Education Legislation Amendment Regulation (No. 1) 2004 (Qld)

Queensland Subordinate Legislation 2004 No. 19 Education (Accreditation of Non-State Schools) Act 2001 Education (General Provisions) Act 1989 EDUCATION LEGISLATION AMENDMENT REGULATION (No. 1) 2004 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 PART 2—AMENDMENT OF EDUCATION (GENERAL PROVISIONS) REGULATION 2000 3 Regulation amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Insertion of new s 76AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 76AA Report about sexual abuse—Act, ss 146A and 146B . . . . . . . . . . . . 2 PART 3—AMENDMENT OF EDUCATION (ACCREDITATION OF NON-STATE SCHOOLS) REGULATION 2001 5 Regulation amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Amendment of s 10 (Health, safety and conduct of staff and students) . . . . 3

s1 2 s4 Education Legislation Amendment Regulation (No. 1) 2004 No. 19, 2004 PART 1—PRELIMINARY 1 Short title This regulation may be cited as the Education Legislation Amendment Regulation (No. 1) 2004 . 2 Commencement This regulation commences on 19 April 2004. PART 2—AMENDMENT OF EDUCATION (GENERAL PROVISIONS) REGULATION 2000 3 Regulation amended in pt 2 This part amends the Education (General Provisions) Regulation 2000 . 4 Insertion of new s 76AA After section 76— insert— ‘76AA Report about sexual abuse—Act, ss 146A and 146B ‘A report under section 146A or 146B 1 of the Act must include the following particulars— (a) the name of the person giving the report (the “first person” ); (b) the student’s name and sex; (c) details of the basis for the first person becoming aware, or reasonably suspecting, that the student has been sexually abused by an employee of the school; 1 Section 146A (Obligation to report sexual abuse of student under 18 years attending State school) or 146B (Obligation to report sexual abuse of student under 18 years attending non-State school) of the Act

s5 3 s6 Education Legislation Amendment Regulation (No. 1) 2004 No. 19, 2004 (d) details of the abuse or suspected abuse; (e) any of the following information of which the first person is aware— (i) the student’s age; (ii) the identity of the employee who has abused, or is suspected to have abused, the student; (iii) the identity of anyone else who may have information about the abuse or suspected abuse.’. PART 3—AMENDMENT OF EDUCATION (ACCREDITATION OF NON-STATE SCHOOLS) REGULATION 2001 5 Regulation amended in pt 3 This part amends the Education(AccreditationofNon-StateSchools)Regulation 2001 . 6 Amendment of s 10 (Health, safety and conduct of staff and students) Section 10(5)(a) and (b)— omit, insert— ‘(a) a process for reporting sexual abuse or suspected sexual abuse in compliance with the Education(GeneralProvisions) Act1989 , section146B; 2 (b) a process for— (i) the reporting by a staff member, to the school’s principal or another person nominated in the process, of harm that— 2 Education (General Provisions) Act 1989 , section 146B (Obligation to report sexual abuse of student under 18 years attending non-State school)

s6 4 s6 Education Legislation Amendment Regulation (No. 1) 2004 No. 19, 2004 (A) the staff member is aware or reasonably suspects has been caused to a student who, when the harm was caused or is suspected to have been caused, was under 18 years; and (B) is not harm to which the process mentioned in paragraph (a) applies; and (ii) the reporting by the principal or other person, to a relevant State authority, of the harm or suspected harm if the principal or other person also is aware or reasonably suspects the harm has been caused.’. ENDNOTES 1. Made by the Governor in Council on 18 March 2004. 2. Notified in the gazette on 19 March 2004. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Education. © State of Queensland 2004