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EDUCATION AND TRAINING LEGISLATION AMENDMENT BILL 2009

          Queensland



Education and Training
Legislation Amendment
Bill 2009

 


 

 

Queensland Education and Training Legislation Amendment Bill 2009 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 2 Amendment of Education (Capital Assistance) Act 1993 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 Omission of s 6 (Declaration of approved authority) . . . . . . . . . . 7 Part 3 Amendment of Education (General Provisions) Act 2006 6 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 Amendment of s 50 (State education to be free) . . . . . . . . . . . . . 7 8 Amendment of s 51 (Power to charge particular persons or for particular educational services) . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Amendment of s 335 (Definitions for pt 6) . . . . . . . . . . . . . . . . . . 8 10 Amendment of s 365 (Obligation to report sexual abuse of student under 18 years attending State school) . . . . . . . . . . . . . . 8 11 Amendment of s 366 (Obligation to report sexual abuse of student under 18 years attending non-State school) . . . . . . . . . . 9 12 Insertion of new ch 19, pt 1 and pt 2 hdg . . . . . . . . . . . . . . . . . . . 10 Part 1 Pre-preparatory learning program 419A Pre-preparatory learning program . . . . . . . . . . . . . . . 10 419B Application for registration . . . . . . . . . . . . . . . . . . . . . 11 419C Decision whether to register child . . . . . . . . . . . . . . . 12 419D Cancellation of registration for transfer to preparatory year ....................... 12 13 Amendment of s 420 (Special education) . . . . . . . . . . . . . . . . . . 13 14 Amendment of s 426 (Confidentiality) . . . . . . . . . . . . . . . . . . . . . 13 15 Amendment of s 428 (Collection of demographic information). . . 14

 


 

Education and Training Legislation Amendment Bill 2009 Contents 16 Amendment of s 429A (Prohibition on use of certain terms) . . . . 15 17 Amendment of ch 20, pt 3, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 15 18 Insertion of new ch 20, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Part 4 Transitional provision for Education and Training Legislation Amendment Act 2009 511 Programs taken to be pre-preparatory learning programs ............................ 16 19 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 16 Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 20 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 21 Amendment of s 8 (Eligibility for full registration) . . . . . . . . . . . . . 17 22 Amendment of s 9 (Eligibility for provisional registration). . . . . . . 17 23 Amendment of s 62 (Replacing certificates of registration or permission to teach) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 24 Renumbering of ss 62 and 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 25 Amendment of s 80 (Requirement for prosecuting authority to notify college about committal, conviction etc.) . . . . . . . . . . . . . . 18 26 Amendment of s 110 (Notice to be given to college if PP&C committee authorise investigation) . . . . . . . . . . . . . . . . . . . . . . . . 18 27 Insertion of new s 111A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 111A PP&C committee may refer matter to QCAT . . . . . . . 19 28 Amendment of s 115 (Functions of PP&C committee). . . . . . . . . 19 29 Amendment of s 130 (Application of div 2). . . . . . . . . . . . . . . . . . 20 30 Amendment of s 175 (Appointment). . . . . . . . . . . . . . . . . . . . . . . 20 31 Amendment of s 211 (Review committee) . . . . . . . . . . . . . . . . . . 20 32 Amendment of s 213 (Notice of review decision) . . . . . . . . . . . . . 20 33 Amendment of s 264 (Delegation) . . . . . . . . . . . . . . . . . . . . . . . . 21 34 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 21 Part 5 Amendment of Education (Queensland Studies Authority) Act 2002 35 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 36 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 22 Part 6 Amendment of Grammar Schools Act 1975 37 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 38 Omission of s 3 (Notes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 39 Amendment of s 44 (Register of donors and subscribers) . . . . . . 23 Page 2

 


 

Education and Training Legislation Amendment Bill 2009 Contents Part 7 Amendment of James Cook University Act 1997 40 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 41 Amendment of s 15 (Elected members). . . . . . . . . . . . . . . . . . . . 24 42 Amendment of s 31 (Deputy chancellor) . . . . . . . . . . . . . . . . . . . 24 43 Amendment of s 40A (Chairperson of academic board) . . . . . . . 24 44 Amendment of s 57 (Making of university statutes) . . . . . . . . . . . 24 45 Amendment of sch 1 (Control of traffic and conduct on university land) ................................. 24 46 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 25 Part 8 Amendment of Vocational Education, Training And Employment Act 2000 47 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 48 Amendment of s 45 (Cancellation of qualification or statement of attainment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 49 Insertion of new ss 45A-45C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 45A Cancellation of qualification or statement of attainment by council . . . . . . . . . . . . . . . . . . . . . . . . . 26 45B Public notice of cancellation of qualification or statement of attainment . . . . . . . . . . . . . . . . . . . . . . . 28 45C Offence to falsely claim to hold qualification or statement of attainment . . . . . . . . . . . . . . . . . . . . . . . 28 50 Amendment of s 83 (Prohibited employers) . . . . . . . . . . . . . . . . . 29 51 Amendment of s 84 (Revocation of declaration as prohibited employer) ..................................... 29 52 Amendment of s 230 (Appeal to industrial commission against council or other decisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 53 Amendment of s 244 (Appeal to Industrial Court on question of law) .......................................... 30 Part 9 Amendment of Vocational Education, Training and Employment Regulation 2000 54 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 55 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 30 Part 10 Amendment of Child Care Act 2002 56 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 57 Amendment of s 5 (Meaning of child care service) . . . . . . . . . . . 31 Page 3

 


 

 

2009 A Bill for An Act to amend the Education (Capital Assistance) Act 1993, the Education (General Provisions) Act 2006, the Education (Queensland College of Teachers) Act 2005, the Education (Queensland Studies Authority) Act 2002, the Grammar Schools Act 1975, the James Cook University Act 1997, the Vocational Education, Training and Employment Act 2000, the Vocational Education, Training and Employment Regulation 2000 and the Child Care Act 2002 for particular purposes

 


 

Education and Training Legislation Amendment Bill 2009 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Education and Training 4 Legislation Amendment Act 2009. 5 Clause 2 Commencement 6 This Act commences on a day to be fixed by proclamation. 7 Part 2 Amendment of Education 8 (Capital Assistance) Act 1993 9 Clause 3 Act amended 10 This part amends the Education (Capital Assistance) Act 11 1993. 12 Clause 4 Amendment of s 3 (Definitions) 13 Section 3, definition approved authority-- 14 omit, insert-- 15 `approved authority, of an eligible non-State school, means 16 the governing body of the school.'. 17 Page 6

 


 

Education and Training Legislation Amendment Bill 2009 Part 3 Amendment of Education (General Provisions) Act 2006 [s 5] Clause 5 Omission of s 6 (Declaration of approved authority) 1 Section 6-- 2 omit. 3 Part 3 Amendment of Education 4 (General Provisions) Act 2006 5 Clause 6 Act amended 6 This part amends the Education (General Provisions) Act 7 2006. 8 Clause 7 Amendment of s 50 (State education to be free) 9 Section 50(1)-- 10 omit, insert-- 11 `(1) Subsection (2) applies to-- 12 (a) a person enrolled at a State school; or 13 (b) a person who is a pre-preparatory age child registered in 14 a pre-preparatory learning program at a prescribed State 15 school; 16 who is-- 17 (c) an Australian citizen or permanent resident; or 18 (d) a child of an Australian citizen or permanent resident.'. 19 Clause 8 Amendment of s 51 (Power to charge particular persons 20 or for particular educational services) 21 (1) Section 51(1), after `school'-- 22 insert-- 23 Page 7

 


 

Education and Training Legislation Amendment Bill 2009 Part 3 Amendment of Education (General Provisions) Act 2006 [s 9] `, or a pre-preparatory age child registered in a 1 pre-preparatory learning program at a prescribed State 2 school,'. 3 (2) Section 51(3)-- 4 omit, insert-- 5 `(3) The chief executive may charge a fee for-- 6 (a) the education of the person at the State school; or 7 (b) registration of the pre-preparatory age child in the 8 pre-preparatory learning program at the State school.'. 9 Clause 9 Amendment of s 335 (Definitions for pt 6) 10 (1) Section 335, definition exempt person, paragraph (b)-- 11 renumber as paragraph (d). 12 (2) Section 335, definition exempt person-- 13 insert-- 14 `(b) a pre-preparatory age child registered in a 15 pre-preparatory learning program at the institution; or 16 (c) a person with a disability who-- 17 (i) under section 420(2), is being provided with 18 special education at the institution; and 19 (ii) is not enrolled in the preparatory year at the 20 institution; or'. 21 Clause 10 Amendment of s 365 (Obligation to report sexual abuse 22 of student under 18 years attending State school) 23 (1) Section 365, heading-- 24 omit, insert-- 25 `365 Obligation to report sexual abuse of person under 18 26 years at State school'. 27 (2) Section 365(1)-- 28 Page 8

 


 

Education and Training Legislation Amendment Bill 2009 Part 3 Amendment of Education (General Provisions) Act 2006 [s 11] omit, insert-- 1 `(1) Subsection (2) applies if a staff member of a State school (the 2 first person) becomes aware, or reasonably suspects, that any 3 of the following have been sexually abused by another person 4 who is an employee of the school-- 5 (a) a student under 18 years attending the school; 6 (b) a pre-preparatory age child registered in a 7 pre-preparatory learning program at the school; 8 (c) a person with a disability who-- 9 (i) under section 420(2), is being provided with 10 special education at the school; and 11 (ii) is not enrolled in the preparatory year at the 12 school.'. 13 Clause 11 Amendment of s 366 (Obligation to report sexual abuse 14 of student under 18 years attending non-State school) 15 (1) Section 366, heading-- 16 omit, insert-- 17 `366 Obligation to report sexual abuse of person under 18 18 years at non-State school'. 19 (2) Section 366(1)-- 20 omit, insert-- 21 `(1) Subsection (2) applies if a staff member of a non-State school 22 (the first person) becomes aware, or reasonably suspects, that 23 any of the following have been sexually abused by another 24 person who is an employee of the school-- 25 (a) a student under 18 years attending the school; 26 (b) a pre-preparatory age child registered in a 27 pre-preparatory learning program at the school; 28 (c) a person with a disability who-- 29 (i) under section 420(2), is being provided with 30 special education at the school; and 31 Page 9

 


 

Education and Training Legislation Amendment Bill 2009 Part 3 Amendment of Education (General Provisions) Act 2006 [s 12] (ii) is not enrolled in the preparatory year at the 1 school.'. 2 Clause 12 Insertion of new ch 19, pt 1 and pt 2 hdg 3 Chapter 19-- 4 insert-- 5 `Part 1 Pre-preparatory learning 6 program 7 `419A Pre-preparatory learning program 8 `(1) The Minister may approve a program focused on literacy and 9 numeracy, for preparing a child for education in the 10 preparatory year, to be a pre-preparatory learning program for 11 a prescribed State school or a prescribed non-State school. 12 Note-- 13 See chapter 20, part 4 for programs being provided before 14 commencement. 15 `(2) The Minister may provide, or assist in providing the program, 16 at a prescribed State school or a prescribed non-State school, 17 to a pre-preparatory age child. 18 `(3) A pre-preparatory age child being provided with a 19 pre-preparatory learning program at a prescribed State school 20 or a prescribed non-State school is not, for this Act-- 21 (a) a student of the school; or 22 (b) enrolled at the school. 23 `(4) The Minister must review the operation of this section within 24 5 years after its commencement to decide whether the section 25 remains relevant and necessary. 26 `(5) In this section-- 27 pre-preparatory age child means a child who will be at least 4 28 years and 6 months on 31 December in the year proposed for 29 Page 10

 


 

Education and Training Legislation Amendment Bill 2009 Part 3 Amendment of Education (General Provisions) Act 2006 [s 12] the child's participation in a pre-preparatory learning 1 program. 2 prescribed non-State school means a non-State school that, 3 immediately before the commencement of this section, was 4 providing a program-- 5 (a) focused on literacy and numeracy for preparing a child 6 for education in the preparatory year; and 7 (b) approved by the Minister for the school. 8 prescribed State school means-- 9 (a) a State school that, immediately before the 10 commencement of this section, was providing a 11 program-- 12 (i) focused on literacy and numeracy for preparing a 13 child for education in the preparatory year; and 14 (ii) approved by the Minister for the school; or 15 (b) a State school prescribed under a regulation. 16 `419B Application for registration 17 `An application for registration of a pre-preparatory age child 18 in a pre-preparatory learning program, at a prescribed State 19 school or a prescribed non-State school must be-- 20 (a) made-- 21 (i) to the principal of the school; and 22 (ii) in the approved form; and 23 (b) accompanied by-- 24 (i) evidence, satisfactory to the principal, that the 25 child is a pre-preparatory age child; and 26 (ii) any other documents, identified in the approved 27 form, the principal reasonably requires to decide 28 the application. 29 Page 11

 


 

Education and Training Legislation Amendment Bill 2009 Part 3 Amendment of Education (General Provisions) Act 2006 [s 12] `419C Decision whether to register child 1 `(1) The principal must consider an application under section 2 419B and decide whether to grant or refuse to grant the 3 application. 4 `(2) If the principal is satisfied it is in the child's best interests to 5 be registered in a pre-preparatory learning program at the 6 school, the principal may register the child. 7 `(3) Subsection (2) applies even if an application for registration of 8 a child does not comply, or fully comply, with section 419B. 9 `(4) The principal may refuse to register a child if, under section 10 419D, the child's registration has been cancelled at another 11 prescribed State school or prescribed non-State school. 12 `419D Cancellation of registration for transfer to 13 preparatory year 14 `(1) This section applies if-- 15 (a) a preparatory age child is registered in a pre-preparatory 16 learning program at a prescribed State school or a 17 prescribed non-State school; and 18 (b) the principal of the school is satisfied the child is too 19 mature for the pre-preparatory learning program and 20 would be better served educationally by being enrolled 21 in the preparatory year. 22 `(2) The principal may-- 23 (a) cancel the child's registration in the pre-preparatory 24 learning program; and 25 (b) enrol the child in the preparatory year at the school. 26 `(3) In this section-- 27 Page 12

 


 

Education and Training Legislation Amendment Bill 2009 Part 3 Amendment of Education (General Provisions) Act 2006 [s 13] `preparatory age child means a child who has reached the age 1 prescribed under a regulation for enrolment in the preparatory 2 year at a State school or non-State school. 3 `Part 2 General'. 4 Clause 13 Amendment of s 420 (Special education) 5 Section 420-- 6 insert-- 7 `(3) Subsection (4) applies to a person with a disability who-- 8 (a) under subsection (2), is being provided with special 9 education; and 10 (b) is not enrolled in the preparatory year at the school at 11 which the special education is being provided. 12 `(4) The person is not, for this Act-- 13 (a) a student of the school; or 14 (b) enrolled at the school.'. 15 Clause 14 Amendment of s 426 (Confidentiality) 16 (1) Section 426(1)(b)-- 17 omit, insert-- 18 `(b) who, in that capacity, has gained or has access to 19 personal information about-- 20 (i) a student, prospective student or former student of 21 a State school; or 22 (ii) a pre-preparatory age child-- 23 (A) who is or has been registered in a 24 pre-preparatory learning program at a State 25 school; or 26 Page 13

 


 

Education and Training Legislation Amendment Bill 2009 Part 3 Amendment of Education (General Provisions) Act 2006 [s 15] (B) for whom an application for registration has 1 been made under section 419B; or 2 (iii) a person with a disability who-- 3 (A) under section 420(2), is being provided with 4 special education at a State school; and 5 (B) is not enrolled in the preparatory year at the 6 school.'. 7 (2) Section 426(2)(b)-- 8 omit, insert-- 9 `(b) who, in that capacity, has gained or has access to 10 personal information, contained in a transfer note, 11 about-- 12 (i) a former student or continuing student of the 13 school; or 14 (ii) a pre-preparatory age child-- 15 (A) who is or has been registered in a 16 pre-preparatory learning program at the 17 school; or 18 (B) for whom an application for registration has 19 been made under section 419B; or 20 (iii) a person with a disability who-- 21 (A) under section 420(2), is being provided with 22 special education at the school; and 23 (B) is not enrolled in the preparatory year at the 24 school.'. 25 Clause 15 Amendment of s 428 (Collection of demographic 26 information) 27 (1) Section 428(1)-- 28 omit, insert-- 29 `(1) The chief executive may collect demographic information 30 about any of the following and their parents if the only 31 Page 14

 


 

Education and Training Legislation Amendment Bill 2009 Part 3 Amendment of Education (General Provisions) Act 2006 [s 16] purpose of the collection is to give effect to, or manage, an 1 education funding arrangement-- 2 (a) State school students; 3 (b) pre-preparatory age children registered in a 4 pre-preparatory learning program at a State school; 5 (c) persons with a disability who-- 6 (i) under section 420(2), are being provided with 7 special education at a State school; and 8 (ii) are not enrolled in the preparatory year at the 9 school.'. 10 (2) Section 428(2), `State school students and their parents'-- 11 omit, insert-- 12 `the persons mentioned in subsection (1)'. 13 Clause 16 Amendment of s 429A (Prohibition on use of certain 14 terms) 15 Section 429A(1)-- 16 insert-- 17 `(d) `P.R.E.P.'; 18 (e) any other name, initial, word or description that, having 19 regard to the circumstances in which it is used, may 20 suggest that the licensee is offering education in the 21 preparatory year.'. 22 Clause 17 Amendment of ch 20, pt 3, hdg 23 Chapter 20, part 3, heading, after `provisions'-- 24 insert-- 25 `for Education (General Provisions) Act 2006'. 26 Page 15

 


 

Education and Training Legislation Amendment Bill 2009 Part 3 Amendment of Education (General Provisions) Act 2006 [s 18] Clause 18 Insertion of new ch 20, pt 4 1 After section 510A-- 2 insert-- 3 `Part 4 Transitional provision for 4 Education and Training 5 Legislation Amendment Act 6 2009 7 `511 Programs taken to be pre-preparatory learning 8 programs 9 `(1) This section applies to a program focused on literacy and 10 numeracy for preparing a child for education in the 11 preparatory year that, immediately before the commencement 12 of this section, was-- 13 (a) being provided by a prescribed State school or a 14 prescribed non-State school; and 15 (b) approved by the Minister for the school. 16 `(2) The program is taken to be a pre-preparatory learning 17 program for this Act.'. 18 Clause 19 Amendment of sch 4 (Dictionary) 19 (1) Schedule 4-- 20 insert-- 21 `pre-preparatory age child see section 419A(5). 22 pre-preparatory learning program means a program 23 approved under section 419A(1). 24 prescribed non-State school see section 419A(5). 25 prescribed State school see section 419A(5).'. 26 (2) Schedule 4, definition educational program, paragraph (a)-- 27 omit, insert-- 28 Page 16

 


 

Education and Training Legislation Amendment Bill 2009 Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 20] `(a) for a reference to an educational program provided 1 under this Act-- 2 (i) a program under arrangements approved under 3 section 183; and 4 (ii) a pre-preparatory learning program; or'. 5 Part 4 Amendment of Education 6 (Queensland College of 7 Teachers) Act 2005 8 Clause 20 Act amended 9 This part amends the Education (Queensland College of 10 Teachers) Act 2005. 11 Clause 21 Amendment of s 8 (Eligibility for full registration) 12 Section 8(1)(a)(ii), `abilities, experience and contribution to 13 education establish'-- 14 omit, insert-- 15 `demonstrated abilities, experience, knowledge and skills 16 establish that'. 17 Clause 22 Amendment of s 9 (Eligibility for provisional registration) 18 Section 9(1)(a)(ii), `abilities, experience and contribution to 19 education establish'-- 20 omit, insert-- 21 `demonstrated abilities, experience, knowledge and skills 22 establish that'. 23 Page 17

 


 

Education and Training Legislation Amendment Bill 2009 Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 23] Clause 23 Amendment of s 62 (Replacing certificates of registration 1 or permission to teach) 2 (1) Section 62, heading-- 3 omit, insert-- 4 `62 Replacing certificate of registration, registration card or 5 certificate of permission to teach'. 6 (2) Section 62(1), after `certificate,'-- 7 insert-- 8 `registration card,'. 9 (3) Section 62(3), after `certificate'-- 10 insert-- 11 `or card'. 12 Clause 24 Renumbering of ss 62 and 63 13 Sections 62 and 63-- 14 renumber as sections 63 and 62. 15 Clause 25 Amendment of s 80 (Requirement for prosecuting 16 authority to notify college about committal, conviction 17 etc.) 18 Section 80-- 19 insert-- 20 `(7) In this section-- 21 penalty includes a disqualification order.'. 22 Clause 26 Amendment of s 110 (Notice to be given to college if 23 PP&C committee authorise investigation) 24 Section 110, heading-- 25 omit, insert-- 26 Page 18

 


 

Education and Training Legislation Amendment Bill 2009 Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 27] `110 Notice to be given to college if PP&C committee 1 authorises investigation'. 2 Clause 27 Insertion of new s 111A 3 Chapter 5, part 4-- 4 insert-- 5 `111A PP&C committee may refer matter to QCAT 6 `(1) This section applies if the PP&C committee reasonably 7 believes that, in relation to a matter mentioned in section 8 108-- 9 (a) a ground for disciplinary action against a teacher may 10 exist; and 11 (b) if the ground is established, disciplinary action 12 mentioned in section 160(2)(d) to (h) or (j) should be 13 taken against the teacher. 14 `(2) The PP&C committee may refer the matter to QCAT 15 without-- 16 (a) authorising an investigation into the matter; or 17 (b) hearing the matter.'. 18 Clause 28 Amendment of s 115 (Functions of PP&C committee) 19 Section 115(1)-- 20 omit, insert-- 21 `(1) The functions of the PP&C committee, in relation to a 22 relevant disciplinary matter, are as follows-- 23 (a) to authorise an investigation into the matter; 24 (b) to refer the matter to QCAT with or without-- 25 (i) authorising an investigation into the matter; or 26 (ii) hearing the matter; 27 (c) to hear and decide the matter with or without 28 authorising an investigation into the matter.'. 29 Page 19

 


 

Education and Training Legislation Amendment Bill 2009 Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 29] Clause 29 Amendment of s 130 (Application of div 2) 1 Section 130(b)-- 2 omit, insert-- 3 `(b) a PP&C matter referred to QCAT by the PP&C 4 committee under section 111A(2) or 123(2)(b).'. 5 Clause 30 Amendment of s 175 (Appointment) 6 Section 175(1)-- 7 insert-- 8 `(c) another person the college considers appropriate to be 9 appointed as an investigator.'. 10 Clause 31 Amendment of s 211 (Review committee) 11 (1) Section 211(4)(c), after `allows'-- 12 insert-- 13 `including material in any submissions made before the end of 14 the submission period'. 15 (2) Section 211(5)-- 16 omit. 17 (3) Section 211(4)-- 18 renumber as section 211(5). 19 (4) Section 211-- 20 insert-- 21 `(4) The review committee must give the applicant a notice stating 22 that the applicant may make oral or written submissions about 23 the original decision to the committee within 21 days after the 24 notice is given (the submission period).'. 25 Clause 32 Amendment of s 213 (Notice of review decision) 26 Section 213(3), `45'-- 27 Page 20

 


 

Education and Training Legislation Amendment Bill 2009 Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 33] omit, insert-- 1 `60'. 2 Clause 33 Amendment of s 264 (Delegation) 3 (1) Section 264(1)-- 4 insert-- 5 `(d) an appropriately qualified member of the office's staff.'. 6 (2) Section 264-- 7 insert-- 8 `(4) In this section-- 9 appropriately qualified includes having the qualifications, 10 experience or standing appropriate to exercise the power. 11 Example of standing-- 12 the staff member's classification level in the office'. 13 Clause 34 Amendment of sch 3 (Dictionary) 14 (1) Schedule 3, definition former holder of a permission to teach, 15 paragraph (b)-- 16 omit, insert-- 17 `(b) no longer holds a permission to teach.'. 18 (2) Schedule 3, definition former registered teacher, paragraph 19 (b)-- 20 omit, insert-- 21 `(b) is no longer a registered teacher.'. 22 Page 21

 


 

Education and Training Legislation Amendment Bill 2009 Part 5 Amendment of Education (Queensland Studies Authority) Act 2002 [s 35] Part 5 Amendment of Education 1 (Queensland Studies Authority) 2 Act 2002 3 Clause 35 Act amended 4 This part amends the Education (Queensland Studies 5 Authority) Act 2002. 6 Clause 36 Amendment of sch 2 (Dictionary) 7 Schedule 2, definition school studies-- 8 omit, insert-- 9 `school studies means-- 10 (a) the 8 key learning areas provided for under the 11 Melbourne Declaration on Educational Goals for Young 12 Australians; or 13 (b) school subjects. 14 Note-- 15 The declaration was made at the 26th Ministerial Council on 16 Education, Employment, Training and Youth Affairs held on 5 17 December 2008. 18 Editor's note-- 19 The declaration may be viewed on the website of the Ministerial 20 Council on Education, Employment, Training and Youth Affairs 21 at .'. 22 Part 6 Amendment of Grammar 23 Schools Act 1975 24 Clause 37 Act amended 25 This part amends the Grammar Schools Act 1975. 26 Page 22

 


 

Education and Training Legislation Amendment Bill 2009 Part 7 Amendment of James Cook University Act 1997 [s 38] Clause 38 Omission of s 3 (Notes) 1 Section 3-- 2 omit. 3 Clause 39 Amendment of s 44 (Register of donors and subscribers) 4 Section 44(2)-- 5 omit, insert-- 6 `(1A) However, a person who no longer wishes to be a donor or 7 subscriber may ask the board in writing to remove the 8 person's name and other particulars of the person from the 9 register. 10 `(2) The secretary to the board must, at the direction of the 11 board-- 12 (a) amend details of a person's name or other particulars on 13 the register; or 14 (b) remove from the register the name and other particulars 15 of-- 16 (i) a person mentioned in subsection (1A); or 17 (ii) a person who has died; or 18 (c) make any other alterations or amendments to the register 19 required by the board.'. 20 Part 7 Amendment of James Cook 21 University Act 1997 22 Clause 40 Act amended 23 This part amends the James Cook University Act 1997. 24 Page 23

 


 

Education and Training Legislation Amendment Bill 2009 Part 7 Amendment of James Cook University Act 1997 [s 41] Clause 41 Amendment of s 15 (Elected members) 1 Section 15(3)(d), after `convocation'-- 2 insert-- 3 `eligible under a university statute'. 4 Clause 42 Amendment of s 31 (Deputy chancellor) 5 Section 31(4)-- 6 omit, insert-- 7 `(4) The deputy chancellor is to act as chancellor when-- 8 (a) there is a vacancy in the office of chancellor; or 9 (b) the chancellor can not perform the functions of the 10 office.'. 11 Clause 43 Amendment of s 40A (Chairperson of academic board) 12 Section 40A(3), `2'-- 13 omit, insert-- 14 `3'. 15 Clause 44 Amendment of s 57 (Making of university statutes) 16 Section 57(2)(e), after `convocation'-- 17 insert-- 18 `and the voting rights of its members'. 19 Clause 45 Amendment of sch 1 (Control of traffic and conduct on 20 university land) 21 Schedule 1-- 22 insert-- 23 Page 24

 


 

Education and Training Legislation Amendment Bill 2009 Part 8 Amendment of Vocational Education, Training And Employment Act 2000 [s 46] `1A Limitation of authorised person's or security officer's 1 powers 2 `The powers of an authorised person or a security officer may 3 be limited-- 4 (a) under a condition of appointment; or 5 (b) by notice of the vice-chancellor given to the authorised 6 person or security officer.'. 7 Clause 46 Amendment of sch 2 (Dictionary) 8 Schedule 2, definition general staff-- 9 omit, insert-- 10 `general staff means staff of the university including 11 professional and technical staff but does not include academic 12 staff.'. 13 Part 8 Amendment of Vocational 14 Education, Training And 15 Employment Act 2000 16 Clause 47 Act amended 17 This part amends the Vocational Education, Training And 18 Employment Act 2000. 19 Clause 48 Amendment of s 45 (Cancellation of qualification or 20 statement of attainment) 21 (1) Section 45, heading, after `attainment'-- 22 insert-- 23 `by registered training organisation'. 24 (2) Section 45(2) and (3)-- 25 Page 25

 


 

Education and Training Legislation Amendment Bill 2009 Part 8 Amendment of Vocational Education, Training And Employment Act 2000 [s 49] omit, insert-- 1 `(2) If, after considering all representations made under the fair 2 procedures, the registered training organisation decides not to 3 cancel the qualification or statement of attainment, the 4 organisation must give written notice to the person to whom 5 the qualification or statement of attainment was issued (the 6 holder) that no further action will be taken. 7 `(3) If the registered training organisation decides to cancel the 8 qualification or statement of attainment, the organisation 9 must, as soon as practicable after deciding, give an 10 information notice to the holder. 11 `(4) A decision under subsection (3)-- 12 (a) has no effect if an appeal against the decision is upheld; 13 and 14 (b) otherwise, takes effect on the earlier of the following-- 15 (i) the last day to appeal against the decision; 16 (ii) the day an appeal against the decision is decided or 17 otherwise ends. 18 `(5) If the qualification or statement of attainment is cancelled, the 19 holder must, unless the holder has a reasonable excuse, return 20 the cancelled qualification or statement of attainment to the 21 registered training organisation within 21 days after the 22 decision has effect. 23 Maximum penalty for subsection (5)--40 penalty units.'. 24 Clause 49 Insertion of new ss 45A-45C 25 Part 3, division 5-- 26 insert-- 27 `45A Cancellation of qualification or statement of 28 attainment by council 29 `(1) The council may cancel a qualification or statement of 30 attainment, by fair procedures prescribed under a regulation, 31 if-- 32 Page 26

 


 

Education and Training Legislation Amendment Bill 2009 Part 8 Amendment of Vocational Education, Training And Employment Act 2000 [s 49] (a) the qualification or statement of attainment was issued 1 by-- 2 (i) an entity that is not a registered training 3 organisation; or 4 (ii) a registered training organisation acting outside the 5 scope of its registration; or 6 (b) the registered training organisation that issued the 7 qualification or statement of attainment-- 8 (i) did not provide, or fully provide, the training or 9 assessments for the issue of the qualification or 10 statement of attainment; or 11 (ii) did not, in issuing the qualification or statement of 12 attainment, comply with the condition mentioned 13 in section 26(2)(a). 14 `(2) The council may make whatever inquiries the council 15 considers necessary to help the council decide whether to 16 cancel the qualification or statement of attainment. 17 `(3) If, after considering all representations made under the fair 18 procedures, the council decides not to cancel the qualification 19 or statement of attainment, the council must give written 20 notice to the following that no further action will be taken-- 21 (a) the person to whom the qualification or statement of 22 attainment was issued (the holder); 23 (b) the registered training organisation or other entity that 24 issued the qualification or statement of attainment. 25 `(4) If the council decides to cancel the qualification or statement 26 of attainment, the council must, as soon as practicable after 27 deciding, give an information notice to the entities mentioned 28 in subsection (3)(a) and (b). 29 `(5) A decision under subsection (4)-- 30 (a) has no effect if an appeal against the decision is upheld; 31 and 32 (b) otherwise, takes effect on the earlier of the following-- 33 Page 27

 


 

Education and Training Legislation Amendment Bill 2009 Part 8 Amendment of Vocational Education, Training And Employment Act 2000 [s 49] (i) the last day to appeal against the decision; 1 (ii) the day an appeal against the decision is decided or 2 otherwise ends. 3 `(6) If the qualification or statement of attainment is cancelled, the 4 holder must, unless the holder has a reasonable excuse, return 5 the cancelled qualification or statement of attainment to the 6 council within 21 days after the decision has effect. 7 Maximum penalty for subsection (6)--40 penalty units. 8 `45B Public notice of cancellation of qualification or 9 statement of attainment 10 `(1) The council must establish and make publicly available, a list 11 of qualifications and statements of attainment cancelled by the 12 council under section 45A. 13 Example of making a list publicly available-- 14 publishing the list on the council's website 15 `(2) The council may also give notice of the cancellation of a 16 qualification or statement of attainment by-- 17 (a) publishing a notice about the cancellation in a 18 newspaper circulating in the State; or 19 (b) giving written notice of the cancellation to other 20 registering bodies or industry bodies for whom the 21 information is relevant. 22 `45C Offence to falsely claim to hold qualification or 23 statement of attainment 24 `(1) A person whose qualification or statement of attainment is 25 cancelled under section 45A must not claim to hold the 26 qualification or statement of attainment. 27 Maximum penalty--40 penalty units. 28 `(2) For subsection (1), a person claims to hold a qualification or 29 statement of attainment if the person-- 30 (a) makes the claim; or 31 Page 28

 


 

Education and Training Legislation Amendment Bill 2009 Part 8 Amendment of Vocational Education, Training And Employment Act 2000 [s 50] (b) does any act likely to induce someone else to believe the 1 person holds the qualification or statement of 2 attainment.'. 3 Clause 50 Amendment of s 83 (Prohibited employers) 4 (1) Section 83(6)-- 5 renumber as section 83(7). 6 (2) Section 83(5)-- 7 omit, insert-- 8 `(5) If the council decides not to declare an employer to be a 9 prohibited employer, the council must immediately give the 10 employer written notice of its decision. 11 `(6) If the council decides to declare an employer to be a 12 prohibited employer, the council must immediately give the 13 employer an information notice about its decision.'. 14 Clause 51 Amendment of s 84 (Revocation of declaration as 15 prohibited employer) 16 (1) Section 84(6) and (7)-- 17 renumber as section 84(7) and (8). 18 (2) Section 84(5)-- 19 omit, insert-- 20 `(5) If the council decides to completely revoke the declaration, 21 the council must immediately give the employer written 22 notice of its decision. 23 `(6) If the council decides to partly revoke the declaration or to 24 leave the declaration stand, the council must immediately give 25 the employer an information notice about its decision.'. 26 Clause 52 Amendment of s 230 (Appeal to industrial commission 27 against council or other decisions) 28 (1) Section 230(1)(b) to (l)-- 29 Page 29

 


 

Education and Training Legislation Amendment Bill 2009 Part 9 Amendment of Vocational Education, Training and Employment Regulation 2000 [s 53] renumber as section 230(1)(c) to (m). 1 (2) Section 230(1)-- 2 insert-- 3 `(b) the council's cancellation of a qualification or statement 4 of attainment under section 45A(1);'. 5 Clause 53 Amendment of s 244 (Appeal to Industrial Court on 6 question of law) 7 Section 244-- 8 insert-- 9 `(2) The Industrial Relations Act 1999 applies, with any necessary 10 changes, to a proceeding on appeal before the Industrial Court 11 brought under subsection (1).'. 12 Part 9 Amendment of Vocational 13 Education, Training and 14 Employment Regulation 2000 15 Clause 54 Regulation amended 16 (1) This part amends the Vocational Education, Training and 17 Employment Regulation 2000. 18 (2) The amendment of the regulation in this part does not affect 19 the power of the Governor in Council to further amend the 20 regulation or to repeal it. 21 Clause 55 Amendment of sch 5 (Dictionary) 22 (1) Schedule 5, definition affected person, paragraphs (b) to (j)-- 23 renumber as paragraphs (c) to (k). 24 (2) Schedule 5, definition affected person-- 25 Page 30

 


 

Education and Training Legislation Amendment Bill 2009 Part 10 Amendment of Child Care Act 2002 [s 56] insert-- 1 `(b) for section 45A(1), the following-- 2 (i) the person to whom the qualification or statement 3 of attainment was issued; 4 (ii) the registered training organisation or other entity 5 that issued the qualification or statement of 6 attainment;'. 7 (3) Schedule 5, definition relevant section, paragraphs (b) to 8 (o)-- 9 renumber as paragraphs (c) to (p). 10 (4) Schedule 5, definition relevant section-- 11 insert-- 12 `(b) section 45A(1);'. 13 Part 10 Amendment of Child Care Act 14 2002 15 Clause 56 Act amended 16 This part amends the Child Care Act 2002. 17 Clause 57 Amendment of s 5 (Meaning of child care service) 18 (1) Section 5(1)(b)-- 19 renumber as section 5(1)(a). 20 (2) Section 5(1)-- 21 insert-- 22 `(b) a service for providing a pre-preparatory learning 23 program, at a prescribed State school or a prescribed 24 non-State school, to a pre-preparatory age child;'. 25 Page 31

 


 

Education and Training Legislation Amendment Bill 2009 Part 10 Amendment of Child Care Act 2002 [s 57] (3) Section 5-- 1 insert-- 2 `(3) In this section-- 3 pre-preparatory age child see the Education (General 4 Provisions) Act 2006, schedule 4. 5 pre-preparatory learning program see the Education 6 (General Provisions) Act 2006, schedule 4. 7 prescribed non-State school see the Education (General 8 Provisions) Act 2006, schedule 4. 9 prescribed State school see the Education (General 10 Provisions) Act 2006, schedule 4.'. 11 © State of Queensland 2009 Page 32

 


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