Education Standards Authority Regulation 2019 (NSW)

Education Standards Authority Regulation 2019

[2019-360]

Status information

Currency of version
Current version for 2 August 2019 to date (accessed 3 August 2019 at 07:56)
Legislation on this site is usually updated within 3 working days after a change to the legislation.

Provisions in force
None of the provisions displayed in this version of the legislation have commenced. See Historical Notes

Staged repeal status
This legislation is currently due to be automatically repealed under the Subordinate Legislation Act 1989 on 1 September 2024

Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987.

File last modified 2 August 2019.

Education Standards Authority Regulation 2019

[2019-360]

Contents

Education Standards Authority Regulation 2019

1   Name of Regulation

This Regulation is the Education Standards Authority Regulation 2019.

2   Commencement

This Regulation commences on 1 September 2019 and is required to be published on the NSW legislation website.

Note.

 This Regulation replaces the Education Standards Authority Regulation 2013, which is repealed on 1 September 2019 by section 10 (2) of the Subordinate Legislation Act 1989.

3   Definition

(1)  In this Regulation—

the Act means the Education Standards Authority Act 2013.

Note.

 The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2)  Notes included in this Regulation do not form part of this Regulation.

4   Delegation 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 within the meaning of the Technical and Further Education Commission Act 1990 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 83M 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) ECEC executives within the meaning of section 3 of the Teacher Accreditation Act 2004,

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

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

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

(b)  the Association of Independent Schools of NSW,

(c)  the Australasian Teacher Regulatory Authorities,

(d)  the Australian Institute for Teaching and School Leadership Limited,

(e)  Catholic Schools NSW Limited,

(f)  Education Services Australia Limited,

(g)  the Office of the Children’s Guardian,

(h) a non-government school within the meaning of section 3 of the Education Act 1990,

(i) an ECEC executive within the meaning of section 3 of the Teacher Accreditation Act 2004.

6   Savings

Any Act, matter or thing that, immediately before the repeal of the Education Standards Authority Regulation 2013, had effect under that Regulation continues to have effect under this Regulation.

Schedule 1 Penalty 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 the penalty notice is the amount specified in this Schedule for the offence.

Column 1	Column 2
Provision	Penalty
Offences under the Education Act 1990
Section 57A (4)	$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

Historical notes

The following abbreviations are used in the Historical notes:

Am	amended	LW	legislation website	Sch	Schedule
Cl	clause	No	number	Schs	Schedules
Cll	clauses	p	page	Sec	section
Div	Division	pp	pages	Secs	sections
Divs	Divisions	Reg	Regulation	Subdiv	Subdivision
GG	Government Gazette	Regs	Regulations	Subdivs	Subdivisions
Ins	inserted	Rep	repealed	Subst	substituted

Table of amending instruments

Education Standards Authority Regulation 2019 (360). LW 2.8.2019. Date of commencement, 1.9.2019, cl 2.