Education (Queensland Studies Authority) Amendment Regulation (No. 1) 2002 (Qld)

Queensland Subordinate Legislation 2002 No. 343 Education (Queensland Studies Authority) Act 2002 EDUCATION (QUEENSLAND STUDIES AUTHORITY) AMENDMENT REGULATION (No. 1) 2002 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4 Insertion of new pt 1A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 1A—ACCREDITATION OF 1–12 SYLLABUSES AND PRESCHOOL GUIDELINES Division 1—Preliminary 3A Definition for pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3B Meaning of “accredited” for a syllabus or guideline . . . . . . . . . . . . . 5 3C Educational criteria for evaluation of a syllabus or guideline . . . . . . 6 3D Social responsibility criteria for evaluation of a syllabus or guideline 7 Division 2—Applications for accreditation of syllabuses and guidelines 3E Who may apply for accreditation. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3F Procedural requirements for an application . . . . . . . . . . . . . . . . . . . . 8 3G Accreditation of a syllabus and guideline under 1 application . . . . . 8 3H Agreed change to a syllabus or guideline before accreditation . . . . . 8 3I Withdrawal of an application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 3—Inquiries into applications 3J Authority must ensure compliance with procedural requirements . . 9

2 Education (Queensland Studies Authority) Amendment No. 343, 2002 Regulation (No. 1) 2002 3K Authority may require further information or documents . . . . . . . . . Division 4—Evaluation of syllabuses and guidelines for accreditation 3L Evaluation of a syllabus or guideline for accreditation . . . . . . . . . . . Division 5—Decision on applications 3M Deciding an application for accreditation . . . . . . . . . . . . . . . . . . . . . 3N Deciding accreditation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3O When the authority must decide an application. . . . . . . . . . . . . . . . . 3P Accreditation of a syllabus or guideline . . . . . . . . . . . . . . . . . . . . . . 3Q Refusal of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3R Failure to decide an application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 6—Applications for renewal of accreditation 3S Renewal notice for accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3T Who may apply for renewal of accreditation. . . . . . . . . . . . . . . . . . . 3U When an application for renewal must be made . . . . . . . . . . . . . . . . 3V Procedural requirements for an application for renewal . . . . . . . . . . 3W Authority must ensure compliance with procedural requirements . . 3X Authority may require further information or documents . . . . . . . . . 3Y Evaluation of a syllabus or guideline for renewal of accreditation . . 3Z Deciding an application for renewal of accreditation . . . . . . . . . . . . 3ZA Deciding accreditation period for renewal. . . . . . . . . . . . . . . . . . . . . 3ZB When the authority must decide an application for renewal of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3ZC Renewal of accreditation of a syllabus or guideline . . . . . . . . . . . . . 3ZD Refusal to renew accreditation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3ZE Failure to decide an application for renewal of accreditation . . . . . . 3ZF Application of certain provisions to renewal of accreditation . . . . . . Division 7—Approval of changes to accredited syllabuses and guidelines 3ZG Application for approval to change a syllabus or guideline. . . . . . . . 3ZH Authority must ensure compliance with procedural requirements . 3ZI Authority may require further information or documents . . . . . . . . . 3ZJ Deciding an application for approval of a change . . . . . . . . . . . . . . . 3ZK Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . 9 10 11 11 11 12 12 12 13 13 13 13 14 14 15 16 16 16 17 17 17 17 18 18 19 19 20

3 Education (Queensland Studies Authority) Amendment No. 343, 2002 Regulation (No. 1) 2002 3ZL Failure to decide an application for a change to a syllabus or guideline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 8—Cancellation of accreditation 3ZM Grounds for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 3ZN Show cause notice for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . 21 3ZO Representations about show cause notices . . . . . . . . . . . . . . . . . . . . 21 3ZP Ending show cause process without further action . . . . . . . . . . . . . . 21 3ZQ Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Division 9—Registration and records 3ZR Accreditation register to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 3ZS Registration of the nominee for a syllabus or guideline . . . . . . . . . . 23 3ZT Registration of the owner of a syllabus or guideline . . . . . . . . . . . . . 24 3ZU Copies of syllabuses and guidelines to be kept . . . . . . . . . . . . . . . . . 24 5 Amendment of s 13 (Application to take examination at another place) . . . 24 6 Amendment of s 21 (Inspection of graded examination script) . . . . . . . . . . 24 7 Amendment of s 30 (Application to take test at another place) . . . . . . . . . . 25 8 Amendment of s 38 (Results in area of learning recordable on senior certificate) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 9 Amendment of s 40 (Principal to give assessment results to authority) . . . . 25 10 Amendment of s 41 (Issue of senior certificate to person finishing senior secondary education). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 11 Amendment of s 52 (Eligibility for ranking for tertiary entrance) . . . . . . . . 26 12 Amendment of s 55 (List measuring comparative achievement) . . . . . . . . . 26 13 Insertion of new s 70A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 70A Refund of application fee for accreditation or renewal of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 14 Amendment of s 75 (Copy of approved syllabus, approved preschool guideline or guideline) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 15 Amendment of pt 12, divs 1–7 hdgs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 16 Insertion of new pt 12, div 1 hdg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Division 1—Transitional provisions for Education (Queensland Studies Authority) Regulation 2002 17 Amendment of s 82 (Definitions for pt 12) . . . . . . . . . . . . . . . . . . . . . . . . . . 27 18 Insertion of new pt 12, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

4 Education (Queensland Studies Authority) Amendment No. 343, 2002 Regulation (No. 1) 2002 Division 2—Transitional provisions for Education (Queensland Studies Authority) Amendment Regulation (No. 1) 2002 Subdivision 1—Areas of learning 97 Changed descriptions of areas of learning . . . . . . . . . . . . . . . . . . . . . 28 Subdivision 2—Continued syllabuses 98 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 99 Expiry of accreditation of a continued syllabus. . . . . . . . . . . . . . . . . 29 100 Application for renewal of accreditation of a continued syllabus . . . 29 101 Application for approval of a change to a continued syllabus . . . . . . 30 102 Continued syllabus may not be cancelled . . . . . . . . . . . . . . . . . . . . . 30 19 Amendment of sch 1 (Fees). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 20 Amendment of sch 2 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

s1 5 s4 Education (Queensland Studies Authority) Amendment No. 343, 2002 Regulation (No. 1) 2002 1 Short title This regulation may be cited as the Education (Queensland Studies Authority) Amendment Regulation (No. 1) 2002 . 2 Commencement Sections 4 and 8 to 20 commence on 1 January 2003. 3 Regulation amended This regulation amends the Education(QueenslandStudiesAuthority)Regulation 2002. 4 Insertion of new pt 1A After section 3— insert— ‘PART 1A—ACCREDITATION OF 1–12 SYLLABUSES AND PRESCHOOL GUIDELINES ‘Division 1—Preliminary ‘3A Definition for pt 1A ‘In this part— “guideline” means a preschool guideline. ‘3B Meaning of “accredited” for a syllabus or guideline ‘ (1) A syllabus or guideline is “accredited” if the authority grants or renews accreditation of the syllabus or guideline. ‘ (2) The syllabus or guideline is accredited from the day the authority decides to grant or renew accreditation until the end of the accreditation period for the syllabus or guideline or earlier cancellation of the accreditation.

s4 6 s4 Education (Queensland Studies Authority) Amendment No. 343, 2002 Regulation (No. 1) 2002 ‘3C Educational criteria for evaluation of a syllabus or guideline ‘ (1) The “educational criteria” for evaluation of a syllabus or guideline are the following— (a) the syllabus or guideline includes the rationale for the syllabus or guideline; (b) the syllabus or guideline is appropriate for the educational needs of the group of students provided for under the syllabus or guideline; (c) the syllabus or guideline defines standards of learning and assessment that achieve or exceed outcomes for students equivalent to the outcomes achieved under related approved syllabuses or guidelines; (d) the syllabus or guideline allows adequate time for achieving the standards of learning and assessment mentioned in paragraph (c); (e) the syllabus or guideline promotes a balance, depth, quality and range (the “characteristics” ) of learning experiences of a standard that achieves or exceeds the standard for the characteristics of learning experiences under related approved syllabuses or guidelines; (f) the syllabus or guideline does not encourage or condone discrimination on the basis of an attribute mentioned in the Anti-Discrimination Act 1991 , section 7. 1 ‘ (2) In this section— “discrimination on the basis of an attribute” see the Anti-DiscriminationAct 1991 , section 8. 2 “related approved guidelines” , in relation to a guideline under evaluation, means approved guidelines equivalent, or at least relevant, to the guideline under evaluation. “related approved syllabuses” , in relation to a syllabus under evaluation, means approved syllabuses— 1 See the Anti-Discrimination Act 1991 , section 7 (Discrimination on the basis of certain attributes prohibited). 2 See the Anti-Discrimination Act 1991 , section 8 (Meaning of discrimination on the basis of an attribute).

s4 7 s4 Education (Queensland Studies Authority) Amendment No. 343, 2002 Regulation (No. 1) 2002 (a) providing for an area of learning equivalent, or at least relevant, to the area of learning provided for in the syllabus under evaluation; and (b) providing for an equivalent or similar group of students provided for in the syllabus under evaluation. ‘3D Social responsibility criteria for evaluation of a syllabus or guideline ‘ (1) The “social responsibility criteria” for evaluation of a syllabus or guideline are the following— (a) implementation of the syllabus or guideline will not encourage or condone contravention of— (i) a law of the State or the Commonwealth; or (ii) an international treaty to which the Commonwealth is a party; (b) implementation of the syllabus or guideline will not be inconsistent with an agreement between the State or a representative of the State and another State or the Commonwealth or a representative of another State or the Commonwealth; (c) implementation of the syllabus or guideline will not be contrary to the public interest. Example for paragraph (c) of a syllabus implementation of which would be contrary to the public interest — A civics syllabus that would promote a racially based social and political hierarchy for Australia. ‘ (2) In this section— “representative” , of the State, another State or the Commonwealth, means— (a) a Minister or a person who was a Minister of the State, the other State or the Commonwealth; or (b) a person employed or engaged or previously employed or engaged by, the State, the other State or the Commonwealth. “treaty” includes a convention, protocol, agreement, or arrangement.

s4 8 s4 Education (Queensland Studies Authority) Amendment No. 343, 2002 Regulation (No. 1) 2002 ‘Division 2—Applications for accreditation of syllabuses and guidelines ‘3E Who may apply for accreditation ‘The following persons may apply for accreditation of a syllabus or guideline— (a) the person who owns the syllabus or guideline; (b) a person authorised by the owner of the syllabus or guideline to make the application. ‘3F Procedural requirements for an application ‘ (1) An application for accreditation of a syllabus or guideline must— (a) be in the approved form; and (b) be accompanied by— (i) the syllabus or guideline; and (ii) evidence satisfactory to the authority that the applicant is eligible to apply under section 3E; and (iii) the prescribed application fee; and (iv) any other documents, identified in the approved form, the authority reasonably requires. ‘ (2) Information in the application must, if the approved form requires, be verified by a statutory declaration . ‘3G Accreditation of a syllabus and guideline under 1 application ‘A person may, in 1 application, apply for accreditation of a syllabus and a guideline if the syllabus and guideline relate to an area of learning that provides for the preschool year of schooling and at least 1 other year of schooling. ‘3H Agreed change to a syllabus or guideline before accreditation ‘ (1) The authority and an applicant for accreditation of a syllabus or guideline may agree, before the authority decides the application, to change the syllabus or guideline.

s4 9 s4 Education (Queensland Studies Authority) Amendment No. 343, 2002 Regulation (No. 1) 2002 ‘ (2) However, if the applicant is not the owner of the syllabus or guideline, the change can be made only if the owner agrees to the change. ‘3I Withdrawal of an application ‘A person may withdraw the person’s application for accreditation of a syllabus or guideline by giving a notice to the authority. ‘Division 3—Inquiries into applications ‘3J Authority must ensure compliance with procedural requirements ‘ (1) If the authority considers an application for accreditation of a syllabus or guideline does not comply with a procedural requirement, the authority must, by notice given to the applicant, require the applicant to comply with the requirement within a reasonable period, of at least 28 days, stated in the notice. ‘ (2) However, the authority and the applicant may, before the end of the period stated in the notice, agree to extend the period for complying with the procedural requirement to a day (the “agreed compliance day” ) after the end of the period stated in the notice. ‘ (3) If the applicant does not comply with the procedural requirement within the period stated in the notice, or if applicable, by the agreed compliance day, the authority may reject the application. ‘ (4) If the authority decides to reject the application, the authority must give the applicant an information notice about the decision. ‘3K Authority may require further information or documents ‘ (1) If the authority considers further information or a document is required for deciding an application for accreditation of a syllabus or guideline, the authority may, by notice given to the applicant, require the applicant to give the information or document to the authority within a reasonable period, of at least 28 days, stated in the notice. ‘ (2) The authority may also require the information or document to be verified by a statutory declaration .

s 4 10 s 4 Education (Queensland Studies Authority) Amendment No. 343, 2002 Regulation (No. 1) 2002 ‘ (3) Despite subsection (1), the authority and the applicant may, before the end of the period stated in the notice, agree to extend the period for complying with the procedural requirement to a day (the “agreed compliance day” ) after the end of the period stated in the notice. ‘ (4) If the applicant does not comply with a requirement under subsection (1) within the period stated in the notice, or if applicable, by the agreed compliance day, the authority may reject the application. ‘ (5) If the authority decides to reject the application, the authority must give the applicant an information notice about the decision. ‘Division 4—Evaluation of syllabuses and guidelines for accreditation ‘3L Evaluation of a syllabus or guideline for accreditation ‘ (1) Before deciding to grant, or to refuse to grant, accreditation of a syllabus or guideline, the authority must conduct an evaluation of the syllabus or guideline. ‘ (2) However, the authority must not start the evaluation unless the applicant for accreditation of the syllabus or guideline has complied with— (a) all procedural requirements for the application; and (b) if the authority has given the applicant a notice under section 3K(1)—all requirements for further information or any document under the notice. ‘ (3) For evaluating a syllabus or guideline, the authority must consider whether or not the syllabus or guideline satisfies each of the educational criteria and social responsibility criteria. ‘ (4) The authority may require the applicant to give the authority further information or a document under section 3K after evaluation has started, however, the authority may not reject the application only because the applicant does not comply with the requirement.

s 4 11 s 4 Education (Queensland Studies Authority) Amendment No. 343, 2002 Regulation (No. 1) 2002 ‘Division 5—Decision on applications ‘3M Deciding an application for accreditation ‘ (1) As soon as practicable after evaluation of a syllabus or guideline, the authority must consider the application for accreditation of the syllabus or guideline and decide to grant, or to refuse to grant, accreditation of the syllabus or guideline. ‘ (2) The authority must decide to grant accreditation of a syllabus or guideline if the authority considers the syllabus or guideline satisfies each of the educational criteria and the social responsibility criteria. ‘3N Deciding accreditation period ‘ (1) If the authority decides to grant accreditation of a syllabus or guideline, it must also decide the accreditation period for implementation of the syllabus or guideline at schools. ‘ (2) For deciding the accreditation period for implementation of a syllabus or guideline the authority must have regard to— (a) the nature of the area of learning and the standards of learning and assessment provided for in the syllabus or guideline; and (b) the period for which the authority considers the syllabus or guideline will continue to be appropriate and current for the area of learning, taking into account advancement in the area of learning. ‘3O When the authority must decide an application ‘ (1) If an application for accreditation of a syllabus or guideline is made on or before 28 February in a year, the authority must decide the application as soon as practicable after evaluation of the syllabus or guideline but not later than 31 August in the year (the “decision day” ). ‘ (2) If an application for accreditation of a syllabus or guideline is made after 28 February in a year, the authority must decide the application as soon as practicable after evaluation of the syllabus or guideline but not later than 31 August in the next year (also the “decision day” ). ‘ (3) Despite subsections (1) and (2), the authority and the applicant may, before the decision day, agree in writing on a day (the “agreed

s 4 12 s 4 Education (Queensland Studies Authority) Amendment No. 343, 2002 Regulation (No. 1) 2002 extended day” ), not more than 90 days after the decision day, by which the authority is to make the decision. ‘3P Accreditation of a syllabus or guideline ‘If the authority decides to grant accreditation of a syllabus or guideline, it must as soon as practicable give the applicant— (a) a notice about the decision; and (b) an information notice about the accreditation period for the syllabus or guideline; and (c) a certificate of accreditation stating each of the following— (i) the name of the accredited syllabus or guideline; (ii) the name of the owner of the syllabus or guideline; (iii) if the applicant is not the owner—the name of the applicant; (iv) the accreditation period. ‘3Q Refusal of accreditation ‘If the authority decides to refuse to grant accreditation of a syllabus or guideline, it must as soon as practicable give the applicant an information notice about the decision. ‘3R Failure to decide an application ‘ (1) If the authority fails to decide an application for accreditation of a syllabus or guideline by the decision day, or if applicable, the agreed extended day, the failure is taken to be a decision by the authority to refuse to grant accreditation of the syllabus or guideline. ‘ (2) If the authority is taken under subsection (1) to have decided to refuse to grant accreditation, the applicant may appeal against the decision under part 9. 3 3 Part 9 (Reviews and appeals)

s 4 13 s 4 Education (Queensland Studies Authority) Amendment No. 343, 2002 Regulation (No. 1) 2002 ‘Division 6—Applications for renewal of accreditation ‘3S Renewal notice for accreditation ‘ (1) The authority must give the registered nominee for a syllabus or guideline a notice (a “renewal notice” ) stating— (a) that accreditation of the syllabus or guideline is due to expire and the day of expiry; and (b) that an application for renewal of accreditation may be made by the application day. ‘ (2) The authority must give the registered nominee the renewal notice by 1 December in the year before the year in which accreditation of the syllabus or guideline is due to expire. ‘3T Who may apply for renewal of accreditation ‘The following persons may make an application for renewal of accreditation of a syllabus or guideline— (a) the owner of the syllabus or guideline; (b) the registered nominee for the syllabus or guideline; (c) a person, other than the nominee, authorised by the owner to make the application. ‘3U When an application for renewal must be made ‘ (1) An application for renewal of accreditation of a syllabus or guideline must be made to the authority by 28 February (the “application day” ) in the year the accreditation is due to expire. ‘ (2) If an application for renewal of accreditation of a syllabus or guideline is made after the application day, the authority must deal with the application as if it were an application for accreditation of the syllabus or guideline. ‘3V Procedural requirements for an application for renewal ‘ (1) An application for renewal of accreditation of a syllabus or guideline must—

s 4 14 s 4 Education (Queensland Studies Authority) Amendment No. 343, 2002 Regulation (No. 1) 2002 (a) be in the approved form; and (b) be accompanied by— (i) if the applicant proposes a change to the syllabus or guideline—the syllabus or guideline showing the change; and (ii) if the applicant is not the owner of, or registered nominee for, the syllabus or guideline—evidence satisfactory to the authority that the applicant is authorised by the owner to make the application; and (iii) the prescribed application fee; and (iv) any documents, identified in the approved form, the authority reasonably requires to decide the application. ‘ (2) Information in the application must, if the approved form requires, be verified by a statutory declaration. ‘3W Authority must ensure compliance with procedural requirements ‘ (1) If the authority considers an application for renewal of accreditation of a syllabus or guideline does not comply with a procedural requirement, the authority must, by notice given to the applicant, require the applicant to comply with the requirement within a reasonable period, of at least 28 days, stated in the notice. ‘ (2) However, the authority and the applicant may, before the end of the period stated in the notice, agree to extend the period for complying with the procedural requirement to a day (the “agreed compliance day” ) after the end of the period stated in the notice. ‘ (3) If the applicant does not comply with the procedural requirement within the period stated in the notice, or if applicable, by the agreed compliance day, the authority may reject the application. ‘ (4) If the authority decides to reject the application, the authority must give the applicant an information notice about the decision. ‘3X Authority may require further information or documents ‘ (1) If the authority considers further information or a document is required for deciding an application for renewal of accreditation, the

s 4 15 s 4 Education (Queensland Studies Authority) Amendment No. 343, 2002 Regulation (No. 1) 2002 authority may, by notice given to the applicant, require the applicant to give the information or document to the authority within a reasonable period, of at least 28 days, stated in the notice. ‘ (2) The authority may also require the information or document to be verified by a statutory declaration . ‘ (3) Despite subsection (1), the authority and the applicant may, before the end of the period stated in the notice, agree to extend the period for complying with the procedural requirement to a day (the “agreed compliance day” ) after the end of the period stated in the notice. ‘ (4) If the applicant does not comply with a requirement under subsection (1) within the period stated in the notice, or if applicable, by the agreed compliance day, the authority may reject the application. ‘ (5) If the authority decides to reject the application, the authority must give the applicant an information notice about the decision. ‘3Y Evaluation of a syllabus or guideline for renewal of accreditation ‘ (1) Before deciding to renew, or to refuse to renew, accreditation of a syllabus or guideline, the authority must conduct an evaluation of the syllabus or guideline. ‘ (2) However, the authority must not start the evaluation unless the applicant for renewal of accreditation of the syllabus or guideline has complied with— (a) all procedural requirements for the application; and (b) if the authority has given the applicant a notice under section 3X(1)—all requirements for further information or any document under the notice. ‘ (3) For evaluating a syllabus or guideline, the authority must consider whether or not the syllabus or guideline satisfies each of the educational criteria and social responsibility criteria. ‘ (4) The authority may require the applicant to give the authority further information or a document under section 3X after evaluation has started, however, the authority may not reject the application only because the applicant does not comply with the requirement.

s 4 16 s 4 Education (Queensland Studies Authority) Amendment No. 343, 2002 Regulation (No. 1) 2002 ‘3Z Deciding an application for renewal of accreditation ‘ (1) As soon as practicable after evaluation of a syllabus or guideline, the authority must consider the application for renewal of accreditation of the syllabus or guideline and decide to renew, or to refuse to renew, accreditation of the syllabus or guideline. ‘ (2) The authority must decide to renew accreditation of a syllabus or guideline if the authority considers the syllabus or guideline satisfies each of the educational criteria and the social responsibility criteria. ‘3ZA Deciding accreditation period for renewal ‘ (1) If the authority decides to renew accreditation of a syllabus or guideline, it must also decide the accreditation period for implementation of the syllabus or guideline at schools. ‘ (2) In deciding the accreditation period for implementation of a syllabus or guideline the authority must have regard to— (a) the nature of the area of learning and the standards of learning and assessment provided for in the syllabus or guideline; and (b) the period for which the authority considers the syllabus or guideline will continue to be appropriate and current for the area of learning, taking into account advancement in the area of learning. ‘3ZB When the authority must decide an application for renewal of accreditation ‘ (1) The authority must decide to renew, or refuse to renew, accreditation of a syllabus or guideline as soon as practicable after evaluation but not later than 31 August in the year the accreditation is due to expire (the “decision day” ). ‘ (2) Despite subsection (1), the authority and the applicant may, before the decision day, agree in writing on a day (the “agreed extended day” ), not more than 90 days after the decision day, by which the authority is to make the decision.

s 4 17 s 4 Education (Queensland Studies Authority) Amendment No. 343, 2002 Regulation (No. 1) 2002 ‘3ZC Renewal of accreditation of a syllabus or guideline ‘If the authority decides to renew accreditation of a syllabus or guideline, it must as soon as practicable give the applicant— (a) a notice about the decision; and (b) an information notice about the accreditation period for the syllabus or guideline; and (c) a certificate of accreditation. ‘3ZD Refusal to renew accreditation ‘If the authority decides to refuse to renew accreditation of a syllabus or guideline, it must as soon as practicable give the applicant an information notice about the decision. ‘3ZE Failure to decide an application for renewal of accreditation ‘ (1) If the authority fails to decide an application for renewal of accreditation of a syllabus or guideline by the decision day, or if applicable, the agreed extended day, the failure is taken to be a decision by the authority to refuse to renew accreditation of the syllabus or guideline. ‘ (2) If the authority is taken under subsection (1) to have decided to refuse to renew accreditation, the applicant may appeal against the decision under part 9. 4 ‘3ZF Application of certain provisions to renewal of accreditation ‘Sections 3G to 3I 5 apply to an application for renewal of accreditation of a syllabus or guideline as if a reference to an application for accreditation were a reference to an application for renewal of accreditation. 4 Part 9 (Reviews and appeals) 5 Sections 3G (Accreditation of a syllabus and guideline under 1 application), 3H (Agreed change to a syllabus or guideline before accreditation) and 3I (Withdrawal of an application)

s 4 18 s 4 Education (Queensland Studies Authority) Amendment No. 343, 2002 Regulation (No. 1) 2002 ‘Division 7—Approval of changes to accredited syllabuses and guidelines ‘3ZG Application for approval to change a syllabus or guideline ‘ (1) If the owner of an accredited syllabus or guideline proposes to change the syllabus or guideline, the owner, or the registered nominee authorised by the owner, may make an application to the authority for approval of the proposed change. ‘ (2) The application must be made on or before 28 February in the year before the year in which accreditation of the syllabus or guideline is due to expire. ‘(3) The application must— (a) be in the approved form; and (b) show the proposed change to the syllabus or guideline; and (c) state any reason for the proposed change; and (d) if the registered nominee is not the owner of the syllabus or guideline—include the agreement of the owner to the proposed change. ‘ (4) Information in the application must, if the approved form requires, be verified by a statutory declaration. ‘ (5) The authority must not accept an application under this section if the authority has issued a show cause notice for cancellation of the syllabus or guideline and has not decided to end the show cause process without further action. 6 ‘3ZH Authority must ensure compliance with procedural requirements ‘ (1) If the authority considers an application for approval to change a syllabus or guideline does not comply with a procedural requirement, the authority must, by notice given to the applicant, require the applicant to comply with the requirement within a reasonable period, of at least 28 days, stated in the notice. 6 See sections 3ZN (Show cause notice for cancellation) and 3ZP (Ending show cause process without further action).

s 4 19 s 4 Education (Queensland Studies Authority) Amendment No. 343, 2002 Regulation (No. 1) 2002 ‘ (2) However, the authority and the applicant may, before the end of the period stated in the notice, agree to extend the period for complying with the procedural requirement to a day (the “agreed compliance day” ) after the end of the period stated in the notice. ‘ (3) If the applicant does not comply with the procedural requirement within the period stated in the notice, or if applicable, by the agreed compliance day, the authority may reject the application. ‘ (4) If the authority decides to reject the application, the authority must give the applicant an information notice about the decision. ‘3ZI Authority may require further information or documents ‘ (1) If the authority considers further information or a document is required for deciding an application for approval to change a syllabus or guideline, the authority may, by notice given to the applicant, require the applicant to give the information or document to the authority within a reasonable period, of at least 28 days, stated in the notice. ‘ (2) The authority may also require the information or document to be verified by a statutory declaration . ‘ (3) Despite subsection (1), the authority and the applicant may, before the end of the period stated in the notice, agree to extend the period for complying with the procedural requirement to a day (the “agreed compliance day” ) after the end of the period stated in the notice. ‘ (4) If the applicant does not comply with a requirement under subsection (1) within the period stated in the notice, or if applicable, by the agreed compliance day, the authority may reject the application. ‘ (5) If the authority decides to reject the application, the authority must give the applicant an information notice about the decision. ‘3ZJ Deciding an application for approval of a change ‘ (1) If the applicant has complied with all procedural requirements and any requirement for further information or a document under section 3ZI(1), the authority must consider the application and decide— (a) to approve the proposed change to the syllabus or guideline; or (b) to refuse to approve the proposed change.

s 4 20 s 4 Education (Queensland Studies Authority) Amendment No. 343, 2002 Regulation (No. 1) 2002 ‘ (2) The authority must refuse to approve the proposed change if the authority considers the change requires the syllabus or guideline to be evaluated for accreditation. ‘ (3) The authority must make the decision as soon as practicable but not later than 1 December in the year before the year in which accreditation of the syllabus or guideline is due to expire (the “decision day” ). ‘3ZK Steps to be taken after application decided ‘ (1) If the authority decides to approve a change to a syllabus or guideline, it must as soon as practicable give the applicant a notice about the decision. ‘ (2) If the authority decides to refuse to approve a change to a syllabus or guideline, it must as soon as practicable give the applicant an information notice about the decision. ‘3ZL Failure to decide an application for a change to a syllabus or guideline ‘ (1) If the authority fails to decide an application for approval of a proposed change to a syllabus or guideline by the decision day, the failure is taken to be a decision by the authority to refuse to approve the change. ‘ (2) If the authority is taken under subsection (1) to have decided to refuse to approve the change, the applicant may appeal against the decision under part 9. 7 ‘Division 8—Cancellation of accreditation ‘3ZM Grounds for cancellation ‘The authority may cancel accreditation of a syllabus or guideline if— (a) the authority— (i) becomes aware of a matter relating to the syllabus or guideline; and 7 Part 9 (Reviews and appeals)

s 4 21 s 4 Education (Queensland Studies Authority) Amendment No. 343, 2002 Regulation (No. 1) 2002 (ii) considers it would have refused to grant or renew accreditation of the syllabus or guideline if it had been aware of the matter before granting or renewing accreditation; or (b) the authority considers accreditation of the syllabus or guideline was granted or renewed because of a materially false or misleading representation or declaration. ‘3ZN Show cause notice for cancellation ‘ (1) If the authority considers a ground exists to cancel accreditation of a syllabus or guideline, the authority must, before taking action to cancel the accreditation, give the registered nominee a notice (a “show cause notice” ). ‘ (2) The show cause notice must— (a) state the authority proposes to cancel the accreditation; and (b) state the ground for the proposed cancellation; and (c) outline the facts and circumstances forming the basis for the ground; and (d) invite the registered nominee to show within a stated period (the “show cause period” ) why the accreditation should not be cancelled. ‘ (3) The show cause period must be a period ending not less than 28 days after the show cause notice is given to the registered nominee. ‘3ZO Representations about show cause notices ‘ (1) The registered nominee may make written representations about the show cause notice to the authority in the show cause period. ‘ (2) The authority must consider all written representations made under subsection (1). ‘3ZP Ending show cause process without further action ‘ (1) This section applies if, after considering the representations for the show cause notice, the authority no longer considers a ground exists to cancel the accreditation.

s 4 22 s 4 Education (Queensland Studies Authority) Amendment No. 343, 2002 Regulation (No. 1) 2002 ‘ (2) The authority must not take any further action about the show cause notice. ‘ (3) The authority must also, as soon as practicable after considering the ground no longer exists, give notice to the registered nominee that no further action is to be taken about the show cause notice. ‘3ZQ Cancellation ‘ (1) This section applies if, after considering the representations for the show cause notice, the authority— (a) still considers the ground exists to cancel the accreditation; and (b) considers cancellation of the accreditation is warranted. ‘ (2) This section also applies if there are no representations for the show cause notice. ‘ (3) The authority may decide to cancel the accreditation. ‘ (4) If the authority decides to cancel the accreditation, it must as soon as practicable give the registered nominee an information notice about the decision. ‘ (5) The decision takes effect on the day the information notice is given to the registered nominee. ‘ (6) The registered nominee must return the certificate of accreditation to the authority within 14 days after receiving the information notice. ‘Division 9—Registration and records ‘3ZR Accreditation register to be kept ‘ (1) The authority must keep a register about accredited syllabuses and guidelines (the “accreditation register” ). ‘ (2) The register may be kept in the way the authority considers appropriate, including, for example, in an electronic form. ‘ (3) The register must contain the following details for each accredited syllabus and guideline— (a) the title and a short description of the syllabus or guideline;

s 4 23 s 4 Education (Queensland Studies Authority) Amendment No. 343, 2002 Regulation (No. 1) 2002 (b) the name of the nominee for the syllabus or guideline; (c) the business address of the nominee for the syllabus or guideline; (d) the name of the owner of the syllabus or guideline; (e) the area of learning provided for in the syllabus or guideline; (f) the year or years of schooling provided for in the syllabus or guideline; (g) the day the current accreditation period for the syllabus or guideline ends. ‘ (4) The authority must enter in the register the details mentioned in subsection (3) for an accredited syllabus or guideline within 14 days of deciding to grant or renew accreditation of the syllabus or guideline. ‘ (5) The authority must enter in the register the details of a change of the business address of the registered nominee for an accredited syllabus or guideline within 14 days of receiving notice of the change from the nominee. ‘ (6) If the authority cancels accreditation of a syllabus or guideline, the authority must immediately enter in the register a statement of the cancellation, including the day the cancellation took effect. ‘ (7) The authority must keep the register open for inspection by members of the public, free of charge, at the office 8 during ordinary office hours. ‘3ZS Registration of the nominee for a syllabus or guideline ‘ (1) If the authority grants accreditation of a syllabus or guideline, the authority must register the applicant for the accreditation as the nominee for the syllabus or guideline. ‘ (2) If the authority renews accreditation of a syllabus or guideline, the authority must register the applicant for renewal of the accreditation as the nominee for the syllabus or guideline. ‘ (3) If the owner of an accredited syllabus or guideline gives the authority a notice in the approved form nominating a person to be the 8 The address of the Office of the Queensland Studies Authority is 295 Ann Street, Brisbane.

s 5 24 s 6 Education (Queensland Studies Authority) Amendment No. 343, 2002 Regulation (No. 1) 2002 nominee for the syllabus or guideline, the authority must, within 14 days of receiving the notice, register the person as the nominee for the syllabus or guideline. ‘3ZT Registration of the owner of a syllabus or guideline ‘If the owner of a syllabus or guideline gives the authority a notice in the approved form stating that the owner has transferred ownership of the syllabus or guideline to another person, the authority must, within 14 days of receiving the notice, register the other person as the owner of the syllabus or guideline. ‘3ZU Copies of syllabuses and guidelines to be kept ‘The authority must keep a copy of each accredited syllabus and guideline, including changes to any syllabus or guideline that are approved by the authority.’. 5 Amendment of s 13 (Application to take examination at another place) Section 13(6)(a), after ‘place; and’— insert— ‘ Example of extenuating circumstances — The applicant will be interstate on an extended holiday with the applicant’s parents at the time the examination is to be taken .’. 6 Amendment of s 21 (Inspection of graded examination script) Section 21(3), ‘office’— omit, insert— ‘office 9 ’. 9 The address of the Office of the Queensland Studies Authority is 295 Ann Street, Brisbane.

s 7 25 s 10 Education (Queensland Studies Authority) Amendment No. 343, 2002 Regulation (No. 1) 2002 7 Amendment of s 30 (Application to take test at another place) Section 30(6)(a), after ‘place; and’— insert— ‘ Example of extenuating circumstances — The applicant will be on an extended school excursion at the time the test is to be taken .’. 8 Amendment of s 38 (Results in area of learning recordable on senior certificate) Section 38, from ‘a category A’ to ‘category C’— omit, insert— ‘an authority area of learning, authority registered area of learning or recorded’. 9 Amendment of s 40 (Principal to give assessment results to authority) Section 40(1), from ‘category A’ to ‘category C’— omit, insert— ‘authority areas of learning, authority registered areas of learning and recorded’. 10 Amendment of s 41 (Issue of senior certificate to person finishing senior secondary education) (1) Section 41(3)(a), from ‘a category A’ to ‘category B’— omit, insert— ‘an authority area of learning or authority registered’. (2) Section 41(3)(b) and (5), ‘category C’— omit, insert— ‘recorded’.

s 11 26 s 13 Education (Queensland Studies Authority) Amendment No. 343, 2002 Regulation (No. 1) 2002 (3) Section 41(4), from ‘category A’ to ‘category B’— omit, insert— ‘authority area of learning or authority registered’. 11 Amendment of s 52 (Eligibility for ranking for tertiary entrance) Section 52(a), ‘category A’— omit, insert— ‘authority’. 12 Amendment of s 55 (List measuring comparative achievement) Section 55(1), ‘category A’— omit, insert— ‘authority’. 13 Insertion of new s 70A After section 70— insert— ‘70A Refund of application fee for accreditation or renewal of accreditation ‘ (1) This section applies if— (a) a person withdraws an application for accreditation, or renewal of accreditation, of a 1–12 syllabus or preschool guideline; or (b) the authority rejects an application for accreditation, or renewal of accreditation, of a 1–12 syllabus or preschool guideline. ‘ (2) However, the section only applies if the authority has not started evaluation of the syllabus or guideline. ‘ (3) The authority must refund to the person the application fee less the administrative component of the fee. ‘ (4) In this section— “administrative component” means $1 000.’.

s 14 27 s 17 Education (Queensland Studies Authority) Amendment No. 343, 2002 Regulation (No. 1) 2002 14 Amendment of s 75 (Copy of approved syllabus, approved preschool guideline or guideline) (1) Section 75, heading, from ‘ syllabus ’— omit, insert— ‘ syllabus and certain other documents ’. (2) Section 75(1), ‘preschool guideline or guideline’— omit, insert— ‘preschool guideline, guideline or a part of the accreditation register’. (3) Section 75(2), ‘preschool guideline or guideline’— omit, insert— ‘preschool guideline, guideline or the part of the accreditation register’. 15 Amendment of pt 12, divs 1–7 hdgs Part 12, divisions 1 to 7, headings, ‘ Division ’— omit, insert— ‘ Subdivision ’. 16 Insertion of new pt 12, div 1 hdg After part 12 heading— insert— ‘Division 1—Transitional provisions for Education (Queensland StudiesAuthority) Regulation 2002 ’. 17 Amendment of s 82 (Definitions for pt 12) (1) Section 82, heading, ‘ pt 12 ’— omit, insert— ‘ div 1 ’.

s 18 28 s 18 Education (Queensland Studies Authority) Amendment No. 343, 2002 Regulation (No. 1) 2002 (2) Section 82, ‘part’— omit, insert— ‘division’. 18 Insertion of new pt 12, div 2 After section 96— insert— ‘Division 2—Transitional provisions for Education (Queensland Studies Authority) Amendment Regulation (No. 1) 2002 ‘Subdivision 1—Areas of learning ‘97 Changed descriptions of areas of learning ‘ (1) An area of learning that, immediately before the commencement of this section, was a category A area of learning is taken to be an authority area of learning. ‘ (2) An area of learning that, immediately before the commencement of this section, was a category B area of learning is taken to be an authority registered area of learning. ‘ (3) An area of learning that, immediately before the commencement of this section, was a category C area of learning is taken to be a recorded area of learning. ‘Subdivision 2—Continued syllabuses ‘98 Application of sdiv 2 ‘ (1) This subdivision applies to a syllabus for a subject that is taken, under section 87(5) 10 of the Act, to be an accredited syllabus for the subject (a “continued syllabus” ). ‘ (2) However, the subdivision does not apply to a continued syllabus— 10 Section 87 (Preschool guidelines and syllabuses) of the Act

s 18 29 s 18 Education (Queensland Studies Authority) Amendment No. 343, 2002 Regulation (No. 1) 2002 (a) if no application for renewal of accreditation of the syllabus is made by 28 February in the year the accreditation expires (the “renewal day” )—after the accreditation expires; or (b) if application for renewal of accreditation of the syllabus is made by the renewal day—after the authority has decided the application. ‘99 Expiry of accreditation of a continued syllabus ‘ (1) The authority must, as soon as practicable after commencement of this section, decide the expiry day for accreditation of each continued syllabus. ‘ (2) In deciding the expiry day for accreditation of a continued syllabus the authority must have regard to— (a) the nature of the area of learning and the standards of learning and assessment provided for in the syllabus; and (b) the period in which the authority considers the syllabus will continue to be appropriate and current for the area of learning, taking into account advancement in the area of learning. ‘ (3) The authority must as soon as practicable give an information notice about the expiry day to— (a) the registered nominee for the syllabus; or (b) if there is not a registered nominee—the owner of the syllabus or a person authorised by the owner to receive the notice. ‘ (4) In this section— “expiry day” means 31 December in a year from 2004 to 2008. ‘100 Application for renewal of accreditation of a continued syllabus ‘ (1) This section applies to an application for renewal of a continued syllabus if there is no registered nominee for the syllabus.

s 19 30 s 20 Education (Queensland Studies Authority) Amendment No. 343, 2002 Regulation (No. 1) 2002 ‘ (2) For the application, section 3S 11 applies as if a reference to the registered nominee for the syllabus were a reference to the owner of the syllabus or a person authorised to act for the owner. ‘101 Application for approval of a change to a continued syllabus ‘ (1) This section applies to an application for approval of a change to a continued syllabus if there is no registered nominee for the syllabus. ‘ (2) For the application, section 3ZG 12 applies as if a reference to the registered nominee for the syllabus were a reference to the owner of the syllabus or a person authorised to act for the owner. ‘102 Continued syllabus may not be cancelled ‘Division 8 13 does not apply to a continued syllabus.’. 19 Amendment of sch 1 (Fees) Schedule 1— insert— ‘ 15. Application fee for accreditation or renewal of accreditation of a 1–12 syllabus or preschool guideline . . 3 000.00’. 20 Amendment of sch 2 (Dictionary) (1) Schedule 2, definitions “category A area of learning”, “category B area of learning”, “category C area of learning” and “guideline”— omit. (2) Schedule 2— insert— ‘ “accreditation period” , for implementation of an accredited syllabus or preschool guideline, means a period— 11 Section 3S (Renewal notice for accreditation) 12 Section 3ZG (Application for approval of a change to a syllabus or guideline) 13 Division 8 (Cancellation of accreditation)

s 20 31 s 20 Education (Queensland Studies Authority) Amendment No. 343, 2002 Regulation (No. 1) 2002 (a) of between 2 and 6 years, decided by the authority; and (b) that starts on 1 January first occurring after the day the authority decides to grant or renew accreditation of the syllabus or preschool guideline. “accreditation register” see section 3ZR(1). “accredited” , for a syllabus or preschool guideline, see section 3B. “agreed extended day” — (a) for an application for accreditation of a syllabus or preschool guideline—see section 3O(3); or (b) for an application for renewal of accreditation of a syllabus or preschool guideline—see section 3ZB(2). “application day” , for an application for renewal of accreditation of a syllabus or preschool guideline, see section 3U(1). “authority area of learning” means an area of learning— (a) for which— (i) there is an approved syllabus; and (ii) a work program has been approved by the authority under the Act; and (b) in which a person’s results are subject to the authority’s procedures for moderation. “authority registered area of learning” means an area of learning— (a) for which a work program has been approved by the authority under the Act; and (b) in which a person’s results are not subject to the authority’s procedures for moderation. “certificate of accreditation” means a certificate stating the matters mentioned in section 3P(c)(i) to (iv). “continued syllabus” see section 98(1). “decision day” — (a) for an application for accreditation of a syllabus or preschool guideline—see section 3O(1) and (2); or

s 20 32 s 20 Education (Queensland Studies Authority) Amendment No. 343, 2002 Regulation (No. 1) 2002 (b) for an application for renewal of accreditation of a syllabus or preschool guideline—see section 3ZB(1); or (c) for an application for approval of a change to a syllabus or preschool guideline—see section 3ZJ(3). “educational criteria” , for evaluation of a syllabus or preschool guideline, see section 3C. “evaluation” means— (a) for accreditation of a syllabus or preschool guideline—evaluation under section 3L; or (b) for renewal of accreditation of a syllabus or preschool guideline—an evaluation under section 3Y. “guideline” — (a) for part 1A—see section 3A; or (b) otherwise—means a guideline made under section 78 of the Act. “procedural requirement” means— (a) for an application for accreditation of a syllabus or preschool guideline—a requirement mentioned in section 3F; or (b) for an application for renewal of accreditation of a syllabus or preschool guideline—a requirement mentioned in section 3V; or (c) for an application for approval of a proposed change to a syllabus or preschool guideline—a requirement mentioned in section 3ZG(3) and (4). “recorded area of learning” means— (a) a recordable non-authority area of learning; or (b) a vocational education program. “registered nominee” , for an accredited syllabus or preschool guideline, means the person entered, under section 3ZS, in the accreditation register as the nominee for the syllabus or preschool guideline. “show cause notice” , for cancellation of accreditation of a syllabus or preschool guideline—see section 3ZN(1). “show cause period” , for cancellation of accreditation of a syllabus or preschool guideline—see section 3ZN(2)(d).

s 20 33 s 20 Education (Queensland Studies Authority) Amendment No. 343, 2002 Regulation (No. 1) 2002 “social responsibility criteria” , for evaluation of a syllabus or preschool guideline, see section 3D. “syllabus” means a 1–12 syllabus.’. (3) Schedule 2, definition “appropriate entity”, ‘category A’— omit, insert— ‘authority’. (4) Schedule 2, definition “assessing school”, paragraph (b)(i), ‘category A’— omit, insert— ‘authority’. (5) Schedule 2, definition “assessing school”, paragraph (b)(ii), ‘category B’— omit, insert— ‘authority registered’. ENDNOTES 1. Made by the Governor in Council on 12 December 2002. 2. Notified in the gazette on 13 December 2002. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Education. © State of Queensland 2002