Grammar Schools Act 1975 (Qld)

Grammar Schools Act 1975

An Act to consolidate and amend the law relating to grammar schools and for related purposes

Part 1    Preliminary

1   Short title

This Act may be cited as the Grammar Schools Act 1975 .

2   Definitions

The dictionary in the schedule defines particular words used in this Act.

4   Act binds all persons

(1)This Act binds all persons including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.

(2) Subsection (1) does not make the State, the Commonwealth or another State liable to be prosecuted for an offence.

5   Purpose and explanation

(1)The purpose of this Act is to maintain public confidence in grammar schools.

(2)To achieve the purpose, this Act regulates the establishment and governance of grammar schools.

(3)The matters mentioned in subsection (2) are also regulated under other legislation including, in particular, the accreditation Act.

Note—

A grammar school is a non-State school under the accreditation Act.

Part 1A    Establishment of grammar schools

6   Establishment generally

(1)A grammar school may be established—

(a)with the Minister’s approval under section 6A; or

(b)on the Minister’s initiative under section 6B.

(2)An existing non-grammar school may be established as a grammar school under this part.

(3)A school established under this part is not a grammar school unless or until its name is included in a regulation under section 49.

6A   Establishment with Minister’s approval

(1)An entity may apply to the Minister for approval to establish a grammar school.

(2)The application must include details of the proposed school.

(3)The Minister may ask the applicant for further information or documents the Minister reasonably requires to decide whether to give the approval.

(4)The Minister may give the approval only if satisfied—

(a)there is a demonstrated need for a grammar school in the proposed location; and

(b)there is enough community support for a grammar school in the proposed location; and

(c)the approval would be appropriate, having regard to the likely financial implications for the State of the proposed school’s establishment and ongoing operation; and

(d)the proposed school will not require financial support from the State for its establishment or ongoing operation in excess of that given to other grammar schools at comparable stages of development; and

(e)establishment of the school is compatible with announced government policy about education; and

(f)the persons proposing to establish the school have a sufficient understanding of the way the governance of a grammar school is regulated by this Act, the Financial Accountability Act 2009 and other laws.

Note—

Under paragraphs (a) and (b), the Minister must be satisfied of the need and support for a grammar school as opposed to another type of non-State school.

6B   Establishment on Minister’s initiative

(1)The Minister may establish a grammar school.

(2)The Minister must first publish a notice in a newspaper circulating in the area in which it…