Education Act Amendment Act 1970 (No. 2) (Qld)

537 Qlleemfiln^ ANNO NONODECIMO ELIZABETHAE SECUNDAE REGINAE No. 47 of 1970 An Act to Amend the EducationAct 1964-1970 in certain particulars [ASSENTED TO 21ST DECEMBER, 1970] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Education Act Amendment Act 1970 (No. 2). (2) The Education Act 1964-1970 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Education Act1964-1970. 2. Commencement of Act . This Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. 3. Amendment of s. 2 . Section 2 of the Principal Act is amended by- (a) omitting those words commencing with the words " PART VI " and concluding with the words " Board of Senior Secondary School Studies; " and inserting in their stead the following words:-

538 Education Act AmendmentAct (No. 2)1970, No. 47 "PART VI-SECONDARY SCHOOL STUDIES AND ASSESSMENT OF STUDENTS; Division I-Board of Secondary School Studies; Division 11-Officers of the Board of Secondary School Studies; Division III-By-laws of the Board of Secondary School Studies;"; (b) in that part of the section commencing with the words PART VIII "- (i) omitting the word " JUNIOR "; (ii) omitting the words " THE BOARD OF SENIOR SECONDARY SCHOOL STUDIES,". 4. Amendment of s. 4 . Section 4 of the Principal Act is amended by- (a) inserting after the term " Blind " the following term:-- " " Board subject "-Any subject for which a syllabus has been approved by the Board of Secondary School Studies constituted under this Act;"; (b) inserting after the term " Primary School " the following terms:- " " Principal " or " Head teacher "-The person in charge of a school or college; " Pupil " or " Student "-A person enrolled in a school or college;". 5. Amendment of s. 5. Section 5 of the Principal Act is amended by inserting after subsection (3) the following subsection:- " (4) The Director-General may establish rules or institute procedures, not inconsistent with this Act, for the efficient working of the Department.". 6. New s. 5A. The Principal Act is amended by inserting after section 5 as amended by this Act the following section:- " 5A. Power of delegation by Director-General . (1) The Director-General may either generally or otherwise as provided by the instrument of delegation, by writing under his hand, delegate to any person or holder of an office all or any of his powers, authorities and functions (other than this power of delegation) under this Act. (2) A power, authority or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation. (3) Where the exercise or performance of a power, authority or function so delegated depends upon the opinion, belief or state of mind of the Director-General in relation to any matter, that power or authority may be exercised and that function may be performed upon the opinion, belief or state of mind of the delegate. (4) A delegation under this section may be varied or revoked at will and does not prevent the exercise of a power or authority or the performance of a function by the Director-General or the making by him of a further delegation of that power, authority or function.".

Education Act Amendment Act (No. 2)1970, No. 47 539 7. Amendment of s. 12 . Section 12 of the Principal Act is amended by inserting after subsection (2) the following subsection:- " (3) (a) With the approval of the Minister, an association may from time to time enter into agreements having as their object the provision of amenities or improvements at the State school for which it is formed or the benefit generally of the children attending that State school. (b) The association shall deal with any funds coming into its hands pursuant to the entering into any such agreement in manner prescribed by this section and, subject thereto, as the Minister directs or, in the absence of any direction, as the association deems fit. (c) The approval of the Minister may be given generally in respect of any class of agreement as well as in respect of any particular agreement. (d) The regulations may prescribe conditions under which agreements may be entered into by an association and terms and conditions required to be incorporated in agreements so entered into.". 8. Amendment of s. 16 . Section 16 of the Principal Act is amended by omitting the word " buildings " and inserting in its stead the word " premises ". 9. Repeal of Part VI . (1) Section 42 of the Principal Act and the headings "PART VI-SECONDARY SCHOOL COURSES OF STUDY AND EXAMINATIONS " and " Division I-Examination Certificates " immediately preceding that section are repealed. (2) Sections 43, 44 and 45 of the Principal Act and the heading " Division II-Board of Junior Secondary School Studies " immediately preceding section 43 are repealed. (3) Sections 46, 47 and 48 of the Principal Act and the heading " Division III-Board of Senior Secondary School Studies " immediately preceding section 46 are repealed. 10. New Part VI. The Principal Act is amended by inserting after section 35 the following headings and section:- "PART VI-SECONDARY SCHOOLS STUDIES AND ASSESSMENT OF STUDENTS Division I-Board of Secondary School Studies 36. Constitution of Board . (1) There shall be constituted a Board to be called the " Board of Secondary School Studies " which shall consist of such members as the Governor in Council from time to time prescribes by Order in Council published in the Gazette. (2) Until the Governor in Council otherwise prescribes, the Board. shall consist of- (i) a person appointed by the Governor in Council to be and who shall be chairman; (ii) eight nominees of the Director-General, of whom at least three shall be practising teachers;

540 Education Act AmendmentAct (No. 2)1970, No. 47 (iii) two nominees of the Senate of the University of Queensland and one nominee of the Council or other governing body of each other University in the State at any time; (iv) one representative of colleges of advanced education, other than teachers colleges, nominated by the Minister in accordance with the procedure prescribed; (v) one representative of teachers colleges nominated by the Minister in accordance with the procedure prescribed; (vi) four teachers employed in Queensland non-government secondary schools nominated by the Minister in accordance with the procedure prescribed; (vii) two nominees of the Queensland Teachers' Union; (viii) one nominee of the Queensland Association of Teachers in Independent Schools, being a teacher in a non-government secondary school; (ix) the executive officer of the Board who shall be an ex officio member. (3) The members of the Board, determined in accordance with this Act, shall be appointed by the Governor in Council by notification published in the Gazette. (4) The term of office of members of the Board (other than the ex officio member) first constituted under this Act shall be five years, and such members shall, if otherwise qualified, be eligible for re-appointment, the period of any subsequent term being four years. The provisions of section 56 of this Act apply subject to this subsection. (5) The members of the Board shall appoint from among their number a person to be deputy chairman of the Board and such person, subject to this Act, shall be deputy chairman for such period, not exceeding the term for which he is appointed as a member, as the Board determines.". 11. New s. 37. The Principal Act is amended by inserting after section 36 as inserted by this Act the following section:- " 37. Functions and powers of the Board . (1) The functions of the Board of Secondary School Studies shall be- (a) to advise the Minister on secondary education, regard being had to the requirements of a sound general education and to the specific needs of students related to their age, aptitude, ability and special interests; (b) to issue Junior Certificates and Senior Certificates in accordance with the regulations; (c) to approve syllabuses for those subjects designated or to be designated Board subjects on Junior Certificates and on Senior Certificates; (d) to determine procedures for the assessment of students for the award of Junior Certificates and of Senior Certificates;

Education Act Amendment Act (No. 2)1970, No. 47 541 (e) to make such arrangements as are deemed necessary for the assessment of students for the award of Junior Certificates and of Senior Certificates; (f) to appoint, pursuant to the provisions of this Division of this Part, a moderation committee and subject advisory committees, and to appoint such other committees as it deems necessary from time to time to assist it to perform its functions; (g) to arrange with the Department and with such schools, persons and authorities as it thinks fit for the services of suitable persons as moderators for such periods and on such terms (including payment of salaries, fees and allowances, if any) as the Governor in Council may from time to time determine; (h) to confer and collaborate with the Department in the performance of the Board's functions and the exercise of the Board's powers; (i) to make recommendations to the Minister with respect to the annual appropriation of funds required for the purpose of adequately performing its functions; (j) to make by-laws pursuant to the provisions of section 45 of this Act; (k) to furnish to. the Minister as soon as practicable, but not more than three months after the thirty-first day of December in each year, a report of its work and activities during the year; (1) to perform any additional functions prescribed by the Governor in Council. (2) The Board shall have and may exercise such powers and authorities as are incidental to the proper discharge by it of any of its functions under this Act, or as the Governor in Council from time to time prescribes by Order in Council.". 12. New ss. 38 and 39. The Principal Act is amended by inserting after section 37 as inserted by this Act the following sections:- " 38. Moderation committee . The Board of Secondary School Studies shall appoint a moderation committee as and in manner prescribed. 39. Functions and powers of the moderation committee. (1) The functions of the moderation committee shall be- (a) to perform on behalf of the Board such functions as are necessary to give effect to the Board's policies regarding procedures for moderation of assessments for the award of Junior Certificates and of Senior Certificates; (b) to keep the Board informed about current examining practices in Queensland schools; (c) to advise the Board of persons qualified to act as moderators; (d) to advise the Board on such matters as the Board refers to it.

542 Education Act AmendmentAct (No. 2)1970, No. 47 (2) The moderation committee shall have and may exercise such powers and authorities as are incidental to the proper discharge by it of any of its functions under this Act.". 13. New ss. 49 and 41 . The Principal Act is amended by inserting after section 39 as inserted by this Act the following sections:- " 40. Subject advisory committees . The Board of Secondary School Studies shall appoint, as and in manner prescribed, subject advisory committees for subjects or groups of subjects studied or proposed for study as Board subjects in Queensland secondary schools. 41. Functions and powers of subject advisory committees. (1) The functions of a subject advisory committee shall be- (a) to make recommendations to the Board concerning the broad framework of the syllabus or syllabuses in the subject or the group of subjects for which the committee is appointed; (b) to make recommendations to the Board with respect to the matter of syllabuses in subjects proposed to the Board by schools, subject associations and other interested bodies where such matter is referred to it by the Board; (c) to make recommendations to the Board on such other matters as the Board refers to it. (2) A subject advisory committee shall have and may exercise such powers and authorities as are incidental to the proper discharge by it of any of its functions under this Act.". 14. New ss. 42 and 43 . The Principal Act is amended by inserting after section 41 as inserted by this Act the following sections:- " 42. Accounts and audit - provisions . The provisions of Division V of Part VIVA of this Act apply, with all necessary adaptations, to the Board of Secondary School Studies as though in each case a reference therein to the Board of Teacher Education is a reference to the Board of Secondary School Studies. 43. Proceedings in relation to the Board . (1) Proceedings in any court may be taken and prosecuted in the name of the Board of Secondary School Studies through the chairman or any person appointed in writing for the purpose by the chairman. (2) Every court of law shall take judicial notice of the signature of the chairman to any such appointment. (3) In any such proceedings it shall not be necessary to prove the authority of the person by or through whom the same are taken or prosecuted or the due appointment of any member of the Board. (4) Proceedings in any court may be taken against the Board in its name, the " Board of Secondary School Studies ".".

Education Act Amendment Act (No. 2)1970, No. 47 543 15. New heading and new s. 44. The Principal Act is amended by inserting after section 43 as inserted by this Act the following heading and section:- Division II-Officers of the Board of Secondary School Studies 44. Appointment of officers . (1) The executive officer of the Board of Secondary School Studies shall be appointed by the Governor in Council under and in accordance with the Public Service Act1922-1968 and he shall hold his appointment subject to and in accordance with that Act. (2) The Governor in Council may appoint under and in accordance with the Public Service Act1922-1968 such officers as may be deemed necessary for carrying out the provisions and objects of this Part of this Act. (3) An officer of the Public Service of Queensland may, in addition to the position to which he is appointed, be appointed to and hold concurrently with that position an office for the carrying out of the provisions and objects of this Part of this Act.". 16. New heading and new s. 45. The Principal Act is amended by inserting after section 44 as inserted by this Act the following heading and section:- Division III-By-laws of the Board of Secondary School Studies 45. Board of Secondary School Studies may make by-laws. (1) The Board of Secondary School Studies may from time to time make by-laws not inconsistent with this Act or the regulations for or with respect to- (i) the assessment of student achievement; (ii) examinations, including the fees (if any) charged in relation thereto; (iii) moderation of assessments; (iv) committees appointed pursuant to this Part; (v) the award of certificates; (vi) such other matters as may from time to time be necessary or convenient for the carrying into effect of the several provisions, objects and purposes of this Pa.-- of this Act. (2) The Board may by by-law repeal, rescind, revoke, alter, vary, amend or otherwise modify any by-law or part of a by-law. (3) A by-law may authorize the Board to make rules for the carrying into effect of all or any of the provisions and objects of the by-laws. (4) All rules made pursuant to any by-law by the Board shall be in full force and effect on and from the day on which they are promulgated in accordance with the by-law under which they are made or on and from such later date as may be specified in the rule, and the production of a copy of any such rule verified by the Board is sufficient evidence of the making and authenticity of the same in all courts and before all persons acting judicially.

544 Education Act AmendmentAct (No. 2)1970, No. 47 (5) Every by-law made by the Board shall be submitted to the Minister and by him to the Governor in Council. The Governor in Council may in his discretion approve any by-law. A by-law has no effect unless and until approved by the Governor in Council. (6) The provisions of subsection (6) of section 62L of this Act are applicable to by-laws made pursuant to this section.". 17. Amendment of beading to Part VIII . The Principal Act is amended by, in the heading immediately preceding section 52- (a) omitting the word " JUNIOR "; (b) omitting the words " THE BOARD OF SENIOR SECONDARY SCHOOL STUDIES,". 18. Amendment of s. 53. Section 53 of the Principal Act is amended by, in the meaning of the term " Board "- (a) omitting the word " Junior "; (b) omitting the words "Board of Senior Secondary School Studies,". 19. Transitional . (1) The Board of Junior Secondary School Studies and the Board of Senior Secondary School Studies constituted under the Principal Act and subsisting immediately prior to the coming into operation of this Act shall, notwithstanding anything contained in this Act, continue in being and may exercise and perform the powers, functions and duties conferred and imposed upon them by the Principal Act until the Board of Secondary School Studies is first constituted under the Principal Act as amended by this Act whereupon they shall cease to exist. (2) After the Board of Junior Secondary School Studies ceases to exist, the Board of Secondary School Studies shall exercise and perform such of the powers, functions and duties conferred and imposed upon the Board of Junior Secondary School Studies prior to its ceasing to exist as it may be necessary to exercise and perform in connexion with the completion of the conduct of examinations for Junior Examination Certificates for 1970 and the issue of such certificates. (3) After the Board of Senior Secondary School Studies ceases to exist, the Board of Secondary School Studies shall exercise and perform-- (a) such of the powers, functions and duties conferred and imposed upon the Board of Senior Secondary School Studies prior to its ceasing to exist as it may be necessary to exercise and perform in connexion with the completion of the conduct of examinations for Senior Examination Certificates for 1970 and the issue of such certificates; (b) the powers, functions and duties conferred and imposed upon the Board of Senior Secondary School Studies prior to its ceasing to exist in connexion with the conduct of examinations for Senior Examination Certificates for 1971 and 1972 and the issue of such certificates. s