Education Standards Authority Regulation 2013 (NSW)

1Name of Regulation

This Regulation is the Education Standards Authority Regulation 2013.

2Commencement

This Regulation commences on 1 January 2014 and is required to be published on the NSW legislation website.

3Definitions

In this Regulation:

the Act means the Education Standards Authority Act 2013.

4Delegation of Authority’s functions

For the purposes of paragraph (f) of the definition of authorised person or body in section 12B (2) of the Act, the following are prescribed:

• (a)

  principals (however described) of schools in the State and schools outside the State that are recognised by the Authority,

• (b)

  directors (or equivalent) of TAFE establishments or NVR registered training organisations within the meaning of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth,

• (c)

  chief executive officers (or equivalent) of approved providers within the meaning of section 83A of the Education Act 1990,

• (d)

  persons employed in the Department of Education,

• (e)

  members of staff of a non-government schools authority within the meaning of section 26A of the Education Act 1990,

• (f)

  members of staff of a teacher accreditation authority approved by the Minister under section 4 (4) of the Teacher Accreditation Act 2004,

• (g)

  members of staff of a teacher accreditation authority approved by the Authority under section 4 (5A) of the Teacher Accreditation Act 2004.

5Exchange of information

For the purposes of paragraph (e) of the definition of relevant agency in section 16 (5) of the Act, the following are prescribed:

• (a)

  any person or body responsible for registering or accrediting teachers under the law of a jurisdiction outside Australia,

• (b)

  the Australasian Teacher Regulatory Authorities,

• (c)

  the Australian Institute for Teaching and School Leadership Limited,

• (d)

  the Office of the Children’s Guardian,

• (e)

  Catholic Schools NSW Limited,

• (f)

  the Association of Independent Schools of NSW,

• (g)

  Education Services Australia Limited.

6

(Repealed)

7Transitional provisions(1)

Any delegation of a function by the Board of Studies under section 119 of the Education Act 1990 or by the NSW Institute of Teachers under section 7 (4) of the Institute of Teachers Act 2004 and in force immediately before 1 January 2014 is taken to be a delegation of a comparable function under the education and teaching legislation by the Board under section 12 of the Act.

(2)

Any rules made by the Board of Studies under section 131 of the Education Act 1990 and in force immediately before 1 January 2014 are taken to be rules made by the Board under section 25 of the Act.

(3)

A reference to the President of the former Board in any instrument of delegation by the Minister or the former Board in force immediately before 1 January 2017 is taken to be a reference to the Chief Executive Officer of the Authority.

(4)

In subclause (3), former Board means the Board of Studies, Teaching and Educational Standards as constituted under the Act immediately before the substitution of Part 2 of the Act by the Education and Teaching Legislation Amendment Act 2016.

Schedule 1Penalty notice offences

For the purposes of section 23 of the Act:

• (a)

  each offence specified in this Schedule is an offence for which a penalty notice may be issued, and

• (b)

  the amount payable under any such penalty notice is the amount specified in this Schedule for the offence.

Column 1	Column 2
Provision	Penalty
Offences under the Act
Section 14 (3)	$100
Offences under the Education Act 1990
Section 57A (4)	$200
Section 65	$200
Section 83R	$2,000
Section 87A (5)	$200
Offences under the Teacher Accreditation Act 2004
Section 26 (2)	$500
Section 28	$1,000
Section 42B	$500