Education Act and Another Act Amendment Act 1987 (Qld)

961 ANNO T RICESIMO SEXTO FLIZA LE,"I AAE SE'7U AE REGINAE ,kn Act to am end the EducationAct 1964- 1987 in cer ta in particulars and the University o f Q ueensland Act 1965- 19 8 7 in a certain particular [ASSENTED TO 1ST DECEMBER, 1987]

962 Education Act and Another Act Amendment Act 1987, No. 70 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:- PART I-PRELIMINARY 1. This Act may be cited as the Education Act and Another ,--t A77®2ndment Act 1987. anent. (1) Section 1 and this section shall commence on t to ,. ,, pis Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1) this Act or the provisions thereof ci ed in the Proclamation shall commence on the day or days app i nted by Proclamation for the commencement of this Act or, as the ca,,. may be, those provisions. 3. 1 -7-_e ent of Act. This Act is divided into Parts as follows- l tT I-PRELIMINARY (ss. 1-3); ]ART II-AMENDMENT OF EDUCATION ACT 1964-1937 (ss. 4-61); PART III-AMENDMENT OF UNIVERSITY OF QUEENSLAND ACT 1965-1987 (ss. 62-63). PART 11-AMENDMENT OF EDUCATION ACT 1964-1987 4. Citation. (1) In this Part the Education Act 1964-1984 as amended by the Universities and Colleges (Higher Education AdministrationCharges) Act 1987 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as th Education Act 196:'-1987. is amen, _ 'by re_ ,w s. 2. Par ts and if 111' - s. The Principal Act v' ;,ecction 2 and substituting _-ie following section:- '42. . as follows:- This Act is arranged into Parts and Divisions PART I--PRELIMINARY (SS. 1-4); PART II-GENE RA L PROVISIONS (ss. 5 -1 3); Division I-General; Division II-Parents' and Citizens' Associations; PART III-STATE SCHOOLS (ss. 14-27); Division I -General; Division 1A-Pre-school Education; Division II-Primary Education; Division III-Secondary Education; Division IV Special Education; PART IV-COMPULSORY EDUCATION (ss. 28-33);

Education Act and Another Act Amendment Act 1987, No. 70 963 PART V-TECHNICAL AND FURTHER EDUCATION (ss. 34-35A); PART VI-COURSE ACCREDITATION ( ss. 36-38); PART VII-REGISTRATION OF TEACHERS (ss. 39-46); PART VIIA - ECONOMIC DEVELOPMENT (ss. 47-48); PART VIIB-COUNCILS OF COLLEGES OF ADVANCED EDUCATION (ss. 51E-51F); PART VIII-GENE RA L PROVISIONS RELATING TO THE QUEENSLAND POST-COMPULSORY COURSE ACCREDITATION COUNCIL, QUEENSLAND TEACHER REGISTRATION COUNCIL, ADVISORY COUNCIL ON EDUCATION FOR ECONOMIC DEVELOPMENT AND THE COUNCILS OF COLLEGES OF ADVANCED EDUCATION (ss. 53-62); PART VIIIA-GENERAL PROVISIONS RELATING TO COUNCILS OF COLLEGES OF ADVANCED EDUCATION (ss. 62A-62AE); Division I -Dealing with Land Vested in Council of a College of Advanced Education; Division 11-By-laws of Councils; Division III-Employees of Councils of Colleges of Advanced Education; Division IV-(repealed); Division V -Financial provisions; Division VI-The U ion;; PART IX- SCHOL STUDENTS ( s. 0); ND ALLOWANCES TO SCHOOL PART X-TEACHER EDUCATION (s. 64); PART XI-OTHER EDUCATIONAL INSTITUTIONS (s. 65); PART XII-MISCELLANEOUS (s. 66); SCHED ULE.". 6. A m endment of s. 4. Intl Act is amended by- Section 4 of the Principal (a) inserting after the definition "Accredit " the following definiti( Accredited ( 6< " course" - Any course or subject of a cot has been accredited by the Queensland Post-Co p-_ Course Accreditation Council constituted under this A (b) inserting in the definition "Advanced education" after the words "university education" the words "or technical and further education"; (c) inserting after the definition "Advanced education " the following definition:- "Advisory Council on Education for Economic Development" means the Council constituted under section 47;";

964 Education Act and Another Act Amendment Act 1987, No. 70 (d) omitting the definition " Board subject" and substituting the following definition:- "College of technical and further education "- any State college or other means of technical and further education established under Part V;"; (e) omitting the definition " Financial year " and substituting the following definition:- "Financial year"-where occurring in Division V of Part NIIIA with respect to a Council of a college of advanced education, the period of 12 calendar months ending on 31 December;"; (f) omitting from the definition "Full-time member" the words "Board or" where twice occurring; (g) inserting after the definition "Handicapped child" the following definition:- 64 44H er education"-Tertiary education other than technical and further education;"; (h) inserting after the definition "Minister" the following definition:- "non-State school"-Any school, other than a State school, that provides pre-school, primary, secondary or special education;"; (i) including after the definition " "Pupil" or "Student" " the following definitions:- "Queensland Post-Compulsory Course Accreditation Council" or "Accreditation Council"-The Council constituted under section 36; "Queensland Teacher Registration Council"-The Council constituted under section 39 ;"; (j) omitting the definition "Technical and further education" and substituting the following definition:- 64 "Technical and further education"-Tertiary education other than advanced education, higher education or university education;"; (k) omitting the definition "Tertiary education" and substituting the following definition:- "Tertiary education"-Education, other than primary or secondary education, offered wholly or primarily to students who have completed their primary and secondary education or who are above the age of compulsory attendance at school;".

Education Act and Another Act Amendment Act 1987, No. 70 965 7. New ss. 6A and 6B. The Principal Act is amended by inserting after section 6 the following sections:- "6A. Power of Minister to be member of corporations etc. (1) The Minister or a person authorized by him for that purpose, may- (a) become and be a member of any corporation, whether incorporated within or outside the State, or any committee, council, group or body, whether incorporated or not, that- (i) has among its objects education, training or research or any other matter associated with the process of learning or teaching; or (ii) in the opinion of the Minister, is engaged in the furtherance of education or training; and (b) enter into an agreement or agreements with any such corporation, committee, council, group or body in respect of any of those objects. (2) Nothing in subsection (1) (a) shall be construed as conferring authority on the Minister to undertake such membership other than by prior invitation from or agreement with the particular corporation, committee, council, group or body concerned. (3) It is hereby declared that the Minister or a person authorized by him for that purpose always did have the power specified in subsection (1) and all acts, agreements and payments made or entered into for those purposes shall have full force and effect. (4) Where pursuant to subsection (1) (a) the Minister is a member of any corporation, committee, council, group or body, the Minister may be a member of the directorate or other governing body of that corporation, committee, council, group or body. (5) The Minister may incur any liability and may pay such contributions as a membership ofd a corporation, committee, council, group or body, pursuant to subsection (1), entails. 6B. Production and sale of educational materials etc. (1) The Minister is authorized to produce and sell educational materials and services and to enter into an agreement with any person for those purposes and it is declared always has had those powers. (2) Nothing in subsection (1) shall be construed as conferring authority on the Minister to prescribe the use of any material or service produced pursuant to this section other than in a State

966 Education Act and Another Act Amendment Act 1987, No. 70 school, college of technical and further education or other educational institution established pursuant to section 65.". 8. New s. 16A . T he Principal Act is amended by inserting after section 16 the following section:- "16A. School records. ( 1) The principal of a State school shall keep or cause to be kept such school records as are prescribed by the regulations. (2) A person engaged in carrying this Act into effect shall preserve and aid in preserving secrecy with regard to all confidential matters concernin g any pupil contained in school records and in the records o f the Department and shall not communicate any such matter to any person except- (a) to a person authorized by the Director-General to receive such information; (b) to a lawfully constituted court or tribunal; or ( c) in the course of carrying out his approved duties. (3) A person shall not incur any liability on account of any thing done bona fide and without negligence for the purpose of this section for damage or injury alleged to arise by reason thereof.". 9. 1 of s. 3:. r to provide ft r etc. Section 35 of the Principal Act is amended by- (a) omitting pa ra graph ( d) and substituting the following paragraph:- "(d) the fees payable for instruction , assessment and other services provided therein;"; (b) omitting paragraph (f) and substituting the following p ara graph:- "(f) the establishment of facilities designed to support the conduct of technical and fu rth er education and the conditions on which the facilities may be used;"; (c) omitting paragraph ( h) and substituting the following paragraph:- "(h) the assessment of students and the granting of certificates, diplomas, degrees and other academic awards;"; (d) omitting p ar a gra ph ( i) an d substituting the following paragraph:- "(i) the use of such college premises, facilities , equipment and m aterials for purposes other than education;"; (e) inserting after pars ., raph ( i) the following paragraphs:- "(ia) the establish-erg - 4 and conduct of student organizations; (ib) the establis '. rac and conduct of college consultative committees; (ic) the enforcement of such occupational , health and safety conditions as the Minister considers necessary; (id) the establishment and conduct of research and consultancy centres , and the affi liation of a college with an educational or research establishment;"

Education Act and Another Act Amendment Act 1987, No. 70 967 10. Repeal of heading to Part VI and ss. 36 , 37 and 38. The Principal Act is amended by- (a) omitting the Part heading and Division heading immediately preceding section 36; (b) repealing sections 36 (Constitution of Board ), 37 (Functio powers of the B oard ) and 38 (Moderation committee). 11. R epeal of ss. repealing sections 3, 40 (Subject a1viE subject advisory c 41. The Principal Act is amended by p veers of tg in cc Ve), and 41 ks ._ c s r . ers of 12. Repeal of ss. 42, 43, 44 and heading . The Principal Act is amended by- (a) omitting the Division heading immediately preceding section 44; (b) repealing sections 42 (Accounts and audit provisions), 43 (Proceedings in relati to and 44 (Appoin tm ent of offi cers). 13. R epeal of .-=- c.--w s. : 5. B oard of Secondary School Studies may make by-laws. The Principal Act is amended by- (a) omitting the heading immediately preceding section 45; ( b) repealing section 45. 14. N e , . , . _ I s : nd ss. 36 to 4 8 . The Principal Act is amended by inserting after section 35A the following headings and sections:- "PART VI-COURSE ACCREDITATION 36. Constitution of Accreditation Council. (1) There shall be constituted a Council to be called the Queensland Post- Compulsory Course Accreditation Council which shall consist of (a) a nominee of the Minister who shall in his appointment be designated and shall be Chairman of the Accreditation Council; (b) the Director-General, who shall be an ex officio member, or his nominee; (c) a nominee of the Committee of Vice-Chancellors of Queensland Universities; (d) one person nominated by a meeting of Directors of colleges of advanced education in Queensland; (e) two nominees of the Director- General who are involved in the provision of post-compulsory

968 Education Act and Another Act Amendment Act 1987, No. 70 education within the State , at least one of whom shall be a practising teacher; (f) a nominee of the Advisory Council on Education for Economic Development; (g) a nominee of the Advisory Committee on Non-State Education in Queensland; (h) a nominee of the Queensland Catholic Education Commission; (i) two persons representing parents , one to be nominated by the Queensland Council of Parents and Citiiens' Associations Inc., and the other to be nominated by the Parents and Friends Federation, Queensland and the Independent Parents and Friends Council of Queensland; (j) a nominee of the Isolated Children 's Parents' Association; (k) a nominee of the Queensland Teachers' Union, such person to be a practising teacher in post-compulsory education; (1) one person nominated jointly by the Queensland Association for Academic Staff in Colleges of Advanced Education, the Professional Officers' Association and the Queensland Association of Teachers in Independent Schools, such person to be a practising teacher in post compulsory education; and (m) one person representing the community, not being an officer of the Department, nominated by the Minister. (2) The members of the Accreditation Council, determined in accordance with this Act, shall be appointed by the Governor in Council on the recommendation of the Minister by notification published in the Gazette. (3) The members of the Accreditation Council shall appoint from among their numbers a person to be deputy chairman of the Accreditation Council and that person shall, subject to this Act, be deputy chairman for such period, not exceeding the term for which he is appointed as a member, as the Accreditation Council determines. 37. Role and functions of the Accreditation Council. (1) The role of the Accreditation Council shall be to advise the Minister on matters relating to the accreditation of post-compulsory education courses offered by- (a) secondary schools; (b) any institution or body other than a university which upon its application to the Minister is deemed by

Education Act and Another Act Amendment Act 1987, No. 70 969 the Minister to be an appropriate post-compulsory education institution; (c) colleges of technical and further education; and (d) colleges of advanced education. (2) The functions of the Accreditation Council shall be- (a) to accredit post-compulsory education courses on which awards of senior certificates are based; (b) to provide a means which higher education institutions may use in selecting students for entry to courses of higher education; (c) to accredit post-compulsory education courses for academic awards conferred by the schools, colleges, institutions and bodies referred to in subsection (1); (d) to ensure consistency in the nomenclature of academic awards for similar courses in the area of post- compulsory education; (e) to confer and collaborate with other bodies on matters of mutual interest; (f) to issue certificates in accordance with the regulations; (g) to advise the Minister with respect to the composition, role and functions of an advisory committee, to be called the Post-Compulsory Education Curriculum Review Committee, which the Minister shall appoint in accordance with regulations made pursuant to section 8A, with the first such appointment to occur within twelve months of the commencement of this section; (h) to appoint standing committees in respect of the Accreditation Council's functions in relation to- (i) accreditation of courses for the awarding of pre- tertiary exit certificates; (ii) higher education selection procedures; (iii) accreditation of sub-diploma level tertiary education courses; (iv) accreditation of diploma, degree and graduate diploma courses; (i) to appoint such other committees and sub-committees as it considers necessary to assist in the performance of its functions; {j} to make by-laws pursuant to the provisions of section 38; and (k) to furnish to the Minister as soon as practicable, but not later than 3 months from 31 December in each

970 Education Act and Another Act Amendment Act 1987, No. 70 year, a report of its work and activities during the year. (3) The Accreditation Council 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. 38. Queensland Post. -7 )e spry Course Accreditation Co un cil may make by-laws. ( 1) he Queensland Post - Compulsory Course Accreditation Council iiiay from time to time make by- laws not inconsistent with this Act or the regulations for or with respect to- (a) higher education selection- (i) the assessment of student achievement; (ii) examinations, including the fees, if any, charged in relation thereto; (iii) moderation of assessments; (iv) the .warding of certificates; (b) committees appointed pursuant to section 37; (c) such other matters as by this Act are required or permitted to be prescribed or as are necessary or convenient for the carrying into effect of the several provisions , objects and purposes of this Act. (2) A by-law may authorize the Accreditation Council to make rules for the carrying into effect of all or any of the provisions and objects of the by-laws. (3) All rules made pursuant to any by-law by the Accreditation Council shall be of 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 Accreditation Council is sufficient evidence of the making and authenticity of the same in all courts and before all persons acting judicially. (4) Notwithstanding the provisions of section 7, all fees and other moneys received pursuant to any by-law made by the Accreditation Council shall be paid into and fo rm part of the Consolidated Revenue. (5) Every by-law made by the Accreditation Council 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.

Education Act and Another Act Amendment Act 1987, No. 70 971 PART VII-REGISTRATION OF TEACHERS Division I-Queensland Teacher Registration Council 39. Constitution of Teacher R egistration Council . (1) There shall be constituted a Council to be called the Queensland Teacher Registration Council which shall consist of- (a) a nominee of the Minister who shall in his appointment be designated and shall be Chairman of the Council; (b) three nominees of the Director-General, at least two of whom shall be practising teachers; (c) a nominee of the Queensland Teachers' Union, such person to be a practising teacher; (d) a nominee of the Queensland Association of Teachers in Independent Schools , such person to be a practising teacher; (e) a nominee of the Professional Officers' Association, such person to be a practising teacher; (f) one person representing the community , not being an officer of the Department, nominated by the Minister; (g) two nominees of the Advisory Committee on Non- State Education , at least one of whom shall be a practising teacher; (h) two persons representing parents, one to be nominated by the Queensland Council of Parents and Citizens' Associations Inc., and the other to be nominated by the Parents and Friends Federation , Queensland and the Independent Parents and Friends Council of Queensland; (i) a nominee of the Committee of Vice-Chancellors of Queensland Universities , such person to be a practising teacher educator; and () one person no m inated by a meeting of Directors of those colleges of advanced education in Queensland which conduct courses of teacher education, such person to be a practising teacher educator. (2) The me m bers of the Queensland Teacher Registration Council dete rm ined in accordance with this Act L iall be appointed by the Governor in Council on the reco:: in .'ation of the Minister by notification published in the G. . _ . (3) The members of the Queensland Te ,-her Registration Council shall appoint from among their numbers a person to be deputy chai rm an of the Council and such person , subject to this Act, shall be deputy cha irm an for such period, not exceeding the te rm for which he is appointed as a member , as the Council determines.

972 Education Act and Another Act Amendment Act 1987, No. 70 40. Functions and powers of the Queensland Teacher Registration Council. (1) The functions and powers of the Queensland Teacher Registration Council shall be- (a) to be responsible to the Minister for the registration of persons entitled to be registered as teachers under this Act; (b) to keep teacher registration in Queensland under continuous review and make reports and recommendations to the Minister thereon; (c) to confer and collaborate with and advise the Queensland Post-Compulsory Course Accreditation Council on matters pertaining to the accreditation of courses of teacher education; (d) to appoint such committees as it thinks fit to assist and advise it in the performance of its functions; (e) to make by-laws pursuant to the provisions of section 46 ; and (f) to furnish to the Minister as soon as practicable, but not later than 3 months from 31 December in each year, a report of its activities during the year. (2) The Queensland Teacher Registration Council 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. Division II-Registration of Teachers 41. Registration of teachers. (1) The Queensland Teacher Registration Council shall keep a Register of Teachers, and the particulars referred to in paragraphs (a), (b), (c) and (d) of subsection (2) in respect of a person entitled to be registered shall be entered therein. (2) A person shall be registered as a teacher by the entering in the Register of- (a) his full name and address; (b) the date on which he is registered; (c) particulars of the qualifications and experience, if any, in respect of which he is registered; and (d) such other particulars, if any, as may be prescribed. (3) The Council may provide for- (a) the registration of a person as a provisional registration notwithstanding that he does not possess the qualifications and experience prescribed under section 42 where that person satisfies the Council that- (i) he is of good character; (ii) he possesses the qualifications and experience, if any, prescribed for provisional registration; and

Education Act and Another Act Amendment Act 1987, No. 70 973 (iii) he will within a time acceptable to the Council be able to obtain the qualifications and experience prescribed under section 42; (b) the cancellation of such provisional registration in such circumstances as the Council may determine, either generally or in a particular case; (c) registration in accordance with this Part in lieu of provisional registration where the requirements of the Council are satisfied in all respects pursuant to section 42 of this Act. (4) The Register shall be open for inspection by any person at the office of the Queensland Teacher Registration Council at all reasonable times upon payment of the prescribed fee. (5) (a) A person shall not employ as a teacher in any school a person who is not a registered teacher unless authorised to do so by the Council. Penalty: For a first offence against this section, 10 penalty units. For a second or subsequent offence, 10 penalty units and a daily penalty of 1 penalty unit. The provisions of this subsection, other than those that would make the Crown liable for an offence, shall bind the Crown. (b) A person who is not a registered teacher shall not hold at any school any office or position in which he is required to perform the duties of a teacher unless authorized to do so by the Council. Penalty: For a first offence against this section, 10 penalty units. For a second or subsequent offence, 10 penalty units and a daily penalty of 1 penalty unit. (c) In this section, the term "school" means- (i) a pre-school centre, primary school, secondary school or special school attended by a student in respect of whom and in respect of which attendance moneys of the State are being or have been expended pursuant to section 63; or (ii) any other school, college, institution or place, attended by a student in respect of _ whom and in respect of which attendance moneys of the State are being or have been expended pursuant to section 63, 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 as a school for the purposes of this section. (d) If a person employed by the Crown as a teacher in a school fails to remain a registered teacher, the Director-General

974 Education Act and Another Act Amendment Act 1987, No. 70 may give to that person an order in writing requiring him to renew his registration as a teacher within the time specified in the order. (e) offence against the Public Service Act 1922-1978 constituted by disobeying , disre gar ding or m aki ng wilful default in carrying out an order given under subsection ( d) shall, for the purposes of that Act, be taken to be, and dealt with as an offence other than a minor offence. (f) A registered teacher who is convicted in Queensland (whether upon indictment or summarily ) of an indictable offence, or elsewhere of an offence which, if committed in Queensland would have been an indictable offence, shall immediately give notice in writing to the Council of the conviction and the circumstances i n which the offence was committed. Penalty: 2 penalty units. 42. Q ualifications for registration . A person is, upon application therefor and payment of the prescribed fee, if any, entitled to be registered if he satisfies the Queensland Teacher Registration Council that- (a) he is of good character; and (b) he possesses the qualifir - Lions and experience , if any, prescribed for persons at plying to be registered. 43. Removal of na m e fro; r. (1) The Queensland Teacher Regist ra tion Council shall cause to be removed from the Register of Teachers the name c- any registered teacher if- (a) he does not apply for the retention of his name in the Register at such intervals, within such times and in such manner as may be prescribed; (b) he has died; (c) he has ceased to possess or does not possess the qualifications and experience , if any , in respect of which he was registered as a teacher; (d) he is a patient wwi thin the meaning of the Mental Health Services Act 1974-1984 or is otherwise incapable in law of managing his own affairs. (2) Where- (a) a registered teacher has been convicted in Queensland of an indictable offence (whether upon indictment or summ ari ly), or elsewhere of an offence which, if committed in Queensland , would have been an indictable offence; or (b) the Council after inquiry is satisfied that a registered teacher- (i) has been guilty of habitual drunkenness or of addiction to any deleterious dru g;

Education Act and Another Act Amendment Act 1987, No. 70 975 or (ii) has been guilty of misconduct which renders him unfit in the public interest to engage in teaching, the Council may reprimand or caution the registered teacher or may remove his name from the Register or suspend his registration for such period as the Council thinks fit. (3) Where a registered teacher has been convicted as mentioned in paragraph (a) of subsection (2), the Council may direct that his name shall not be removed from the Register or his registration suspended by reason of the conviction if the offence of which he has been convicted does not, either from its trivial nature or from the circumstances in which it was committed, render the registered teacher unfit in the public interest to engage in teaching. (4) At an inquiry for the purposes of paragraph (b) of subsection (2), the person charged shall be afforded an opportunity of defence either in person or by legal representation. (5) The Council may itself make an inquiry referred to in paragraph (b) of subsection (2) or may cause the inquiry to be made by a committee of inquiry appointed by it for the purpose. (6) 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 Council and four other persons who are registered practising teachers. (7) The Council or committee, as the case may be, shall make inquiry into the matter in question and subject to this Act shall be deemed to be a Commission of Inquiry within the meaning of the Commissions of Inquiry Act 1930-1987 and for that purpose- (a) each member of the Council shall be deemed to be a Commissioner and the Chairman of the Council shall be deemed to be the Chairman of the Commission; and (b) each member of the Committee -shall be deemed to be a Commissioner and the Chairman of the Committee shall be deemed to be the Chairman of the Commission, and those Commissioners shall have the powers, authorities, rights, privileges and protection of Commissioners under that Act, other than- (c) powers reserved by that Act to the Chairman of a Commission who is a Judge of the Supreme Court; and (d) power to issue a warrant in the first instance or before the return of a summons conferred by section 8 (2) of that Act, and the provisions of that Act shall apply accordingly.

976 Education Act and Another Act Amendment Act 1987, No. 70 (8) Where an inquiry is made by a committee, the committee shall, on completion of the inquiry, report its findings and recommendations to the Council and the Council, in making any decision or determination in relation to the inquiry, shall take those findings and recommendations into consideration. (9) Without limiting the provisions of section 46, by-laws may be made by the Council 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. (10) Where the registration of a registered teacher is suspended under the provisions of this section there shall be entered in the Register a memorandum of that fact and of the date and cause of the suspension. (11) A person whose name has been removed from the Register or whose registration as a teacher has been suspended under the provisions of this section shall be deemed not to be a registered teacher until his name is restored to the Register or the period of his suspension has expired, as the case may be. 44. R ight of appeal . (1) Any person who feels aggrieved by any refusal of the Queensland Teacher Registration Council to register him as a teacher or by any decision of the Council under section 43, made on any of the grounds referred to in paragraph (c) of subsection (1), or in subsection (2), of that section, may appeal against the refusal or decision to a Judge of the District Court who shall have jurisdiction to hear and determine any appeal under this section. (2) Every such appeal shall be by way of hearing de novo and the decision of a Judge of the District Court upon such an appeal shall be final and binding on the Council and all persons concerned. (3) A Judge of the District Court, in exercising jurisdiction pursuant to this section, may exercise any of the powers of the Council under section 43 and make such order as he thinks fit, including any order as to costs. (4) A person who desires to appeal against a refusal or decision of the Council shall, within 28 days after being notified of such refusal or, as the case may be, decision, file with the Registrar of the District Court a notice of appeal setting out the grounds of appeal, and serve on the Chairman of the Council a copy of such notice. (5) Upon being served with a copy of the notice of appeal pursuant to subsection (4), the Chairman shall forthwith forward to the District Court Registry a copy of any resolution or direction or other writing of or in the possession of the Council relevant to the matter of appeal. (6) All such rules of court as may be deemed necessary or desirable or convenient for regulating the procedure and practice of the District Court for the purpose of giving full effect to this

Education Act and Another Act Amendment Act 1987, No. 70 977 section may be made and the provisions of the DistrictCourtAct 1967-1985 shall apply and extend in respect of such rules of court. Until such rules of court are made, or in so far as such rules of court do not extend, the Judge hearing any appeal under this section may, in the particular case, give such directions as he may deem fit, and the directions shall, according to their tenor, have the force and effect of rules of court made for the purposes thereof. 45. Restoration of name to Register . (1) Where the name of any person is removed from the Register of Teachers in accordance with section 43 or section 44, that person shall not again be registered as a teacher, except by direction of the Queensland Teacher Registration Council or by order of a Judge of the District Court. (2) The Council may, if it thinks fit in any particular case, direct that the name of any person removed from the Register be restored thereto and the name shall be restored accordingly. 46. By-laws. (1) The Queensland Teacher Registration Council may from time to time make by-laws not inconsistent with this Act or the regulations for or with respect to- (a) teacher registration- (i) the registration of persons as teachers; (ii) the fees to be paid by a person applying to the Council to be registered as a teacher, for the retention of his name in the Register or for the restoration of his name to the Register; (iii) committees appointed pursuant to section 43; (b) such other matters as by this Act are required or permitted to be prescribed or as are necessary or convenient for the carrying into effect of the several provisions, objects and purposes of this Act. (2) A by-law may authorize the Council to make rules for the carrying into effect of all or any of the the provisions and objects of the by-laws. (3) All rules made pursuant to any by-law by the Council shall be of 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 Council is sufficient evidence of the making and authenticity of the same in all courts and before all persons acting judicially. (4) Notwithstanding the provisions of section 7, all fees and other moneys received pursuant to any by-law made by the Council shall be paid into and form part of the Consolidated Revenue. (5) Every by-law made by the Council shall be submitted to the Minister and by him to the Governor in Council.

978 Education Act and Another Act Amendment Act 1987, No. 70 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. PART VIIA -EcONOMic DEVELOPMENT 47. Constitution of Advisory Council on Education for Economic Development. (1) There shall be constituted a Council to be called the Advisory Council on Education for Economic Development which shall consist of- (a) a nominee of the Minister who shall in his appointment be designated and shall be Chairman of the Council; (b) the Director-General, who shall be an ex officio member, or his nominee; (c) the person holding the office of permanent head of the Department of Government of the State responsible for industry development or his nominee; (d) the person holding the office of permanent head of the Department of Government of the State responsible for employment or his nominee; (e) a nominee of the Committee of Vice-Chancellors of Queensland Universities; (f) one person nominated by a meeting of Directors of colleges of advanced education in Queensland; (g) a nominee of the Director-General who is involved in the administration of technical and further education within the State; (h) a nominee of the Director-General who is involved in the administration of post-compulsory education within the State; (i) a nominee of the Director-General who is involved in the administration of compulsory education within the State; (j) a nominee of the Advisory Committee on Non-State Education in Queensland, being a member of that Committee; (k) a nominee of the Queensland Post-Compulsory Course Accreditation Council, being a member of that Council; (1) one person nominated jointly by the Queensland Teachers' Union, the Queensland Association for Academic Staff in Colleges of Advanced Education, the Professional Officers' Association and the

Education Act and Another Act Amendment Act 1987, No. 70 979 Queensland Association of Teachers in Independent Schools; (m) a nominee of the Queensland Confederation of Industry Ltd.; (n) a nominee of the Industry and Commerce Training Commission; and (o) three other persons- (i) each of whom is involved primarily in one of the spheres of industry, commerce, or community activities; (ii) one of whom is drawn from each of those spheres. (2) The members of the Advisory Council on Education for Economic Development, determined in accordance with this Act, shall be appointed on the recommendation of the Minister by notification published in the Gazette. (3) The members of the Advisory Council on Education for Economic Development shall appoint from among their number a person to be deputy chairman of the Council and that person shall, subject to this Act, be deputy chairman for such period not exceeding the term for which he is appointed as a member, as the Council determines. 48. Role and functions of the Advisory Council on Edu ca tion for Economic Development. (1) The role of the Advisory Council on Education for Economic Development shall be to make reports and recommendations to the Minister either of its own motion or at the request of the Minister with respect to developments in education and training which may be beneficial to the economic development of Queensland. The Council shall have particular regard to the following matters: (a) encouragement, as part of a broad general education, of the development of educational programs and experiences for students within the school sectors of education which are complementary to the economic development activities needed in a modem society; (b) promotion of mutual understanding between business and education of the expectations of each concerning the functions and practices of the school sectors of education; (c) continuing development of school sector vocational education that has purpose and value for all students according to their emerging abilities, interests and aspirations; (d) delineation of skills required in a society where technology is developing rapidly that should be

980 Education Act and Another Act Amendment Act 1987, No. 70 incorporated in education and training at post- compulsory education levels; (e) encouragement of joint developments between business and post-compulsory education to enhance the economic performance of the State and its competitiveness within the world economic arena; (f) encouragement of greater interaction between business and education for the purpose of enhancing the value of practical skills and knowledge; and (g) keeping under review changes in the State's economic performance and the resultant implications for both the school and post-school sectors of education. (2) The Council may appoint such committees as it thinks fit to assist it in the performance of its functions. (3) The Council shall have and may exercise such powers and authorities as are incidental to the proper discharge by it of its role under this Act.". 15. Repeal of Part VII. Adult Educa tion. The Principal Act is amended by- (a) omitting the Part heading immediately preceding section 49; (b) repealing sections 49 (Constitution of Bo ar d ), 50 (Functions of Board) and 51 ( Provision of adult edu ca tion). 16. Repeal of Part VIIA. Advanced Education . The Principal Act is amended by- (a) omitting the Part heading and Division heading immediately preceding section 51A; (b) omitting the Division heading immediately preceding section 51c; (c) repealing sections 51A (Constitution of Board), 51B (Functions and powers of the Board), 51c (Constitution of Bo ar d ) and 51D (Functions and powers of the Board). 17. Dissolution of Boards . On the day or days appointed by Proclamation for that purpose the members of the Board of Adult Education, the Board of Teacher Education, the Board of Secondary School Studies and the Board of Advanced Education shall go out of office as such members and those respective Boards shall be dissolved and all by-laws and rules made by the Board of Teacher Education and the Board of Secondary School Studies shall from the relevant day or days cease to have any force and effect. 18. Provisions relating to dissolved Boards . (1) Where, after the commencement of section 17, by any testamentary disposition or otherwise property would have passed to or for the benefit of a Board

Education Act and Another Act Amendment Act 1987, No. 70 981 referred to in that section if it were still in existence, that property shall pass to or for the benefit of the Corporation and shall vest in the Corporation, but without prejudice to any lawful claim of any person in relation to that property. (2) All real and personal property which immediately prior to the commencement of section 17 is held by or vested in a Board shall be divested from that Board and shall, on and from that day, vest in the Corporation. (3) If any property vested in the Corporation by subsection (2) is or shall be subject to any condition or trust, that property shall be held by the Corporation subject to the conditions or trusts on which it was held immediately before that vesting. Any reference in any such conditions or trusts to a Board shall, on and from the commencement of section 17, be read and construed as a reference to the Corporation. (4) All rights accruing or accrued to a Board in respect of any property vested in the Corporation pursuant to subsection (2) are hereby vested in and may be enforced by the Corporation. (5) All liabilities of a Board in respect of any property vested in the Corporation pursuant to subsection (2) may be enforced against the Corporation. (6) All actions and proceedings commenced by or against a Board and subsisting immediately prior to the commencement of section 17 and all contracts, matters and things entered into or commenced by a Board before that commencement may be continued by or, as the case may be, against the Corporation. (7) All curriculum development programs commenced by the Board of Secondary School Studies and which remain incomplete as at the commencement of section 17 shall be continued by the Queensland Post-Compulsory Course Accreditation Council immediately upon its establishment pursuant to the commencement of section 14: Provided that such responsibility for curriculum development on the part of the Queensland Post-Compulsory Course Accreditation Council shall not continue beyond 31 December 1989 without the approval of the Minister for such continuation being first had and obtained. 19. Staff. When the Board of Advanced Education and the Board of Teacher Education are, or either of those Boards is, dissolved pursuant to section 17, a person who immediately prior to such dissolution holds any salaried office or any full-time employment with a Board so dissolved shall, if he so elects, become an officer of the Department on such terms and conditions, subject to any applicable award of any industrial court, commission, tribunal or authority, as the Governor in Council may determine: Provided that such terms and conditions shall not be more favourable than if the person had been an officer of the Public Service of Queensland of equivalent level at the time of the commencement of this section.

982 Education Act and Another Act Amendment Act 1987, No. 70 20. Entitle m ent of officers and employees . (1) A person who immediately prior to his becoming an officer or employee of the Department was employed by the Board of Advanced Education or the Board of Teacher Education in a full time permanent capacity shall for so long as he continues in the employment of the Department or any other department of the Public Service of Queensland in a full time permanent capacity retain and may claim against the Public Service of Queensland in respect of all entitlements in respect of leave that have accrued or are accruing to him as an employee of the Board at the time when he ceases to be such an employee and for that purpose the service of that person as such an employee and such an officer or employee shall be deemed to be continuous service as an officer or employee of the Public Service of Queensland. (2) A person who immediately prior to his becoming an officer or employee of the Department was a contributor to the State Service Superannuation Fund for as long as he continues in the Department or any other department of the Public Service of Queensland in a full time permanent capacity- (a) shall retain all entitlements which at the time he becomes such an officer or employee have accrued or are accruing to him as a contributor under the Public ServiceSuperannuation Act 1958-1978 or the State ServiceSuperannuation Act 1972-1978; and (b) shall be deemed to be an officer within the meaning of each of those Acts and shall continue to contribute to that fund and shall be entitled to payments and other benefits therefrom in respect of himself, his widow and any child of his. (3) In respect of a person who contributes to the State Service Superannuation Fund and is referred to in subsection (2) the Public Service of Queensland shall pay to the State Service Superannuation Additional Benefits Fund such sums as would have been payable by the Board to such last - mentioned fund had the contributor been an employee of that Board and had been paid salary at the rate paid to him at the material time by the Public Service of Queensland. Moneys payable by the Public Service of Queensland to the State Service Superannuation Additional Benefits Fund and unpaid may be recovered by action in a court of competent jurisdiction by the State Service Superannuation Board constituted under the State ServiceSuperannuationAct 1972-1978 as a debt due to the Board. 21. Au( " , -- counts . In respect of the year ending 31 December 1987 the Mini;:'--r shall comply in all respects with the provisions of section 62N of tale Education Act 1964-1987 on behalf of the Board of Advanced Education, the Board of Secondary School Studies and the Board of Teacher Education and any statements of account prepared by the Minister in respect of that year on behalf of and in the name of those Boards shall have the same force and effect as if they had been prepared by those Boards.

Education Act and Another Act Amendment Act 1987, No. 70 983 The Auditor- General or an officer authorized by him shall, in respect of the Minister in relation to that year and the accounts and records of those Boards , have the same duties imposed and powers conferred upon him by that section as if the Minister were a Board constituted under that Act. 22. New Part heading. The Principal Act is amended by omitting the Division heading immediately preceding section 51 E and substituting VIIB- the heading "PART COUNCILS OF COLLEGES OF ADVANCED EDUCATION". 23. Amendment of s. 51F. Functions and powers of Council. Section 51 F of the Principal Act is amended by- (a) in subsection (1), inserting after the words "courses in advanced education" the words "and undertake applied research"; (b) in subsection (2)- (i) omitting subparagraph (b) and substituting the following subparagraph:- "(b) to co-operate with the Queensland Post-Compulsory Course Accreditation Council to ensure that the college provides courses or programs of study to meet the needs of the region that the college serves and of the State, and to make awards as designated by the Accreditation Council;"; (ii) omitting from subparagraph (c)- (A) the words "Board of Advanced Education" and substituting the word "Minister"; (B) the words "that Board" where twice occurring and substituting the words "the Minister" in each case; (iii) omitting from subparagraph (d) the words "Board of Advanced Education" and substituting the word "Minister"; (iv) omitting from subparagraph (h) the words "Board of Advanced Education" and substituting the word "Minister"; (v) omitting from subparagraph 0) the words "Board of Advanced Education or the Board of Teacher Education" and substituting the word "Minister"; (vi) omitting from subparagraph (k) the words "Board of Advanced Education" and substituting the word "Minister"; 24. Amendment of heading of Part VIII. The Principal Act is amended by omitting the Part heading immediately preceding section 53 and substituting the following heading:- "PART VIII-GENERAL PROVISIONS RE LATING TO THE QUEENSLAND POST-COMPULSORY COURSE ACCREDITATION COUNCIL, QUEENSLAND TEACHER REGISTRATION COUNCIL, ADVISORY

984 Education Act and Another Act Amendment Act 1987, No. 70 COUNCIL ON EDUCATION FOR ECONOMIC DEVELOPMENT AND THE COUNCILS OF COLLEGES OF ADVANCED EDUCATION". 25. Amendment of s. 53. Definition of terms. Section 53 of the Principal Act is amended by- (a) omitting the definition "Board"; (b) inserting before the word "Council" where it secondly appears the words "Queensland Post-Compulsory Course Accreditation Council, Queensland Teacher Registration Council, Advisory Council on Education for Economic Development constituted under this Act or a". 26. Amendment of s. 54. T ime for constitution of Board or Council. Section 54 is amended by- (a) omitting from the note to the section the words "Board or"; (b) omitting from subsection (1) the words "a Board or"; (c) omitting from subsection (2) the words "Board or a"; (d) omitting from subsection (3) the words "Board or" where twice appearing. 27. Amendment of s. 55 . Failure to nominate or elect . Section 55 of the Principal Act is amended by omitting the words "Board or" wherever they appear. 28. Amendment of s. 56. T erm of appointment . Section 56 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- "(1) A member of a Council (other than an ex officio member) shall be appointed such a member for a term of 4 years but if, by the expiration of that term, his successor has not been duly appointed , he shall , subject to this Act, hold office until his successor is duly appointed. A member of a Council shall , if he is otherwise qualified, be eligible for re - appointment. An ex officio member of a Council shall be a member for so long as he holds the appointment which entitles him to membership of the Council."; (b) in subsection (2)- (i) omitting from the first paragraph the words " or a Board"; (ii) omitting from the second paragraph the words "or, as the case may be, the Board". 29. Amendment of s. 57 . Vacation of office of members of Council or Board. Section 57 of the Principal Act is amended by- (a) omitting from the note to the section the words " or Board";

Education Act and Another Act Amendment Act 1987, No. 70 985 (b) omitting the words "or a Board"; (c) omitting the words "or, as the case may be, the Board" wherever they occur. 30. Amendment of s. 58. Casual appointments to Council and Board. Section 58 of the Principal Act is amended by- (a) omitting from the note to the section the words "and Board"; (b) in subsection (1)- (i) omitting from the first paragraph the words "or a Board"; (ii) omitting from the second paragraph the words "or, as the case may be, the Board"; (c) in subsection (2), omitting the words "or the Board"; (d) in subsection (2A) omitting the words "or a Board"; (e) in subsection (3) omitting the word "either" and the words "or the Board". 31. Amendment of s. 59. Manner of exercising power of Council or Board . Section 59 of the Principal Act is amended by- (a) omitting from the note to the section the words "or Board"; (b) omitting from the first paragraph the words "or a Board"; (c) omitting from the final paragraph the words "or the Board". 32. Amendment of s. 60. Validity of proceedings . Section 60 of the Principal Act is amended by- (a) omitting the words "or a Board"; (b) omitting the words "or Board" wherever they occur. 33. Amendment of s. 61. Quorum and business of Council and Board. Section 61 of the Principal Act is amended by- (a) omitting from the note to the section the words "and Board"; (b) in subsection (1), omitting- (i) the words "or, as the case may be, a Board"; (ii) the words "or such Board"; (c) in subsection (2), omitting- (i) the words "and the Board"; (ii) the words "or, as the case may be, the Board"; (d) in subsection (3) omitting the words "or Board" wherever they occur. 32

986 Education Act and Another Act Amendment Act 1987, No. 70 34. - ;al of and new s. 62. Attendance by proxy at meetings. The Principal Act is amended by repealing section 62 and substituting the following section:- "62. Minister to provide staff and approve expenditure. (1) In relation to the Queensland Post-Compulsory Course Accreditation Council, the Queensland Teacher Registration Council and the Advisory Council on Education for Economic Development, the Minister may provide- (a) out of resources available to him, such secretarial, administrative and other assistance as, in his opinion, is necessary or desirable; and (b) for the payment of costs and expenses reasonably incurred by or on behalf of any such Council in the carrying out of that Council's role and functions. (2) In relation to the Queensland Post-Compulsory Course Accreditation Council, the Minister, or an officer authorized by him, may arrange with such schools, persons and authorities as the Minister thinks necessary, for the services of suitable persons, for such periods as the Minister thinks necessary and on such terms, including the payment of salaries, fees and allowances, if any, as the Governor in Council may from time to time determine.". 35. Amendment of Part and Division headings of Part VIIIA. The Principal Act is amended by omitting the Part and Division headings immediately preceding section 62A and substituting the following headings:- "PART VIIIA-GENERAL PROVISIONS RELATING TO COUNCILS OF COLLEGES OF ADVANCED EDUCATION Division I-Dealings with Land Vested in Council of a College of Advanced Education". 36. Amendment of s. 62A. Control of Crown land by Board or . Council. Section 62A of the Principal Act is amended by- (a) omitting from the note to the section the words "Board or"; (b) omitting the expression "1968" where it twice appears and substituting the expression "1986" in each case; (c) omitting the words "the Board of Advanced Education or"; (d) omitting the words "the Board or of "; (e) omitting the words "Board or". 37. Amendment of s. 62B. Restriction on alienation , etc., of land. Section 62B of the Principal Act is amended by- (a) in subsection (1), omitting the words "The Board or a" and substituting the word "A";

Education Act and Another Act Amendment Act 1987, No. 70 987 (b) in subsection (2), omitting the words "the Board or"; (c) adding after subsection (2) the following subsection:- "(3) For the purposes of the provisions of the Building Act1975-1984- (a) the Council of a college of advanced education shall be deemed to represent the Crown in right of the State in respect of the carrying out of building work in relation to the college; (b) the Council may exercise all the powers, privileges, rights and remedies of the Crown in respect of that building work provided that in each case the Council has complied with the provisions of this Act relating to the approval of plans and expenditure, prior to the commencement of any such building work; (c) the Minister shall be the prescribed Minister.". 38. Amendment of s. 62c. Council may make by-laws. Section 62c is amended by- (a) in subsection (1)- (i) omitting the expression "$500" from subparagraph (iii) and substituting the words "10 penalty units"; (ii) omitting subparagraph (xi) and substituting the following subparagraph:- "(xi) the establishment of research and consultancy centres and their conduct, and the affiliation of the college with an educational or research establishment;"; (iii) inserting after subparagraph (xi) the following subparagraph:- "(xia) the fees to be paid for examinations, for the granting of degrees, diplomas, and other awards, for attendance at the lectures and classes of the college, and for the use of college facilities;"; (b) in subsection (6), omitting all words from and including "Board of 9 to and including "to the Minister" and substituting the words "Minister, be submitted to the Governor in Council". 39. Amendment of Division Heading . The Principal Act is amended by omitting from the Division heading immediately precedin g section 62D the words " the Board of Advanced Education, the Board of Teacher Education and ". 40. Amendment of s. 62D . Particular employees. Section 62D of the Principal Act is amended by- (a) repealing subsection (1); (b) renumbering subsections (2), (3) and (4) as subsections (1), (2) and (3) respectively; (c) omitting from subsection (3) as so renumbered all words from and including "secretary to" to and including "Board and a"; (d) repealing subsection (5).

988 Education Act and Another Act Amendment Act 1987, No. 70 41. Amendment of s. 62E. Employees of Board or Council generally. Section 62E of the Principal Act is amended by- (a) omitting the words "Board or" from the note to the section; (b) repealing subsection (1); (c) renumbering subsections (2), (3), (4) and (5) as subsections (1), (2), (3) and (4) respectively; (d) in subsection (3) as so renumbered omitting the expression "(3)" and substituting the expression "(2)"; (e) in subsection (4) as so renumbered- (i) omitting the expression "(3)" where twice occurring and substituting the expression "(2)" in each case; "(3)"; (ii) omitting the expression "(4)" and substituting the expression (f) repealing subsection (6); (g) renumbering subsections (7) and (8) as subsections (5) and (6) respectively; (h) in subsection (5) as so renumbered omitting all words from and including "the Board of Advanced" to and including "Education or"; (i) in subsection (6) as so renumbered- (i) omitting all words from and including "the Board of Advanced" to and including "Education and"; (ii) omitting the words "Boards and". 42. Amendment of s. 62F. Superannuation provisions . Section 62F is amended by in subsection (3)- (a) omitting all words from and including "the Board of Advanced" to and including the words "Education or"; (b) omitting the words "Board or the"; (c) omitting the words "Board or". 43. Repeal of heading of Division IV of Part VIIIA and sections 62G, 62H and 621. The Principal Act is amended by- (a) omitting the Division heading immediately preceding section 62G; (b) repealing sections 62G (Registration of teachers), 62H ( Qualifications for registration ) and 621 (Removal of n am e from Register). 44. Repeal of ss. 62 j , 62K and 62L. The Principal Act is amended by repealing sections 621 (Right of appeal ), 62K (Restoration of name to Register ) and 62L ( By-laws).

Education Act and Another Act Amendment Act 1987, No. 70 989 45. Amendment of heading of Division V of Part VIIIA. The Principal Act is amended by omitting from the Division heading immediately preceding section 62M all words from and including "the Board of Advanced " to and including " Education and ". 46. Amendment of s. 62M. Funds of Board or Council. Section 62M of the Principal Act is amended by- (a) omitting the words "Board or" from the note to the section; (b) repealing subsection (1); m ering subsections (2), (3), (4) and (5) as subsections (1), (2), ((3) and (d) in subsection (1) as so renumbered- (i) omitting the words "Board of Advanced Education and a"; (ii) omitting the words "separate bank accounts" and substituting the words "a bank account and separate accounting records"; (iii) omitting from subparagraph (d) the words "Board of Advanced Education" and substituting the word "Minister"; (e) in subsection (2) as so renumbered- (i) omitting the words "the Board of Advanced Education or"; (ii) omitting the words "Board or" wherever they occur; (f) in subsection (3) as so renumbered- (i) omitting all words from and including "the Board of Advanced" to and including "Education or", (ii) omitting the words "Board or" wherever they occur; «(2)" (iii) omitting the expression "(3)" and substituting the expression «(4), (iv) omitting the expression "(5)" and substituting the expression (g) in subsection (4) as so renumbered- (i) omitting the words "the Board of Advanced Education or"; (ii) omitting from the second paragraph the words "Board or"; (iii) omitting from the third paragraph- (A) the word "Board" and substituting the word "Minister"; (B) omitting from provision (ii) the expressions "$7,500" and "$6,000" and substituting the expression "$100 000" in each case;

990 Education Act and Another Act Amendment Act 1987, No. 70 (C) omitting all words from and including "in accordance with" to and including " as the case requires" and substituting the words "by the Minister". 47. Repeal of and new s. 62N. Accounts and Audit. The Principal Act is amended by repealing section 62N and substituting the following section:- "62N. Accounts and Audit . The provisions of the FinancialAdministration and AuditAct 1977-1985 apply to and in respect of each Council of a college of advanced education to the extent provided by that Act.". 4r. ^ of and new s. 62P, B udget of Bo ar d or until. The Principal Act is amended by repealing section 62P and substituting the following section:- "62P. -- of Council . ( 1) Before 30 September in each year each Council of a college of advanced education shall adopt and lodge with the Minister a budget in respect of each fund maintained in which the Council shall estimate as accurately as possible- (a) the amount to be disbursed by the Council from that fund during the year ending on 31 December in the year next following in the proper exercise by the Council of its functions and powers under this Act and in giving effect to the provisions of this Act; (b) the amount to be received from all sources by the Council during the year ending on 31 December in the year next following. (2) A budget of a Council shall be of no force or effect until it is approved by the Minister and the Minister may return the budget of the Council for amendment in such a way as he thinks reasonable. The Council shall amend the budget where necessary and in any particular so that the budget shall as nearly as possible balance for the financial year having regard to the sums the Minister has advised will be provided as Parliamentary appropriations to the Council and of any other revenues reasonably expected for the financial year. When the Minister has approved a budget of a Council such budget as approved whether or not it has been amended pursuant to this subsection shall be binding upon the Council. (3) The Minister may, in respect of a Council , amend a budget approved by him and any such budget as so amended shall be binding on the Council in question. (4) If the general fund of a Council contains a surplus or shows a deficit at the end of a financial year, the Council shall take such surplus or deficit into account in the preparation of its budget for the next succeeding financial year, a surplus to be shown as a receipt of revenue for that succeeding financial year

Education Act and Another Act Amendment Act 1987, No. 70 991 and a deficit to be shown as a disbursement for that succeeding financial year.". 49. Amendment of s. 62Q. Ob< .v the Principal Act is amended by- Section 62Q of (a) in subsection (1), omitting all words from and ' _' c!uding "the Board of Advanced" to and including "or a Council" a , substituting the words "each Council of a college of advanced educaion"; (b) in subsection (2)- (i) omitting the words "Board or" wherever they occur; omitting provision (b) the words "relevant Board" and s s uubbssttit u uting the word "Minister ". 50. Amendment of s. 62R. Bequests and gifts. Section 62R of the Principal Act is amended by- (a) omitting the words "The Board of Advanced Education or a" and substituting the word "A"; (b) omitti., -I the words "Board or" where they twice occur. 5: t of s. 62s. Investments. Section 62s of the Principal Act is amended by- (a) omitting all words from and including "the Board of Advanced" to and including "Education or"; (b) omitting the words "Board or". 52. R epeal of and new s . 62T. Fees . The Principal Act is amended by repealing section 62T and substituting the following section:- "62T. Fees. All fees received by a Council of a college of advanced education under this Act shall be paid into the general fund and applied solely for the purposes of the Council concerned.". 53. Amendment of s. 62u. Temporary finance. Section 62u of the Principal Act is amended by- (a) in subsection ( 1) omitting all words from and including "the Board of Advanced" to and including "Education or"; (b) omitting the words "Board or" where they twice occur; (c) in subsection (2) omitting the words "Board or" where they twice occur. 54. Amend m ent of h _!a ' The Principal Act is amended by omitting from the heading immediately preceding section 62v the words "the Board of Advanced Education or".

992 Education Act and Another Act Amendment Act 1987, No. 70 55. Amendment of s. 62v. Power to borrow . Section 62v of the Principal Act is amended by- (a) in subsection (1) omitting the words "the Board of Advanced Education or"; (b) in subsections (2) and (3) omitting the words "Board or" in each case; (c) omitting subsection (4). 56. Amendment of s. 62w. Procedure by Board or Council. Section 62w of the Principal Act is amended by- (a) omitting from the note to the section the words "Board or"; (b) omitting the words "Board or". 57. Amendment of s. 62x. Application of loan moneys. Section 62x of the Principal Act is amended by omitting the words "the Board or" where twice occurring and substituting the word "a" in each case. 58. Amendment of s. 62v. Treasury loans. Section 62Y of the Principal Act is amended by omitting the words "Board or Council" and substituting the words "Council concerned". 59. Amendment of s. 62z. Debentures. Section 62z of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words "the Board of Advanced Education or"; (ii) omitting the words "Board or"; (b) in subsection (3) omitting the words "Board or" wherever they occur. 60. Amendment of s. 62AA. Illegal borrowing . Section 62AA of the Principal Act is amended by- (a) omitting from subsection (1) all words from and including "the Board of Advanced" to and including "Education or"; (b) omitting the words "Board or" wherever they occur. 61. New Part XII and section. The Principal Act is amended by inserting immediately after section 65 the following Part and section:- "PART XII-MISCELLANEOUS 66. Restriction on conferring and using ce rta in awards. (1) A person shall not confer or hold himself out as competent to confer an award that is called by a name or is in a form that is likely or is intended by that person to induce a person to believe

Education Act and Another Act Amendment Act 1987, No. 70 993 that the award is an award of a tertiary educational institution unless he is duly authorised to confer such an award. Penalty: 10 penalty units. (2) A person shall not send, exhibit, print or publish or cause to be sent, exhibited, printed or published a document or writing that is likely or is intended by that person to induce the belief that a person- (a) will confer; (b) undertakes to confer; or (c) holds himself out as competent to confer, in Queensland or elsewhere, an award of a tertiary educational institution unless that last-mentioned person is duly authorised to confer such an award. Penalty: 10 penalty units. (3) A person shall not, with a view to obtaining for himself a benefit or advantage (whether through the medium of a contract or otherwise)- (a) use; (b) hold himself out as possessing; or (c) induce or attempt to induce the belief that he possesses, an award of a tertiary educational institution unless that award has been conferred on him by a person who is duly authorized to confer such an award. Penalty: 10 penalty units. (4) In this section- (a) the term "award" includes a degree, diploma, certificate, status, title or description of bachelor, master or doctor or the right to use a title or description (whether denoted by words or by abbreviation of words or by letters); (b) the term "duly authorized" means authorized by- (i) an Act or an Act of the Commonwealth or another State or the law of a Territory of the Commonwealth; (ii) the Minister; or (iii) the Government of the Commonwealth or another State; (c) the term "tertiary educational institution" means any university, college, school or institution in Australia that provides education at a level above the level of

994 Education Act and Another Act Amendment Act 1987, No. 70 educatic_r. insti1. _ in Cor.., ^ to be a 4^ of t1;;< wiled qt schools, or any .- ;d by the Governor shed in the Gazette :ration for the purposes PART III--AMEND ENT OF UNIVERSITY OF, QUEENS ND ACT 1965-1987 62. Citation. (1) In this Part the University of -2ueensland Act 1965-1984 as amended by the Universities and Colleges, Education Administration Charges) Act 1987 is referred to as ^a9 v ag^,cipal Act. (2) T!- tci l Act as ended by €his'P^-t maybe cited as the University of , 'c- Bland Act 1965-198.7. 63. A-- s. 32. Restrict:-.- awards. The Principal Act is amended by r,...-1i. iin .certai ';ion-.32.