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This is a Bill, not an Act. For current law, see the Acts databases.


YOUTH PARTICIPATION IN EDUCATION AND TRAINING AND ANOTHER ACT AMENDMENT BILL 2005

          Queensland



Youth Participation in
Education and Training and
Another Act Amendment Bill
2005

 


 

 

Queensland Youth Participation in Education and Training and Another Act Amendment Bill 2005 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 2 Amendment of Youth Participation in Education and Training Act 2003 3 Act amended in pt 2 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Replacement of s 40 (How an account is opened). . . . . . . . . . . . 4 40 How an account is opened . . . . . . . . . . . . . . . . . . . . . 4 40A Young person's telephone number . . . . . . . . . . . . . . . 5 5 Replacement of s 42 (Obligation to notify enrolment) . . . . . . . . . 5 42 Obligation to notify information . . . . . . . . . . . . . . . . . . 5 6 Amendment of s 43 (Obligation to open an account) . . . . . . . . . . 6 7 Insertion of new s 43A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 43A Young person's telephone number . . . . . . . . . . . . . . . 7 8 Amendment of s 44 (Obligation to notify other matters) . . . . . . . . 7 9 Amendment of s 46 (Use and disclosure by the QSA) . . . . . . . . . 8 10 Insertion of new s 48A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 48A Closing of account . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 11 Amendment of s 58 (Consultation about proposed regulations) . 9 12 Amendment of s 59 (Aggregated information) . . . . . . . . . . . . . . . 9 13 Amendment of s 60 (Transitional). . . . . . . . . . . . . . . . . . . . . . . . . 10 14 Amendment of s 61 (Confidentiality) . . . . . . . . . . . . . . . . . . . . . . 10 15 Replacement of s 91 (Insertion of new s 166E of Act No. 30 of 1989) ......................................... 10 91 Insertion of new s 166E . . . . . . . . . . . . . . . . . . . . . . . 10

 


 

2 Youth Participation in Education and Training and Another Act Amendment Bill 2005 16 Amendment of s 98 (Insertion of new s 18A of Act No. 1 of 2002) 11 17 Replacement of s 102 (Amendment of s 7 (Definitions) of Act No. 42 of 1992). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 102 Amendment of s 11 (Act not to apply to certain bodies etc.) ............................. 11 18 Omission of s 103 (Amendment of s 11 (Act not to apply to certain bodies etc.) of Act No. 42 of 1992) . . . . . . . . . . . . . . . . . . 12 19 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 12 Part 3 Amendment of Education (General Provisions) Act 1989 20 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 21 Amendment of s 2 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . 12 22 Amendment of s 24 (Instruction to be free) . . . . . . . . . . . . . . . . . 12 23 Insertion of new s 24A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 24A Fee for distance education provided by a State school .............................. 13 24 Amendment of s 152 (Regulation-making power) . . . . . . . . . . . . 13 Schedule Other amendments of the Youth Participation in Education and Training Act 2003

 


 

2005 A Bill for An Act to amend the Youth Participation in Education and Training Act 2003 and the Education (General Provisions) Act 1989

 


 

s1 4 s4 Youth Participation in Education and Training and Another Act Amendment Bill 2005 The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Youth Participation in Education 4 and Training and Another Act Amendment Act 2005. 5 Clause 2 Commencement 6 Sections 22 and 23 commence on a day to be fixed by 7 proclamation. 8 Part 2 Amendment of Youth 9 Participation in Education and 10 Training Act 2003 11 Clause 3 Act amended in pt 2 and schedule 12 This part and the schedule amend the Youth Participation in 13 Education and Training Act 2003. 14 Clause 4 Replacement of s 40 (How an account is opened) 15 Section 40-- 16 omit, insert-- 17 `40 How an account is opened 18 `A student account is opened for a young person by giving 19 notice to the QSA of the following information-- 20 (a) the person's name and any previous names of the 21 person; 22

 


 

s5 5 s5 Youth Participation in Education and Training and Another Act Amendment Bill 2005 (b) the person's address; 1 (c) the person's date of birth; 2 (d) the person's sex; 3 (e) whether the person is an Aborigine or Torres Strait 4 Islander; 5 (f) whether the person is a person from a non-English 6 speaking background; 7 (g) the eligible option in which the person proposes to 8 participate when the person starts the compulsory 9 participation phase; 10 (h) whether the person's participation in the eligible option 11 will be full-time; 12 (i) other information prescribed under a regulation. 13 `40A Young person's telephone number 14 `(1) Subsection (2) applies if a student account is opened for a 15 young person under section 40. 16 `(2) The person opening the account may, when opening the 17 account, give notice to the QSA of the young person's 18 telephone number if the young person has consented to the 19 giving of the notice. 20 `(3) The QSA must, as soon as practicable after receiving 21 information under subsection (2), record the information in 22 the account.'. 23 Clause 5 Replacement of s 42 (Obligation to notify enrolment) 24 Section 42-- 25 omit, insert-- 26 `42 Obligation to notify information 27 `If a young person in the student account phase enrols in a 28 program or course with a provider, the provider must give 29 notice to the QSA of the following information-- 30

 


 

s6 6 s6 Youth Participation in Education and Training and Another Act Amendment Bill 2005 (a) the person's name and any previous names of the 1 person; 2 (b) the person's address; 3 (c) the person's date of birth; 4 (d) the eligible option in which the person is participating, 5 or proposes to participate, by the enrolment in the 6 program or course; 7 (e) the components of the eligible option being undertaken, 8 or proposed to be undertaken, by the person; 9 (f) the date of enrolment in the program or course; 10 (g) the date the person started, or proposes to start, to 11 comply with the provider's attendance requirements for 12 the program or course; 13 (h) whether the person's participation in the eligible option 14 is, or will be, full-time; 15 (i) the name, and type, of the provider.'. 16 Clause 6 Amendment of s 43 (Obligation to open an account) 17 Section 43(3)-- 18 omit, insert-- 19 `(3) On receiving the request, the provider must open a student 20 account for the young person by giving notice to the QSA of 21 the following information relating to the person-- 22 (a) the information mentioned in section 40(a) to (f) and (i); 23 (b) the eligible option of the provider in which the person is 24 participating or proposes to participate; 25 (c) whether the person's participation in the eligible option 26 is, or will be, full-time; 27 (d) any other eligible options in which the person is 28 participating, or has participated, since starting the 29 compulsory participation phase of which the provider is 30 aware.'. 31

 


 

s7 7 s8 Youth Participation in Education and Training and Another Act Amendment Bill 2005 Clause 7 Insertion of new s 43A 1 After section 43-- 2 insert-- 3 `43A Young person's telephone number 4 `(1) Subsection (2) applies if a student account is opened for a 5 young person under section 43(3). 6 `(2) The provider opening the account may, when opening the 7 account, give notice to the QSA of the young person's 8 telephone number if the young person has consented to the 9 giving of the notice. 10 `(3) The QSA must, as soon as practicable after receiving 11 information under subsection (2), record the information in 12 the account.'. 13 Clause 8 Amendment of s 44 (Obligation to notify other matters) 14 (1) Section 44(2)-- 15 omit, insert-- 16 `(2) The provider must give notice to the QSA, at the times 17 prescribed under a regulation, of the following matters-- 18 (a) if the provider is aware that information, previously 19 notified to the QSA under this part, has changed or is 20 incorrect--the new or correct information; 21 (b) if the person stops being enrolled with the provider--the 22 date the person stopped being enrolled with the 23 provider; 24 (c) if the person dies and the provider is aware of the 25 death--the death. 26 27 Note-- 28 The provider is also required to give the QSA certain information about 29 the person's results. See the QSA Act, section 18A.'. (2) Section 44(3), `40(e)'-- 30 omit, insert-- 31 `40(g)'. 32

 


 

s9 8 s9 Youth Participation in Education and Training and Another Act Amendment Bill 2005 Clause 9 Amendment of s 46 (Use and disclosure by the QSA) 1 (1) Section 46(5), from `young'-- 2 omit, insert-- 3 `stated young person or all young persons who, according to 4 the person's student account or the persons' student 5 accounts-- 6 (a) is or are in the compulsory participation phase; and 7 (b) has or have stopped being enrolled with a provider; and 8 (c) after a period of at least 3 months, has or have not 9 re-enrolled with a provider.'. 10 (2) Section 46(6)-- 11 renumber as section 46(7). 12 (3) Section 46-- 13 insert-- 14 `(6) If there is a student account for a person, the QSA must give 15 the person access to the information recorded in the account.'. 16 (4) Section 46(7), as renumbered, definition prescribed 17 information-- 18 omit, insert-- 19 `prescribed information, about a young person mentioned in 20 subsection (5), means the following information recorded in 21 the person's student account-- 22 (a) name and any previous names; 23 (b) address and telephone number; 24 (c) date of birth; 25 (d) the date the person stopped being enrolled with the 26 provider; 27 (e) any eligible option in which the person is participating 28 and the components of the eligible option being 29 undertaken by the person; 30 (f) the name, and type, of the provider for an eligible option 31 mentioned in paragraph (e); 32

 


 

s 10 9 s 12 Youth Participation in Education and Training and Another Act Amendment Bill 2005 (g) any eligible option in which the person was participating 1 immediately before the person stopped being enrolled 2 with the provider and the components of the eligible 3 option that were being undertaken by the person; 4 (h) the name, and type, of the provider for an eligible option 5 mentioned in paragraph (g).'. 6 Clause 10 Insertion of new s 48A 7 Before part 5-- 8 insert-- 9 `48A Closing of account 10 `(1) This section applies if-- 11 (a) there is open a student account for a young person; and 12 (b) the person dies. 13 `(2) The QSA must, as soon as practicable after becoming aware 14 of the death, close the account.'. 15 Clause 11 Amendment of s 58 (Consultation about proposed 16 regulations) 17 Section 58, `40(d)'-- 18 omit, insert-- 19 `40(i)'. 20 Clause 12 Amendment of s 59 (Aggregated information) 21 Section 59(2), definition aggregated information, `46(6)'-- 22 omit, insert-- 23 `46(7)'. 24

 


 

s 13 10 s 15 Youth Participation in Education and Training and Another Act Amendment Bill 2005 Clause 13 Amendment of s 60 (Transitional) 1 Section 60, `stopped being of compulsory school age'-- 2 omit, insert-- 3 `turned 15 years or completed year 10'. 4 Clause 14 Amendment of s 61 (Confidentiality) 5 Section 61(2), from `, disclose' to `access to'-- 6 omit, insert-- 7 `or disclose'. 8 Clause 15 Replacement of s 91 (Insertion of new s 166E of Act No. 9 30 of 1989) 10 Section 91-- 11 omit, insert-- 12 `91 Insertion of new s 166E 13 Part 11, division 4, after section 166D-- 14 insert-- 15 `166E Compulsory school age 16 `(1) Despite section 4A(1), a person who was at least 15 years on 17 31 December 2005 is not of compulsory school age. 18 `(2) Subsection (3) applies to a person who-- 19 (a) was less than 15 years on 31 December 2005; and 20 (b) had completed year 10 before 1 January 2006. 21 `(3) Despite section 4A(2), the person-- 22 (a) is of compulsory school age while the person is less than 23 15 years; and 24 (b) is no longer of compulsory school age on turning 15 25 years.'.'. 26

 


 

s 16 11 s 17 Youth Participation in Education and Training and Another Act Amendment Bill 2005 Clause 16 Amendment of s 98 (Insertion of new s 18A of Act No. 1 of 1 2002) 2 (1) Section 98, heading, `s 18A'-- 3 omit, insert-- 4 `ss 18A and 18B'. 5 (2) Section 98, after inserted section 18A-- 6 insert-- 7 `18B Information about results to be recorded in student 8 account 9 `(1) This section applies if-- 10 (a) there is open a student account for a young person under 11 the Youth Participation in Education and Training Act 12 2003, part 4; and 13 (b) the authority receives information about the person 14 under section 18A. 15 `(2) The authority must, as soon as practicable after receiving the 16 information, record the information in the account.'.'. 17 Clause 17 Replacement of s 102 (Amendment of s 7 (Definitions) of 18 Act No. 42 of 1992) 19 Section 102-- 20 omit, insert-- 21 `102 Amendment of s 11 (Act not to apply to certain 22 bodies etc.) 23 `(1) Section 11(1)(y)-- 24 insert-- 25 `(viii)aggregated information as defined under the Youth 26 Participation in Education and Training Act 2003, 27 section 46(7).'. 28 `(2) Section 11(4), definition education agencies-- 29 insert-- 30 `(c) the department in which the Youth Participation in 31 Education and Training Act 2003 is administered.'.'. 32

 


 

s 18 12 s 22 Youth Participation in Education and Training and Another Act Amendment Bill 2005 Clause 18 Omission of s 103 (Amendment of s 11 (Act not to apply 1 to certain bodies etc.) of Act No. 42 of 1992) 2 Section 103-- 3 omit. 4 Clause 19 Amendment of sch 2 (Dictionary) 5 Schedule 2, definition registered teacher-- 6 omit, insert-- 7 `registered teacher see the Education (Queensland College of 8 Teachers) Act 2005, schedule 3.'. 9 Part 3 Amendment of Education 10 (General Provisions) Act 1989 11 Clause 20 Act amended in pt 3 12 This part amends the Education (General Provisions) Act 13 1989. 14 Clause 21 Amendment of s 2 (Interpretation) 15 Section 2(1), definition school of distance education, 16 paragraph (a)-- 17 omit, insert-- 18 `(a) a State school providing distance education; or'. 19 Clause 22 Amendment of s 24 (Instruction to be free) 20 Section 24-- 21 insert-- 22 `(2) This section applies subject to section 24A.'. 23

 


 

s 23 13 s 24 Youth Participation in Education and Training and Another Act Amendment Bill 2005 Clause 23 Insertion of new s 24A 1 After section 24-- 2 insert-- 3 `24A Fee for distance education provided by a State 4 school 5 `(1) This section applies to a person enrolled in a program of 6 distance education at a State school. 7 `(2) The fee prescribed under a regulation must be paid for the 8 provision of distance education to the person under the 9 program. 10 `(3) Despite subsection (2), the fee is not payable in the 11 circumstances prescribed under a regulation.'. 12 Clause 24 Amendment of s 152 (Regulation-making power) 13 Section 152(2)(a), after `the fees are payable,'-- 14 insert-- 15 `the refunding of fees'. 16

 


 

14 Youth Participation in Education and Training and Another Act Amendment Bill 2005 Schedule Other amendments of the 1 Youth Participation in 2 Education and Training Act 3 2003 4 section 3 5 1 Section 17(2)-- 6 omit, insert-- 7 `(2) Subsection (1) does not apply to suspension from a State 8 educational institution under the EGP Act if the person has 9 been placed in an alternative education program under section 10 30 of that Act. 11 12 Note-- 13 Section 14(1) and (3)(b) provide for how the person participates in the 14 alternative education program.'. 2 Schedule 2, definition external program, paragraph (a), 15 `educational'-- 16 omit, insert-- 17 `education'. 18 © State of Queensland 2005

 


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