Education (Queensland Studies Authority) Act 2002 (Qld)

Queensland Education (Queensland Studies Authority) Act 2002 Current as at 1 July 2013

Information about this reprint This reprint shows the legislation current as at the date on the cover and is authorised by the Parliamentary Counsel. A new reprint of the legislation will be prepared by the Office of the Queensland Parliamentary Counsel when any change to the legislation takes effect. This change may be because a provision of the original legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed. When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is necessary to replace this reprint before a new reprint is prepared, for example, to include amendments with a retrospective commencement, an appropriate note would be included on the cover of the replacement reprint and on the copy of this reprint at The endnotes to this reprint contain detailed information about the legislation and reprint. For example— • The table of reprints endnote lists any previous reprints and, for this reprint, gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. • The list of legislation endnote gives historical information about the original legislation and the legislation which amended it. It also gives details of uncommenced amendments to this legislation. For information about possible amendments to the legislation by Bills introduced in Parliament, see the Queensland Legislation Current Annotations at information.htm. • The list of annotations endnote gives historical information at section level. All Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints are not continued.

Queensland Education (Queensland Studies Authority) Act 2002 Contents Part 1 Division 1 1 2 Division 2 3 Division 3 4 Division 4 5 Part 2 Division 1 6 Division 2 7 7A 8 9 10 10A 11 12 13 14 14A Page Preliminary Introduction Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Objects Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Guiding principles for achieving Act’s objects Guiding principles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Interpretation Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Establishment, functions and powers of Queensland Studies Authority Establishment Establishment of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Functions Authority’s functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Application of div 2 to recognised schools . . . . . . . . . . . . . . . . . . 10 Development and purchase functions . . . . . . . . . . . . . . . . . . . . . 10 Accreditation function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Testing functions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Testing functions for common national tests. . . . . . . . . . . . . . . . . 12 Assessment functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Moderation function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Certification functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Vocational education and training functions . . . . . . . . . . . . . . . . . 14 Student account functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Education (Queensland Studies Authority) Act 2002 Contents 15 Tertiary entrance functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Research function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Other functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3 Authority’s powers 18 Powers of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4 Tests and notifications of syllabuses and guidelines 19 Tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19A Common national tests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Notification of approved or accredited syllabus or guideline . . . . 21 Notice to be given to nominated body . . . . . . . . . . . . . . . . . . . . . Part 2A Student accounts Division 1 Preliminary 21A Explanation and purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21B Definitions for pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21C Meaning of student account phase . . . . . . . . . . . . . . . . . . . . . . . Division 2 Opening student accounts Subdivision 1 Accounts for young persons about to enter, or in, the compulsory participation phase 21D When an account must be opened. . . . . . . . . . . . . . . . . . . . . . . . 21E Who must open an account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21F How an account is opened . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21G Obligation to open an account for young persons in other circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 1A Accounts for students of recognised schools 21GA Who may have an account opened under sdiv 1A . . . . . . . . . . . . 21GB Who may open an account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21GC How an account is opened . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Accounts for other persons 21H Who may have an account opened under sdiv 2 . . . . . . . . . . . . . 21I How an account is opened . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 3 Account numbers for student accounts 21J Authority to assign account number etc. . . . . . . . . . . . . . . . . . . . Division 3 Provision of account information to the authority Subdivision 1 Providers’ obligations to give information 21K Obligation to notify enrolment—eligible option . . . . . . . . . . . . . . . 21L Obligation to notify enrolment—certification studies . . . . . . . . . . 15 16 16 17 18 19 19 20 20 21 22 22 22 23 24 25 25 25 26 26 27 28 29 Page 2

Education (Queensland Studies Authority) Act 2002 Contents 21M 21N 21O Subdivision 1A 21OA 21OB 21OC 21OD Subdivision 2 21P 21Q Subdivision 3 21R Division 4 21S 21T 21U 21V 21W 21X Division 5 21Y 21Z 21ZA 21ZB 21ZC Part 3 22 23 23A 24 Obligation to notify results—certification studies . . . . . . . . . . . . . Obligation to notify other matters . . . . . . . . . . . . . . . . . . . . . . . . . Authority to record information in account . . . . . . . . . . . . . . . . . . Obligation of recognised school to give information Obligation to notify enrolment. . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligation to notify results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligation to notify other matters . . . . . . . . . . . . . . . . . . . . . . . . . Authority to record information in account . . . . . . . . . . . . . . . . . . Persons who may give information on behalf of providers VETE chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authorised agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information not given by a provider under subdivision 1 Circumstances in which information must be recorded in account ....................................... Use and disclosure of account information by authority Use by authority and disclosure to providers or recognised schools for verification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure to providers, their agents, or recognised schools, for other purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure to the chief executive . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure to person for whom account is kept and the person’s parents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure of aggregated information to relevant entities. . . . . . . Disclosure to VETE chief executive . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Student visa holder. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Closing student account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consultation about proposed regulations. . . . . . . . . . . . . . . . . . . Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minister’s powers in relation to authority Minister may refer matter to authority. . . . . . . . . . . . . . . . . . . . . . Minister’s power to give directions in the public interest . . . . . . . . Minister’s power to give directions about intellectual property . . . Power to require production of document. . . . . . . . . . . . . . . . . . . 29 30 32 32 33 33 34 35 35 36 36 38 40 41 42 42 43 44 44 44 45 46 46 47 48 Page 3

Education (Queensland Studies Authority) Act 2002 Contents Part 4 Division 1 25 26 27 28 29 30 31 32 33 34 Division 2 35 36 37 38 39 40 41 42 43 44 Division 3 45 46 47 48 Division 4 49 50 51 52 Matters concerning authority Membership Membership of authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nomination by entities for membership of authority . . . . . . . . . . . Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chairperson of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deputy chairperson of authority . . . . . . . . . . . . . . . . . . . . . . . . . . Disqualification from membership . . . . . . . . . . . . . . . . . . . . . . . . Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When notice of resignation takes effect . . . . . . . . . . . . . . . . . . . . Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Remuneration of an appointed member . . . . . . . . . . . . . . . . . . . . Authority business Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of authority meetings. . . . . . . . . . . . . . . . . . . . Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding at authority meetings . . . . . . . . . . . . . . . . . . . . . . . . . . Official member may appoint nominee . . . . . . . . . . . . . . . . . . . . . Attendance by proxy by member . . . . . . . . . . . . . . . . . . . . . . . . . Participation of director in authority meetings . . . . . . . . . . . . . . . Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authority committees Executive committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Participation of director in executive committee meetings . . . . . . Other committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Remuneration of authority committee members . . . . . . . . . . . . . Financial provisions Authority is statutory body under the Financial AccountabilityAct 2009 ..................................... Authority is statutory body under the Statutory Bodies FinancialArrangements Act 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compliance with approved budget . . . . . . . . . . . . . . . . . . . . . . . . 49 51 51 51 51 52 53 54 54 55 55 55 55 56 56 56 57 57 58 58 59 59 60 60 61 61 61 61 Page 4

Division 5 53 54 55 56 Part 5 Division 1 57 Division 2 58 Division 3 59 60 61 62 63 64 65 66 67 68 Division 4 69 69A Part 6 70 71 72 72A 73 74 75 76 77 Education (Queensland Studies Authority) Act 2002 Contents Other provisions about the authority Performance of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Change in requirements for certification. . . . . . . . . . . . . . . . . . . . Delegation by authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Time within which authority to do something under this Act. . . . . Office of the Queensland Studies Authority Establishment Establishment of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Office’s function and powers Function and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The director Appointment of director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Terms of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Function of director. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Director must act independently etc. . . . . . . . . . . . . . . . . . . . . . . Delegation by director. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ending of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Preservation of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Superannuation for director who was previously a public service officer ......................................... Acting director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Staff of the office Office staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Employment of casual staff to help authority to perform its functions under s 10, 11, 12 or 13 . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Protecting persons from liability . . . . . . . . . . . . . . . . . . . . . . . . . . Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chief executive may carry on education planning activities . . . . . Administrative support for authority . . . . . . . . . . . . . . . . . . . . . . . Authority’s annual report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of Minister administering vocational education and training department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 62 62 63 63 64 64 64 64 65 65 65 65 66 66 67 67 67 68 68 68 68 69 69 69 70 70 Page 5

Education (Queensland Studies Authority) Act 2002 Contents 78 79 Part 7 Division 1 80 Division 2 81 82 83 84 85 86 87 88 89 Division 3 90 Division 4 91 92 93 94 Schedule 2 Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repeal, transitional and validating provisions Repeal of Acts Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dissolution of former bodies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . References to repealed Act or former body . . . . . . . . . . . . . . . . . Authority is the legal successor . . . . . . . . . . . . . . . . . . . . . . . . . . Agreements and proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . Assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Syllabuses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Work program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Possible issue of certificate of achievement not to be jeopardised .................................. Validation provision for Education (Accreditation ofNon-State Schools) and Other Legislation Amendment Act2005 Validation of employment of certain casual staff . . . . . . . . . . . . . Transitional provisions for Education LegislationAmendment Act 2006 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approved and accredited syllabuses . . . . . . . . . . . . . . . . . . . . . . Work programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Student accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 71 73 73 74 74 74 74 74 75 75 76 76 77 77 77 78 80 Endnotes 1 2 3 4 5 6 7 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forms notified or published in the gazette . . . . . . . . . . . . . . . . . . . . . 88 88 89 89 90 92 99 Page 6

Education (Queensland Studies Authority) Act 2002 Part 1 Preliminary [s 1] Education (Queensland Studies Authority) Act 2002 [as amended by all amendments that commenced on or before 1 July 2013] An Act to establish the Queensland Studies Authority, to confer functions on the authority including functions about developing, purchasing and accrediting 1–12 syllabuses, preparatory guidelines and kindergarten guidelines, testing, assessment, moderation, certification, vocational education and training and tertiary entrance, to establish the Office of the Queensland Studies Authority, and for other purposes Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Education (Queensland Studies Authority) Act 2002 . 2 Commencement This Act commences on a day to be fixed by proclamation. Division 2 Objects 3 Objects of Act (1) The objects of this Act are— Current as at 1 July 2013 Page 7

Education (Queensland Studies Authority) Act 2002 Part 1 Preliminary [s 3] (a) to help schools to achieve quality learning outcomes for their students; and (b) to facilitate the transition of students through the sectors of education; and (c) to maintain public confidence in certificates of achievement and statements of results; and (d) to help achieve the objects of the Education(GeneralProvisions)Act2006 mentioned in section 5(1)(c) of that Act. (2) The objects are to be achieved mainly by— (a) establishing the Queensland Studies Authority; and (b) conferring on the authority functions about— (i) the development or purchase, and approval, of 1–12 syllabuses, preparatory guidelines and kindergarten guidelines; and (ii) the accreditation of 1–12 syllabuses, preparatory guidelines and kindergarten guidelines; and (iii) the testing and assessment of persons; and (iv) moderation; and (v) the issue of certificates of achievement and statements of results; and (vi) vocational education and training; and (vii) tertiary entrance; and (viii) the participation of young people in education and training; and (c) establishing the Office of the Queensland Studies Authority to help the authority in the performance of the authority’s functions. Page 8 Current as at 1 July 2013

Division 3 Education (Queensland Studies Authority) Act 2002 Part 1 Preliminary [s 4] Guiding principles for achieving Act’s objects 4 Guiding principles The principles intended to guide the achievement of this Act’s objects are the following— (a) collaboration and consultation should be promoted— (i) across the sectors of education; and (ii) across State schools and non-State schools; (b) students should be encouraged, through flexible learning pathways, to gain— (i) a certificate of achievement on completion of secondary education; or (ii) an equivalent qualification as provided for under the Australian Qualifications Framework; (c) the professional role of teachers in schools should be recognised; (d) the diverse educational needs of students should be catered for; (e) students should be helped to achieve their educational career goals. Division 4 Interpretation 5 Definitions The dictionary in schedule 2 defines particular words used in this Act. Current as at 1 July 2013 Page 9

Education (Queensland Studies Authority) Act 2002 Part 2 Establishment, functions and powers of Queensland Studies Authority [s 6] Part 2 Establishment, functions and powers of Queensland Studies Authority Division 1 Establishment 6 Establishment of authority (1) The Queensland Studies Authority is established. (2) The authority— (a) is a body corporate; and (b) has a common seal; and (c) may sue and be sued in its corporate name. Division 2 Functions 7 Authority’s functions This division states the authority’s functions. 7A Application of div 2 to recognised schools This division applies to recognised schools to the extent stated. 8 Development and purchase functions (1) The authority has the following functions— (a) to develop and revise 1–12 syllabuses, preparatory guidelines and kindergarten guidelines; (b) to purchase and revise 1–12 syllabuses, preparatory guidelines and kindergarten guidelines developed by entities other than the authority; Page 10 Current as at 1 July 2013

Education (Queensland Studies Authority) Act 2002 Part 2 Establishment, functions and powers of Queensland Studies Authority [s 9] (c) to approve 1–12 syllabuses and preparatory guidelines, developed, purchased or revised by the authority, for implementation at schools; (d) to approve kindergarten guidelines, developed, purchased or revised by the authority, for implementation in education and care services and child care services; (e) to develop and revise documents to support the implementation at schools of approved syllabuses or approved preparatory guidelines; (f) to develop and revise documents to support the implementation in education and care services and child care services of approved kindergarten guidelines; (g) to develop resources and services for the professional development of teachers, in support of the implementation at schools of approved syllabuses or approved preparatory guidelines; (h) to develop resources and services for the professional development of educators in education and care services and carers in child care services in support of the implementation in education and care services and child care services of approved kindergarten guidelines. (2) In performing its function to revise 1–12 syllabuses, preparatory guidelines or kindergarten guidelines under subsection (1)(b), the authority must exercise its powers subject to the terms on which the syllabuses or guidelines were purchased. (3) In this section— purchase , a syllabus or guideline, includes enter into an agreement allowing the authority to approve the syllabus or guideline for implementation at schools or in education and care services and child care services. 9 Accreditation function The authority has the function to— Current as at 1 July 2013 Page 11

Education (Queensland Studies Authority) Act 2002 Part 2 Establishment, functions and powers of Queensland Studies Authority [s 10] (a) accredit 1–12 syllabuses and preparatory guidelines, developed by entities other than the authority, for implementation at schools; and (b) accredit kindergarten guidelines, developed by entities other than the authority, for implementation in education and care services and child care services. 10 Testing functions The authority has, for a test required under a regulation, the following functions— (a) to develop, revise and mark the test; (b) to develop procedures for the administration of the test by schools or the authority; (c) to analyse systemic information about the performance of persons who undertook the test and to report the results of the analysis to the Minister, the chief executive, AISQ and QCEC; (d) to give the principal of a school individual results of the school’s students who undertook the test; (e) to give a person who undertook the test the person’s results in the test. 10A Testing functions for common national tests The authority has, for implementing common national tests, the following functions— (a) to participate in the development or revision of the tests; (b) to implement procedures for administering the tests by schools or the authority; (c) to mark the tests; (d) to analyse systemic information about the performance of persons who undertake the tests and report the results of the analysis to the Minister, the chief executive, AISQ and QCEC; Page 12 Current as at 1 July 2013

Education (Queensland Studies Authority) Act 2002 Part 2 Establishment, functions and powers of Queensland Studies Authority [s 11] (e) to give the principal of a school individual results of the school’s students who undertake the tests; (f) to give a person who undertakes the tests the person’s results in the tests. 11 Assessment functions (1) The authority has the function to decide on procedures, and to carry out arrangements, for the assessment of persons in school subjects that are certification studies. (2) Also, the authority has, for an assessment prescribed under a regulation, the following functions— (a) to develop and revise documents for the assessment; (b) to develop procedures for the administration of the assessment. (3) In addition, the authority has the following functions— (a) to collect, and analyse, assessment data; (b) to report the results of the analysis to the Minister, the chief executive, AISQ and QCEC. (4) The authority has the function mentioned in subsection (1) in relation to recognised schools. 12 Moderation function (1) The authority has the function to decide on procedures, and to make arrangements, for moderation. (2) The authority has the function mentioned in subsection (1) in relation to recognised schools. 13 Certification functions (1) The authority has the following functions— (a) to issue— Current as at 1 July 2013 Page 13

Education (Queensland Studies Authority) Act 2002 Part 2 Establishment, functions and powers of Queensland Studies Authority [s 14] (i) the QCE and other certificates of achievement of the types provided for under a regulation; and (ii) statements of results of the types provided for under a regulation; (b) to review, and make recommendations to the Minister about, the requirements for issuing the certificates and statements mentioned in paragraph (a); (c) to inform the public about— (i) the certificates and statements mentioned in paragraph (a); and (ii) the requirements for issuing the certificates and statements mentioned in paragraph (a). (2) Also, the authority has the function to approve work programs, for use by the schools that developed the work programs, for school subjects that are certification studies. (3) In addition, the authority has the function to recognise the results of a person in certification studies, other than school subjects for which— (a) there is an approved syllabus; or (b) a work program has been approved under subsection (2). (4) The authority has the functions mentioned in subsection (1)(a) in relation to recognised schools. 14 Vocational education and training functions The authority has the following functions— (a) to exercise powers delegated to the authority, by the National VET Regulator under the National Vocational Education and Training Regulator Act 2011 (Cwlth) , section 224; (b) to inform the public about training organisations registered under the delegation; (c) to advise the Minister administering the vocational education and training department about vocational Page 14 Current as at 1 July 2013

Education (Queensland Studies Authority) Act 2002 Part 2 Establishment, functions and powers of Queensland Studies Authority [s 14A] education and training matters relevant to the authority’s functions. 14A Student account functions (1) The authority has the following functions— (a) to keep student accounts under part 2A for— (i) young persons in the student account phase; and (ii) other persons for whom student accounts are opened under part 2A, division 2, subdivision 1A or 2; (b) to deal with information recorded in the accounts in the way permitted or required under that part. (2) The authority has the functions mentioned in subsection (1) in relation to recognised schools. 15 Tertiary entrance functions The authority has the following functions— (a) after consulting with the Minister, to decide the authority’s tertiary entrance procedures and requirements; (b) to rank persons as a basis for tertiary entrance as provided for under the authority’s tertiary entrance procedures and requirements; (c) to issue tertiary entrance statements; (d) to monitor, review, and recommend to the Minister changes to, the tertiary entrance requirements of tertiary institutions established in the State; (e) to inform the public about tertiary entrance procedures and requirements; (f) to confer and collaborate about tertiary entrance with the following, and other, entities having an interest in tertiary education— Current as at 1 July 2013 Page 15

Education (Queensland Studies Authority) Act 2002 Part 2 Establishment, functions and powers of Queensland Studies Authority [s 16] (i) universities; (ii) TAFE institute councils of TAFE institutes established under the VocationalEducation,Training and Employment Act 2000 ; (iii) TAFE Queensland; (iv) Queensland Tertiary Admissions Centre Ltd ACN 050 542 633; (v) the department in which the Education(GeneralProvisions) Act 2006 is administered; (vi) AISQ and QCEC; (vii) the principals of schools; (viii) the vocational education and training department; (ix) registered training organisations under the National Vocational Education and Training Regulator Act 2011 (Cwlth) ; (g) to review, and to make recommendations to the Minister about, tertiary entrance. 16 Research function The authority has the function to undertake research about matters relevant to its functions stated in sections 8 to 15 and 17. 17 Other functions The authority also has the following functions— (a) to decide the equivalent level of school education, or school qualification, in the State of a level of education reached, or qualification obtained, by a person at an educational institution established outside the State; (b) to give a person, on request, a copy of any of the following that was issued to the person— Page 16 Current as at 1 July 2013

Education (Queensland Studies Authority) Act 2002 Part 2 Establishment, functions and powers of Queensland Studies Authority [s 18] (i) a certificate, about the completion of the person’s studies, under the EducationAct1964 or the Education(SeniorSecondarySchoolStudies)Act1988 ; (ii) a certificate of achievement; (iii) a statement of results of a type prescribed under a regulation; (c) to advise the Minister, and inform the public, about matters relevant to the authority’s functions; (d) to give information, obtained by the authority in the performance of its functions, to the Commonwealth, a State or an entity of the Commonwealth or a State; (e) to perform other functions conferred on the authority under this, or another, Act. Division 3 Authority’s powers 18 Powers of authority (1) The authority has all the powers of an individual, and may, for example— (a) enter into contracts; and (b) acquire, hold, dispose of, and deal with, property; and (c) appoint agents and attorneys; and (d) engage consultants; and (e) produce documents in performing its functions; and (f) charge for advertising in the documents; and (g) fix charges, and other terms, for services and other facilities it supplies; and (h) do anything else necessary or convenient to be done in performing its functions. Current as at 1 July 2013 Page 17

Education (Queensland Studies Authority) Act 2002 Part 2 Establishment, functions and powers of Queensland Studies Authority [s 19] (2) However, the authority must not enter into an agreement about real property, including, for example, leasing premises for its accommodation, unless the Minister has approved its entering into the agreement. (3) Without limiting subsection (1), the authority has the powers given to it under this, or another, Act. (4) The authority may exercise its powers inside or outside Queensland. (5) Without limiting subsection (4), the authority may exercise its powers outside Australia. Division 4 Tests and notifications of syllabuses and guidelines 19 Tests (1) A regulation may require the authority to develop tests for the assessment of particular skills or knowledge of persons. Examples of a test — 1 a test to assess the literacy skills of students in the year 5 year of schooling 2 a core skills test (2) After the authority develops or revises a test required under the regulation (an approved test ), it must give notice about the approved test to— (a) the Minister; and (b) the governing body of each non-State school. (3) If a school administers an approved test, the school’s principal must give the authority the test script of each of the school’s students who undertook the test. (4) This section is subject to section 21. Page 18 Current as at 1 July 2013

Education (Queensland Studies Authority) Act 2002 Part 2 Establishment, functions and powers of Queensland Studies Authority [s 19A] 19A Common national tests (1) If the authority participates in the development or revision of a common national test, the authority must, as soon as practicable after the development or revision, give a notice stating the type of test developed, or the test that has been revised, to— (a) the Minister; and (b) the governing body of each non-State school. (2) If a school administers a common national test, the school’s principal must give the authority the test script of each of the school’s students who undertakes the test. (3) This section is subject to section 21. 20 Notification of approved or accredited syllabus or guideline (1) This section applies if the authority— (a) approves a 1–12 syllabus, preparatory guideline or kindergarten guideline developed, purchased or revised by it under this Act; or (b) accredits a 1–12 syllabus, preparatory guideline or kindergarten guideline under this Act. (2) The authority must give notice about the approved or accredited syllabus or guideline to— (a) the Minister; and (b) for a 1–12 syllabus or preparatory guideline—the governing body of each non-State school; and (c) for a kindergarten guideline— (i) each approved provider of an education and care service other than a service that provides education and care only to children over preschool age; and (ii) each licensee of a child care service other than a school age care service. Current as at 1 July 2013 Page 19

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21] (3) This section is subject to section 21. 21 Notice to be given to nominated body (1) If a non-State school’s governing body gives the authority a notice asking that notices mentioned in this division be given to a nominated body instead of the governing body, the authority must comply with the request. (2) If the authority complies with the request, it is taken to have complied with the requirement that a notice mentioned in this division be given by it to the governing body. Part 2A Student accounts Division 1 Preliminary 21A Explanation and purposes (1) This part provides for the keeping of a record (a student account ) for a person— (a) about the person’s participation in eligible options during the compulsory participation phase, if the person is in the compulsory participation phase; and (b) of the person’s results in certification studies. (2) The purposes for which student accounts are kept are— (a) supporting the authority in performing its certification functions under section 13; and (b) making information available to the chief executive to enable the chief executive to carry on planning activities; and (c) for student accounts kept for young persons in the compulsory participation phase—making information Page 20 Current as at 1 July 2013

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21B] available to the chief executive to enable the chief executive to carry on re-engagement activities. 21B Definitions for pt 2A In this part— aggregated information means information, about persons for whom student accounts are kept, that— (a) comprises or includes, or is derived from, information given to the authority under this part; and (b) could not reasonably be expected to result in the identification of any of the persons to whom it relates. eligible option see the E(GP) Act, section 232. exempt provider means a provider for certification studies that are not a component of an eligible option, if the provider does not provide educational instruction in the studies in Queensland. planning activities means— (a) planning activities under the E(GP) Act, section 6; and (b) education planning activities. provider — (a) generally, means a provider for— (i) an eligible option; or (ii) certification studies that are not a component of an eligible option; or (b) for an eligible option, see the E(GP) Act, section 232; or (c) for certification studies that are not a component of an eligible option, means an entity that— (i) provides educational instruction in the studies, or carries out the assessment of persons for the studies, in Queensland; and (ii) issues persons’ results in the studies. Current as at 1 July 2013 Page 21

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21C] re-engagement activities see the E(GP) Act, section 6. student visa holder means a person who holds a student visa issued under the Migration Act 1958 (Cwlth). 21C Meaning of student account phase A young person is in the student account phase if— (a) the person is in the compulsory participation phase; or (b) the person is not yet in the compulsory participation phase but a student account has been opened for the person. Division 2 Opening student accounts Subdivision 1 Accounts for young persons about to enter, or in, the compulsory participation phase 21D When an account must be opened A student account must be opened for a young person within 1 year before the start of the person’s compulsory participation phase. 21E Who must open an account The following person is responsible for opening a student account for a young person— (a) if the young person is enrolled with a school—the principal of the school; (b) otherwise—the chief executive. Page 22 Current as at 1 July 2013

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21F] 21F How an account is opened (1) A student account is opened for a young person by giving notice to the authority of each of the following— (a) the person’s name and any previous names of the person; (b) the person’s sex; (c) the person’s date of birth; (d) the person’s address; (e) the person’s phone number, if the person consents to it being given to the authority; (f) if the person has a parent—the parent’s name and address; (g) whether the person is an Aboriginal person or Torres Strait Islander; (h) whether the person is a person from a non-English speaking background; (i) each eligible option in which the person proposes to participate when the person starts the compulsory participation phase; (j) whether the person’s participation in each eligible option will be full-time; (k) whether the person is a student visa holder; (l) if the person is enrolled with a school—which year of schooling the person is in; (m) other information prescribed under a regulation. (2) However, subsection (1)(f) does not apply if the person opening the student account is satisfied it would be inappropriate in the circumstances to give notice of the name and address of a parent of the young person. Example — It may be inappropriate to give notice of the name and address of a parent of the young person if the young person is living independently of his or her parents. Current as at 1 July 2013 Page 23

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21G] 21G Obligation to open an account for young persons in other circumstances (1) This section applies if— (a) the authority receives a notice under section 21K about a young person who is in the compulsory participation phase; and (b) there is no student account open for the person. (2) The authority must give the provider a notice asking it to open a student account for the young person. (3) On receiving the request, the provider must open a student account for the young person by giving notice to the authority of the following information relating to the person— (a) the information mentioned in section 21F(1)(a) to (h), (k) and (m); (b) the eligible option of the provider in which the person is participating or proposes to participate; (c) whether the person’s participation in the eligible option is, or will be, full-time; (d) any other eligible options in which the person is participating, or has participated, since starting the compulsory participation phase of which the provider is aware. (4) However, the provider is not required to give notice of the information mentioned in section 21F(1)(f) if the provider is satisfied it would be inappropriate in the circumstances to give notice of the name and address of a parent of the young person. Example — It may be inappropriate to give notice of the name and address of a parent of the young person if the young person is living independently of his or her parents. Page 24 Current as at 1 July 2013

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21GA] Subdivision 1A Accounts for students of recognised schools 21GA Who may have an account opened under sdiv 1A A student account may be opened for a person who is enrolled to undertake certification studies at a recognised school. 21GB Who may open an account A student account, for a person enrolled to undertake certification studies at a recognised school, may be opened by the school or by the chief executive. 21GC How an account is opened A student account is opened for a person by giving notice to the authority of the following— (a) the person’s name and any previous names of the person; (b) the person’s sex; (c) the person’s date of birth; (d) the person’s address; (e) the person’s phone number if the person consents to the phone number being given to the authority; (f) details of the certification studies in which the person is enrolled when the notice is given to the authority; (g) other information prescribed under a regulation. Current as at 1 July 2013 Page 25

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21H] Subdivision 2 Accounts for other persons 21H Who may have an account opened under sdiv 2 Any person may have a student account opened under this subdivision, other than a person who— (a) is in the student account phase; or (b) is of compulsory school age or younger. 21I How an account is opened (1) A person who wishes to have a student account opened under this subdivision may either— (a) if the person is enrolled with a provider, other than an exempt provider, in certification studies—give the provider the required information and ask the provider to open the account for the person; or (b) give the chief executive the required information and ask the chief executive to open the account for the person. (2) The provider or chief executive must open the account by giving notice to the authority of the required information. (3) The required information is each of the following— (a) the information mentioned in section 21F(1)(a) to (e), (g), (h) and (k); (b) if the person is under 18 years and has a parent—the parent’s name and address; (c) details of each of the certification studies in which the person is enrolled when the required information is given to the provider or chief executive, including the name and type of the provider for the studies, of which the provider or chief executive is aware; (d) other information prescribed under a regulation. Page 26 Current as at 1 July 2013

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21J] (4) However, the information mentioned in subsection (3)(b) is not required information if the provider or chief executive is satisfied it would be inappropriate in the circumstances to give notice of the name and address of a parent of the person. Example — It may be inappropriate to give notice of the name and address of a parent of the person if the person is living independently of his or her parents. Subdivision 3 Account numbers for student accounts 21J Authority to assign account number etc. (1) After a student account is opened for a person, the authority must— (a) assign a number to the account (the account number ); and (b) give notice to the person stating— (i) that the account has been opened; and (ii) the account number; and (iii) other information prescribed under a regulation; and (c) if the name and address of a parent of the person are recorded in the account—give notice to the parent stating— (i) that a student account has been opened for the person; and (ii) the account number; and (d) give notice to the person who opened the account stating— (i) that a student account has been opened for the person; and Current as at 1 July 2013 Page 27

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21K] (ii) the account number. (2) The authority complies with a requirement under subsection (1) to give a notice if an agent of the authority gives the notice on the authority’s behalf. Division 3 Provision of account information to the authority Subdivision 1 Providers’ obligations to give information 21K Obligation to notify enrolment—eligible option If a young person in the student account phase enrols with a provider in a program or course that is a component of an eligible option, the provider must give notice to the authority of the following information— (a) the person’s name and any previous names of the person; (b) the person’s address; (c) the person’s date of birth; (d) if a student account is open for the person and the provider has the account number for the account—the account number; (e) the eligible option in which the person is participating, or proposes to participate, by enrolling in the program or course; (f) the components of the eligible option being undertaken, or proposed to be undertaken, by the person; (g) the date of enrolment in the program or course; (h) the date the person started, or proposes to start, to comply with the provider’s attendance requirements for the program or course; Page 28 Current as at 1 July 2013

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21L] (i) whether the person’s participation in the eligible option is, or will be, full-time; (j) the name and type of the provider. 21L Obligation to notify enrolment—certification studies (1) This section applies if— (a) a person enrols with a provider, other than an exempt provider, in certification studies; and (b) a student account is open for the person; and (c) the provider has the account number for the person’s student account; and (d) the provider is not required to notify the authority about the enrolment under section 21K. (2) The provider must give notice to the authority of the following information— (a) the person’s name; (b) the account number for the person’s student account; (c) the person’s address; (d) the person’s date of birth; (e) the certification studies in which the person is enrolled; (f) the date of the person’s enrolment in the studies; (g) the name and type of the provider. 21M Obligation to notify results—certification studies (1) A provider must give the authority result information about a person who is or was enrolled with the provider in certification studies if— (a) the person is in the student account phase; or (b) the person is not in the student account phase but— (i) a student account is open for the person; and Current as at 1 July 2013 Page 29

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21N] (ii) the provider has the account number for the person’s student account. (2) The information must be given at the times, and in the ways, prescribed under a regulation. (3) In this section— result information , about a person, means each of the following— (a) the results of the assessment, carried out by the provider, of the person for certification studies; (b) when the results were achieved; (c) qualifications conferred on the person by the provider; (d) when the qualifications were conferred. 21N Obligation to notify other matters (1) This section applies to a provider with which a person is or was enrolled if— (a) the person is in the student account phase; or (b) the person is not in the student account phase but— (i) the person is or was enrolled in certification studies; and (ii) a student account is kept for the person; and (iii) the provider has the account number for the person’s student account. (2) The provider must give notice to the authority of the following matters— (a) if the provider becomes satisfied it is inappropriate in the circumstances for the name and address of a parent of the person to be recorded in the account—that the name and address of the parent must be removed from the account; Page 30 Current as at 1 July 2013

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21N] Example — It may be inappropriate for the name and address of a parent of the person to be recorded in the person’s student account if the person is living independently of his or her parents. (b) if the provider becomes satisfied it is appropriate in the circumstances for the name and address of a parent of the person to be recorded in the account—the name and address of the parent; (c) if the provider is aware that prescribed information has changed or is incorrect—the new or correct information; (d) if the provider is aware that information about the person’s enrolment or results in certification studies, previously notified by the provider to the authority under this part, has changed, is incorrect or is incorrectly recorded in the person’s student account—the new or correct information; (e) if the person stops being enrolled with the provider—the date the person stopped being enrolled with the provider. (3) Subsection (2)(a) and (b) do not apply if the person is 18 years or more. (4) If the person is in the student account phase and the person dies, the provider must, if the provider is aware of the death, give notice of the death to the authority. (5) Notices required to be given under this section must be given at the times prescribed under a regulation. (6) In this section— prescribed information means any of the following recorded in the person’s student account— (a) the person’s name; (b) the person’s sex; (c) the person’s date of birth; (d) the person’s address; Current as at 1 July 2013 Page 31

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21O] (e) the person’s phone number; (f) whether the person is an Aboriginal person or Torres Strait Islander; (g) whether the person is from a non-English speaking background; (h) whether the person is a student visa holder. 21O Authority to record information in account (1) This section applies if the authority receives information— (a) under division 2 about a person for whom a student account is opened; or (b) under this subdivision about a person for whom a student account is open. (2) The authority must ensure information is recorded in the student account in accordance with the information received. Subdivision 1A Obligation of recognised school to give information 21OA Obligation to notify enrolment (1) This section applies if— (a) a person enrols in certification studies at a recognised school; and (b) a student account is open for the person; and (c) the recognised school has the account number for the person’s student account. (2) The recognised school must give notice to the authority of the following information— (a) the person’s name; (b) the account number for the person’s student account; Page 32 Current as at 1 July 2013

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21OB] (c) the person’s address; (d) the person’s date of birth; (e) the certification studies in which the person is enrolled; (f) the date of the person’s enrolment in the studies. 21OB Obligation to notify results (1) A recognised school must give the authority result information about a person who is or was enrolled in certification studies at the school if— (a) a student account is open for the person; and (b) the recognised school has the account number for the person’s student account. (2) The information must be given at the times, and in the way, prescribed under a regulation. (3) In this section— qualifications , for certification studies, includes qualifications conferred by an entity other than the recognised school. result information , about a person, means each of the following— (a) the results of the assessment of the person, for certification studies, carried out by the recognised school; (b) when the results were achieved; (c) any qualifications, for certification studies, that have been conferred on the person; (d) when the qualifications were conferred. 21OC Obligation to notify other matters (1) This section applies to a recognised school at which a person is or was enrolled in certification studies if— (a) a student account is open for the person; and Current as at 1 July 2013 Page 33

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21OD] (b) the recognised school has the account number for the person’s student account. (2) The recognised school must give notice to the authority of the following matters— (a) if the recognised school is aware that prescribed information has changed or is incorrect—the new or correct information; (b) if the recognised school is aware that information about the person’s enrolment or results in certification studies, previously notified by the recognised school to the authority has changed, is incorrect or is incorrectly recorded in the person’s student account—the new or correct information; (c) if the person stops being enrolled with the recognised school—the date the person stopped being enrolled with the school. (3) If the person dies and the recognised school is aware of the death, the recognised school must give notice of the death to the authority. (4) Notices required to be given under this section must be given at the times prescribed under a regulation. (5) In this section— prescribed information means any of the following recorded in the person’s student account— (a) the person’s name; (b) the person’s sex; (c) the person’s date of birth; (d) the person’s address; (e) the person’s phone number. 21OD Authority to record information in account (1) This section applies if the authority receives information— Page 34 Current as at 1 July 2013

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21P] (a) under division 2 about a person for whom a student account is opened; or (b) under this subdivision about a person for whom a student account is open. (2) The authority must ensure information is recorded in the student account in accordance with the information received. Subdivision 2 Persons who may give information on behalf of providers 21P VETE chief executive (1) This section applies to a provider that is a TAFE institute, TAFE Queensland or a registered training organisation. (2) The provider complies with a requirement under this part to give notice to the authority if, with the written agreement of the VETE chief executive, it gives the relevant information to the VETE chief executive and asks the VETE chief executive to give the notice on its behalf. (3) Notice given by the VETE chief executive on behalf of the provider is taken to have been given by the provider. (4) In this section— registered training organisation see the VETE Act, section 14. TAFE institute see the VETE Act, section 191. 21Q Authorised agent (1) This section applies to a provider to which section 21P does not apply. (2) The provider may enter into a written agreement with an entity (an authorised agent ) authorising the entity to act as the provider’s agent for complying with the provider’s obligations to give notices under this part. Current as at 1 July 2013 Page 35

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21R] (3) A provider complies with a requirement under this part to give notice to the authority if an authorised agent for the provider gives the notice to the authority on the provider’s behalf. (4) Notice given by an authorised agent on behalf of a provider is taken to have been given by the provider. Subdivision 3 Information not given by a provider under subdivision 1 21R Circumstances in which information must be recorded in account (1) This section applies to information, about a person for whom a student account is open, held or obtained by the authority, other than information obtained from a provider under subdivision 1. (2) The authority must record the information in the person’s student account in the circumstances prescribed under a regulation. Division 4 Use and disclosure of account information by authority 21S Use by authority and disclosure to providers or recognised schools for verification (1) The authority may use information recorded in a student account to perform its certification functions under section 13. (2) The authority may disclose prescribed information for a student account, to the extent necessary for the authority to ensure the accuracy of the information, to— (a) a relevant provider; or (b) for a student account for a person enrolled in certification studies at a recognised school—the recognised school. Page 36 Current as at 1 July 2013

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21S] (3) However, the authority may disclose information about the enrolment or results, in certification studies, of the person for whom the student account is kept, only to the provider or recognised school for the studies. (4) If the authority discloses information under subsection (2), the provider or recognised school must, as soon as practicable, give notice to the authority stating— (a) whether the disclosed information is correct; and (b) if the disclosed information is incorrect—the correct information. (5) If the authority is notified under subsection (4) that the disclosed information is incorrect, the authority must— (a) ensure the incorrect information is corrected or removed from the account; and (b) give the person for whom the student account is kept notice of the changes made to information recorded in the account. (6) In this section— prescribed information , for a student account, means— (a) if the student account is kept for a young person in the student account phase—the account number for the account and any of the information recorded in the account; or (b) otherwise—the account number for the student account and any of the following information recorded in the account— (i) the person’s name; (ii) the person’s address; (iii) information about the person’s enrolment or results in certification studies. relevant provider means a provider the authority reasonably believes will be able to confirm the accuracy of the prescribed information. Current as at 1 July 2013 Page 37

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21T] 21T Disclosure to providers, their agents, or recognised schools, for other purposes (1) This section prescribes, for a provider, a prescribed agent for a provider, or a recognised school— (a) the information recorded in the student account kept for a person to which the authority must give the provider, agent or recognised school access (the accessible information ); and (b) the purpose of the access. (2) For a relevant provider for the person, if the provider is a school— (a) the accessible information is all of the information; and (b) the purpose of the access is to help the provider— (i) comply with section 21N; and (ii) manage the educational program provided to the person. (3) For a relevant provider for the person, other than a school— (a) the accessible information is— (i) identifying information about the person; and (ii) information about certification studies in which the person is or was enrolled with the provider; and (b) the purpose of the access is to— (i) enable the provider to verify identifying information about the person held by the provider for ensuring information notified by the provider to the authority under division 3 relates to the correct person for whom a student account is kept; and (ii) help the provider comply with section 21N. (4) For a prescribed agent for a relevant provider for the person— (a) the accessible information is identifying information about the person; and Page 38 Current as at 1 July 2013

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21T] (b) the purpose of the access is to enable the agent to verify identifying information about the person given to the agent by the provider for ensuring information notified for the provider to the authority under division 3 relates to the correct person for whom a student account is kept. (5) For a recognised school for the person— (a) the accessible information is all of the information; and (b) the purpose of the access is to help the recognised school— (i) comply with section 21OC; and (ii) manage the educational program provided to the person. (6) In this section— identifying information , about a person, means the following information— (a) the person’s name; (b) the person’s sex; (c) the account number for the person’s student account; (d) the person’s date of birth. prescribed agent , for a provider, means— (a) for a TAFE institute, TAFE Queensland or a registered training organisation under section 21P that has entered into an agreement mentioned in section 21P(2)—the VETE chief executive, to the extent the accessible information is covered by the agreement; or (b) for a provider other than a TAFE institute, TAFE Queensland or a registered training organisation under section 21P—an authorised agent for the provider. recognised school , for a person, means the recognised school at which the person is enrolled in certification studies. relevant provider , for a person, means a provider with whom the person is enrolled in certification studies. Current as at 1 July 2013 Page 39

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21U] 21U Disclosure to the chief executive (1) To enable the chief executive to carry on planning activities, the authority must give the chief executive the aggregated information the chief executive asks for. (2) The authority must include, in its annual report for a financial year under the Financial Accountability Act 2009 , the details of each request under subsection (1) received during the financial year. (3) To enable the chief executive to carry on re-engagement activities, the authority must give the chief executive any of the prescribed information the chief executive asks for about a stated young person or all young persons who, according to the person’s student account or the persons’ student accounts— (a) is or are in the compulsory participation phase; and (b) has or have stopped being enrolled with a provider in a course or program that is a component of an eligible option; and (c) after a period of at least 3 months, has or have not re-enrolled with a provider in a course or program that is a component of an eligible option. (4) In this section— prescribed information , about a young person mentioned in subsection (3), means the account number for the person’s student account and the following information recorded in the person’s student account— (a) name and any previous names; (b) address and telephone number; (c) date of birth; (d) the date the person stopped being enrolled with the provider in the course or program; (e) any eligible option in which the person was participating immediately before the person stopped being enrolled with the provider in the course or program and the Page 40 Current as at 1 July 2013

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21V] components of the eligible option that were being undertaken by the person; (f) the name and type of the provider for an eligible option mentioned in paragraph (e); (g) any eligible option in which the person is participating and the components of the eligible option being undertaken by the person; (h) the name and type of the provider for an eligible option mentioned in paragraph (g). 21V Disclosure to person for whom account is kept and the person’s parents (1) If a student account is kept for a person, the authority must give the person access to information recorded in the account. (2) Also, subsection (3) applies if— (a) a student account is kept for— (i) a young person in the compulsory participation phase; or (ii) a person who is under 18 years and is not in the compulsory participation phase; or (iii) a person who is enrolled in certification studies at a recognised school; and (b) the name and address of a parent of the person are recorded in the account. (3) To help the parent— (a) support the person’s progress towards obtaining a certificate of achievement or statement of results; and (b) if the person is in the compulsory participation phase— comply with the E(GP) Act, section 239(1); the authority must give the parent access to information recorded in the account. Current as at 1 July 2013 Page 41

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21W] (4) Section 75 does not apply to the authority giving access to information under this section. 21W Disclosure of aggregated information to relevant entities The authority must give each of the relevant entities, at the times prescribed under a regulation, the aggregated information prescribed under a regulation relating to the entity. 21X Disclosure to VETE chief executive (1) To enable the VETE department to comply with its reporting obligations under the Commonwealth agreements, the authority must give the VETE chief executive, at the time and in the way prescribed under a regulation, the relevant information for a year. (2) In this section— Commonwealth agreements means— (a) the Commonwealth–State Agreement for Skilling Australia’s Workforce, within the meaning of the Skilling Australia’s Workforce Act 2005 (Cwlth), section 7(1), in force between the Commonwealth and Queensland; and (b) any agreement made between the Commonwealth and Queensland for the Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004 (Cwlth), section 14(1)(b). relevant information means the following information recorded in the student account kept for a relevant student— (a) the student’s name; (b) the account number for the student account; (c) the student’s sex; (d) the student’s date of birth; (e) the student’s address; Page 42 Current as at 1 July 2013

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21Y] (f) whether the student is an Aboriginal person or Torres Strait Islander; (g) whether the student is from a non-English speaking background; (h) each VET course, and, if recorded in the account, each unit of competency that is a component of the course, in which the student was enrolled during the year to which the relevant information relates; (i) the date of the student’s enrolment in the VET course; (j) the name and type of the provider for the VET course; (k) if the student stopped being enrolled in the VET course during the year and the date the student stopped being enrolled is recorded in the account—the date the student stopped being enrolled in the course; (l) any results of the student for the VET course or a unit of competency that is a component of the course. relevant student means a person for whom a student account is kept who was, at any time during the year to which the relevant information relates— (a) enrolled with a school; and (b) undertaking the year 11 or 12 year of schooling; and (c) enrolled in a VET course. unit of competency has the meaning given under the VETE Act, section 19. VET course means a course of vocational education and training provided under the VETE Act that is certification studies. Division 5 Miscellaneous 21Y Student visa holder (1) This section applies despite divisions 2 and 3. Current as at 1 July 2013 Page 43

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21Z] (2) An entity must not open a student account for a student visa holder, or give notice to the authority of the enrolment of a student visa holder, without the holder’s written agreement. 21Z Closing student account (1) This section applies if— (a) a student account is opened for a person; and (b) the authority is notified of the person’s death by— (i) a provider, under section 21N(4); or (ii) a recognised school, under section 21OC(3). (2) The authority must close the account. 21ZA Consultation about proposed regulations Before recommending to the Governor in Council the making of a regulation under section 21F(1)(m), 21N(5), or 21W, the Minister must consult the relevant entities. 21ZB Confidentiality (1) This section applies to a person— (a) who is or has been— (i) the chief executive or a public service employee in the department; or (ii) a provider or an employee of a provider; or (iii) an authorised agent of a provider or an employee of an authorised agent; or (iv) an employee of the authority; or (v) a member of the governing body of a recognised school or an employee of a recognised school; and (b) who, in the course of the administration of this part, or because of opportunity provided by the administration, Page 44 Current as at 1 July 2013

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21ZC] has gained or has access to information recorded in a student account. (2) The person must not make a record of the information or disclose the information to anyone else, other than— (a) for a purpose of this Act; or (b) with the consent of the person to whom the information relates; or (c) in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or (d) as permitted or required by another Act. Maximum penalty—50 penalty units. (3) In this section— disclose information includes give access to the information. employee , of a provider, the authority, recognised school or another entity, includes— (a) a person appointed to a position with the entity; and (b) a person engaged by the entity under a contract for services; and (c) an unpaid employee of the entity. 21ZC Delegation by chief executive (1) The chief executive may delegate the chief executive’s functions under this part to an appropriately qualified officer or employee of the department or the VETE department. (2) A delegation of a function may permit the subdelegation of the function to an appropriately qualified officer or employee of the department or the VETE department. (3) In this section— appropriately qualified includes having qualifications, experience or standing appropriate for the function. Current as at 1 July 2013 Page 45

Education (Queensland Studies Authority) Act 2002 Part 3 Minister’s powers in relation to authority [s 22] Example of standing — a person’s classification level in the public service functions includes powers. Part 3 Minister’s powers in relation to authority 22 Minister may refer matter to authority (1) If the Minister considers there is a matter relevant to the authority’s functions that the authority should investigate, the Minister may, by notice given to the authority, refer the matter to the authority for its investigation. (2) The authority must, after completing the investigation, give the Minister a written report about the matter. 23 Minister’s power to give directions in the public interest (1) The Minister may give the authority a written direction about a matter relevant to its functions if the Minister is satisfied it is necessary to give the direction in the public interest. (2) Without limiting subsection (1), the direction may be that the authority develop or purchase a 1–12 syllabus for stated school studies, or a preparatory guideline or kindergarten guideline of a stated type, for its approval under this Act. (3) Also, without limiting subsection (1), the direction may be that the authority must comply with— (a) a policy, standard or other instrument applying to a public sector unit; or (b) another document, including, for example, another policy, standard or instrument. (4) The authority must comply with the direction. Page 46 Current as at 1 July 2013

Education (Queensland Studies Authority) Act 2002 Part 3 Minister’s powers in relation to authority [s 23A] (5) The direction can not be about— (a) the content of a 1–12 syllabus, preparatory guideline or kindergarten guideline; or (b) the approval of a 1–12 syllabus, preparatory guideline or kindergarten guideline developed, purchased or revised by the authority; or (c) the accreditation, under this Act, of a 1–12 syllabus, preparatory guideline or kindergarten guideline; or (d) the approval, under this Act, of a work program for a school subject; or (e) the recording of a particular person’s results in certification studies on a certificate of achievement or statement of results; or (f) the issue to a particular person of a QCE, another certificate of achievement or a statement of results. (6) In the authority’s annual report for a financial year, the authority must include copies of all directions given to it under this section in the financial year. (7) This section is subject to section 76(3). 23A Minister’s power to give directions about intellectual property (1) The Minister may give the authority a written direction about material containing intellectual property held by the authority. (2) Without limiting subsection (1), the direction may be about any of the following— (a) the granting of a licence to the State; (b) the conditions on which a licence is to be granted to the State including a condition that no fee is payable by the State for the licence; (c) that a licence not be granted to an entity other than the State; (d) the receipt or payment of monies. Current as at 1 July 2013 Page 47

Education (Queensland Studies Authority) Act 2002 Part 3 Minister’s powers in relation to authority [s 24] (3) A direction under subsection (1) may also— (a) require the authority to give the Minister notice if the authority intends entering into an agreement with another entity in relation to the material; and (b) state the type of agreement about which the Minister is to be given notice; and (c) require the notice to be given to the Minister a stated period of time before the authority intends entering the agreement. (4) The authority must comply with the direction. (5) In the authority’s annual report for a financial year, the authority must include copies of all directions given to it under this section in the financial year. (6) In this section— licence means a licence to deal with material containing intellectual property held by the authority. material containing intellectual property includes material in existence before the commencement of this section. 24 Power to require production of document (1) The Minister may, by notice given to the authority, require it to make available for inspection by the Minister, or produce to the Minister for inspection, a stated Act document in the possession or control of the authority. (2) The Act document must be made available for inspection, or produced, at a reasonable time and place stated in the notice. (3) The Minister may copy the Act document and must return it to the authority after copying it. (4) In the authority’s annual report for a financial year, the authority must include copies of all notices given to it under this section in the financial year. (5) In this section— Page 48 Current as at 1 July 2013

Education (Queensland Studies Authority) Act 2002 Part 4 Matters concerning authority [s 25] Act document means a document relevant to the authority’s functions. Part 4 Matters concerning authority Division 1 Membership 25 Membership of authority (1) The authority consists of the following— (a) the chief executive; (b) the chief executive of the vocational education and training department; (c) the persons appointed under subsection (2). (2) The Governor in Council is to appoint the following persons as members of the authority— (a) 1 nominee of the Minister; (b) 1 nominee of AISQ; (c) 1 nominee of QCEC; (d) 2 nominees of the Higher Education Forum, at least 1 of whom must have expertise relating to tertiary entrance; (e) 2 persons who, at the time of appointment, are parents of students enrolled at a school, of whom— (i) one is to be nominated by the Queensland Council of Parents’ and Citizens’ Associations Incorporated; and (ii) one is to be nominated jointly by the Federation of Parents and Friends Associations of Catholic Schools, Queensland and the Independent Parents and Friends Council of Queensland; Current as at 1 July 2013 Page 49

Education (Queensland Studies Authority) Act 2002 Part 4 Matters concerning authority [s 25] (f) 1 primary school principal and 1 secondary school principal, of whom— (i) one is to be nominated by the chief executive; and (ii) one is to be nominated jointly by AISQ and QCEC; (g) 1 teacher of primary education and 1 teacher of secondary education, neither of whom is a school principal, of whom— (i) one is to be nominated by the chief executive; and (ii) one is to be nominated jointly by AISQ and QCEC; (h) 1 nominee of the Queensland Teachers’ Union; (i) 1 nominee of the Queensland Independent Education Union of Employees; (j) 1 nominee of the Minister administering the vocational education and training department; (k) 3 nominees of the Minister, of whom— (i) one is to have expertise in the provision of special education; and (ii) one is to have expertise in the education of Aborigines or Torres Strait Islanders; and (iii) one is to be representative of industry; (l) one other person who may be nominated by the Minister. (3) The Minister’s nominees must have the qualifications, experience or standing the Minister considers appropriate for membership of the authority. (4) The person appointed to be the director may not be an appointed member. Page 50 Current as at 1 July 2013

Education (Queensland Studies Authority) Act 2002 Part 4 Matters concerning authority [s 26] 26 Nomination by entities for membership of authority (1) This section applies to the nomination of a person for membership of the authority by an entity or entities mentioned in section 25(2)(b) to (j). (2) The Minister must give the entity or entities a notice stating a reasonable time within which it or they may nominate a person for the membership. (3) If the entity does not nominate, or the entities do not nominate jointly, a person within the time stated in the notice, the Minister may nominate a person for the membership and the nomination is taken to have been made by the entity or entities. (4) A person nominated under subsection (3) must be a person whom the entity or entities may nominate for membership of the authority as stated in section 25(2). 27 Term of appointment An appointed member must be appointed for a term of not more than 4 years. 28 Chairperson of authority (1) The Governor in Council is to appoint the member mentioned in section 25(2)(a) to be the chairperson of the authority. (2) A person may be appointed as the chairperson at the same time the person is appointed as a member. (3) The chairperson holds office while a member under section 25(2)(a). 29 Deputy chairperson of authority (1) The authority must appoint a member as the deputy chairperson of the authority. (2) The deputy chairperson holds office for the term decided by the authority. Current as at 1 July 2013 Page 51

Education (Queensland Studies Authority) Act 2002 Part 4 Matters concerning authority [s 30] (3) A vacancy occurs in the office of deputy chairperson if the person holding the office resigns the office by signed notice of resignation given to the Minister or ceases to be a member. (4) However, a person resigning the office of deputy chairperson may continue to be a member. (5) The deputy chairperson is to act as chairperson— (a) during a vacancy in the office of chairperson; and (b) during all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office. (6) For subsection (5), deputy chairperson includes a member appointed, under section 33(7), to act in the deputy chairperson’s office. 30 Disqualification from membership (1) A person can not become, or continue as, an appointed member if the person— (a) is, or has been, convicted of an indictable offence; or (b) is affected by bankruptcy action. (2) However, if the Minister considers it would be reasonable, having regard to the circumstances of the indictable offence of which a person has been convicted or the circumstances in which a person has been affected by bankruptcy action, the Minister may— (a) if the person was an appointed member when convicted or affected by bankruptcy action—give notice to the chairperson and the person that the person is restored as an appointed member, and may be later reappointed, despite the conviction or being affected by bankruptcy action; or (b) otherwise—give written approval for the person to become an appointed member despite the conviction or being affected by bankruptcy action. Page 52 Current as at 1 July 2013

Education (Queensland Studies Authority) Act 2002 Schedule 2 carer , in a child care service, see the ChildCareAct2002 , section 56. certificate of achievement means— (a) a QCE; or (b) another certificate issuable under this Act to a person who meets the eligibility requirements provided for under this Act for the issue of the certificate. certification studies means studies prescribed under a regulation to be contributing studies for a certificate of achievement. chairperson means the chairperson of the authority appointed under section 28(1). child care service see the Child Care Act 2002 , section 5. children over preschool age means children who attend school in the preparatory year or a higher year. commencement — (a) for part 7, division 2, see section 81; and (b) for part 7, division 4, see section 91. common national test means a test in literacy or numeracy specified in a regulation made under the Commonwealth Act. Commonwealth Act means the Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004 (Cwlth). compulsory participation phase see the E(GP) Act, section 231. compulsory school age see the E(GP) Act, section 9. convicted means found guilty, or having a plea of guilty accepted by a court, whether or not a conviction is recorded. deputy chairperson means the deputy chairperson of the authority appointed under section 29(1). director means the director of the office appointed under section 59. Page 82 Current as at 1 July 2013

Education (Queensland Studies Authority) Act 2002 Schedule 2 education and care service means an approved education and care service under the Education and Care Services NationalLaw (Queensland). education planning activities see section 72A. educator see the Education and Care Services National Law(Queensland), section 5(1). E(GP) Act means the Education(GeneralProvisions)Act2006 . eligible option , for part 2A, see section 21B. executive committee means the committee established under section 45. exempt provider , for part 2A, see section 21B. former body , for part 7, division 2, see section 81. Higher Education Forum means the entity by that name whose membership includes the following— (a) the vice-chancellors of universities established in the State; (b) the chief executive; (c) a nominee of the Minister administering the vocational education and training department. implementing , in relation to common national tests, means implementing the tests under a regulation made under the Commonwealth Act. kindergarten guideline means a guideline about learning and age-appropriate teaching and assessment practices, in education and care services and child care services, for the years before the preparatory year. member means— (a) an official member; or (b) an appointed member. moderation means the process under which assessment data is moderated to ensure comparability, across the State and at Current as at 1 July 2013 Page 83

Education (Queensland Studies Authority) Act 2002 Schedule 2 recognised schools, of the assessing teachers’ judgments in deciding results. non-State school means a school that is provisionally accredited, or accredited, under the Education (Accreditationof Non-State Schools) Act 2001 . notice means written notice. office means the Office of the Queensland Studies Authority. official member means a member mentioned in section 25(1)(a) or (b). parent see the E(GP) Act, section 10. planning activities , for part 2A, see section 21B. pre-amended Act , for part 7, division 4, see section 91. preparatory guideline means a guideline for the preparatory year. preparatory year see the Education (General Provisions) Act2006 , schedule 4. primary education see the Education(GeneralProvisions)Act 2006 , schedule 4. primary school means a school, other than a special school, offering education in the preparatory year and years 1 to 7. principal , of a school, means the individual in charge of the school. provider , for part 2A, see section 21B. purchase see section 8(3). QCE means Queensland certificate of education. QCEC means the Queensland Catholic Education Commission. Queensland certificate of education means a certificate issuable under this Act to a person who meets the eligibility requirements provided for under this Act for the issue of the certificate. Page 84 Current as at 1 July 2013

Education (Queensland Studies Authority) Act 2002 Schedule 2 recognised school see the Education (General Provisions) Act2006 , schedule 4. re-engagement activities , for part 2A, see section 21B. regulation made under the Commonwealth Act means a regulation made under the following provisions of the Commonwealth Act— (a) for a State school—section 19(4); (b) for a non-State school—section 36(4). relevant entities means the following entities— (a) AISQ; (b) QCEC; (c) the VETE chief executive. repealed Act , for part 7, division 2, see section 81. repealed chapter 11 , for part 7, division 4, see section 91. school — (a) means— (i) a State instructional institution within the meaning of the Education(GeneralProvisions)Act2006 , schedule 4; or (ii) a non-State school; but (b) does not include a recognised school. school age care service see the Child Care Act 2002 , schedule 2. school studies means— (a) the 8 key learning areas provided for under the Melbourne Declaration on Educational Goals for Young Australians; or Current as at 1 July 2013 Page 85

Education (Queensland Studies Authority) Act 2002 Schedule 2 Page 86 (b) school subjects. Note — The declaration was made at the 26th Ministerial Council on Education, Employment, Training and Youth Affairs held on 5 December 2008. Editor’s note — The declaration may be viewed on the website of the Ministerial Council for Education, Early Childhood Development and Youth Affairs at < secondary education see the Education (General Provisions)Act 2006 , schedule 4. secondary school means a school, other than a special school, offering education in years 8 to 12 years of schooling. sectors of education means primary education, secondary education, special education and tertiary education. special education see the Education (General Provisions) Act2006 , schedule 4. special school means a school providing special education. statement of results means a statement, issuable under this Act, recording information that is— (a) recorded in a person’s student account; and (b) prescribed under a regulation for the statement. State school see the Education(GeneralProvisions)Act2006 , schedule 4. student account see section 21A(1). student account phase see section 21C. students means persons studying school studies within a sector of education. student visa holder , for part 2A, see section 21B. syllabus includes standards of learning, and standards of assessment, for school studies. TAFE Queensland means TAFE Queensland established under the TAFE Queensland Act 2013 , section 5(1). Current as at 1 July 2013

Education (Queensland Studies Authority) Act 2002 Schedule 2 teacher means— (a) a person who— (i) is registered as a teacher under the Education(Queensland College of Teachers) Act 2005 ; and (ii) is a member of the educational staff of a school; or (b) in relation to a recognised school—a person who provides educational instruction in, or assessment of, certification studies at the school. tertiary entrance means the entrance by persons to tertiary education in Queensland. VETE Act means the VocationalEducation,TrainingandEmployment Act 2000 . VETE chief executive means the chief executive of the VETE department. VETE department means the department in which the VETE Act is administered. Current as at 1 July 2013 Page 87

Education (Queensland Studies Authority) Act 2002 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .88 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .89 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .89 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .90 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .92 7 Forms notified or published in the gazette . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .99 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992 , section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2013. Future amendments of the Education (Queensland Studies Authority) Act 2002 may be made in accordance with this reprint under the Reprints Act 1992 , section 49. Page 88 Current as at 1 July 2013

Education (Queensland Studies Authority) Act 2002 Endnotes 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised version = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3237 0466 or email [email protected]. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Reprint No. 1 1A 1B 1C Amendments included none none 2003 Act No. 63 2005 Act No. 29 Effective 1 July 2002 1 January 2003 1 January 2004 31 May 2005 Notes Current as at 1 July 2013 Page 89

Education (Queensland Studies Authority) Act 2002 Endnotes Reprint No. 1D rv 1E 1F 1G 1H 1I 1J 2 2A 2B 2C 2D 2E 2F 3 3A 3B Amendments included 2003 Act No. 62 (amd 2005 Act No. 65) 2005 Act No. 47 2006 Act No. 39 2006 Act No. 55 2006 Act No. 39 (amd 2006 Act No. 55) 2007 Act No. 2 2006 Act No. 55 2007 Act No. 53 — 2008 Act No. 1 — 2009 Act No. 9 2009 Act No. 39 2009 Act No. 25 2009 Act No. 40 — 2011 Act No. 38 2012 Act No. 11 Effective 1 January 2006 30 October 2006 7 December 2006 1 January 2007 23 March 2007 2 November 2007 9 November 2007 9 November 2007 20 February 2008 3 November 2008 1 July 2009 15 October 2009 2 November 2009 1 December 2009 1 December 2009 1 January 2012 29 June 2012 Notes R1J withdrawn, see R2 prov exp 2 November 2008R2F withdrawn, see R3 Current as at 1 July 2013 Amendments included 2013 Act No. 27 Notes 5 List of legislation Education (Queensland Studies Authority) Act 2002 No. 1 date of assent 28 February 2002 ss 1–2 commenced on date of assent s 9 commenced 1 January 2003 (2002 SL No. 342) remaining provisions commenced 1 July 2002 (2002 SL No. 154) amending legislation— Youth Participation in Education and Training Act 2003 No. 62 ss 1, 2(3), pt 8 div 2 (this Act is amended, see amending legislation below) date of assent 13 October 2003 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2006 (see s 2(3)) amending legislation— Youth Participation in Education and Training Act 2005 No. 65 ss 1, 16 (amends 2003 No. 62 above) date of assent 28 November 2005 commenced on date of assent Page 90 Current as at 1 July 2013

Education (Queensland Studies Authority) Act 2002 Endnotes Training Reform Act 2003 No. 63 ss 1, 2(2), 60 sch date of assent 13 October 2003 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2004 (2003 SL No. 293) Education (Accreditation of Non-State Schools) and Other Legislation AmendmentAct 2005 No. 29 pts 1, 4 date of assent 31 May 2005 commenced on date of assent Education (Queensland College of Teachers) Act 2005 No. 47 ss 1–2, 329 sch 2 date of assent 2 November 2005 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2006 (see s 2) Education (General Provisions) Act 2006 No. 39 ss 1–2(1), (3), 512(1)–(2) schs 1–2 (this Act is amended, see amending legislation below) date of assent 11 August 2006 ss 1–2 commenced on date of assent s 512(2) sch 2 commenced 1 January 2007 (see s 2(1)) remaining provisions commenced 30 October 2006 (2006 SL No. 247) amending legislation— Education Legislation Amendment Act 2006 No. 55 ss 1–2, 20 (amends 2006 No. 39 above) date of assent 7 December 2006 commenced on date of assent Education Legislation Amendment Act 2006 No. 55 pts 1, 4, s 52 sch date of assent 7 December 2006 ss 1–2, 30–31, 32(2), 33, 40, 42(1), (3), 51(2) (to the extent it ins def “purchase”), 51(5), 52 commenced on date of assent (see s 2(a)) remaining provisions commenced 2 November 2007 (2007 SL No. 265) Vocational Education, Training and Employment and Other Acts Amendment Act2007 No. 2 pts 1, 4 date of assent 16 February 2007 ss 1–2 commenced on date of assent remaining provisions commenced 23 March 2007 (2007 SL No. 34) Vocational Education, Training and Employment and Other Legislation AmendmentAct 2007 No. 53 ss 1, 30 sch date of assent 9 November 2007 commenced on date of assent Education Legislation Amendment Act 2008 No. 1 pts 1, 3 date of assent 20 February 2008 commenced on date of assent Financial Accountability Act 2009 No. 9 ss 1, 2(2), 136 sch 1 date of assent 28 May 2009 Current as at 1 July 2013 Page 91

Education (Queensland Studies Authority) Act 2002 Endnotes ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2009 (2009 SL No. 80) CriminalCodeandOtherLegislation(Misconduct,BreachesofDisciplineandPublic Sector Ethics) Amendment Act 2009 No. 25 pt 1, s 83 sch date of assent 11 August 2009 ss 1–2 commenced on date of assent remaining provisions commenced 2 November 2009 (2009 SL No. 241) Education Legislation Amendment Act 2009 No. 39 s 1, pt 4 date of assent 15 October 2009 commenced on date of assent Education and Training Legislation Amendment Act 2009 No. 40 pts 1, 5 date of assent 15 October 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2009 (2009 SL No. 267) Education and Care Services National Law (Queensland) Act 2011 No. 38 ss 1–2, pt 5 div 8 date of assent 24 November 2011 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2012 (2011 SL No. 277) Vocational Education and Training (Commonwealth Powers) Act 2012 No. 11 pt 1, s 43 sch pt 2 date of assent 27 June 2012 ss 1–2 commenced on date of assent remaining provisions commenced 29 June 2012 (see s 2) TAFE Queensland Act 2013 No. 27 ss 1–2, 70 sch 1 pt 2 date of assent 3 June 2013 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2013 (2013 SL No. 108) 6 List of annotations Long title amd 2006 No. 55 s 31; 2006 No. 39 s 512(2) sch 2; 2009 No. 39 s 17 Objects of Act s 3 amd 2003 No. 62 s 95; 2006 No. 39 s 512(1) sch 1; 2006 No. 55 s 32(2); 2006 No. 39 s 512(2) sch 2; 2006 No. 55 s 32(1); 2009 No. 39 s 18 PART 2—ESTABLISHMENT, FUNCTIONS AND POWERS OF QUEENSLAND STUDIES AUTHORITY Application of div 2 to recognised schools s 7A ins 2009 No. 39 s 19 Development and purchase functions prov hdg amd 2006 No. 55 s 33(1) Page 92 Current as at 1 July 2013

Education (Queensland Studies Authority) Act 2002 Endnotes s 8 amd 2006 No. 55 s 33(2)–(5); 2006 No. 39 s 512(2) sch 2 (amd 2006 No. 55 s 20) sub 2009 No. 39 s 20 amd 2011 No. 38 s 71 Accreditation function s 9 amd 2006 No. 39 s 512(2) sch 2 sub 2009 No. 39 s 20 amd 2011 No. 38 s 72 Testing functions for common national tests s 10A ins 2008 No. 1 s 10 Assessment functions s 11 amd 2006 No. 55 s 34; 2009 No. 39 s 21 Moderation function s 12 amd 2009 No. 39 s 22 Certification functions s 13 sub 2006 No. 55 s 35 amd 2009 No. 39 s 23 Vocational education and training functions s 14 amd 2003 No. 63 s 60 sch; 2012 No. 11 s 43 sch pt 2 Student account functions s 14A ins 2003 No. 62 s 96 sub 2006 No. 39 s 512(1) sch 1; 2006 No. 55 s 36 amd 2009 No. 39 s 24 Tertiary entrance functions s 15 amd 2003 No. 63 s 60 sch; 2006 No. 39 s 512(1) sch 1; 2007 No. 2 s 20; 2007 No. 53 s 30 sch; 2012 No. 11 s 43 sch pt 2; 2013 No. 27 s 70 sch 1 pt 2 Other functions s 17 amd 2006 No. 55 s 37 Division 4—Tests and notifications of syllabuses and guidelines div hdg amd 2003 No. 62 s 97; 2006 No. 39 s 512(2) sch 2; 2006 No. 55 s 38; 2009 No. 39 s 25 Provider must give information about results to authority s 18A ins 2003 No. 62 s 98 amd 2006 No. 39 s 512(1) sch 1 om 2006 No. 55 s 39 Information about results to be recorded in student account s 18B ins 2003 No. 62 s 98 (amd 2005 No. 65 s 16(2)) amd 2006 No. 39 s 512(1) sch 1 om 2006 No. 55 s 39 Common national tests s 19A ins 2008 No. 1 s 11 Current as at 1 July 2013 Page 93

Education (Queensland Studies Authority) Act 2002 Endnotes Notification of approved or accredited syllabus or guideline prov hdg amd 2006 No. 39 s 512(2) sch 2 s 20 amd 2006 No. 55 s 40; 2006 No. 39 s 512(2) sch 2 sub 2009 No. 39 s 26 amd 2011 No. 38 s 73 PART 2A—STUDENT ACCOUNTS pt hdg ins 2006 No. 55 s 41 Division 1—Preliminary div 1 (ss 21A–21C) ins 2006 No. 55 s 41 Division 2—Opening student accounts div hdg ins 2006 No. 55 s 41 Subdivision 1—Accounts for young persons about to enter, or in, the compulsory participation phase sdiv 1 (ss 21D–21G) ins 2006 No. 55 s 41 Subdivision 1A—Accounts for students of recognised schools sdiv 1A (ss 21GA–21GC) ins 2009 No. 39 s 27 Subdivision 2—Accounts for other persons sdiv 2 (ss 21H–21I) ins 2006 No. 55 s 41 Subdivision 3—Account numbers for student accounts sdiv 3 (s 21J) ins 2006 No. 55 s 41 Division 3—Provision of account information to the authority div hdg ins 2006 No 55. s 41 Subdivision 1—Providers’ obligations to give information sdiv 1 (ss 21K–21O) ins 2006 No. 55 s 41 Subdivision 1A—Obligation of recognised school to give information sdiv 1A (ss 21OA–21OD) ins 2009 No. 39 s 28 Subdivision 2—Persons who may give information on behalf of providers sdiv hdg ins 2006 No. 55 s 41 VETE chief executive s 21P ins 2006 No. 55 s 41 amd 2007 No. 53 s 30 sch; 2013 No. 27 s 70 sch1 pt 2 Authorised agent s 21Q ins 2006 No. 55 s 41 Subdivision 3—Information not given by a provider under subdivision 1 sdiv 3 (s 21R) ins 2006 No. 55 s 41 Division 4—Use and disclosure of account information by authority div hdg ins 2006 No. 55 s 41 Use by authority and disclosure to providers or recognised schools for verification prov hdg amd 2009 No. 39 s 29(1) Page 94 Current as at 1 July 2013

Education (Queensland Studies Authority) Act 2002 Endnotes s 21S ins 2006 No. 55 s 41 amd 2009 No. 39 s 29(2)–(3) Disclosure to providers, their agents, or recognised schools, for other purposes prov hdg amd 2009 No. 39 s 30(1) s 21T ins 2006 No. 55 s 41 amd 2007 No. 53 s 30 sch; 2009 No. 39 s 30(2)–(5); 2013 No. 27 s 70 sch 1 pt 2 Disclosure to the chief executive s 21U ins 2006 No. 55 s 41 amd 2009 No. 9 s 136 sch 1 Disclosure to person for whom account is kept and the person’s parents s 21V ins 2006 No. 55 s 41 amd 2009 No. 39 s 31 Disclosure of aggregated information to relevant entities s 21W ins 2006 No. 55 s 41 Disclosure to VETE chief executive s 21X ins 2006 No. 55 s 41 Division 5—Miscellaneous div hdg ins 2006 No. 55 s 41 Student visa holder s 21Y ins 2006 No. 55 s 41 Closing student account s 21Z ins 2006 No. 55 s 41 amd 2009 No. 39 s 32 Confidentiality s 21ZB amd 2009 No. 39 s 33 Minister’s power to give directions in the public interest s 23 amd 2006 No. 55 s 42(1), (3); 2006 No. 39 s 512(2) sch 2; 2006 No. 55 s 42(2), (4)–(5); 2009 No. 39 s 34 Minister’s power to give directions about intellectual property s 23A ins 2009 No. 39 s 35 Membership of authority s 25 amd 2006 No. 55 s 43 Authority is statutory body under the Financial Accountability Act 2009 prov hdg amd 2009 No. 9 s 136 sch 1 s 49 amd 2009 No. 9 s 136 sch 1 Change in requirements for certification s 54 amd 2006 No. 55 s 44 Delegation by authority s 55 amd 2006 No. 39 s 512(2) sch 2; 2009 No. 39 s 36 Current as at 1 July 2013 Page 95

Education (Queensland Studies Authority) Act 2002 Endnotes Appointment of director s 59 amd 2009 No. 25 s 83 sch Office staff s 69 amd 2005 No. 29 s 27; 2009 No. 25 s 83 sch Employment of casual staff to help authority to perform its functions under s 10, 11, 12 or 13 prov hdg amd 2006 No. 55 s 45(1) s 69A ins 2005 No. 29 s 28 amd 2006 No. 55 s 45(2); 2009 No. 25 s 83 sch Chief executive may carry on education planning activities s 72A ins 2006 No. 55 s 46 Authority’s annual report s 74 sub 2003 No. 63 s 60 sch amd 2012 No. 11 s 43 sch pt 2 Guidelines s 78 amd 2006 No. 55 s 47 Regulation-making power s 79 amd 2006 No. 39 s 512(2) sch 2; 2006 No. 55 s 48; 2009 No. 39 s 37; 2011 No. 38 s 74 PART 7—REPEAL, TRANSITIONAL AND VALIDATING PROVISIONS pt hdg amd 2005 No. 29 s 29 Syllabuses prov hdg sub 2006 No. 39 s 512(2) sch 2 s 87 amd 2006 No. 39 s 512(2) sch 2 Work program s 88 amd 2006 No. 55 s 49 Division 3—Validation provision for Education (Accreditation of Non-State Schools)and Other Legislation Amendment Act 2005 div hdg ins 2005 No. 29 s 30 Validation of employment of certain casual staff s 90 prev s 90 om R1 (see RA s 40) pres s 90 ins 2005 No. 29 s 30 Division 4—Transitional provisions for Education Legislation Amendment Act 2006 div hdg ins 2006 No. 55 s 50 Definitions for div 4 s 91 ins 2006 No. 55 s 50 Approved and accredited syllabuses s 92 ins 2006 No. 55 s 50 Page 96 Current as at 1 July 2013

Education (Queensland Studies Authority) Act 2002 Endnotes Work programs s 93 ins 2006 No. 55 s 50 Student accounts s 94 ins 2006 No. 55 s 50 Transitional regulation-making power s 95 ins 2006 No. 55 s 50 exp 2 November 2008 (see s 95(4)) PART 8—AMENDMENT OF ACTS pt hdg om R1 (see RA s 7(1)(k)) SCHEDULE 1—CONSEQUENTIAL AND OTHER AMENDMENTS OF ACTS om R1 (see RA s 40) SCHEDULE 2—DICTIONARY amd 2003 No. 63 s 60 sch def “1–12 syllabus” sub 2006 No. 55 s 51(1)–(2) def “account number” ins 2006 No. 55 s 51(2) def “accredited kindergarten guideline” ins 2009 No. 39 s 38(2) def “accredited preparatory guideline” ins 2006 No. 39 s 512(2) sch 2 def “accredited preschool guideline” om 2006 No. 39 s 512(2) sch 2 def “accredited syllabus” amd 2006 No. 55 s 51(3)–(4) def “aggregated information” ins 2006 No. 55 s 51(2) def “annual report” amd 2009 No. 9 s 136 sch 1 def “approved kindergarten guideline” ins 2009 No. 39 s 38(2) def “approved preparatory guideline” ins 2006 No. 39 s 512(2) sch 2 amd 2006 No. 55 s 51(6) def “approved preschool guideline” amd 2006 No. 55 s 51(5) om 2006 No. 39 s 512(2) sch 2 def “approved syllabus” amd 2006 No. 55 s 51(5); 2006 No. 55 s 51(3)–(4) def “area of learning” sub 2006 No. 55 s 51(1)–(2) def “assessment data” amd 2006 No. 55 s 51(7) def “authorised agent” ins 2006 No. 55 s 51(2) def “carer” ins 2009 No. 39 s 38(2) def “certificate of achievement” sub 2006 No. 55 s 51(1)–(2) def “certification studies” ins 2006 No. 55 s 51(2) def “child care service” ins 2009 No. 39 s 38(2) def “children over preschool age” ins 2011 No. 38 s 75(2) def “commencement” ins 2006 No. 55 s 51(2) def “common national test” ins 2008 No. 1 s 12 def “Commonwealth Act” ins 2008 No. 1 s 12 def “compulsory participation phase” ins 2006 No. 55 s 51(2) def “compulsory school age” ins 2006 No. 55 s 51(2) def “education and care service” ins 2011 No. 38 s 75(2) def “education planning activities” ins 2006 No. 55 s 51(2) def “educator” ins 2011 No. 38 s 75(2) def “E(GP) Act” ins 2006 No. 55 s 51(2) def “eligible option” ins 2006 No. 55 s 51(2) Current as at 1 July 2013 Page 97

Education (Queensland Studies Authority) Act 2002 Endnotes def “exempt provider” ins 2006 No. 55 s 51(2) def “former body” ins 2006 No. 55 s 51(2) def “guardian” om 2006 No. 55 s 51(1) def “implementing” ins 2008 No. 1 s 12 def “kindergarten guideline” ins 2009 No. 39 s 38(2) sub 2011 No. 38 s 75 def “moderation” amd 2009 No. 39 s 38(3) def “non-authority area of learning” om 2006 No. 55 s 51(1) def “parent” sub 2006 No. 55 s 51(1)–(2) def “planning activities” ins 2006 No. 55 s 51(2) def “pre-amended Act” ins 2006 No. 55 s 51(2) def “preparatory guideline” ins 2006 No. 39 s 512(2) sch 2 def “preparatory year” ins 2006 No. 39 s 512(2) sch 2 def “preschool education” sub 2006 No. 39 s 512(1) sch 1 om 2006 No. 39 s 512(2) sch 2 def “preschool guideline” om 2006 No. 39 s 512(2) sch 2 def “primary education” sub 2006 No. 39 s 512(1) sch 1 def “primary school” amd 2006 No. 39 s 512(2) sch 2 def “provider” ins 2006 No. 55 s 51(2) def “purchase” ins 2006 No. 55 s 51(2) def “QCE” ins 2006 No. 55 s 51(2) def “Queensland certificate of education” ins 2006 No. 55 s 51(2) def “recognised school” ins 2009 No. 39 s 38(2) def “re-engagement activities” ins 2006 No. 55 s 51(2) def “regulation made under the Commonwealth Act” ins 2008 No. 1 s 12 def “relevant entities” ins 2006 No. 55 s 51(2) def “repealed Act” ins 2006 No. 55 s 51(2) def “repealed chapter 11” ins 2006 No. 55 s 51(2) def “school” sub 2006 No. 39 s 512(1) sch 1; 2009 No. 39 s 38(1)–(2) def “school age care service” ins 2009 No. 39 s 38(2) def “school studies” ins 2006 No. 55 s 51(2) sub 2009 No. 40 s 36 def “secondary education” sub 2006 No. 39 s 512(1) sch 1 def “sectors of education” amd 2006 No. 39 s 512(2) sch 2 def “special education” sub 2006 No. 39 s 512(1) sch 1 def “statement of results” ins 2006 No. 55 s 51(2) def “State school” sub 2006 No. 39 s 512 (1) sch 1 def “student account” ins 2006 No. 55 s 51(2) def “student account phase” ins 2006 No. 55 s 51(2) def “students” amd 2006 No. 55 s 51(7) def “student visa holder” ins 2006 No. 55 s 51(2) def “syllabus” amd 2006 No. 55 s 51(7) ins “TAFE Queensland” ins 2013 No. 27 s 70 sch 1 pt 2 def “teacher” amd 2005 No. 47 s 329 sch 2 sub 2009 No. 39 s 38(1)–(2) def “VETE Act” ins 2006 No. 55 s 51(2) def “VETE chief executive” ins 2006 No. 55 s 51(2) def “VETE department” ins 2006 No. 55 s 51(2) Page 98 Current as at 1 July 2013

Education (Queensland Studies Authority) Act 2002 Endnotes def “vocational education and training department” om 2006 No. 55 s 51(1) 7 Forms notified or published in the gazette Lists of forms are no longer included in reprints. Now see the separate forms document published on the website of the Office of the Queensland Parliamentary Counsel at < under Information—Current annotations. This document is updated weekly and the most recent changes are marked with a change bar. © State of Queensland 2013 Authorised by the Parliamentary Counsel Current as at 1 July 2013 Page 99