Education (Early Childhood) Legislation Amendment Act 2023 (ACT)
Education (Early Childhood) Legislation Amendment Act 2023
A2023-54
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Legislation amended 3
Part 2ACT Teacher Quality Institute Act 2010
4 Section 8 4
5 Functions of instituteSection 11 (1) (a) 4
6 New section 11 (3) 5
7 Institute board membersSection 15 (1) 5
8 New section 15 (2) (ka) 5
9 Application for registration or permit to teachNew section 30 (1) (ba) 5
10 Section 30 (2) (b), except note 5
11 Eligibility for full registrationSection 32 (1) (a) 6
12 Section 32 (1) (c) 6
13 Section 32 (1) (e) 6
14 Section 33 (1) (d) 7
15 New section 33A 7
16 Additional eligibility requirements for permits to teachSection 35 (1) (c) 8
17 Section 35 (2) 8
18 Section 35 (3) 9
19 Decision on registration or permit to teach applicationSection 36 9
20 Section 36 (1) 9
21 New section 36 (1) (ba) 9
22 New section 36 (2A) and (2B) 10
23 Section 36 (4) 10
24 Section 36 (5) 10
25 Conditions of registration and permit to teachNew section 38 (1) (e) and (1A) 11
26 Section 38 (4), except examples 11
27 New section 38 (8) 12
28 Section 40 12
29 Lost, stolen or damaged certificates and cardsNew section 41 (6) and (7) 13
30 Details to be entered in teachers registerSection 43 (1) (b) 13
31 Section 43 (1) (g) 14
32 Section 43 (1) (h) 14
33 Sharing teachers register information—status of registration or permitSection 43A (1) (a) and (3) 14
34 Changes to teachers registerSection 45 (2) 14
35 Section 45 (5), definition of address 15
36 Section 47 (2) 15
37 Notice of renewal for registration or permit to teachSection 50 (2), definition of notice of renewal 15
38 Renewal of registrationSection 51 (1) 15
39 Section 51 (5) (a) (ii) 16
40 Renewal of registration with conditionsSection 52 (1), except examples and note 16
41 Renewal of permits to teachSection 53 (1) 16
42 End of registration or permit to teachSection 58 (a) 17
43 Renewal of permits to teach with conditionsSection 54 (1), except examples and note 17
44 Relationship of Act with approved codes of practiceSection 62, except note 2 17
45 Grounds for suspending or cancelling registration or permits to teachNew section 63 (1A) 18
46 Notice of proposed suspension or cancellation of registration or permits to teachNew section 64 (1A) 18
47 Suspending or cancelling registration or permit to teachSection 65 (1) 18
48 Section 65 (2) 19
49 Section 68 19
50 Inquiries about registered addressesSection 69 (1) (b) 20
51 Return of registration or permit certificates and cards on amendment, suspension or cancellationSection 70 (1) 20
52 New section 70 (7) and (8) 21
53 New section 70CA 21
54 Criteria for accreditation of education programsSection 76 (a) (i) 23
55 Determination of standardsNew section 97 (3) 23
56 Reviewable decisionsSchedule 1, item 2, column 3 23
57 Schedule 1, new items 3A and 3B 24
58 Schedule 1, items 4 and 7, column 3 24
59 Schedule 1, item 10 24
60 Dictionary, new definition of early childhood teacher 24
61 Dictionary, definitions of permit card and permit certificate 25
62 Dictionary, definition of pre-service teacher education program 25
63 Dictionary, definition of registered school address 25
64 Dictionary, definition of registered teacher 25
65 Dictionary, new definition of registered teaching address 25
66 Dictionary, definition of registration 26
67 Dictionary, new definition of registration as an early childhood teacher 26
68 Dictionary, definitions of registration card, registration certificate and registration number 26
Part 3ACT Teacher Quality Institute Regulation 2010
69 New section 5A 27
70 Application for registration or permit to teach—details—Act, s 30 (2) (a)Section 6 (e) 28
71 Eligibility for full registration—teaching qualifications—Act, s 32 (1) (a)Section 7 28
72 Eligibility for full registration—period of teaching—Act, s 32 (1) (b)New section 9 (1A) and (1B) 28
73 Section 9 (3) 29
74 Eligibility for full registration—English language skills—Act, s 32 (1) (c)Section 10 30
75 Section 12 30
76 New sections 12B and 12C 31
77 Additional eligibility requirements for permit to teach—English language skills—Act, s 35 (1) (a)Section 13 (1) (a) 33
78 Section 13 (1) (b) (ii) 33
79 Renewal of full registration—period of teaching—Act, s 51 (5) (a) (i)New section 17 (1A) and (1B) 33
80 Dictionary, new definitions 34
81 Dictionary, definition of IELTS test 34
82 Dictionary, new definition of recognised country 34
Part 4Education Act 2004
83 DictionarySection 3, note 1 35
84 Section 6 35
85 General principles of ActSection 7 (1) 36
86 Section 7 (2) 36
87 Section 7 (2) (b) (ix) 36
88 Section 7 (2), new note 37
89 New section 7 (4A) 37
90 Main objects of ActSection 8 (a) 37
91 New section 8 (2) 38
92 New chapter 1A 39
93 Section 17O 40
94 Impacts of closing or amalgamating government schoolsSection 20B (1) (a) (xi) and (d) (ii) 41
95 Section 67 (3) (a) 41
96 Internal reviewNew section 144 (1A) 41
97 Dictionary, new definition of Aboriginal or Torres Strait Islander person 41
98 Dictionary, definition of carer 42
99 Dictionary, new definitions 42
Education (Early Childhood) Legislation Amendment Act 2023
A2023-54
An Act to amend legislation about education, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Part 1Preliminary
Name of Act
This Act is the Education (Early Childhood) Legislation Amendment Act 2023.
Commencement
(1)This Act (other than the provisions mentioned in subsections (2) and (3)) commences on 1 January 2024.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
(2)Sections 3, 93 and 96 commence on the day after this Act’s notification day.
(3)The following provisions commence on 1 April 2024:
· section 4
· sections 8 to 12
· section 15
· sections 20 to 23
· sections 25 to 27
· section 31
· section 33
· section 36
· sections 39 and 40
· section 43
· section 54
· section 57
· section 60
· section 62
· section 64
· sections 66 and 67
· part 3.
Legislation amended
This Act amends the following legislation:
· ACT Teacher Quality Institute Act 2010
· ACT Teacher Quality Institute Regulation 2010
· Education Act 2004.
Part 2ACT Teacher Quality Institute Act 2010
Section 8
substitute
Meaning of teaching
For this Act, teaching—
(a)means carrying out duties that include—
(i)the delivery of education services; or
(ii)the assessment of a child’s participation in education services; or
(iii)the administration of education services; but
(b)does not include carrying out duties—
(i)as a teacher’s aide, teacher’s assistant or pre-service teacher; or
(ii)to support a child’s learning and development as part of a service providing early childhood education and care.
Functions of institute
Section 11 (1) (a)omit
grant
substitute
issue
New section 11 (3)
after the note, insert
(3)The institute must exercise its functions in the best interests of children, taking into account their safety and welfare.
Institute board members
Section 15 (1)substitute
(1)The institute board has at least 13, but not more than 15, members.
New section 15 (2) (ka)
insert
(ka)1 member to represent early childhood teachers;
Application for registration or permit to teach
New section 30 (1) (ba)insert
(ba)registration as an early childhood teacher;
Section 30 (2) (b), except note
substitute
(b)the documents or information needed to satisfy the eligibility requirements for the application under—
(i)section 32; or
(ii)section 33; or
(iii)section 33A; or
(iv)section 34; or
(v)section 35.
Eligibility for full registration
Section 32 (1) (a)substitute
(a)the person—
(i)holds provisional registration; or
(ii)is an early childhood teacher; or
(iii)previously held full registration; and
Section 32 (1) (c)
substitute
(c)if the person is an early childhood teacher or previously held full registration—the person—
(i)has a teaching qualification prescribed by regulation for section 33 (1) (a); and
(ii)meets the oral and written English language communication requirements prescribed by regulation for section 33 (1) (b); and
Section 32 (1) (e)
substitute
(e)the person—
(i)is an Australian citizen; or
(ii)is a New Zealand citizen; or
(iii)holds a visa allowing them to engage in work in the ACT for the duration of the visa under the Migration Act 1958 (Cwlth); and
Example
a permanent resident of Australia
Section 33 (1) (d)
substitute
(d)the person—
(i)is an Australian citizen; or
(ii)is a New Zealand citizen; or
(iii)holds a visa allowing them to engage in work in the ACT for the duration of the visa under the Migration Act 1958 (Cwlth); and
Example
a permanent resident of Australia
New section 33A
insert
33AEligibility for early childhood teacher registration
A person is eligible for registration as an early childhood teacher if the institute is satisfied on reasonable grounds that the person—
(a)holds a teaching qualification prescribed by regulation for registration; and
(b)meets the oral and written English language communication requirements prescribed by regulation; and
(c)holds working with vulnerable people registration; and
(d)satisfies any of the following:
(i)is an Australian citizen;
(ii)is a New Zealand citizen;
(iii)holds a visa allowing them to engage in work in the ACT for the duration of the visa under the Migration Act 1958 (Cwlth); and
Example
a permanent resident of Australia
(e)meets any requirements prescribed by regulation for registration as an early childhood teacher.
Additional eligibility requirements for permits to teach
Section 35 (1) (c)substitute
(c)for a person to whom section 34 (a) applies—that the person—
(i)is an Australian citizen; or
(ii)is a New Zealand citizen; or
(iii)holds a visa allowing them to engage in work in the ACT for the duration of the visa under the Migration Act 1958 (Cwlth);
Example
a permanent resident of Australia
Section 35 (2)
omit
granted
substitute
issued
Section 35 (3)
omit
granting
substitute
issuing
Decision on registration or permit to teach application
Section 36omit
grant
substitute
issue
Section 36 (1)
after
full registration, provisional registration
insert
, registration as an early childhood teacher
New section 36 (1) (ba)
insert
(ba)if the person is eligible to be registered as an early childhood teacher—register the person as an early childhood teacher; or
New section 36 (2A) and (2B)
insert
(2A)If a person who applies for registration as an early childhood teacher is eligible for full or provisional registration, the institute may—
(a)if the person is eligible for full registration—fully register the person; or
(b)if the person is eligible for provisional registration—provisionally register the person.
(2B)The institute may register a person who applies for full or provisional registration as an early childhood teacher if the person—
(a)is not eligible for full registration or provisional registration; but
(b)is eligible for registration as an early childhood teacher.
Section 36 (4)
omit
subsection (2) or (3)
substitute
subsection (2), (2A), (2B) or (3)
Section 36 (5)
substitute
(5)If the institute refuses an application for registration or permit to teach, the institute must, as soon as practicable, refund the fee paid by the person for the application.
Conditions of registration and permit to teach
New section 38 (1) (e) and (1A)insert
(e)if the teacher is an early childhood teacher—may only teach a child who—
(i)is not yet of compulsory education age; or
(ii)is attending kindergarten.
(1A)The institute may, in writing, exempt an early childhood teacher from subsection (1) (e) if the institute is satisfied on reasonable grounds that, having considered the teacher’s demonstrated abilities, knowledge and skills, that subsection should not apply to the them.
Section 38 (4), except examples
substitute
(4)The institute may impose additional conditions on the registration or permit to teach if the institute is satisfied the conditions are necessary to ensure the approved teacher meets the eligibility requirements under—
(a)section 32 (Eligibility for full registration); or
(b)section 33 (Eligibility for provisional registration); or
(c)section 33A (Eligibility for early childhood teacher registration); or
(d)section 34 (Eligibility for permit to teach); or
(e)section 35 (Additional eligibility requirements for permits to teach).
New section 38 (8)
after the note, insert
(8)In this section:
compulsory education age—see the Education Act 2004, section 9.
kindergarten means the first level of education provided by a school.
level of education—see the Education Act 2004, dictionary.
Section 40
substitute
Institute to give notice of registration or permit to teach
(1)If the institute registers a person, or renews a person’s registration, the institute must give the person a written notice stating the following:
(a)the person’s name;
(b)the date the registration starts and ends;
(c)the person’s unique registration number;
(d)the type of registration the person holds;
(e)any conditions of the registration.
(2)If the institute issues a permit to teach to a person, or renews a person’s permit to teach, the institute must give the person a written notice stating the following:
(a)the person’s name;
(b)the date the permit to teach starts and ends;
(c)each school where the person is permitted to teach;
(d)any conditions of the permit to teach.
Lost, stolen or damaged certificates and cards
New section 41 (6) and (7)insert
(6)This section expires 12 months after the day the Education (Early Childhood) Legislation Amendment Act 2023, section 28 commences.
(7)In this section:
former section 40 means section 40 as in force immediately before the Education (Early Childhood) Legislation Amendment Act 2023, section 28 commences.
permit card, given to a person who is issued a permit to teach or whose permit to teach is renewed, means a card given to the person under former section 40.
permit certificate, given to a person, means a permit to teach certificate given to the person under former section 40.
registration card, given to a person who is registered or whose registration is renewed, means a card given to the person under former section 40.
registration certificate, given to a person, means a certificate of registration given to the person under former section 40.
Details to be entered in teachers register
Section 43 (1) (b)omit
registered school address
substitute
registered teaching address
Section 43 (1) (g)
after
provisional registration
insert
, registration as an early childhood teacher
Section 43 (1) (h)
before
registration number
insert
unique
Sharing teachers register information—status of registration or permit
Section 43A (1) (a) and (3)after
provisional registration
insert
, registration as an early childhood teacher
Changes to teachers register
Section 45 (2)omit
teacher’s register
substitute
teachers register
Section 45 (5), definition of address
omit
registered school address
substitute
registered teaching address
Section 47 (2)
after
registration
insert
or registration as an early childhood teacher
Notice of renewal for registration or permit to teach
Section 50 (2), definition of notice of renewalomit
expire
substitute
end
Renewal of registration
Section 51 (1)omit
expires
substitute
ends
Section 51 (5) (a) (ii)
substitute
(ii)a provisional registration—that the teacher meets the requirements mentioned in section 33 (1) (a) and (d) to (g); or
(iii)a registration as an early childhood teacher—that the teacher meets the requirements mentioned in section 33A (a), (d) and (e); and
Renewal of registration with conditions
Section 52 (1), except examples and notesubstitute
(1)The institute may renew a registration with conditions if the institute is satisfied the conditions are necessary to ensure the teacher meets the eligibility requirements under—
(a)section 32 (Eligibility for full registration); or
(b)section 33 (Eligibility for provisional registration); or
(c)section 33A (Eligibility for early childhood teacher registration).
Renewal of permits to teach
Section 53 (1)omit
expires
substitute
ends
End of registration or permit to teach
Section 58 (a)omit
expires
substitute
ends
Renewal of permits to teach with conditions
Section 54 (1), except examples and notesubstitute
(1)The institute may renew a permit to teach with conditions if the institute is satisfied the conditions are necessary to ensure the permit-holder meets the eligibility requirements under—
(a)section 32 (Eligibility for full registration); or
(b)section 33 (Eligibility for provisional registration); or
(c)section 33A (Eligibility for early childhood teacher registration); or
(d)section 34 (Eligibility for permit to teach); or
(e)section 35 (Additional eligibility requirements for permits to teach).
Relationship of Act with approved codes of practice
Section 62, except note 2omit
the Act
substitute
this Act
Grounds for suspending or cancelling registration or permits to teach
New section 63 (1A)after the note, insert
(1A)Also, the institute may suspend a person’s registration or permit to teach if the institute is satisfied on reasonable grounds that an unacceptable risk of harm to a child would exist if the person’s registration or permit to teach were not suspended.
Notice of proposed suspension or cancellation of registration or permits to teach
New section 64 (1A)insert
(1A)However, the institute need not give the notice to the person if the institute intends to suspend the person’s registration or permit to teach under section 63 (1A).
Suspending or cancelling registration or permit to teach
Section 65 (1)omit everything before paragraph (b), substitute
(1)The institute may suspend or cancel a person’s registration or permit to teach if the institute—
(a)if notice is required to be given under section 64—has given written notice to the person of an intention to suspend or cancel the registration or permit to teach; and
Section 65 (2)
omit
The institute must—
substitute
If the institute decides to suspend or cancel a person’s registration or permit to teach, the institute must—
Section 68
substitute
Voluntary cancellation of registration or permit to teach
(1)The institute must cancel an approved teacher’s registration or permit to teach if—
(a)the teacher asks, in writing, for the cancellation; and
(b)the institute has no ground for believing that the teacher has contravened, or is contravening, this Act.
(2)However, if the teacher was given a registration certificate or card, or permit certificate or card, under former section 40, the registration or permit to teach may be cancelled only if the teacher—
(a)has returned the certificate or card to the institute; or
(b)has satisfied the institute that the certificate or card has been lost, stolen or destroyed.
Example
by a statement setting out the circumstances
NoteGiving false or misleading information is an offence against the Criminal Code, s 338.
(3)Subsections (2), (4) and this subsection expire 12 months after the day the Education (Early Childhood) Legislation Amendment Act 2023, section 28 commences.
(4)In this section:
former section 40—see section 41 (7).
Inquiries about registered addresses
Section 69 (1) (b)omit
registered school address
substitute
registered teaching address
Return of registration or permit certificates and cards on amendment, suspension or cancellation
Section 70 (1)substitute
(1)This section applies to a person—
(a)whose registration or permit to teach is amended, suspended or cancelled; and
(b)who was given, under former section 40, a registration certificate or card, or permit certificate or card.
New section 70 (7) and (8)
insert
(7)This section expires 12 months after the day the Education (Early Childhood) Legislation Amendment Act 2023, section 28 commences.
(8)In this section:
former section 40—see section 41 (7).
permit card, given to a person who is issued a permit to teach or whose permit to teach is renewed, means a card given to the person under former section 40.
permit certificate, of a person, means a permit to teach certificate given to the person under former section 40.
registration card, given to a person who is registered or whose registration is renewed, means a card given to the person under former section 40.
registration certificate, of a person, means a certificate of registration given to the person under former section 40.
New section 70CA
insert
70CAInstitute to give relevant information to prevent child harm
(1)This section applies if—
(a)the institute is satisfied on reasonable grounds that a person poses an unacceptable risk of harm to a child; and
(b)the person is, or has been, an approved teacher.
(2)The institute must give relevant information about the person to the regulatory authority or a corresponding registering authority if the institute is satisfied on reasonable grounds that giving the relevant information to the authority could prevent the person from harming a child.
(3)In this section:
notification event—see section 70B (3).
regulatory authority—see the Education and Care Services National Law (ACT), section 5 (1).
Note 1The director-general is the regulatory authority (see Education and Care Services National Law (ACT) Act 2011, s 10).
Note 2The Education and Care Services National Law (ACT) Act 2011, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010 (Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT).
relevant information, in relation to a person who is, or has been, an approved teacher, means any of the following information:
(a)the type of registration the person holds or has held;
(b)whether the person is, or has been, a permit-holder;
(c)whether the person’s application for registration or permit to teach has been refused;
(d)whether the person’s registration or permit to teach is suspended or cancelled;
(e)the nature of any conditions imposed on the person’s registration or permit to teach;
(f)the nature of any notification event that has happened in relation to the person;
(g)the person’s teaching qualifications;
(h)whether the person holds working with vulnerable people registration.
Criteria for accreditation of education programs
Section 76 (a) (i)omit
preschool
substitute
early childhood
Determination of standards
New section 97 (3)after the note, insert
(3)A notifiable instrument may apply, adopt or incorporate a law or instrument as in force from time to time.
NoteThe text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Reviewable decisions
Schedule 1, item 2, column 3omit
grant
substitute
issue
Schedule 1, new items 3A and 3B
insert
| 3A | 36 (2A) | fully or provisionally register applicant who applied for early childhood teacher registration | person applying for early childhood teacher registration |
| 3B | 36 (2B) | register as an early childhood teacher applicant who applied for full or provisional registration | person applying for full or provisional registration |
Schedule 1, items 4 and 7, column 3
omit
grant
substitute
issue
Schedule 1, item 10
omit
Dictionary, new definition of early childhood teacher
insert
early childhood teacher means a person registered as an early childhood teacher under this Act.
Dictionary, definitions of permit card and permit certificate
omit
Dictionary, definition of pre-service teacher education program
omit
preschool
substitute
early childhood
Dictionary, definition of registered school address
omit
Dictionary, definition of registered teacher
substitute
registered teacher means a person who—
(a)holds full or provisional registration; or
(b)is an early childhood teacher.
Dictionary, new definition of registered teaching address
insert
registered teaching address—see section 43 (1) (b).
Dictionary, definition of registration
substitute
registration means—
(a)full or provisional registration; or
(b)registration as an early childhood teacher.
Dictionary, new definition of registration as an early childhood teacher
insert
registration as an early childhood teacher means registration as an early childhood teacher under part 4.
Dictionary, definitions of registration card, registration certificate and registration number
omit
Part 3ACT Teacher Quality Institute Regulation 2010
New section 5A
in part 2, insert
5ADefinitions—pt 2
In this part:
accredited under a corresponding law—a pre-service teacher education program is accredited under a corresponding law if the program is accredited, approved or recognised (however described) under the corresponding law.
higher education award—see the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth), section 5.
higher education program means a program of learning that results in 1 or more higher education awards, other than a doctoral degree.
IELTS test means the International English Language Testing System academic test.
recognised country means any of the following:
(a)Australia;
(b)New Zealand;
(c)the United Kingdom;
(d)the United States of America;
(e)Canada;
(f)the Republic of Ireland.
Application for registration or permit to teach—details—Act, s 30 (2) (a)
Section 6 (e)after
provisional registration
insert
, registration as an early childhood teacher
Eligibility for full registration—teaching qualifications—Act, s 32 (1) (a)
Section 7omit
Eligibility for full registration—period of teaching—Act, s 32 (1) (b)
New section 9 (1A) and (1B)insert
(1A)In working out the period of a person’s teaching in Australia or New Zealand under subsection (1), any period of the person’s teaching carried out under a permit to teach is to be disregarded.
(1B)However, subsection (1A) does not apply if the institute is satisfied on reasonable grounds, having considered the person’s circumstances, that the period of a person’s teaching carried out under a permit to teach should be taken into account.
Section 9 (3)
substitute
(3)In this section:
permit to teach includes any of the following:
(a)a conditional accreditation under the Teacher Accreditation Act 2004 (NSW);
(b)an authorisation to employ an unregistered person as a teacher under the Teacher Registration (Northern Territory) Act 2004 (NT);
(c)a permission to teach under the Education (Queensland College of Teachers) Act 2005 (Qld);
(d)a special authority to teach under the Teachers Registration and Standards Act 2004 (SA);
(e)a limited authority under the Teachers Registration Act 2000 (Tas);
(f)a permission to teach under the Education and Training Reform Act 2006 (Vic);
(g)a limited registration under the Teacher Registration Act 2012 (WA);
(h)a limited authority to teach under the Education and Training Act 2020 (NZ).
teaching in Australia or New Zealand means teaching at—
(a)a government or non-government school under the Education Act 2004; or
(b)a school recognised (however described) under a law of a corresponding jurisdiction that regulates schools in the jurisdiction; or
(c)an approved education and care service under the Education and Care Services National Law (ACT).
NoteThe Education and Care Services National Law (ACT) Act 2011, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010 (Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT).
Eligibility for full registration—English language skills—Act, s 32 (1) (c)
Section 10omit
Section 12
substitute
Eligibility for provisional registration—teaching qualifications—Act, s 33 (1) (a)
The prescribed teaching qualifications are—
(a)a higher education program made up of at least 1 pre-service teacher education program accredited under—
(i)the Act, division 7.2; or
(ii)a corresponding law; or
(b)a higher education program that the institute is satisfied is equivalent to a program mentioned in paragraph (a).
Eligibility for provisional registration—English language communication requirements—s 33 (1) (b)
The prescribed English language communication requirements are that—
(a)the person’s teaching qualification mentioned in section 11 was undertaken in English in 1 or more recognised countries; or
(b)the person has, in the 2-year period before the day the application for full or provisional registration is made, undertaken—
(i)the IELTS test and achieved a score of at least band 8 in speaking and listening and at least band 7 in reading and writing; or
(ii)an English language proficiency test that the institute is satisfied is equivalent to the IELTS test and achieved a result that the institute is satisfied is sufficient for full or provisional registration.
New sections 12B and 12C
insert
12BEligibility for early childhood teacher registration—teaching qualifications—Act, s 33A (a)
(1)The prescribed teaching qualifications are—
(a)an approved early childhood teaching qualification under the national regulations; or
(b)a qualification determined by the Australian Children’s Education and Care Quality Authority, under the Education and Care Services National Law (ACT), section 169 (7), to be equivalent to the qualification mentioned in paragraph (a); or
(c)if the person applying for registration holds a teacher registration (however described) under a corresponding law—a qualification on the list of former qualifications approved as early childhood teaching qualifications under the national regulations, section 137 (2) (a).
NoteThe Education and Care Services National Law (ACT) Act 2011, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010 (Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT).
(2)In this section:
national regulations means the Education and Care Services National Regulations.
12CEligibility for early childhood teacher registration—English language communication requirements—Act, s 33A (b)
The prescribed English language communication requirements are that—
(a)the person has completed 1 or more years of academic study leading to a higher education award, other than a doctoral degree, in English in 1 or more recognised countries; or
(b)the person has, in the 2-year period before the day the application for registration as an early childhood teacher is made, undertaken—
(i)the IELTS test and achieved a score of at least band 8 in speaking and listening and at least band 7 in reading and writing; or
(ii)an English language proficiency test that the institute is satisfied is equivalent to the IELTS test and achieved a result that the institute is satisfied is sufficient for registration.
Additional eligibility requirements for permit to teach—English language skills—Act, s 35 (1) (a)
Section 13 (1) (a)substitute
(a)the person holds a qualification or teaching qualification undertaken in English in 1 or more recognised countries; or
Section 13 (1) (b) (ii)
omit
grant
substitute
issue
Renewal of full registration—period of teaching—Act, s 51 (5) (a) (i)
New section 17 (1A) and (1B)insert
(1A)In working out the period of a person’s teaching in Australia or New Zealand under subsection (1), any period of the person’s teaching carried out under a permit to teach is to be disregarded.
(1B)However, subsection (1A) does not apply if the institute is satisfied on reasonable grounds, having considered the person’s circumstances, that the period of a person’s teaching carried out under a permit to teach should be taken into account.
Dictionary, new definitions
insert
accredited under a corresponding law, for part 2 (Registration and permits to teach)—see section 5A.
higher education award, for part 2 (Registration and permits to teach)—see the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth), section 5.
higher education program, for part 2 (Registration and permits to teach)—see section 5A.
Dictionary, definition of IELTS test
substitute
IELTS test, for part 2 (Registration and permits to teach)—see section 5A.
Dictionary, new definition of recognised country
insert
recognised country, for part 2 (Registration and permits to teach)—see section 5A.
Part 4Education Act 2004
Dictionary
Section 3, note 1omit
For example, the signpost definition ‘carer—see section 6.’ means that the term ‘carer’ is defined in that section.
substitute
For example, the signpost definition ‘permanent resident—see the Australian Citizenship Act 2007 (Cwlth), section 5.’ means that the term ‘permanent resident’ is defined in that section and the definition applies to this Act.
Section 6
substitute
Meaning of parent
(1)For this Act, parent, of a child—
(a)means a person with parental responsibility for the child under the Children and Young People Act 2008, division 1.3.2; and
(b)includes an out-of-home carer for the child.
(2)In this section:
out-of-home carer, for a child—see the Children and Young People Act 2008, section 508.
General principles of Act
Section 7 (1)substitute
(1)Everyone involved in the administration of this Act, or in the education of children in the ACT, is to apply the following principles:
(a)a child learns from birth;
(b)the parents of a child are the child’s first teachers;
(c)every child has a right to receive a high-quality education.
Section 7 (2)
omit everything before paragraph (a), substitute
(2)Without limiting subsection (1) (c), a high-quality education is based on the following principles:
(aa)a high-quality early childhood education—
(i)provides long-term benefits for, and is important for the future wellbeing of, the child; and
(ii)should promote the objectives and guiding principles of the national education and care services quality framework under the Education and Care Services National Law (ACT);
Section 7 (2) (b) (ix)
omit
Indigenous students
substitute
children who are Aboriginal or Torres Strait Islander people
Section 7 (2), new note
insert
NoteThe Education and Care Services National Law (ACT) Act 2011, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010 (Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT).
New section 7 (4A)
insert
(4A)Sharing of information relating to a child’s education and care—
(a)allows the child to receive education and care services that are well-coordinated; and
(b)enables the best educational outcome for, and promotes the wellbeing of, the child; and
(c)facilitates the child’s transition between education and care service providers.
Main objects of Act
Section 8 (a)substitute
(a)to state the responsibilities of parents and the government in relation to education; and
(aa)to state the principles on which government and non-government school education and home education are based; and
(ab)to promote early childhood education by ensuring that every child can access—
(i)a high-quality early childhood education; and
(ii)the universal 3-year-old preschool, universal 4-year-old preschool or equity-based program; and
New section 8 (2)
insert
(2)In this section:
equity-based program means a government-funded preschool program delivered to a child on the basis of equity.
Examples
targeted 3-year-old initiative, Koori preschools, early entry preschools
universal 3-year-old preschool means a government-funded preschool program attended by a child in the year in which the child is at least 3 years old on 30 April of the year.
universal 4-year-old preschool means a government-funded preschool program attended by a child in the year in which the child is at least 4 years old on 30 April of the year.
New chapter 1A
insert
Chapter 1AEarly childhood education
8AEligible children may attend government-funded preschool programs
(1)The purpose of this section is to ensure that every eligible child can receive an early childhood education funded by the government in the 2 years before the child is of compulsory education age.
(2)An eligible child may enrol in a government‑funded preschool program in a year if the child—
(a)lives in the ACT; and
(b)is at least 3 years old on 30 April in the year.
(3)However, a provider of a government-funded preschool program may refuse to enrol an eligible child in the preschool program if enrolling the child would breach a condition of the provider’s service approval.
(4)In this section:
eligible child means a child who the director-general is satisfied meets the requirements for being eligible for enrolment in a government‑funded preschool program.
service approval, of a provider of a government-funded preschool program, see—the Education and Care Services National Law (ACT), section 5 (1).
NoteThe Education and Care Services National Law (ACT) Act 2011, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010 (Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT).
8BProcedures to encourage attendance at preschool programs delivered by government schools
(1)The director-general must, for a preschool program delivered by a government school, set up procedures to encourage attendance at the program by children who are enrolled in the program.
(2)The procedures must—
(a)state that attendance at the program is not compulsory; and
(b)state the benefits of a child’s regular attendance at the program; and
(c)include steps that may be taken to support a child’s attendance at the program.
Example—par (c)
referring the child’s parents to a support service
Section 17O
substitute
17OSuspension—government and Catholic system schools—delegation
The decision-maker for a government school or Catholic system school may delegate their powers under this part in relation to suspending a student at the school to—
(a)the principal of the school; and
(b)if the school is a government school—a public servant in the Education Directorate.
Example—par (b)
a Director of School Improvement
NoteFor laws about delegations, see the Legislation Act, pt 19.4.
Impacts of closing or amalgamating government schools
Section 20B (1) (a) (xi) and (d) (ii)omit
Indigenous
substitute
Aboriginal or Torres Strait Islander people
Section 67 (3) (a)
omit
of Australia
Internal review
New section 144 (1A)insert
(1A)However, if the internally reviewable decision is made under section 17H (Suspension), the decision may be reviewed only by a person mentioned in section 17O (Suspension—government and Catholic system schools—delegation), other than the person who made the decision.
Dictionary, new definition of Aboriginal or Torres Strait Islander person
insert
Aboriginal or Torres Strait Islander person means a person who—
(a)is a descendant of an Aboriginal person or a Torres Strait Islander person; and
(b)identifies as an Aboriginal person or a Torres Strait Islander person; and
(c)is accepted as an Aboriginal person or a Torres Strait Islander person by an Aboriginal community or Torres Strait Islander community.
Dictionary, definition of carer
omit
Dictionary, new definitions
insert
government-funded preschool program means a preschool program delivered by an entity that receives funding for the program from the Territory, other than funding paid by the Territory under an arrangement with the Commonwealth.
preschool program means a preschool program under the Education and Care Services National Law (ACT), section 5 (1).
NoteThe Education and Care Services National Law (ACT) Act 2011, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010 (Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT).
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 26 October 2023.
Notification
Notified under the Legislation Act on 11 December 2023.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the Education (Early Childhood) Legislation Amendment Bill 2023, which was passed by the Legislative Assembly on 29 November 2023.
Clerk of the Legislative Assembly
© Australian Capital Territory 2023
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