Education (Consultation on Curriculum) Act 1988 (Qld)

1446 (Jueettgtan ANNO TRICESIM O SEPTIMO EL,IZA ET AE SEC N AE R EGINAE I ,' I)® f'. C- '' An Act to establish a Ministerial Cooosultative Council on Curriculum to provide for its powers and functions and for related purposes [ASSENTED TO 8TH DECEMBER, 1988]

Education ( Consultation on Curriculum ) Act 1988, No. 98 1447 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. Short title. This Act may be cited as the Education ( Consultation on Curriculum ) Act 1988. 2. Commencement . ( 1) Section 1 , this section and section 37 shall commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection ( 1), this Act or the provisions thereof specified in the Proclamation shall commence on the day or days appointed by Proclamation for the commencement of this Act or, as the case may be, those provisions. 3. Arrangement of Act . This Act is arranged into Parts and Divisions of Parts as follows:- PART I-PRELIMINARY ( ss. 1-4); PART II-CONSULTATION ON CURRICULUM (YEARS 1 TO 10) (ss. 5-31); Division 1-Ministerial Consultative Council on Curriculum (ss. 5-7); Division 2-Administrative Provisions Relating to the Council (ss. 8-23); Division 3-Financial and Accountability Provisions Relating to the Council ( ss. 24-30); Division 4-Staff of the Council ( s. 31); PART III-GENERAL PROVISIONS ( ss. 32-36); PART IV-SPECIAL ARRANGEMENTS ( s. 37). 4. Interpretation. In this Act, unless the contrary intention appears- "Council" means the Ministerial Consultative Council on Curriculum constituted under this Act; "Department" means the Department of Education; "Director-General" means the Director-General of Education; "financial year" means the period of 12 months ending on 31 December; "higher education" means tertiary education, other than technical and further education, and includes those advanced education courses offered in technical and further education colleges which are specifically recognized by State and Commonwealth authorities as higher education courses; "Higher Education Forum" means the Ministerial advisory committee of that name appointed pursuant to the EducationAct 1964-1988;

1448 Education (Consultation on Curriculum) Act 1988, No. 98 "materials" means any publication, written document, computer software, video, sound recording, film, photograph or other like works produced by the Council; "Minister" includes any Minister of the Crown for the time being performing the duties of the Minister; "non-State school" means any school, other than a State school, that provides preschool, primary, secondary or special education; "parent" includes a guardian and every person who is liable to maintain or has the actual custody of a child; "practising teacher" means a registered teacher who is part of the educational staff of a school; "State school" means any preschool centre, primary school, secondary school or special school or such other means of educational instruction established by the Minister; "student" means a person enrolled in a school; "tertiary education" means education, other than primary or secondary education, offered wholly or primarily to students who have completed their primary and secondary education and who are above the age of compulsory attendance at school. PART II-CONSULTATION ON CURRICULUM (YEARS 1 TO 10) Division 1-Ministerial Consultative Council on Curriculum 5. Constitution of the Council . ( 1) There shall be constituted a Council to be called the " Ministerial Consultative Council on Curriculum" which shall consist of- (a) one nominee of the Minister who shall, on appointment, be designated and shall be chairman; (b) three nominees of the Director - General; (c) two representatives of non-State schools, one to be nominated by the Queensland Catholic Education Commission and one to be nominated , in accordance with the procedure prescribed in the regulations , by the Association of Independent Schools in Queensland and other non-State schools; (d) two representatives of teachers ' unions, who shall be practising teachers, one each to be nominated by the Queensland Teachers ' Union and the Queensland Association of Teachers in Independent Schools; (e) one nominee of the Board of Teacher Registration, who shall be a practising teacher; (f) one nominee of the Board of Senior Secondary School Studies; (g) one representative of technical and further education, nominated by the Minister of the Crown for the time being

Education (Consultation on Curriculum ) Act 1988, No. 98 1449 charged with the administration of the Employment,Vocational Education and Training Act 1988; (h) one nominee of the Director-General, Premier's Department, who shall be a person involved in economic planning and development of the State; (i) three representatives of community groups involved in education, all of whom, at the time of appointment as members of the Council, shall be parents of students currently attending Queensland schools and enrolled in any year level 1 to 10, one each to be nominated by the Queensland Council of Parents and Citizens' Associations Incorporated, the Parents and Friends Federation, Queensland and the Independent Parents and Friends Council of Queensland; (j) one representative of institutions of higher education, nominated by the Higher Education Forum; (k) two representatives of the industry and commerce sectors, nominated by the Minister; (1) one person nominated by the Minister if, in the opinion of the Minister, additional representation is desirable. (2) The members of the Council determined in accordance with this Act shall be appointed by the Governor in Council, upon the recommendation of the Minister, by notification published in the Gazette. (3) The members of the Council shall appoint from among their number a person to be deputy chairman of the Council and such person, subject to this Act, shall be deputy chairman for such period, not exceeding the term for which that person is appointed as a member, as the Council determines. 6. Functions and powers of the Council. (1) The functions of the Ministerial Consultative Council on Curriculum shall be- (a) to consult widely on all aspects of the curriculum taught or to be taught in Queensland schools from year 1 to year 10, and to report formally to the Minister not less than twice each year on curriculum issues arising from such consultations; (b) to propose and review systematically, in consultation with the Minister, broad framework principles to guide the development of curriculum taught or to be taught in Queensland schools from year 1 to year 10; (c) to advise the Minister of any curriculum area for year 1 to year 10 requiring research, development or evaluation and, with the approval of the Minister first had and obtained, and subject to the Minister's direction, to oversee appropriate research or evaluation projects; (d) to review all areas of the curriculum taught or to be taught in Queensland schools in year 1 to year 10, and to advise the Minister as to the appropriateness of the content and

1450 Education ( Consultation on Curriculum ) Act 1988, No. 98 emphasis within such curriculum for current and future needs; (e) to review the curriculum linkages between the year 1 to year 10 span and the pre-year 1 and the post-year 10 areas of education, and to advise the Minister accordingly; (f) to review, with the approval of the Minister first had and obtained, any other aspect of curriculum taught or to be taught in Queensland schools during the years 1 to 10, and to advise the Minister accordingly: Provided that the performance of this function does not prejudice the performance of functions under paragraphs (a), (b), (c), (d) and (e) above; (g) to confer and collaborate with the Department and with such authorities, schools and persons as the Council thinks fit in the performance of its functions and the exercise of its powers; (h) to make recommendations to the Minister with respect to the annual appropriation of funds required for the purpose of adequately performing its functions; (i) to direct and control the work of staff assigned to the Council in order to fulfill the Council's functions; (j) to appoint, with the approval of the Minister first had and obtained, such standing committees and sub-committees as it considers necessary.to assist in the performance of its functions and the exercise of its powers; (k) to furnish to the Minister as soon as practicable, but not later than four months after 31 December in each year, a report of its work and activities during the year. (2) The 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. (3) The exercise of incidental powers and authorities by the Council pursuant to this section includes the powers and authorities- (a) to produce materials in the performance of its functions; and (b) with the approval of the Minister first had and obtained, to enter into an agreement with any person or body to sell such materials. 7. Council subject to Minister . The Council shall observe and give effect to directions issued by the Minister on matters of policy. Division 2-Administrative Provisions Relating to the Council 8. Failure to nominate . Where a vacancy on the Council arises from the expiration of a member's term of appointment or because of a casual vacancy on the Council, and the person, body or group required as prescribed by this Act in relation to the membership of the Council

Education ( Consultation on Curriculum ) Act 1988, No. 98 1451 to nominate a person to be a member of the Council to fill the vacancy fails to nominate such person at least 14 days prior to the date appointed for the filling of the vacancy, the Minister may nominate the person in lieu of the person, body or group and thereupon the person shall be taken to have been nominated by the person, body or group in question. 9. Term of appointment . (1) The chairman of the Council shall, subject to this Act, hold office for a period of four years. (2) All other members of the Council shall, subject to this Act, hold office for a period of three years. 10. Eligibility for re-appointment . The members of the Council shall, if otherwise qualified, be eligible for re-appointment: Provided that a person shall not be eligible to be a member of the Council, in the same capacity, for more than two consecutive terms of appointment. 11. Disqualification from office . A person who- (a) is an undischarged bankrupt or takes advantage of the laws in force for the time being relating to bankrupt or insolvent debtors; (b) has been convicted in Queensland of an indictable offence or has been convicted elsewhere than in Queensland in respect of an act or omission which if done or made by him in Queensland would have constituted an indictable offence unless the Minister is of the opinion that' the circumstances of the offence do not warrant disqualification from office; or (c) is a patient within the meaning of the Mental Health Services Act 1974-1987, shall not be capable of being, or continuing to be, a member of the Council. 12. Vacation of office of members of the Council . A member of the Council shall be taken to have vacated his office as such member if- (a) he dies; (b) he declines to act or to further act as such member; (c) he resigns his office as such member in writing delivered to the chairman of the Council; (d) he is absent, without leave of the Council first had and obtained, from three consecutive ordinary meetings of the Council of which meetings a notice- (i) has been served personally upon him; or (ii) has been sent by prepaid post letter addressed to him at his place of business or place of residence last known to the chairman of the Council; (e) he ceases to be qualified to be a member of the Council; (f) he is removed from office as such member by the Governor in Council.

1452 Education (Consultation on Curriculum) Act 1988, No. 98 13. Vacancy on the Council from expiry of term of appointment. (1) Where a vacancy in the membership of the Council occurs on the expiration of a member's term of appointment, the Governor in Council shall, by notification published in the Gazette, appoint a date on or before which a person is to be appointed to fill such vacancy. The appointment of a person to fill such vacancy shall be made, as prescribed by this Act in relation to the membership of the Council, on or before the date so appointed. (2) Subsection (1) does not apply in the case of a vacancy occurring in the membership of the Council in respect of a member nominated by the Minister. (3) Where a vacancy occurs in respect of a member nominated by the Minister, the Minister shall, or, in the case of a member appointed pursuant to section 5 (1) (1), may, nominate a person to fill such vacancy. 14. Removal of member. (1) The Governor in Council may at any time before the expiration of the period for which a member of the Council was appointed remove such member from his membership by notification published in the Gazette. (2) Upon publication of such notification in the Gazette the person so removed shall cease to be a member of the Council. 15. Casual vacancies on the Council . (1) Where a casual vacancy occurs in the membership of the Council the Governor in Council shall, by notification published in the Gazette, appoint a date on or before which a person is to be appointed to fill such casual vacancy. The appointment of a person to fill such a casual vacancy shall be made, as prescribed by this Act in relation to the membership of the Council, on or before the date so appointed. (2) (a) Subsection (1) does not apply in the case of a casual vacancy occurring in the membership of the Council 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) applies in respect of the appointment of the person so nominated. (3) The person appointed to fill a casual vacancy in the membership of the Council shall be appointed for the balance of the term for which his predecessor was appointed. 16. Manner of exercising power. The Council shall exercise a power or authority or perform a duty or function by majority vote of its members present and voting at the meeting at which such exercise or performance is to occur. A member who abstains from voting shall be deemed to have voted for the negative.

Education (Consultation on Curriculum ) Act 1988, No. 98 1453 The chairman of the Council (including any person for the time being acting as such chairman) shall have a deliberative vote and, in the event of an equality of votes, a casting vote. 17. Validity of proceedings . An act or proceeding of the Council shall not be invalidated or in any way prejudiced by reason only of the fact that, at the time such act was done or proceeding taken, there were vacancies in the membership of the Council not exceeding one third of the total number of members for the time being required to constitute such Council or that all the members of such Council were not present at the meeting at which such act or proceeding was done or authorized or that there is a defect in the qualification, membership or appointment of any one or more members of such Council who joined in doing such act or taking such proceeding or in authorizing such act or proceeding. 18. Quorum and business of the Council. (1) The power to make regulations conferred upon the Governor in Council by section 32 includes power to fix the quorum of members of the Council required to constitute a meeting of the Council. (2) Meetings of the Council shall be called and conducted in the manner determined by the Council. This subsection shall not be construed or applied to prejudice the operation of the provisions of section 12 (d). (3) The chairman of the Council shall preside at every meeting of the Council at which he is present and, in his absence, the deputy chairman of the Council, if he is present, shall preside at every meeting of the Council. Should both the chairman and the deputy chairman of the Council be absent from the meeting thereof a member of the Council elected from among the members who are present shall preside at such meeting. 19. Attendance by proxy at meetings . A person who is a member of the Council by virtue of section 5 (1) (b) may attend a meeting of the Council by a proxy nominated by him. Such proxy shall, for so long as he remains such proxy, be deemed to be a member of the Council in place of the member who nominated him proxy but shall not, by virtue of such nomination, be entitled to preside at a meeting of the Council. 20. Proceedings in relation to the Council. (1) Proceedings in any court may be taken and prosecuted in the name of the Council through the chairman or any person appointed in writing for the purpose by the chairman. (2) Every court of law shall take judicial notice of the signature of the chairman to any such appointment. (3) In any such proceedings it shall not be necessary to prove the authority of the person by or through whom the same are taken or prosecuted or the due appointment of any member of the Council.

1454 Education (Consultation on Curriculum) Act 1988, No. 98 (4) Proceedings in any court may be taken against the Council in its name, the "Ministerial Consultative Council on Curriculum". 21. Chairman to sign agreements for the Council . (1) Subject to the provisions of this Act, the chairman of the Council is empowered to sign agreements for and on behalf of the Council: Provided that the Council has first passed a resolution to enter into such agreement. (2) Upon the chairman's signature being affixed to any agreement, in accordance with the provisions of this Act, the Council shall be bound by the terms and conditions of that agreement. 22. Remuneration to members of the Council and other committees. (1) Members of the Council and other committees established or appointed under this Act shall be paid such fees, allowances and expenses, if any, as the Governor in Council from time to time determines. (2) Fees, allowances and expenses may differ in respect of different members according to class of payment, rate or position held on the Council or, as the case may be, other committees. (3) A provision in any Act requiring the holder of an office specified therein to devote the whole of his time to the duties of his office or prohibiting him from engaging in employment outside the duties of his office shall not operate to disqualify him from holding that office and also the office of a member of the Council or other committee or from accepting and retaining any fees, allowances or expenses payable to him pursuant to this section. (4) A fee, allowance or amount by way of expenses shall not be paid to a member who is an officer of the Public Service of Queensland for attendance at a meeting of the Council or any other committee to which this section applies held during the ordinary office working hours of that member. 23. Delegation of powers and functions by chairman . (1) Subject to section 35, the chairman may, either generally or otherwise as provided by the instrument of delegation, by instrument in writing under his hand, delegate to any officer of the Council who, for the time being holds or performs the duties of any office, or any other person all, or any of the powers or functions incidental in the discharge of the responsibilities of the chairman. (2) A delegation of a power or function may be made subject to conditions and limitations or absolutely and shall not prejudice the making by the chairman of other delegations of the same power or function. (3) A delegate to whom a power or function has been so delegated may, while the delegation subsists, do and suffer all such acts and things in accordance with the terms of the delegation as he thinks necessary or expedient to the proper discharge of the power or function.

Education (Consultation on Curriculum) Act 1988, No. 98 1455 (4) An act or thing done or suffered by a delegate acting in accordance with a delegation has the same force and effect as if the act or thing had been done or suffered by the chairman. (5) A delegation of a power or function incidental in the discharge of a responsibility of the chairman shall not- (a) affect the exercise or discharge of the power or function by the chairman; or (b) relieve the chairman from his obligation to ensure that the responsibility is properly discharged. Division 3-Financial and Accountability Provisions Relating to the Council 24. Accounts and Audit. The provisions of the FinancialAdministration and Audit Act 1977-1988 apply to and in respect of the Council to the extent provided by that Act. 25. Funds of the Council . (1) The Council shall keep a bank account for a general fund. (2) There shall be paid into the general fund of the Council all moneys appropriated by Parliament in each year for the purpose and all other moneys paid to the Council. The Council shall pay from the moneys from time to time standing to the credit of the general fund liabilities incurred by it in or in connexion with the conduct of the activities for which it is constituted: Provided that liability for expenditure for any purpose including purchase of goods and services shall only be incurred within expenditure limits established pursuant to the Financial Administration and Audit Act1977-1988. 26. Budget of the Council . (1) Before 31 October in each year the Council shall, by resolution in that behalf, adopt and lodge with the Minister a budget in respect of the fund maintained wherein 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 the Council shall be of no force or effect until it is adopted by the Council and approved by the Minister. (3) Upon approval by the Minister, the budget shall be binding upon the Council.

1456 Education (Consultation on Curriculum) Act 1988, No. 98 (4) If the general fund of the 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. 27. Observance of budget. (1) Subject to the provisions of this section, the Council shall confine its disbursements from its general fund throughout a financial year within the total amount contained in its budget for that financial year as approved under the provisions of section 26. (2) If, during any financial year, it appears to the Council that an extraordinary circumstance has arisen which requires that the Council make a disbursement from its general fund in that financial year that was not provided for in the budget (as approved) for that financial year, and if such disbursement is likely to cause the Council to exceed its approved budget, the Council shall, before making such disbursement- (a) by resolution, approve that such disbursement be made; and (b) obtain approval of the Minister for an appropriate amendment to the budget. (3) If, in any financial year, the Council makes from its general fund a disbursement which was not provided for in the budget (as approved) of the Council for that financial year, and such disbursement causes the Council to exceed its total budget amount, all the members of the Council who voted for such disbursement shall be jointly and severally liable to repay to the Council the amount of such excess unless the Minister has approved as prescribed of the making of such disbursement. Such amount may be recovered from such members or any of them as moneys due and owing to the Council by action at the suit of the Minister in any court of competent jurisdiction. 28. Investments . Any surplus moneys held by the Council in its general fund may be invested from time to time in any authorized trustee investment or with any authorized and approved dealer in the short term money market. 29. Temporary finance . (1) For the purpose of providing temporary financial accommodation to enable the Council to exercise and perform its functions, the Council may and is hereby authorized, with the prior approval of the Governor in Council, to obtain from time to time advances- (a) by way of loan from the Treasurer; (b) by way of loan or overdraft from any bank; or (c) by way of loan from any other person, upon, at and subject to such security, rate of interest and other terms and

Education ( Consultation on Curriculum ) Act 1988, No. 98 1457 conditions as the Council, subject to the approval of the Governor in Council, thinks fit. (2) Before entering into negotiations with respect to the obtaining of any advance by way of loan or overdraft from any bank or other person, the Council, with the approval of the Minister first had and obtained, shall obtain the sanction of the Treasurer authorizing it to enter into such negotiations and for the purpose of obtaining that sanction the Council shall submit to the Treasurer such information as the Treasurer may require. 30. Power of the Council to borrow . (1) Except as provided by section 29, the Council shall not have any power to borrow money. (2) A person who lends money to the Council otherwise than in accordance with this Act shall have no remedy or right whatsoever to recover money from the Council in respect of that loan. (3) If the Council borrows any money which it is not lawfully authorized under this Act to borrow, all the members of the Council who have consented to the borrowing of such money shall be jointly and severally liable to repay the same and to pay all interest thereon to the person from whom the same was borrowed, and the same may be recovered from such members or any of them as money lent by such person to such members or, as the case may be, member by action at the suit of the Minister in any court of competent jurisdiction. (4) If any moneys are appropriated from any fund for the purpose of repaying any money so borrowed or paying interest thereon, the members of the Council who have consented to the misappropriation of such moneys for that purpose shall be jointly and severally liable to refund the same with interest at the rate of twelve dollars per centum per annum, and the same may be recovered from such members or any of them by action in any court of competent jurisdiction at the suit of the Treasurer who, on recovery of the same, shall pay the amount recovered into the fund concerned, but shall be entitled to full costs of suit, including costs as between solicitor and client. Division 4-Staff of the Council 31. Minister to provide staff . The Minister may provide to the Council, out of the resources available to him, such secretariat, administrative, and other assistance as, in his opinion, is necessary and desirable: Provided that one such staff member shall be designated executive officer. PART III-GENERAL PROVISIONS 32. Regulations . The Governor in Council may from time to time make regulations not inconsistent with this Act providing for all or any purposes whether general or to meet particular cases that may be convenient for the administration of this Act or that may be necessary or convenient to carry out the objects and purposes of this Act. 33. Annual Report . The Minister shall in every year cause to be laid before the Legislative Assembly a report on the administration of 47

1458 Education (Consultation on Curriculum ) Act 1988, No. 98 this Act during the preceding year, prepared and tabled in accordance with the provisions of the Financial Administration and Audit Act1977-1988. 34. Other reports . The Minister shall in every year cause to be laid before the Legislative Assembly two reports prepared by the Council pursuant to section 6 (1) (a). 35. Power of delegation by the Minister. (1) The Minister may, either generally or otherwise as provided by the instrument of delegation, by writing signed by him, delegate- (a) to any person; (b) to the holder of an office specifying its title but not the name of the holder for the time being, all or any of his powers, authorities, functions or duties under this Act except this power of delegation and the powers assigned to him under section 7. (2) A power, authority, function or duty so delegated, if exercised or performed by the delegate, shall be exercised or performed in accordance with the instrument of delegation. (3) A delegation may be made subject to such terms or limitations as the Minister thinks fit including a requirement that the delegate shall report to him upon the exercise or performance of the delegated power, authority, function or duty. (4) The Minister may make such and so many delegations of the same power, authority, function or duty and to such number of persons or holders of office as he considers necessary or desirable. (5) A delegation is revocable at the will of the Minister and does not prevent the exercise of a power or authority or the performance of a function or duty by him. 36. Publication and Tabling of Proclamations . Every Proclamation made under this Act shall- (a) be published in the Gazette; (b) be laid before the Legislative Assembly within 14 sitting days after such publication. PART IV-SPECIAL ARRANGEMENTS 37. Special provisions for first constitution of the Council. (1) For the purpose of the first constitution of the Council- (a) the Governor in Council, at any time after the commencement of this section, may make a regulation prescribing a procedure in accordance with which the Association of Independent Schools in Queensland and other non-State secondary schools are to nominate a representative pursuant to section 5 (1) (c); (b) the Minister, at any time after the commencement of this section, may require any person, body or group who or that

Education (Consultation on Curriculum) Act 1988, No. 98 1459 is to nominate a person or persons to be a member or members of the Council to do so within a period of time specified by him; and (c) the Minister shall nominate the persons specified in section 5 (1) (e) and section 5 (1) (f) to be the nominees of the Board of Teacher Registration and the Board of Senior Secondary School Studies respectively, and those persons as nominated by the Minister shall, on appointment, be taken to be the nominees of the Board of Teacher Registration and the Board of Senior Secondary School Studies. (2) If a person, body or group fails to make a nomination within the period of time specified by the Minister under subsection (1) (b), the Minister may nominate the person or persons in lieu of the person, body or group, and thereupon the person or persons shall be taken to have been nominated by the person, body or group in question.