may delegate any of his or her
functions or powers under this Act including this
power of delegation.
47. Authorised officers
The Secretary may authorise a State Service
employee or State Service officer employed for
the purposes of the Department to be an
authorised officer.
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48. Guidelines
(1) The Secretary may issue guidelines for the
purposes of the administration of this Act.
(2) Without limiting the generality of subsection (1),
the guidelines may
(a) specify what constitutes participation in
eligible options at a full-time level; and
(b) provide for all matters relating to the
application for, the granting of or the
refusal of dispensations; and
(c) specify the information to be contained
in a participation plan.
(3) In specifying what constitutes participation in
eligible options at a full-time level, the
guidelines may provide for different full-time
levels according to such factors, including
participation in part-time employment, as are
specified in the guidelines.
(4) Without limiting how the guidelines may specify
what constitutes participation in eligible options
at a full-time level, the guidelines may so specify
what constitutes full-time participation
(a) by specifying the number of hours in a
particular period of time that a person
must attend
(i) one or more particular eligible
options; or
(ii) one or more eligible options of
particular classes of eligible
options; or
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(b) by specifying that attendance at one
particular eligible option or one eligible
option of a particular class constitutes a
certain proportion of full-time
participation.
(5) The guidelines may be made so as to apply
differently according to such factors as are
specified in the guidelines.
(6) The guidelines may authorise any matter to be
from time to time approved, determined, applied
or regulated by any person specified in the
guidelines.
(7) The guidelines are not
(a) a statutory rule for the purposes of the
Rules Publication Act 1953; or
(b) subordinate legislation for the purposes
of the Subordinate Legislation Act 1992.
49. Approved forms
The Secretary may approve forms for use under
this Act.
50. Transitional provision
To remove any doubt, it is declared that, despite
any other provision of this Act, a young person
is not in the required participation phase if the
person attained the age of 16 years or completed
the year of secondary schooling commonly
known as year 10 before the commencement of
Part 5.
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51. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) Without limiting the generality of subsection (1),
the regulations may provide for fees and charges
payable in respect of any matter under this Act.
(3) The regulations may be made so as to apply
differently according to such factors as are
specified in the regulations.
(4) The regulations may
(a) provide that a contravention of any of the
regulations is an offence; and
(b) in respect of such an offence, provide for
the imposition of a fine not exceeding 50
penalty units and, in the case of a
continuing offence, a further fine not
exceeding 10 penalty units for each day
during which the offence continues.
(5) The regulations may authorise any matter to be
from time to time determined, applied or
regulated by any person specified in the
regulations.
(6) The regulations may contain provisions of a
savings or transitional nature consequent on the
enactment of this Act or complementary
legislation.
(7) Regulations made under subsection (6) may take
effect on the day on which this Act commences
or a later day as specified in the regulations,
whether the day so specified is before, on or
after the day on which the regulations are made.
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52. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990
(a) the administration of this Act is assigned
to the Minister for Education; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of
Education.
44 Government Printer, Tasmania