Education Legislation Amendment Act 2012 (Qld)

Queensland Education Legislation Amendment Act 2012 Act No. 35 of 2012

Queensland Education Legislation Amendment Act 2012 Contents Part 1 1 Part 2 2 3 4 Part 3 5 6 7 8 9 10 11 12 13 14 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of Education and Training LegislationAmendment Act 2011 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 9 (Insertion of new s 365A) . . . . . . . . . . . . . . . . 4 Amendment of s 11 (Insertion of new ss 366A and 366B) . . . . . . 5 Amendment of Education (General Provisions) Act 2006 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of s 50 (State education to be free) . . . . . . . . . . . . . 5 Amendment of s 288F (Exclusion of student by principal) . . . . . . 6 Amendment of s 293 (Exclusion of student by principal’s supervisor) .................................... 6 Amendment of s 302 (Exclusion of student by chief executive) . . 6 Omission of s 314 (Periodic review of decision to exclude permanently on ground mentioned in s 288B, 289 or 298—person under 17 years). . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Amendment of s 315 (Periodic review of decision to exclude permanently on ground mentioned in s 288B, 289 or 298—person aged from 17 to 24 years). . . . . . . . . . . . . . . . . . . . 7 Amendment of s 365 (Obligation to report sexual abuse of person under 18 years at State school) . . . . . . . . . . . . . . . . . . . . 7 Amendment of s 368 (Provision of scholarships and payment of allowances). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Insertion of new ch 19, pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Part 1A Distance education pre-preparatory learning program 419E Distance education pre-preparatory learning program 8 419F Registration in programs . . . . . . . . . . . . . . . . . . . . . . 9

Education Legislation Amendment Act 2012 Contents 15 16 17 18 Part 4 19 20 21 22 23 419G Review of decision to refuse to grant an application . 419H Status of children registered in programs. . . . . . . . . . Amendment of s 426 (Confidentiality) . . . . . . . . . . . . . . . . . . . . . Amendment of s 428 (Collection of demographic information). . . Insertion of new ch 20, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 5 Transitional provision for Education Legislation Amendment Act 2012 512 Final notice for written submission under s 314 . . . . . Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Education (Queensland College ofTeachers)Act2005 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 230 (College’s functions about registration and permission to teach) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 235 (Professional standards). . . . . . . . . . . . . . 235 Professional standards . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ch 12, pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 14 Transitional provision for Education Legislation Amendment Act 2012 353 Existing standards continue in force. . . . . . . . . . . . . . Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 10 11 11 11 12 12 13 13 13 14 14 15 15 16 Page 2 2012 Act No. 35

Queensland Education Legislation Amendment Act 2012 Act No. 35 of 2012 An Act to amend the Education and Training Legislation Amendment Act2011, the Education (General Provisions) Act 2006 and the Education(Queensland College of Teachers) Act 2005 for particular purposes [Assented to 22 November 2012]

Education Legislation Amendment Act 2012 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Education Legislation Amendment Act 2012 . Part 2 Amendment of Education and Training Legislation Amendment Act 2011 2 Act amended This part amends the EducationandTrainingLegislationAmendment Act 2011 . 3 Amendment of s 9 (Insertion of new s 365A) (1) Section 9, inserted section 365A(1)(b)— omit, insert — ‘(b) a pre-preparatory age child registered in— (i) a pre-preparatory learning program at the school; or (ii) a distance education pre-preparatory learning program at the school;’. (2) Section 9, inserted section 365A— insert— Page 4 2012 Act No. 35

Education Legislation Amendment Act 2012 Part 3 Amendment of Education (General Provisions) Act 2006 [s 4] ‘(10) To remove any doubt, it is declared that a person does not commit an offence against this or another Act only because the person omits to do an act required under this section.’. Editor’s note — Subsections (1) to (2), legislation ultimately amended— • Education (General Provisions) Act 2006 4 Amendment of s 11 (Insertion of new ss 366A and 366B) Section 11, inserted section 366A— insert— ‘(9) To remove any doubt, it is declared that a person does not commit an offence against this or another Act only because the person omits to do an act required under this section.’. Editor’s note — Legislation ultimately amended— • Education (General Provisions) Act 2006 Part 3 Amendment of Education (General Provisions) Act 2006 5 Act amended This part amends the Education(GeneralProvisions)Act2006. 6 Amendment of s 50 (State education to be free) Section 50(1)(b)— omit , insert — 2012 Act No. 35 Page 5

Education Legislation Amendment Act 2012 Part 3 Amendment of Education (General Provisions) Act 2006 [s 7] ‘(b) a person who is a pre-preparatory age child registered in— (i) a pre-preparatory learning program at a prescribed State school; or (ii) a distance education pre-preparatory learning program at a State school;’. 7 Amendment of s 288F (Exclusion of student by principal) Section 288F(3)— insert— ‘(f) if the student is excluded from the school permanently—that the student may make a periodic written submission to the chief executive under division 6.’. 8 Amendment of s 293 (Exclusion of student by principal’s supervisor) Section 293(3)— insert — ‘(e) if the student is excluded from the school or schools permanently—that the student may make a periodic written submission to the chief executive under division 6.’. 9 Amendment of s 302 (Exclusion of student by chief executive) Section 302(3)— insert — ‘(f) if the student is excluded from the school or schools permanently—that the student may make a periodic written submission to the chief executive under division 6.’. Page 6 2012 Act No. 35

Education Legislation Amendment Act 2012 Part 3 Amendment of Education (General Provisions) Act 2006 [s 10] 10 Omission of s 314 (Periodic review of decision to exclude permanently on ground mentioned in s 288B, 289 or 298—person under 17 years) Section 314— omit . 11 Amendment of s 315 (Periodic review of decision to exclude permanently on ground mentioned in s 288B, 289 or 298—person aged from 17 to 24 years) (1) Section 315, heading, ‘aged from 17 to’— omit , insert — ‘ under ’. (2) Section 315(1)— omit , insert — ‘(1) This section applies to a person under 24 years who is excluded permanently— (a) from a State school at which the person was enrolled immediately before the exclusion on a ground mentioned in— (i) section 288B(1) or (2); or (ii) section 289(1) or (2); or (iii) section 298; or (b) from certain State schools on a ground mentioned in— (i) section 289(1); or (ii) section 298; or (c) from all State schools on a ground mentioned in section 298.’. 12 Amendment of s 365 (Obligation to report sexual abuse of person under 18 years at State school) Section 365(1)(b)— 2012 Act No. 35 Page 7

Education Legislation Amendment Act 2012 Part 3 Amendment of Education (General Provisions) Act 2006 [s 13] omit , insert — ‘(b) a pre-preparatory age child registered in— (i) a pre-preparatory learning program at the school; or (ii) a distance education pre-preparatory learning program at the school;’. 13 Amendment of s 368 (Provision of scholarships and payment of allowances) Section 368(1)— insert — ‘(f) pay an allowance or subsidy to a person to offset the person’s costs in participating in a distance education pre-preparatory learning program under chapter 19, part 1A. Example of costs that may be offset for paragraph (f)— computer hardware, internet or phone expenses’. 14 Insertion of new ch 19, pt 1A Chapter 19— insert — ‘Part 1A Distance education pre-preparatory learning program ‘419E Distance education pre-preparatory learning program ‘The Minister may approve a program focused on literacy and numeracy, for preparing a child for education in the preparatory year, to be a distance education pre-preparatory learning program for a State school providing distance education. Page 8 2012 Act No. 35

Education Legislation Amendment Act 2012 Part 3 Amendment of Education (General Provisions) Act 2006 [s 14] ‘419F Registration in programs ‘(1) A parent of a pre-preparatory age child may apply to register the child in a distance education pre-preparatory learning program provided by a State school. ‘(2) The application must be made, in the approved form, to the principal of the school. ‘(3) The principal may grant the application if satisfied— (a) the child is— (i) an Australian citizen or permanent resident; or (ii) a child of an Australian citizen or permanent resident; and (b) the child— (i) lives, in the child’s principal place of residence, at least 16km by the most direct route by road from the nearest centre-based service catering to pre-preparatory aged children; or (ii) has a medical certificate stating that the child is unable to attend a centre-based service for more than 10 consecutive weeks due to the child’s state of health; or (iii) has an itinerant lifestyle. ‘(4) For subsection (3)(b)(iii), the child has an itinerant lifestyle only if, because of the nature of the occupation of a parent of the child— (a) the child’s principal place of residence is likely to change at least twice during the registration year; or (b) the child will have to spend a period of at least 10 weeks, or a number of periods of at least 2 weeks that total at least 10 weeks, away from the child’s principal place of residence during the registration year. Example of an occupation for subsection (4) — carnival worker, contract harvester or shearer 2012 Act No. 35 Page 9

Education Legislation Amendment Act 2012 Part 3 Amendment of Education (General Provisions) Act 2006 [s 14] ‘(5) The principal must give the applicant a notice of the principal’s decision to grant or refuse to grant the application. ‘(6) If the decision is to refuse to grant the application, the notice must include the principal’s reasons for the decision. ‘(7) In this section— centre-based service means an education and care service other than a family day care service. education and care service see the EducationandCareServices National Law (Queensland), section 5(1). family day care service see the Education and Care ServicesNational Law (Queensland), section 5(1). medical certificate means a certificate signed by— (a) a person registered under the HealthPractitionerRegulation National Law to practise in the psychology profession other than as a student; or (b) a medical practitioner. permanent resident means the holder of a permanent visa as defined by the Migration Act 1958 (Cwlth), section 30(1). pre-preparatory age child means a child who will be at least 4 years and 6 months on 31 December in the child’s registration year. registration year , for a child, means the year proposed for the child’s registration in a distance education pre-preparatory learning program. ‘419G Review of decision to refuse to grant an application ‘(1) This section applies if a decision is made under section 419F to refuse to grant an application for registration. ‘(2) The applicant may apply to the chief executive, within 21 days after notice of the decision is given to the applicant under section 419F(5), for a review of the decision. ‘(3) The application must state fully the grounds for the submission and the facts relied on. Page 10 2012 Act No. 35

Education Legislation Amendment Act 2012 Part 3 Amendment of Education (General Provisions) Act 2006 [s 15] ‘(4) After reviewing the decision, the chief executive must decide to— (a) confirm the decision; or (b) set aside the decision and grant the application. ‘(5) The chief executive must as soon as practicable give a notice to the applicant about the chief executive’s decision and the reasons for the decision. ‘419H Status of children registered in programs ‘A child registered in a distance education pre-preparatory learning program provided by a school is not, for this Act— (a) a student of the school; or (b) enrolled at the school; or (c) enrolled in a program of distance education at the school.’. 15 Amendment of s 426 (Confidentiality) Section 426(1)(b)(ii)— insert — ‘(C) who is or has been registered in a distance education pre-preparatory learning program; or (D) for whom an application for registration has been made under section 419F; or’. 16 Amendment of s 428 (Collection of demographic information) Section 428(1)(b)— omit , insert — ‘(b) a pre-preparatory age child registered in— 2012 Act No. 35 Page 11

Education Legislation Amendment Act 2012 Part 3 Amendment of Education (General Provisions) Act 2006 [s 17] (i) a pre-preparatory learning program at a State school; or (ii) a distance education pre-preparatory learning program;’. 17 Insertion of new ch 20, pt 5 Chapter 20— insert — ‘Part 5 Transitional provision for Education Legislation Amendment Act 2012 ‘512 Final notice for written submission under s 314 ‘(1) This section applies to a person who immediately before the commencement of this section (the commencement ) was entitled to receive a notice under section 314(2) at a time after the commencement. ‘(2) The chief executive must, as soon as practicable, but within 6 months after the commencement, give the person a notice (the final notice ) stating the following— (a) that the person will not receive any further notices under section 314; (b) that the person may make a periodic written submission to the chief executive under chapter 12, part 3, division 6. ‘(3) If the person received a notice under section 314(2) before the commencement and the time for the person to make a submission (the submission period ) had not ended before the commencement— (a) the person may make a written submission within the submission period; and Page 12 2012 Act No. 35

Education Legislation Amendment Act 2012 Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 18] (b) the submission is taken to have been made, and must be dealt with, under section 315. ‘(4) If a submission about whether the person’s exclusion should be revoked was made to the chief executive under section 314(5), but, before the commencement, the chief executive had not made a decision about the submission, the submission— (a) is taken to have been made under section 315; and (b) must be dealt with under section 315.’. 18 Amendment of sch 4 (Dictionary) Schedule 4— insert — ‘ distance education pre-preparatory learning program means a program approved under section 419E.’. Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 19 Act amended This part amends the Education(QueenslandCollegeofTeachers) Act 2005 . 20 Amendment of s 230 (College’s functions about registration and permission to teach) Section 230(i), ‘developing and applying’— omit , insert — ‘developing or adopting, and applying,’. 2012 Act No. 35 Page 13

Education Legislation Amendment Act 2012 Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 21] 21 Replacement of s 235 (Professional standards) Section 235— omit, insert — ‘235 Professional standards ‘(1) The college must— (a) adopt the national professional standards; or (b) with the approval of the Minister, adopt or develop standards other than the national professional standards. ‘(2) The college may amend standards it has adopted or developed under subsection (1)(b). ‘(3) When acting under subsection (1) or (2), the college— (a) must consult with the chief executive and the representative entities; and (b) may consult with other entities it considers appropriate. ‘(4) The purpose of the professional standards is to detail the abilities, experience, knowledge or skills expected of teachers to help the college decide— (a) whether to approve a preservice teacher education program; and (b) whether an applicant for provisional or full registration, or an applicant for the renewal of full registration, meets the professional practice requirements. ‘(5) The professional standards may provide for all or any of the following matters— (a) the abilities, knowledge and skills required for provisional registration; (b) the abilities, experience, knowledge and skills required for full registration; (c) the abilities, experience, knowledge and skills required for renewal of full registration. Page 14 2012 Act No. 35

Education Legislation Amendment Act 2012 Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 22] ‘(6) If the professional standards are inconsistent with a requirement under this Act, the standards are invalid to the extent of the inconsistency. ‘(7) The college must— (a) make the professional standards available for inspection on its internet site; and Editor’s note — The college’s internet site is located at < (b) ensure copies of the professional standards, and each document applied, adopted or incorporated by the standards, are kept available for inspection, free of charge, at the office. ‘(8) In this section— national professional standards means the national professional standards prescribed under a regulation.’. 22 Insertion of new ch 12, pt 14 After chapter 12, part 13— insert — ‘Part 14 Transitional provision for Education Legislation Amendment Act 2012 ‘353 Existing standards continue in force ‘(1) This section applies to the professional standards developed by the college and in force immediately before the commencement of this section. ‘(2) The professional standards mentioned in subsection (1) continue in force until the college adopts or develops professional standards under section 235(1)(a) or (b).’. 2012 Act No. 35 Page 15

Education Legislation Amendment Act 2012 Part 4 Amendment of Education (Queensland College of Teachers) Act 2005 [s 23] 23 Amendment of sch 3 (Dictionary) Schedule 3, definition professional standards — omit , insert — ‘ professional standards means the standards adopted or developed under section 235(1)(a) or (b).’. © State of Queensland 2012 Page 16 2012 Act No. 35