Education (General Provisions) Amendment Regulation (No. 1) 2001 (Qld)

Queensland Subordinate Legislation 2001 No. 273 Education (General Provisions) Act 1989 EDUCATION (GENERAL PROVISIONS) AMENDMENT REGULATION (No. 1) 2001 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Replacement of s 51 (Conduct of school tuckshops and other amenities by an association) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 51 Conduct of school tuckshops and other amenities by an association 3 4 Insertion of new s 51A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 51A Minister to review decision to close amenity. . . . . . . . . . . . . . . . . . . 4 5 Replacement of ss 52 and 53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Division 1—Preliminary 52 Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Division 2—Dissolution for noncompliance with a public interest direction 53 Minister to give a school council a show cause notice . . . . . . . . . . . 5 53A Minister must consider representations . . . . . . . . . . . . . . . . . . . . . . . 6 53B Ending the show cause process without further action . . . . . . . . . . . 6 53C Dissolution of school council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Division 3—When chief executive may dissolve councils’. 6 Amendment of s 60 (Allowances to certain student hostels) . . . . . . . . . . . . 7 7 Replacement of s 62 (Remote area tuition allowance) . . . . . . . . . . . . . . . . . 7 62 Remote area tuition allowance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Amendment of s 64 (Remote area agricultural college allowance). . . . . . . . 8

2 Education (General Provisions) Amendment Regulation (No. 1) 2001 No. 273, 2001 9 Replacement of sch 1 (Allowances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 SCHEDULE 1 ALLOWANCES 10 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

s1 3 s3 Education (General Provisions) Amendment Regulation (No. 1) 2001 No. 273, 2001 1 Short title This regulation may be cited as the Education (General Provisions) Amendment Regulation (No. 1) 2001 . 2 Regulation amended This regulation amends the Education(GeneralProvisions)Regulation 2000. 3 Replacement of s 51 (Conduct of school tuckshops and other amenities by an association) Section 51— omit, insert— ‘51 Conduct of school tuckshops and other amenities by an association ‘ (1) An association may conduct, at a State school, a tuckshop or other amenity (an “amenity” ) other than an amenity conducted by the principal of the school, if the association reasonably believes the amenity is likely to help staff members in their professional duties or help students of the school in their studies. ‘ (2) The chief executive may, by written notice to an association that conducts an amenity under subsection (1), order— (a) the closure of the amenity, if the chief executive reasonably believes the amenity— (i) is not helping, or is hindering, staff members in their professional duties; or (ii) is not helping, or is hindering, students of the school in their studies; or (b) the immediate closure of the amenity, if the chief executive reasonably believes— (i) a matter mentioned in paragraph (a)(i) or (ii); and (ii) it is necessary, in the interests of the health or safety of the staff members or the students, to immediately close the amenity.

s4 4 s4 Education (General Provisions) Amendment Regulation (No. 1) 2001 No. 273, 2001 ‘ (3) A notice ordering a closure under subsection (2)(a) must state— (a) the day, not less than 28 days after the association receives the notice, when the amenity is to be closed; and (b) the reasons the chief executive believes a matter mentioned in subsection (2)(a)(i) or (ii); and (c) that the association may, within 28 days after receiving the notice, ask the Minister to review the chief executive’s decision to order the closure of the amenity. ‘ (4) A notice ordering an immediate closure of an amenity under subsection (2)(b) must state— (a) that the amenity must be closed immediately; and (b) the reasons the chief executive believes a matter mentioned in subsection (2)(a)(i) or (ii); and (c) the reasons the chief executive believes it is necessary, in the interests of the health or safety of the staff members or the students, to close the amenity immediately; and (d) that the association may, within 28 days after receiving the notice, ask the Minister to review the chief executive’s decision to order the closure of the amenity. ‘ (5) An association must comply with an order to close an amenity. ‘ (6) Despite subsection (5), if an association receives a notice under subsection (2)(a) and asks the Minister to review the chief executive’s decision under section 51A(2), the association may continue to conduct the amenity until it receives written notice under section 51A(3)(c).’. 4 Insertion of new s 51A After section 51— insert — ‘51A Minister to review decision to close amenity ‘ (1) This section applies if the chief executive gives an association a notice under section 51(2). ‘ (2) The association may, within 28 days after receiving the notice, ask the Minister to review the chief executive’s decision to order the closure of

s5 5 s5 Education (General Provisions) Amendment Regulation (No. 1) 2001 No. 273, 2001 the amenity by giving the Minister a written notice stating the grounds for the review. ‘ (3) The Minister must, as soon as practicable— (a) review the chief executive’s decision and consider the grounds for the review; and (b) decide to affirm or set aside the chief executive’s decision; and (c) give written notice to the association about the Minister’s decision and the reasons for it. ‘ (4) If the Minister affirms the chief executive’s decision, the association must close the amenity within the reasonable time stated in the Minister’s notice.’. 5 Replacement of ss 52 and 53 Sections 52 and 53— omit, insert — ‘Division 1—Preliminary ‘52 Application of part This part prescribes circumstances in which a school council is dissolved under section 75(1)(b) 1 of the Act. ‘Division 2—Dissolution for noncompliance with a public interest direction ‘53 Minister to give a school council a show cause notice ‘ (1) This section applies if the Minister has given a school council a direction under section 79 2 of the Act (a “public interest direction” ) and believes the council has not complied with the direction. 1 Section 75 (Dissolution of school council) of the Act 2 Section 79 (Minister’s power to give directions in the public interest) of the Act

s5 6 s5 Education (General Provisions) Amendment Regulation (No. 1) 2001 No. 273, 2001 ‘ (2) The Minister must give the council a written notice (a “show cause notice” ) stating the following— (a) the reasons for the Minister’s belief that the council has not complied with the public interest direction; (b) if the council does not comply with the public interest direction within a stated period (the “show cause period” ), the council is liable to be dissolved; (c) the council may make written representations to the Minister within the show cause period to show— (i) that the council has complied with the public interest direction; or (ii) why the council should not be dissolved for not complying with the direction. ‘ (3) The show cause period must end not less than 28 days after the show cause notice is given to the council. ‘53A Minister must consider representations ‘The Minister must consider, as soon as practicable, any written representations made under section 53(2)(c) within the show cause period. ‘53B Ending the show cause process without further action ‘ (1) This section applies if, after considering the representations, the Minister is satisfied— (a) the council has complied with the public interest direction; or (b) the council should not be dissolved for not complying with the direction. ‘ (2) The Minister must immediately give the council a written notice stating that no further action is to be taken under the show cause notice. ‘53C Dissolution of school council ‘ (1) This section applies if, after the end of the show cause period— (a) there are no representations made under section 53(2)(c); or

s6 7 s7 Education (General Provisions) Amendment Regulation (No. 1) 2001 No. 273, 2001 (b) after considering all representations made under section 53(2)(c), the Minister is satisfied the council should be dissolved for not complying with the public interest direction. ‘ (2) The Minister must give the council a written notice (a “dissolution notice” ) that the council is dissolved from the day the council receives the notice. ‘ (3) The school council is dissolved from the day the council receives the dissolution notice. ‘Division 3—When chief executive may dissolve councils ’. 6 Amendment of s 60 (Allowances to certain student hostels) Section 60(2)(a) and (b)— omit, insert— ‘(a) if GST is not payable—schedule 1, part 3, division 1; or (b) if GST is payable—schedule 1, part 3, division 2. ‘ (3) However, the Minister may only pay the student hostel pastoral care grant to a maximum of— (a) if GST is not payable—$8 000 a year for each hostel; or (b) if GST is payable—$8 800 a year for each hostel.’. 7 Replacement of s 62 (Remote area tuition allowance) Section 62— omit, insert— ‘62 Remote area tuition allowance ‘ (1) This section applies if— (a) a student of a non-State school in receipt of subsidy (an “eligible school” ), other than a preschool student— (i) lives in a remote area; and

s8 8 s9 Education (General Provisions) Amendment Regulation (No. 1) 2001 No. 273, 2001 (ii) boards away from home at the eligible school or another non-State school under an agreement between the eligible school and the other school; and (b) the eligible school charges for tuition. ‘ (2) The Minister may each year, on written application by the student’s parent, pay the eligible school a remote area tuition allowance mentioned in schedule 1, part 4.’. 8 Amendment of s 64 (Remote area agricultural college allowance) Section 64, ‘$1 292’— omit, insert— ‘$1 367’. 9 Replacement of sch 1 (Allowances) Schedule 1— omit, insert— ‘SCHEDULE 1 ‘ALLOWANCES sections 57, 59, 60, 62 and 63

s9 9 s9 Education (General Provisions) Amendment Regulation (No. 1) 2001 No. 273, 2001 PART 1—TEXTBOOK AND RESOURCE ALLOWANCE $ per year 1. Years 8, 9 and 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76.00 2. Years 11 and 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 173.00 3. 2 year training course at an agricultural college . . . . . . 173.00 PART 2—ALLOWANCE TO SCHOOLS IN RECEIPT OF SUBSIDY Division 1—If GST is not payable $ per year 1. For each student 4 years or more in preschool . . . . . . . 408.00 2. For each student in years 1 to 7 . . . . . . . . . . . . . . . . . .. 816.00 3. For each student in years 8 to 12 . . . . . . . . . . . . . . . . . 1 248.00 Division 2—If GST is payable $ per year 1. For each student 4 years or more in preschool . . . . . . . 448.80 2. For each student in years 1 to 7 . . . . . . . . . . . . . . . . . .. 897.60 3. For each student in years 8 to 12 . . . . . . . . . . . . . . . . . 1 372.80

s 9 10 s 9 Education (General Provisions) Amendment Regulation (No. 1) 2001 No. 273, 2001 PART 3—ALLOWANCE FOR STUDENT HOSTELS Division 1—If GST is not payable $ per year 1. Student hostel general purpose grant . . . . . . . . . . . . . . 658.00 2. Student hostel pastoral care grant . . . . . . . . . . . . . . . . . 400.00 Division 2—If GST is payable $ per year 1. Student hostel general purpose grant . . . . . . . . . . . . . . 723.80 2. Student hostel pastoral care grant . . . . . . . . . . . . . . . . . 440.00 PART 4—REMOTE AREA TUITION ALLOWANCE 1. For section 62, the following remote area tuition allowance may be paid to a school— (a) for a primary school— (i) if the charge is not more than $1 088.00—the amount of the charge; or (ii) if the charge is more than $1 088.00—$1 088.00 plus 50c for each dollar charged that is more than $1 088.00, to a maximum of $2 178.00; (b) for a secondary school— (i) if the charge is not more than $1 569.00—the amount of the charge; or

s 9 11 s 9 Education (General Provisions) Amendment Regulation (No. 1) 2001 No. 273, 2001 (ii) if the charge is more than $1 569.00—$1 569.00 plus 50c for each dollar charged that is more than $1 569.00, to a maximum of $3 138.00; (c) for a school that does not distinguish between primary and secondary education for certain students with disabilities and provides only special education for those students— (i) for a student who will be less than 13 years at the end of the year for which the allowance is paid— (A) if the charge is not more than $1 088.00—the amount of the charge; or (B) if the charge is more than $1 088.00—$1 088.00 plus 50c for each dollar charged that is more than $1 088.00, to a maximum of $2 178.00; and (ii) for a student who will be 13 years or more at the end of the year for which the allowance is paid— (A) if the charge is not more than $1 569.00—the amount of the charge; or (B) if the charge is more than $1 569.00—$1 569.00 plus 50c for each dollar charged that is more than $1 569.00, to a maximum of $3 138.00. PART 5—REMOTE AREA TRAVEL ALLOWANCE 1. For section 63, the following remote area travel allowance may be paid to a parent— (a) if the student travels— (i) from a home in area 1 to a place in area 3—$856.00; or (ii) from a home in area 2 to a place in area 3— (A) if the shortest trafficable route by road is via area 1—$856.00; or (B) otherwise—$284.00; or (iii) from a home in area 3 to a place in area 3—

s 10 12 s 10 Education (General Provisions) Amendment Regulation (No. 1) 2001 No. 273, 2001 (A) if the shortest trafficable route by road is via area 2—$284.00; or (B) otherwise—$94.00; (b) if the student travels to a place in area 1 or area 2 and the most convenient direct route by road is— (i) not more than 150 km and takes— (A) not more than 3 h—$94.00; or (B) more than 3 h but not more than 4 h—$190.00; or (C) more than 4 h—$284.00; or (ii) more than 150 km but not more than 300 km and takes— (A) not more than 4 h—$190.00; or (B) more than 4 h—$284.00; or (iii) more than 300 km—$284.00. 2. In this part— “area 1” see part 6, division 1. “area 2” see part 6, division 2. “area 3” see part 6, division 3.’. 10 Amendment of sch 3 (Dictionary) Schedule 3— insert — ‘ “public interest direction” see section 53. “show cause notice” see section 53. “show cause period” see section 53.’.

13 Education (General Provisions) Amendment Regulation (No. 1) 2001 ENDNOTES 1. Made by the Governor in Council on 20 December 2001. 2. Notified in the gazette on 21 December 2001. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Education. No. 273, 2001 © State of Queensland 2001