Education Act Amendment Act 1973 (Qld)

272 ueetl •[nub ANNO VICESIMO SECUNDO ELIZABETHAE S ECU N D A E REGI NA E No. 31 _ of 1 9 73 An Act to amend the EducationAct 1964-1970 in certain Particulars [ASSENTED TO 19TH APRIL, 1973] 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 1973. (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 Act1964-1973.

Education Act Amendment Act 1973, No. 31 273 2. Amendment of s. 4 . Section 4 of the Principal Act is amended by inserting after the term " Director-General " and its meaning the following term and meaning:- " " Financial year "-Where occurring in Division V of Part VIIIA of this Act- (a) with respect to the Board of Advanced Education or a Council of a college of advanced education, the period of twelve calendar months ending on the thirty-first day of December; (b) with respect to the Board of Teacher Education, the. period of twelve months ending on the thirtieth day of. June; ". 3. Amendment of s. 9A. Section 9A of the Principal Act is amended by adding thereto, after the words " shall direct ", the following:- 6t or (h) be reconveyed to the donor or, should the donor not be living at the time in question, be conveyed to such person or persons as the Governor in Council may direct.". 4. Amendment of s. 51B (1). Subsection (1) of section 51B of the Principal Act is amended by- (a) omitting from paragraph (b) the words " Commonwealth Committee " and inserting in their stead the words "Australian Commission "; (b) omitting from paragraph (d) the words " and awards "; (c) inserting the following new paragraph (e):- (e) to be the accrediting autho-rity for awards conferred by colleges of advanced education;"; (d) relettering paragraphs (e), (f), (g), (h), (i) and (j) as paragraphs (f), (g), (h), (i), (j) and (k) respectively; (e) in paragraph (g) (as so relettered)- (i) inserting after the words " classes or courses " the words " , save in connexion with enrolments in those classes or courses in respect of which the Board determines, having regard to the nature and duration thereof and any other matters it considers relevant in relation thereto, that its approval is not necessary,"; (ii) omitting the words " other services " and inserting in their stead the words "such other services as the Board may from time to time determine ". 5. Amendment of s. 51D (1). Subsection (1) of section 51D of the Principal Act is amended by, in paragraph (c), omitting the words " awards and to determine minimum requirements therefor;" and inserting in their stead the words " courses for the purpose of registration;". 6. Amendment of s. 51E (3). Subsection (3) of section 51E of the Principal Act is amended by- (a) in paragraph (v)- (i) omitting the word " teaching ";

274 Education Act Amendment Act 1973, No. 31 (ii) adding after the word " by-laws " the words " save in the case of a Council first constituted in which case such staff members shall be elected by the staff of the college in such manner as the Minister may determine "; (b) in paragraph (vi), adding, after the word " by-laws " the. words " save in the case of a Council first constituted in which case such enrolled students shall be elected by the student body in such manner as the Minister may determine ". 7. Am endment of s. 51F (2). Subsection (2) of section 51F of the Principal Act is amended by- (a) in paragraph (b), omitting the words " and issue certificates in accordance with the by-laws;" and inserting in their stead the words " as designated by the Board of Advanced Education;"; (b) in paragraph ( e), inserting after the words " officer of the college " the words " , or to the holder of some other office in the college,"; (c) in paragraph (g), omitting the words " in accordance with the by-laws ". 8. A m endment of s. 58 . Section 58 of the Principal Act is amended by inserting after subsection ( 2) the following subsection.:- " (2A) (a) Subsections ( 1) and (2 ) of this section do not apply in the case of a casual vacancy arising in the membership of a Council or a Board in respect of a member nominated by the Minister. (b) Where a casual vacancy occurs in respect of a member nominated by the Minister , the Minister shall nominate a person to fill' such casual vacancy, and subsection ( 3) of this section applies in respect of the appointment of the person so nominated.". 9. Amendme n t of s. 62. Section 62 of the Principal Act is amended by omitting "the words " forty-three of this Act or of paragraph (ii) of subsection (2) of section forty-six " and inserting in their stead the word " thirty-six ". 10. Amendm ent of s. 62C (1). Subsection (1) of section 62c of the Principal Act is amended by- (a) omitting from paragraph (viii) the words " of the Council "; (b) omitting paragraphs (x) and (xi) and renumbering paragraphs (xii), (xiii ) and (xiv) as paragraphs (x), (xi) and (xii) respectively; (c) omitting paragraph (xv) and renumbering paragraph (xvi) as paragraph (xiii); (d) omitting paragraph (xvii) and renumbering paragraphs (xviii) and (xix) as paragraphs (xiv) and (xv) respectively. 11. Amendment of s. 62E. Section 62E of the Principal Act is amended by inserting after subsection (7) the following subsection:- " (8) The working of overtime by employees of the Board of Advanced Education, the Board of Teacher Education and Councils of colleges of advanced education who are paid a salary in excess of an amount which the Governor in Council, who is hereby thereunto authorized, determines from time to time for the purpose and remuneration in respect of such overtime shall be in the discretion of the respective Boards and Councils.".

Education Act Amendment Act 1973, No. 31 275 12. Amendment of s. 62F. Section 62F of the Principal Act is amended by- (a) omitting the word " Public " wherever occurring in the expression " Public Service Superannuation Fund " and inserting in its stead in each case the word " State "; (b) inserting after subsection (3) the following subsection:- " (4) Notwithstanding the provisions of subsection (3) of this section, a person to whom that subsection applies may, in lieu of being a contributor to the State Service Superannuation Fund, contribute to any superannuation or provident scheme approved from time to time by the Governor in Council, subject to such conditions as the Governor in Council thinks fit. A person who contributes to a superannuation or provident scheme approved by the Governor in Council in lieu of the State Service Superannuation Fund shall not be, or be deemed to be, an officer within the meaning of the Public Service SuperannuationAct1958-1972 or the State Service Superannuation Act1972 as the case requires.". 13. Al i' i : of s. 62G. Section 62G of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words " which shall be divided into parts each of which shall relate to a prescribed class of teachers "; (ii) omitting all words commencing with the words " shall be entered " to the end of the subsection and inserting in their stead the words " entitled to be registered shall be entered therein."; (b) in subsection (2), omitting the words " a part of "; (c) inserting after subsection (2) the following subsection:- (3) The Board may provide for- (a) the registration of a person as a provisional registration where that person satisfies the Board that he is of good character but does not satisfy the Board in all other respects pursuant to section 62H of this Act; (b) the cancellation of such provisional registration in such circumstances as the Board may determine, either generally or in a particular case; (c) registration in accordance with this Division in lieu of provisional registration where the requirements of the Board are satisfied in all respects pursuant to section 62H of this Act."; (d) renumbering the existing subsection (3) as subsection (4); (e) inserting after subsection (4) as so renumbered the following subsections:- " (5) (a) The Governor in Council may by notification published in the Gazette appoint a day after which a person who is not a registered teacher (including a provisionally registered teacher) under this Division shall not, except as authorized by the Board in circumstances considered by it to be exceptional circumstances, be employed in any school providing regular instruction in a range of subjects.

276 Education Act Amendment Act 1973, No. 31 (b)' A person shall not, at any time after the day appointed by the Governor in Council pursuant to paragraph (a) of this subsection, employ as a teacher in any school providing regular instruction in a range of subjects any person who is not a registered teacher (including a provisionally registered teacher) under this Division unless authorized by the Board in accordance with the said paragraph (a). Penalty: Fifty dollars. (c) In this subsection the term " school means a primary school, a secondary school or a special school, or any other school, college, institution or place notified by the Governor in Council, either generally or in respect of a particular school, college, institution or place or class or type thereof, by notification published in the Gazette (he being hereunto authorized so to do), as a school for the purposes of this subsection. (6) In this section and in the other sections of this Division, the term "teacher" means any person who in the opinion of the Board is of good character and whose qualifications and experience are such as in the opinion of the Board to entitle him to be registered pursuant to this Division.". 14. Amendment of s. 62H. Section 62H of the Principal Act is amended by- (a) omitting the words registration in a part of the Register " and inserting in their stead the words be registered "; (b) omitting the words " in that part of the Register ". 15. Amendment of s. 62t. Section 621 of the Principal Act is amended by inserting after subsection (4) the following subsections:- (4A) The Board may itself make an inquiry referred to in paragraph (b) of subsection (2) of this section or may cause the inquiry to be made by a committee of inquiry appointed by it for the purpose. (4s) The composition of such a committee shall be, until the Governor in Council otherwise prescribes, a chairman who shall be appointed from among the members of the Board and four other persons who are registered practising teachers. (4c) The Board or committee, as the case may be, shall make inquiry into the matter in question and in respect thereof shall have all the powers, authorities, rights, privileges, protection and jurisdiction of a Commission of Inquiry under The Commissions of Inquiry Acts 1950 to 1954 save such as are confined to a chairman of a Commission when that chairman is a Judge of the Supreme Court and, subject as aforesaid, the provisions of those Acts shall be applicable accordingly. (4u) Where an inquiry is made by a committee, the committee shall, on completion of the inquiry, report its findings and recommendations to the Board, and the Board, in making any decision or determination in relation to the inquiry, shall take those findings and recommendations into consideration.

EducationAct e n ,ment Act 1973, No. It 277 (4a) Without limiting the provisions of section 62L of this Act, by- laws may be made by the Board under that section with respect to the number constituting a quorum of a committee, majority and minority findings and recommendations of a committee , and the practice and procedure of a committee generally.". 16..' c" s. 62m (5). Subsection (5) of section 62M of the Principal Ac' i,^ ar tended by- (a) in, .r g after the words "raised by loan" the words "for capital project, "; (t i g at the end of the first paragraph, after the words " section 62v of this Act " the words " other than for the purpose of works or sific items provided for in the annual budget of a Council approved by the Board in respect of- (i) preliminary planning; or (ii) individual minor works not exceeding in cost the sum of $7,500 or the purchase of an individual item of equipment not exceeding in cost the sum of $6,000, or such other amounts as the Minister may from time to time determine (he being hereunto authorized so to do) either generally or in a specific case with respect to a particular minor -works project or a particular item of equipment "; (c) omitting the expression " (e) " occurring after the expression 51 n (1) " and inserting in its stead the expression " (f)". 17. Repeal c' ' : v s. 62N. Section 62N of the Principal Act is repealed and the followi- 3r section is inserted in its stead:- 62N. Ac-4 a nts and Audit. (1) The Board of Advanced Education, the Board of Teacher Education and each Council of a college of advanced education shall cause to be kept in relation to the funds and assets of the Board or Council such accounting and associated records as shall correctly record and explain all transactions. (2) The Board or Council shall, as soon as practicable after the close of each financial year, prepare and transmit to the Minister statements of accounts in respect of that year as at its close in the form approved by the Auditor-General. Prior to such transmission the Auditor-General shall certify whether or not the statements of accounts submitted exhibit a true and fair view. of the financial transactions of the Board or Council for the period to which they relate. (3) The Auditor-General or an officer authorized by him shall audit the accounts and records of financial transactions of the Board or Council. In the case of the Board of Advanced Education or a Council, the cost of the audit shall be met by that Board or Council. With respect to the audit in the case of the Board of Teacher Education, the Auditor-General or an officer authorized by him shall have all the powers and authorities conferred upon the Auditor-General by the Audit Act 1874-1968.

278 Education Act Amendment Act 1973, No. 31 (4) The Auditor-General shall at least once in each year report to the Board or Council the results of the audit carried out under subsection ( 3) of this section and, if he considers it necessary, shall make recommendations to the Board or Council in regard to the conduct of the financial transactions of the Board or Council and the manner of operating and maintaining the accounts. (5) The Board or Council shall give due consideration to the report and recommendations , if any, of the Auditor - General made under subsection ( 4) of this section. (6) The Auditor-General or an officer authorized by him shall have a right of access at all reasonable times to the accounting and associated records of the Board or Council and shall be entitled to require from an officer or employee of the Board or Council such information and explanation as he considers necessary for the purpose of the audit and the person shall comply with the requirement. (7) The Auditor- General shall transmit to the Minister through the Treasurer a copy of any report and recommendations made by him - under sub sec tion ( 4) of this section an," shall include in his annual report to Parliament such mafr^°s wlating to the financial transactions for the year as he may ro- ',,:°- ; ecessary.". 18. A- c s. 62P. Section 62P of the Principal Act is amended by- (a) omitti_. subsection (1) and inserting in its stead the following subsection:- "fl) Before the thirty-first day of May in each year the Board of Teacher Education shall adopt and before the thirtieth day of September in each year the Board of Advanced Education shall adopt and a Council shall adopt and lodge with the Board of Advanced Education a budget iii respect of each fund maintained wherein the Board or Council, as the case may be, shall estimate as accurately as possible- (a) the amount to be disbursed by the Board or Council from that fund during the year ending on the thirtieth day of June in the year next following in the case of the Board of Teacher Education and during the year ending on the thirty-first day of December in the year next following in the case of the Board of Advanced Education and of a Council in the proper exercise by the Board or Council of its functions and powers under this Act and in giving effect to the provisions of this Act; (b) the amount to be -eceiyed from all sources by the Board of Teacher Education during the year ending on the thirtieth day of June in the year next following and by the Board of Advanced Education or a Council during the year ending on the thirty-first day of December in the year next following."; (b) omitting from the second paragraph of subsection (3) the words or Council " and inserting in their stead the words " of Teacher Education ";

Education A ct Amendment Act 1973, No. .31 279 (c) inserting after subsection (3) the following subsection:- " (4) The Board of Advanced Education may, in respect of a Council, amend a budget approved by it in accordance with the provisions of paragraph (f) of subsection (1) of section 51n of this Act and the provisions of this section, and any such budget as so amended shall be binding on the Council in question."; (d) renumbering the existing subsection (4) as subsection (5).