Education (Amendment) Act 1973 (NSW)

EDUCATION (AMENDMENT) ACT.

ANNO VICESIMO SECUNDO

ELIZABETHE II REGINE

Act No. 65, 1973.

An Act relating to the grant of school certificates; to alter the constitution of the Secondary Schools Board and the Board of Senior School Studies; for these and other purposes to amend the Education Act, 1961; and for purposes connected

BE

therewith [Assented to, 18th October, 1973.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative	Council and Legislative Assembly of New South Wales in
Parliament assembled, and by the authority of the same, as follows:—

1. This Act may be cited as the "Education

(Amendment) Act, 1973".

The several provisions of this Act shall commence on such day or days as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

2.

3.      The Education Act, 1961, is amended—

(a) (i) by omitting section 5 (2) and by inserting

instead the following subsection :—

(2) School certificates shall be granted on

the recommendation of the Secondary Schools

Board t o—

(a) pupils who—

(i) have attended for a period of at

least four years a secondary or

composite school, or a school registered as prescribed under this Act, and have participated at that school in courses of studies deemed by the Board to be appropriate in relation to the grant of school certificates; and

( i i )

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(ii)   have been accepted by the Board as having been assessed, in accordance with rules made under section 8A, as having satisfactorily completed those courses of studies; or

(b ) pupils who—

(i)   have not attended for that period such a school, but have attended some other school and have participated at that or any other school in courses of studies deemed by the Board to be appropriate in relation to the grant of school certificates; and

(ii)   have been accepted by the Board as having satisfactorily completed those courses of studies,

and who have complied with—-

(c) such requirements as may be

prescribed by the regulations;

(d)	such requirements as may be imposed by the Minister; and
(e)	such other requirements as may be

imposed by the Board with the

approval of the Minister, whether by

rules made under section 8A or
otherwise.

(ii)   by omitting from section 5 (2A) the words "paragraph (a) of";

(iii)   by omitting from section 5 (5) (a) the words "sat for the examinations for the school certificate" and by inserting instead the words

"satisfactorily

"satisfactorily completed his course of studies as referred to in paragraph (a) or (b) of

subsection ( 2 ) " ;

(b )	(i)	by omitting from section 8 (1) (a) the word "examinations" and by inserting instead the words "any examinations required to be attempted by candidates";
(ii)	by omitting from section 8 (1) (b) the words "examinations for school certificates" and by inserting instead the words "those examinations";

(c) by inserting next after section 8 the following new section :—

8A. (1 ) The Secondary Schools Board may make rules, not inconsistent with this Act or the regulations, or any by-laws made by it under section \ 20, for or with respect t o —

(a)	the manner of assessing whether courses of studies have been satisfactorily completed by pupils referred to in paragraph (a ) of subsection (2) of section 5 ;
(b)	the manner of assessing the standards at which those courses were completed; and
(c)	any other requirements to be complied with by candidates for school certificates.

(2) Without affecting the generality of

subsection ( 1 ) , rules made under this section

may—
(a)	require any or all candidates for school certificates to attempt examinations as a condition of their candidature; and

(b) make provision for or with respect to—

(i)   the manner of assessing whether

those examinations have been

successfully completed;

( i i )

(ii)   the manner of assessing the stan­ dards at which those examinations were completed; and

(iii)   the use to which the results of those examinations may be put, and the weight (if any) to be attached to those results, in determining to whom school certificates should be granted.

(d)	by omitting from section 17 (3) the words "or by­ laws" and by inserting instead the words ", by-laws or rules";
(e)	by inserting next after section 17 the following new section :—

17A. ( 1 ) Where a person deems himself to be adversely affected by a recommendation or decision of a Board in relation to the award of a school certificate or higher school certificate and he requests the Board to reconsider the recommenda­ tion or decision, the Board shall, subject to the rules made by it under this section—

(a) reconsider; and

(b) confirm, reverse or vary,

the recommendation or decision.

(2) The Board's decision in relation to the

request is final.

(3) A Board may make rules, not

inconsistent with this Act, for or with respect t o —

(a)	the manner in which, and the time within which, a request under this section must be made;
(b)	the procedures to be adopted in dealing with any such request; and

(c)

(c) any other matter relevant to the disposal of any such request.

(4 ) A rule made under this section shall

not have effect unless approved by the Minister.

4.       (1 ) The Education Act, 1961, is further amended—

(a )	( i)	by inserting in section 7 (2 ) ( a ) after the word "universities" the words ", and by the colleges of advanced education,";
(ii)	by omitting from section 7 (2) the words "the Bursary Endowment Act, 1912, as amended by subsequent Acts" wherever occurring and by inserting instead the words "this Act";
(iii)	by inserting next after section 7 (4) the following new subsection :—
(5) The reference in paragraph (a) of subsection (2) to colleges of advanced education shall be construed as a reference to—

(a)	corporate colleges of advanced educa­ tion constituted under section 16 of the Higher Education Act, 1969; and
(b)	the person or persons specified or described, in relation to colleges of advanced education that are not cor­

porate colleges of advanced education so constituted, in the regulations.

(b)	(i)	by inserting in section 9 (2) (a) after the word "universities" the words ", and by the colleges of advanced education,";
(ii)	by omitting from section 9 (2) the words "the Bursary Endowment Act, 1912, as amended by subsequent Acts" wherever occurring and by inserting instead the words "this Act";

(iii)

(iii)   by inserting next after section 9 (4) the following new subsection :—

(5) The reference in paragraph (a) of subsection (2) to colleges of advanced education shall be construed as a reference to—

(a)	corporate colleges of advanced educa­ tion constituted under section 16 of the Higher Education Act, 1969; and
(b)	the person or persons specified or described, in relation to colleges of advanced education that are not cor­ porate colleges of advanced education so constituted, in the regulations.

(c) by inserting next after section 21 (1) the following new subsection: —

( 1 A ) Regulations may be made for the purposes

of subsection (5) of section 7 or subsection (5) of section 9 so as to apply in relation to a specified college of advanced education or a specified class of colleges of advanced education.

(2 ) A person holding office as a member of the Secondary Schools Board or the Board of Senior School Studies immediately before the commencement of this section shall, subject to Division 4 of Part IV of the Education Act, 1961, continue to hold that office as if he had been appointed thereto under that Act as amended by this section.

INDUSTRIAL