Education (School Curriculum P-10) Act 1996 (QLD)

Queensland EDUCATION (SCHOOL CURRICULUM P–10) ACT 1996 Reprinted as in force on 11 October 2000 (includes amendments up to Act No. 23 of 2000) Reprint No. 1C This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 11 October 2000. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the ReprintsAct1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints.

Queensland EDUCATION (SCHOOL CURRICULUM P–10) ACT 1996 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 2—QUEENSLAND SCHOOL CURRICULUM COUNCIL (P-10) Division 1—Establishment, functions and powers 5 Establishment of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6 Council’s functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 Council’s powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 Dealings with the council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 By-law making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 2—Strategic plan, syllabuses and tests 10 Responsibility for strategic plan for P-12 syllabuses and revisions . . . . . . . 9 11 Minister to consider strategic plan and notify chairpersons . . . . . . . . . . . . . 10 12 Approved syllabuses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 13 Regulation may require council to develop tests . . . . . . . . . . . . . . . . . . . . . 10 Division 3—Powers of Minister 14 Reference of curriculum matters to council . . . . . . . . . . . . . . . . . . . . . . . . . 11 15 Minister’s power to give directions in the public interest . . . . . . . . . . . . . . 11 Division 4—Membership 16 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

2 Education (School Curriculum P-10) Act 1996 17 Appointment not affected by other laws restricting employment . . . . . . . . 13 18 Members’ term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 19 Disqualification on conviction of indictable offence . . . . . . . . . . . . . . . . . . 14 20 Filling vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 21 Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 22 Remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 23 Disclosure of interests by members of council, members of committees and director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Division 5—Council business 24 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 25 Time and place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 26 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 27 Attendance by proxy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 28 Attendance of director at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Division 6—Committees 29 Executive committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 30 Syllabus advisory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 31 Other committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 32 Remuneration and other matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 6A—Chief executive’s nominee 32A Chief executive may appoint nominee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Division 7—Administrative provisions 33 Application of financial legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 34 Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 35 Compliance with budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 PART 3—OFFICE OF THE QUEENSLAND SCHOOL CURRICULUM COUNCIL 36 Office of the Queensland School Curriculum Council . . . . . . . . . . . . . . . . . 22 37 Office’s function and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 38 Director and staff of the office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 39 Control of the office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 PART 4—MISCELLANEOUS 40 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

3 Education (School Curriculum P-10) Act 1996 41 Administrative support for council and office . . . . . . . . . . . . . . . . . . . . . . . . 23 42 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 26 CURRENT APPROVED SYLLABUSES 1 Primary syllabuses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 2 Secondary syllabuses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 3 Secondary syllabuses—maintained by Board of Senior Secondary School Studies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 29 DICTIONARY ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 32 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

s1 5 s2 Education (School Curriculum P-10) Act 1996 EDUCATION (SCHOOL CURRICULUM P–10) ACT 1996 [as amended by all amendments that commenced on or before 11 October 2000] An Act to establish a council with functions about guidelines for the preschool year and syllabuses for years 1 to 10 and related matters, and for other purposes PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Education (School Curriculum P-10) Act 1996 . ˙ Commencement 2.(1) Part 6 and schedule 2, so far as the part and schedule relate to the following Acts commence on the date of assent— • Central Queensland University Act 1989 • Education Legislation Amendment Act 1995 • Education (Work Experience) Act 1996 • Grammar Schools Act 1975 • Griffith University Act 1971 • Higher Education (General Provisions) Act 1993 • James Cook University of North Queensland Act 1970 • Queensland University of Technology Act 1988 • Sunshine Coast University College Act 1994

s3 6 s4 Education (School Curriculum P-10) Act 1996 • University of Queensland Act 1965 • University of Southern Queensland Act 1989 • Vocational Education, Training and Employment Act 1991 . (2) The remaining provisions of this Act commence on a day to be fixed by proclamation. ˙ Purpose 3.(1) The main purpose of this Act is to provide for the development of high quality curricula for Queensland schools. (2) The purpose is to be achieved by— (a) establishing the Queensland School Curriculum Council (P-10); and (b) giving the council functions relating to— (i) the development of P-10 syllabuses; and (ii) initial in-service materials and source books for years 1 to 10; and (iii) strategic planning with the board for the development of P-12 syllabuses; 1 and (iv) other curriculum matters; and (c) establishing the Office of the Queensland School Curriculum Council to assist the council. ˙ Dictionary 4.(1) The dictionary in schedule 3 defines particular words used in this Act. (2) Definitions found elsewhere in the Act are signposted in the dictionary. 1 The Board of Senior Secondary School Studies has functions relating to curriculum for years 11 and 12. See the Education(SeniorSecondarySchoolStudies) Act 1988 , section 6.

s5 7 s6 Education (School Curriculum P-10) Act 1996 PART 2—QUEENSLAND SCHOOL CURRICULUM COUNCIL (P-10) Division 1—Establishment, functions and powers ˙ Establishment of council 5. The Queensland School Curriculum Council (P-10) is established. ˙ Council’s functions 6.(1) The council’s main functions are as follows— (a) to develop P-10 syllabuses; 2 (b) to develop initial in-service materials and source books for years 1 to 10; (c) to advise the Minister on the development of P-10 syllabuses; (d) with the board 3 — (i) to develop and, from time to time, revise a strategic plan for the development of P-12 syllabuses; and (ii) to recommend the strategic plan to the Minister; (e) for tests required under a regulation 4 — (i) to develop the tests; and (ii) to collect and analyse systemic information about the performance of students in the approved tests and report the results of the analyses to the Minister. (2) The council also has the following functions— (a) to hold at least 2 forums each year to ensure distance education, 2 See section 12 (Approved syllabuses). 3 The “board” as defined in the dictionary, is the Board of Senior Secondary School Studies. 4 See section 13 (Regulation may require council to develop tests).

s7 8 s8 Education (School Curriculum P-10) Act 1996 early childhood education, industry, open learning and other relevant issues are taken into account in developing P-10 syllabuses; (b) to undertake research or review projects about developing P-10 syllabuses; (c) to examine and review matters referred to it under section 14. 5 ˙ Council’s powers 7.(1) The council has power to do anything necessary or convenient in relation to its functions. (2) Without limiting subsection (1), the council has the powers given to it under this or another Act and, in particular, has power to— (a) enter into contracts; and (b) appoint agents and attorneys; and (c) engage consultants; and (d) produce materials in performing its functions; and (e) charge for advertising in the materials; and (f) sell the materials or enter into an agreement with someone else to sell the materials. (3) However, the council must not enter into an agreement about real property, including, for example, leasing premises for its accommodation, unless the Minister has approved the council entering into the agreement. ˙ Dealings with the council 8.(1) The council may execute an agreement or other document by having the chairperson, or another person authorised in writing by the council for the purpose, sign the document on its behalf. (2) The council may sue and be sued under its name. 5 Section 14 (Reference of curriculum matters to council)

s 9 9 s 10 Education (School Curriculum P-10) Act 1996 ˙ By-law making power 9.(1) The council may make by-laws about matters relating to its functions and powers. (2) Without limiting subsection (1), a by-law may be made about— (a) developing P-10 syllabuses; and (b) developing initial in-service materials and source books for years 1 to 10; and (c) developing tests; and (d) the way in which approved tests are to be administered, and systemic information is to be given to the council about the performance of students in the tests. (3) A by-law has no effect until approved by the Governor in Council. Division 2—Strategic plan, syllabuses and tests ˙ Responsibility for strategic plan for P-12 syllabuses and revisions 10.(1) This section applies in relation to the council’s function, with the board— (a) to develop and, from time to time, revise a strategic plan for the development of P-12 syllabuses; and (b) to recommend the strategic plan to the Minister. (2) The chairperson of the council must take primary responsibility for the process by which the council and the board must work together in developing the strategic plan, and revising it from time to time. (3) However, the chairperson of the council must consult with the chairperson of the board about the way in which the council and the board are to work together, including, for example, calling and chairing meetings and establishing committees. (4) The recommendation to the Minister about the strategic plan, or subsequent revisions, must be signed by both chairpersons. (5) A revision may take the form of developing a further plan.

s 11 10 s 13 Education (School Curriculum P-10) Act 1996 ˙ Minister to consider strategic plan and notify chairpersons 11.(1) The Minister must consider a strategic plan, or a revision, recommended under section 10(4) and notify the chairperson of the council and chairperson of the board that— (a) the strategic plan or revision is approved with or without changes; or (b) the strategic plan or revision requires further development, including the particular areas for development. (2) The council has not discharged its functions about developing a strategic plan or a revision until the Minister has given notice to the council that the plan or revision is approved. ˙ Approved syllabuses 12.(1) The council must perform its function to develop P-10 syllabuses in accordance with the strategic plan as approved by the Minister. (2) When the council develops a guideline for the preschool year, or a syllabus for a subject for a year from 1 to 10, the council must give written notice to the chief executive about the approved syllabus. (3) The chief executive must fully consider the implementation of the approved syllabus and develop a plan (the “implementation plan” ) to effectively and efficiently implement the approved syllabus into State educational institutions providing education for the subject in the year to which the approved syllabus relates, including, for example, the timing for the implementation. (4) The chief executive must ensure each State educational institution providing education for the subject in the year to which the approved syllabus relates complies with the implementation plan. ˙ Regulation may require council to develop tests 13.(1) A regulation may require the council to develop tests for the assessment of particular skills or knowledge of students in a particular year. Example of a test— A test to assess the literacy skills of students in year 6.

s 14 11 s 15 Education (School Curriculum P-10) Act 1996 (2) When the council develops a test (an “approved test” ) under the regulation, it must give written notice about the approved test to the chief executive. (3) The chief executive must— (a) ensure the approved test is administered by each State educational institution providing education to students in the year to which the test relates; and (b) give to the council the systemic information it requires about the performance of students in the test. (4) If a school, other than a State educational institution, administers an approved test, the entity employing the school’s teaching staff must give the council the systemic information it requires about the performance of students in the test. Division 3—Powers of Minister ˙ Reference of curriculum matters to council 14. If the Minister considers there is a matter about curriculums for the preschool year or years 1 to 10 that the council should examine and review, the Minister may, by written notice, refer the matter to the council for its examination and review. ˙ Minister’s power to give directions in the public interest 15.(1) The Minister may give the council a written direction if the Minister is satisfied it is necessary to give the direction in the public interest. (2) Without limiting subsection (1), a direction may be that the council must comply with— (a) a policy, standard or other instrument of a public sector unit; or (b) another document, including, for example, another policy, standard or instrument. (3) The council must comply with the direction. (4) In the council’s annual report for a financial year, under the Financial

s 16 12 s 16 Education (School Curriculum P-10) Act 1996 Administration and Audit Act 1977 , the council must include copies of all directions given to it during the financial year. Division 4—Membership ˙ Membership of council 16.(1) The council consists of the following members— (a) the chief executive; (b) the persons appointed under subsection (2) (the “appointed members” ). (2) The Governor in Council must appoint the following persons as members of the council— (a) 2 persons nominated by the Minister, 1 of whom is to be appointed as chairperson; (b) 2 public service officers employed in the department and nominated by the chief executive; (c) 1 person nominated by the Queensland Catholic Education Commission; (d) 1 person nominated by the Association of Independent Schools of Queensland Inc.; (e) 1 person nominated by the Board of Senior Secondary School Studies; (f) 2 practising teachers, of whom— (i) 1 is to be nominated by the Queensland Teachers’ Union; and (ii) 1 is to be nominated by the Queensland Independent Education Union of Employees; (g) 1 member of the Training and Employment Board established under the Training and Employment Act 2000 nominated by the Vocational Education Minister; (h) 3 persons who, at the time of appointment, are parents of students

s 17 13 s 17 Education (School Curriculum P-10) Act 1996 currently attending a year from preschool to year 10 at a State educational institution or other school in Queensland, of whom— (i) 1 is to be nominated by the Queensland Council of Parents and Citizens’ Associations Incorporated; and (ii) 1 is to be nominated by the Federation of Parents and Friends Associations Queensland; and (iii) 1 is to be nominated by the Independent Parents and Friends Council of Queensland; (i) 1 person nominated by the Higher Education Forum. (3) The Minister must, by written notice to each of the nominating entities, ask each entity to nominate a person who is, for the entity, an eligible person for appointment to the council. (4) If a nominating entity does not, within the time stated in the notice, nominate a person who is, for the entity, an eligible person— (a) the Minister may nominate someone who is, for the entity, an eligible person; and (b) the person nominated by the Minister is taken to have been nominated by the entity that failed to nominate within the time stated in the notice. (5) The council may appoint a member to be deputy chairperson of the council for the term, not longer than his or her term of office as a member, decided by the council. (6) The director may not be appointed as a member. ˙ Appointment not affected by other laws restricting employment 17. If another Act prohibits or regulates a person’s employment, or other engagement in activities, outside of a stated office or position, the Act does not prevent the person from— (a) being appointed to the council or a committee; or (b) carrying out the person’s functions as a member of the council or a committee; or

s 18 14 s 19 Education (School Curriculum P-10) Act 1996 (c) being paid a fee or allowance to which the person is entitled because of the appointment. ˙ Members’ term of office 18.(1) The member appointed as the chairperson of the council holds office for the term, not longer than 4 years, stated in the member’s appointment. (2) Each other appointed member holds office for the term, not longer than 3 years, stated in the member’s appointment. (3) The office of an appointed member becomes vacant if the member— (a) dies; or (b) resigns by signed notice— (i) for the chairperson—given to the Minister; or (ii) for another member—given to the chairperson; or (c) is absent from 3 consecutive meetings of the council, of which the member has been given notice as prescribed under a regulation, without the council’s leave and without reasonable excuse; or (d) is convicted of an indictable offence; or (e) stops being an eligible person for the entity that nominated the person. ˙ Disqualification on conviction of indictable offence 19.(1) A person may not be appointed as a member if the person has been convicted of an indictable offence. (2) However, despite subsection (1) and section 18(3)(d), if the Minister considers it would be reasonable, having regard to the circumstances of the indictable offence of which a person has been convicted, the Minister may— (a) if the person was a member when convicted—give written notice to the chairperson and the person that the person is restored as a member, and may be subsequently reappointed, despite the conviction; or

s 20 15 s 20 Education (School Curriculum P-10) Act 1996 (b) otherwise—give written approval for the person to be appointed as a member despite the conviction. (3) On the day the chairperson receives a notice under subsection (2)(a)— (a) the person is restored as a member; and (b) if another person has been appointed to fill the vacancy, the other person’s appointment ends. (4) If a person is restored as a member under subsection (3), the person’s term of office as a member ends at the time it would have ended if the person had not been convicted of the offence. ˙ Filling vacancies 20.(1) This section applies if there is a vacancy in the office of an appointed member (the “previous member” ). (2) If the previous member was a member mentioned in section 16(2)(b) to (i), the Minister must, by written notice to the nominating entity of the previous member, ask the entity to nominate a person who is, for the entity, an eligible person for appointment to the vacancy. (3) If the nominating entity does not, within the time stated in the notice, nominate a person who is, for the entity, an eligible person— (a) the Minister may nominate someone who is, for the entity, an eligible person; and (b) the person nominated by the Minister is taken to have been nominated by the entity. (4) The Governor in Council’s appointment of a person to fill the vacancy may only be made after the person’s nomination by the nominating entity or the Minister. 6 (5) The term of the appointment must end not later than the end of the previous member’s term. 6 Under the ActsInterpretationAct1954 , section 25(1)(b), the Governor in Council’s power to appoint a member includes a power to appoint someone else if the member’s office becomes vacant.

s 21 16 s 23 Education (School Curriculum P-10) Act 1996 ˙ Leave of absence 21.(1) The Minister may approve a leave of absence for an appointed member (the “approved absent member” ). (2) The Minister may appoint someone else to act in the office of the approved absent member while the member is absent on the approved leave. (3) The person appointed to act in the office of the approved absent member need not be an eligible person for the nominating entity for which the approved absent member is an eligible person. (4) However, the Minister must have regard to the council’s membership requirements under section 16 when appointing someone to act in the office of the approved absent member. (5) A person is taken to be an appointed member during the term of the person’s appointment to act in the office of an approved absent member. (6) The Minister’s power to appoint a person to act in the office of an approved absent member does not limit the Governor in Council’s powers as stated in the Acts Interpretation Act 1954, section 25(1)(b)(v). 7 ˙ Remuneration 22. Each member of the council is entitled to be paid the fees and allowances that may be decided by the Governor in Council. ˙ Disclosure of interests by members of council, members of committees and director 23.(1) This section applies to a member of the council, a member of a committee or the director (the “interested person” ) if— (a) the interested person has a direct or indirect financial interest in an issue being considered, or about to be considered, by the council or the committee; and (b) the interest could conflict with the proper performance of the 7 Acts Interpretation Act 1954 , section 25(1)(b)(v), (Powers of appointment imply certain incidental powers)

s 24 17 s 24 Education (School Curriculum P-10) Act 1996 person’s duties about the consideration of the issue. (2) As soon as practicable after the relevant facts come to the interested person’s knowledge, the person must disclose the nature of the interest to a meeting of the council or the committee. (3) Unless the council or committee otherwise directs, the interested person must not— (a) be present when the council or committee considers the issue; or (b) take part in a decision of the council or committee about the issue. (4) The interested person must not be present when the council or committee is considering whether to give a direction under subsection (3). (5) If there is another person who must, under subsection (2), also disclose an interest in the issue, the other person must not— (a) be present when the council or committee is considering whether to give a direction under subsection (3); or (b) take part in making the decision about giving the direction. (6) If, because of this section, a member of the council or a committee is not present at a council or committee meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3), but there would be a quorum if the member were present, the remaining members present are a quorum of the council or committee for considering or deciding the issue at the meeting. (7) A disclosure under subsection (2) must be recorded in the council’s or committee’s minutes. Division 5—Council business ˙ Conduct of business 24.(1) The council may conduct its business, including its meetings, in the way it considers appropriate. (2) However, the council may only make decisions about how it will carry out its functions or exercise its powers if it does so at a council meeting at which a quorum is present.

s 25 18 s 26 Education (School Curriculum P-10) Act 1996 (3) This section is subject to this Act, including, for example, section 26(9). 8 ˙ Time and place of meetings 25.(1) Council meetings are to be held at the times and places it decides. (2) However, the council must meet at least 6 times a year. (3) The chairperson— (a) may call a meeting at any time; and (b) must call a meeting if asked, in writing, to do so by at least two- thirds of the members or the Minister. ˙ Conduct of meetings 26.(1) The chairperson of the council is to preside at all council meetings at which the chairperson is present. (2) If the chairperson is absent, the deputy chairperson of the council is to preside. (3) If the chairperson and deputy chairperson are absent, another member chosen by the members present is to preside. (4) A question at a meeting is decided by a majority of the votes of the members present. (5) Each member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding has a casting vote. (6) A member present at the meeting who abstains from voting is taken to have voted for the negative. (7) The council may hold meetings, or permit members to take part in meetings, by telephone, closed circuit television or another form of communication. (8) A member who takes part in a meeting under a permission under subsection (7) is taken to be present at the meeting. 8 Section 26 (Conduct of meetings)

s 27 19 s 29 Education (School Curriculum P-10) Act 1996 (9) A resolution is validly made by the council, even if it is not passed at a council meeting, if— (a) at least half the members give written agreement to the resolution; and (b) notice of the resolution is given under procedures approved by the council. ˙ Attendance by proxy 27.(1) An appointed member may attend a council meeting by proxy. (2) However, the appointed member may not— (a) appoint a member of the office’s staff as the proxyholder; or (b) attend more than 2 meetings each year by proxy. (3) Also, the chief executive’s nominee may attend a council meeting by proxy. (4) A member is not entitled to preside at a meeting merely because the member is the proxyholder for another member who, if present, would be entitled to preside. (5) In subsection (2)(b)— “year” means a period of 12 months starting on the first day of the term of office of the member concerned or an anniversary of that day. ˙ Attendance of director at meetings 28.(1) The director may attend council meetings. (2) The director may speak at a meeting but is not entitled to vote. Division 6—Committees ˙ Executive committee 29.(1) There is an executive committee of the council. (2) The members of the executive committee are as follows—

s 30 20 s 32 Education (School Curriculum P-10) Act 1996 (a) the chairperson of the council; (b) the chief executive; (c) the appointed members mentioned in section 16(2)(c), (d) and (e). (3) The executive committee must perform functions referred to the committee by the council and report to the council as it requires. ˙ Syllabus advisory committees 30.(1) To the extent the council considers it necessary or convenient for effectively and efficiently performing its functions in relation to P-10 syllabuses, the council may establish syllabus advisory committees. (2) The council may appoint persons to be members of the syllabus advisory committees, subject to any requirements prescribed under a regulation. (3) The function of a syllabus advisory committee is to make recommendations to the council about— (a) particular subjects for which it is established; and (b) any other matters referred to it by the council. ˙ Other committees 31.(1 ) The council may establish other committees for effectively and efficiently performing its functions. (2) The council may appoint persons to be members of the committees. (3) The function of each other committee is to make recommendations to the council about matters referred by the council to the committee. ˙ Remuneration and other matters 32.(1) Each member of a committee is entitled to be paid the fees and allowances that may be decided by the Governor in Council. (2) The council may decide matters about a committee that are not provided for under this Act, including, for example, the way a committee must conduct meetings.

s 32A 21 Education (School Curriculum P-10) Act 1996 s 33 Division 6A—Chief executive’s nominee ˙ Chief executive may appoint nominee 32A.(1) The chief executive may, in writing, appoint a person (the “chief executive’s nominee” ) to attend council meetings or executive committee meetings for the chief executive during any period, or during all periods, when the chief executive can not attend for any reason. (2) When appointing a person to attend council meetings or executive committee meetings, the chief executive must, if practicable, appoint a person who has previously attended the meetings as the chief executive’s nominee. (3) The chief executive’s nominee must be an appropriately qualified public service officer employed in the department. (4) The chief executive must give the chairperson of the council written notice of— (a) the appointment of a person under subsection (1); and (b) if the instrument of appointment of the person is amended or repealed—the amendment or repeal. (5) In this section— “appropriately qualified” means having qualifications, experience or standing appropriate to exercise the power. Example of ‘standing’— A person’s classification level in the public service. Division 7—Administrative provisions ˙ Application of financial legislation 33. The council is a statutory body under the following Acts— • Financial Administration and Audit Act 1977 • Statutory Bodies Financial Arrangements Act 1982 .

s 34 22 s 37 Education (School Curriculum P-10) Act 1996 ˙ Budget 34.(1) For each financial year, the council must develop, adopt and submit to the Minister a budget not later than the day the Minister directs. (2) A budget has no effect until approved by the Minister. (3) During a financial year the council may develop, adopt and submit to the Minister amendments to its budget. (4) An amendment has no effect until approved by the Minister. ˙ Compliance with budget 35.(1) The council must comply with its budget. (2) If the council makes a disbursement in a financial year that is not provided for in its budget for the financial year, the members who knowingly agreed to the disbursement are jointly and severally liable to repay the amount of the disbursement to the council. (3) The amount may be recovered in a court of competent jurisdiction, as a debt payable to the council, by a person appointed in writing by the Minister for the purpose. PART 3—OFFICE OF THE QUEENSLAND SCHOOL CURRICULUM COUNCIL ˙ Office of the Queensland School Curriculum Council 36. The Office of the Queensland School Curriculum Council is established. ˙ Office’s function and powers 37.(1) The office’s function is to assist the council. (2) The office has power to do anything necessary or convenient in relation to its function.

s 38 23 s 41 Education (School Curriculum P-10) Act 1996 ˙ Director and staff of the office 38.(1) The office consists of the director and other staff of the office. (2) The director and other staff are to be appointed under the PublicService Act 1996 . ˙ Control of the office 39.(1) The director is to control the office. (2) The director has all the functions and powers of the chief executive of a department, so far as the functions and powers relate to the organisational unit comprising the staff of the office. PART 4—MISCELLANEOUS ˙ Delegations 40.(1) The Minister may delegate the Minister’s powers under this Act, other than under section 15, 9 to an appropriately qualified person. (2) In this section— “appropriately qualified person” means a person with the qualifications, experience or standing appropriate to exercise the power. Example of standing— A person’s classification level in the public service. ˙ Administrative support for council and office 41.(1) The council may make arrangements for administrative support services for the council and the office. (2) If the council makes arrangements with the chief executive for the department to provide 1 or more services for the council or the office, the 9 Section 15 (Minister’s power to give directions in the public interest)

s 42 24 s 42 Education (School Curriculum P-10) Act 1996 arrangement must include a provision about the council paying the department a reasonable amount for the service. ˙ Regulation-making power 42.(1) The Governor in Council may make regulations under this Act. (2) A regulation may make provision about any of the following matters— (a) the way the council carries out its functions or exercises its powers; (b) council meetings, including— (i) notice of meetings; and (ii) the number of members required to constitute a quorum; and (iii) meeting procedures; (c) committees including, for example, the membership of syllabus advisory committees; (d) financial matters, including the council’s budget and its keeping of an account with a financial institution. PART 5—TRANSITIONAL 10 Division 4—Syllabuses Syllabuses previously approved or maintained 50.(1) On the commencement of this section, the following syllabuses are taken to be approved syllabuses— (a) the syllabuses for years 1 to 7 approved by the chief executive for 10 Part 5 has expired and division 4 (s 50) is included in this reprint for informational purposes only.

25 Education (School Curriculum P-10) Act 1996 the subjects stated in schedule 1, section 1; (b) the syllabuses for years 8 to 10 approved by the chief executive for the subjects stated in schedule 1, section 2; (c) the syllabuses for years 8 to 10 for the subjects stated in schedule 1, section 3— (i) approved by the Board of Secondary School Studies; and (ii) maintained by the Board of Senior Secondary School Studies immediately before the commencement of the EducationLegislation Amendment Act 1995. (2) A syllabus mentioned in subsection (1) that relates to years 1 to 10 is taken to be approved— (a) for years 1 to 7, so far as it relates to those years; and (b) for years 8 to 10, so far as it relates to those years.

26 Education (School Curriculum P-10) Act 1996 ¡ SCHEDULE 1 CURRENT APPROVED SYLLABUSES section 50 ˙ Primary syllabuses 1. The following are the subjects for which, under section 50(1)(a), syllabuses for years 1 to 7 are taken to be approved syllabuses— • art • English for years 1 to 10 • health and physical education • health education • mathematics for years 1 to 10 • music • science • social studies. ˙ Secondary syllabuses 2. The following are the subjects for which, under section 50(1)(b), syllabuses for years 8 to 10 are taken to be approved syllabuses— • English for years 1 to 10 • mathematics for years 1 to 10. ˙ Secondary syllabuses—maintained by Board of Senior Secondary School Studies 3. The following are the subjects for which, under section 50(1)(c), syllabuses for years 8 to 10 are taken to be approved syllabuses— • advanced mathematics

27 Education (School Curriculum P-10) Act 1996 SCHEDULE 1 (continued) • agricultural mechanics • agricultural science • agriculture • animal husbandry • art • business principles and practice • Chinese • citizenship education • commercial studies • English • French • general mathematics • general shop A • general shop B • geography • German • graphics • health and physical education • history • home economics • Indonesian/Malaysian • Italian • Japanese • Latin • mathematics • modern Greek

28 Education (School Curriculum P-10) Act 1996 SCHEDULE 1 (continued) • music • ordinary mathematics • science • shorthand • social science • social studies • Spanish • speech and drama • study of society • typewriting.

29 Education (School Curriculum P-10) Act 1996 ¡ SCHEDULE 3 DICTIONARY section 4 “appointed members” see section 16. “approved syllabus” means— (a) a guideline developed by the council for the preschool year; or (b) a syllabus developed by the council for a subject for a year from 1 to 10. “approved test” see section 13. “board” means the Board of Senior Secondary School Studies established under the Education (Senior Secondary School Studies) Act 1988 . “chief executive’s nominee” see section 32A(1). “committee” means— (a) the executive committee; or (b) a committee established by the council under section 30 or 31. 11 “convicted” means found guilty, or having a plea of guilty accepted, in a court, whether or not a conviction was recorded. “council” means the Queensland School Curriculum Council (P-10). “director” means the director of the office. “eligible person” , for a nominating entity, means a person whom the entity may nominate for membership of the council as stated in section 16(2). “Higher Education Forum” means the committee of that name established under the Education (General Provisions) Act 1989 . 11 Section 30 (Syllabus advisory committees) or section 31 (Other committees)

30 Education (School Curriculum P-10) Act 1996 SCHEDULE 3 (continued) “initial in-service materials” means materials to facilitate the initial implementation of an approved syllabus. “materials” includes documents. “nominating entity” means an entity that, under section 16(2)(b) to (i), may nominate a person to be a member of the council. “office” means the Office of the Queensland School Curriculum Council. “P-10 syllabuses” means either or both of the following— (a) guidelines for the preschool year; (b) the syllabuses for the subjects in years 1 to 10. “P-12 syllabuses” means either or both of the following— (a) guidelines for the preschool year; (b) the syllabuses for the subjects in years 1 to 12. “practising teacher” means a person who— (a) is registered as a teacher under the Education(TeacherRegistration) Act 1988 ; and (b) is a member of the educational staff of a State educational institution or another school. “source books” means materials to facilitate the on-going implementation of an approved syllabus. “State educational institution” see Education(GeneralProvisions)Act1989 , section 3. “strategic plan” means the plan mentioned in section 10 as revised from time to time. “syllabus” includes criteria for levels of student achievement for the subjects included in the syllabus. “systemic information” , about the performance of students in a test, does not include information about the performance of individual students in the test.

31 Education (School Curriculum P-10) Act 1996 SCHEDULE 3 (continued) “test” includes a diagnostic measure. “Vocational Education Minister” means the Minister administering the Training and Employment Act 2000 .

32 Education (School Curriculum P-10) Act 1996 ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the ReprintsAct1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 11 October 2000. Future amendments of the Education (School Curriculum P- 10) Act 1996 may be made in accordance with this reprint under the ReprintsAct1992, section 49.

33 Education (School Curriculum P-10) Act 1996 3 ´ AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev = = = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended amendment chapter definition division expires/expired gazette heading inserted lapsed notified order in council omitted original page paragraph preceding present previous (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SIR = = = = = = = = = = = = = = = SL = sub = unnum = previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 Statutory InstrumentsRegulation 1992 subordinate legislation substituted unnumbered ´ 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes a roman letter, the reprint was released in unauthorised, electronic form only.] Reprint No. Amendments included Reprint date 1 none 3 March 1997 1A to Act No. 83 of 1997 17 July 1998 1B to Act No. 81 of 1999 17 January 2000 ´ 5 List of legislation Education (School Curriculum P-10) Act 1996 No. 65 date of assent 9 December 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 February 1997 (1997 SL No. 5) as amended by—

34 Education (School Curriculum P-10) Act 1996 Education and Other Legislation Amendment Act 1997 No. 83 pts 1, 7 date of assent 5 December 1997 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 1998 (1997 SL No. 464) Education and Other Legislation Amendment Act 1999 No. 81 pts 1, 5 date of assent 14 December 1999 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2000 (see s 2) Training and Employment Act 2000 No. 23 ss 1, 2(3), 293 sch 2 date of assent 27 June 2000 ss 1–2 commenced on date of assent remaining provisions commenced 28 September 2000 (2000 SL No. 248) ´ 6 List of annotations Membership of council s 16 amd 1997 No. 83 s 46A; 2000 No. 23 s 293 sch 2 Attendance by proxy prov hdg sub 1999 No. 81 s 36(1) s 27 amd 1999 No. 81 s 36(2)–(4) Division 6A—Chief executive’s nominee div hdg ins 1999 No. 81 s 37 Chief executive may appoint nominee s 32A ins 1999 No. 81 s 37 Control of the office s 39 amd 1997 No. 83 s 47 PART 5—TRANSITIONAL pt hdg exp 31 December 1997 (see s 51) Division 1—Preliminary div 1 (s 43) exp 31 December 1997 (see s 51) Division 2—Council div 2 (ss 44–46) exp 31 December 1997 (see s 51) Division 3—Office div hdg exp 31 December 1997 (see s 51) Dissolution of former office s 47 exp 31 December 1997 (see s 51) Staff of the office s 48 exp 31 December 1997 (see s 51) Repeal s 49 om R1 (see RA s 40)

35 Education (School Curriculum P-10) Act 1996 Division 4—Syllabuses div 4 (s 50) exp 31 December 1997 (see s 51) Division 5—Expiry div 5 (s 51) exp 31 December 1997 (see s 51) PART 6—AMENDMENTS pt 6 (s 52) om R1 (see RA s 40) SCHEDULE 2—AMENDMENTS om R1 (see RA s 40) SCHEDULE 3—DICTIONARY def “chief executive’s nominee” ins 1999 No. 81 s 38 def “Vocational Education Minister” amd 2000 No. 23 s 293 sch 2 © State of Queensland 2000