Youth Participation in Education and Training and Another Act Amendment Act 2005 (Qld)

Queensland Youth Participation in Education and Training and Another Act Amendment Act 2005 Act No. 65 of 2005

Queensland Youth Participation in Education and Training and Another Act Amendment Act 2005 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of Youth Participation in Education andTraining Act 2003 Act amended in pt 2 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 4 Replacement of s 40 (How an account is opened). . . . . . . . . . . . 4 40 How an account is opened . . . . . . . . . . . . . . . . . . . . . 4 40A Young person’s telephone number . . . . . . . . . . . . . . . 5 Replacement of s 42 (Obligation to notify enrolment) . . . . . . . . . 5 42 Obligation to notify information . . . . . . . . . . . . . . . . . . 5 Amendment of s 43 (Obligation to open an account) . . . . . . . . . . 6 Insertion of new s 43A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 43A Young person’s telephone number . . . . . . . . . . . . . . . 7 Amendment of s 44 (Obligation to notify other matters) . . . . . . . . 7 Amendment of s 46 (Use and disclosure by the QSA) . . . . . . . . . 8 Insertion of new s 48A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 48A Closing of account . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Amendment of s 58 (Consultation about proposed regulations) . 9 Amendment of s 59 (Aggregated information) . . . . . . . . . . . . . . . 9 Amendment of s 60 (Transitional). . . . . . . . . . . . . . . . . . . . . . . . . 10 Amendment of s 61 (Confidentiality) . . . . . . . . . . . . . . . . . . . . . . 10 Replacement of s 91 (Insertion of new s 166E of Act No. 30 of 1989) ......................................... 10 91 Insertion of new s 166E . . . . . . . . . . . . . . . . . . . . . . . 10

2 Youth Participation in Education and Training and Another Act Amendment Act 2005 No. 65, 2005 16 17 18 19 Part 3 20 21 22 23 24 Schedule Amendment of s 98 (Insertion of new s 18A of Act No. 1 of 2002) Replacement of s 102 (Amendment of s 7 (Definitions) of Act No. 42 of 1992). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Amendment of s 11 (Act not to apply to certain bodies etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of s 103 (Amendment of s 11 (Act not to apply to certain bodies etc.) of Act No. 42 of 1992) . . . . . . . . . . . . . . . . . . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Education(GeneralProvisions)Act1989 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 2 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 24 (Instruction to be free) . . . . . . . . . . . . . . . . . Insertion of new s 24A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24A Fee for distance education provided by a State school .............................. Amendment of s 152 (Regulation-making power) . . . . . . . . . . . . Other amendments of the Youth Participation in Education and Training Act 2003 11 11 11 12 12 12 12 12 13 13 13

Queensland Youth Participation in Education and Training and Another Act Amendment Act 2005 Act No. 65 of 2005 An Act to amend the Youth Participation in Education andTraining Act 2003 and the Education (General Provisions) Act1989 [Assented to 28 November 2005]

s1 4 s4 Youth Participation in Education and Training and No. 65, 2005 Another Act Amendment Act 2005 The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Youth Participation in Education and Training and Another Act Amendment Act 2005 . 2 Commencement Sections 22 and 23 commence on a day to be fixed by proclamation. Part 2 Amendment of Youth Participation in Education and Training Act 2003 3 Act amended in pt 2 and schedule This part and the schedule amend the Youth Participation inEducation and Training Act 2003. 4 Replacement of s 40 (How an account is opened) Section 40— omit , insert — ‘40 How an account is opened ‘A student account is opened for a young person by giving notice to the QSA of the following information— (a) the person’s name and any previous names of the person;

s5 5 s5 Youth Participation in Education and Training and No. 65, 2005 Another Act Amendment Act 2005 (b) the person’s address; (c) the person’s date of birth; (d) the person’s sex; (e) whether the person is an Aborigine or Torres Strait Islander; (f) whether the person is a person from a non-English speaking background; (g) the eligible option in which the person proposes to participate when the person starts the compulsory participation phase; (h) whether the person’s participation in the eligible option will be full-time; (i) other information prescribed under a regulation. ‘40A Young person’s telephone number ‘(1) Subsection (2) applies if a student account is opened for a young person under section 40. ‘(2) The person opening the account may, when opening the account, give notice to the QSA of the young person’s telephone number if the young person has consented to the giving of the notice. ‘(3) The QSA must, as soon as practicable after receiving information under subsection (2), record the information in the account.’. 5 Replacement of s 42 (Obligation to notify enrolment) Section 42— omit , insert — ‘42 Obligation to notify information ‘If a young person in the student account phase enrols in a program or course with a provider, the provider must give notice to the QSA of the following information—

s6 6 s6 Youth Participation in Education and Training and No. 65, 2005 Another Act Amendment Act 2005 (a) the person’s name and any previous names of the person; (b) the person’s address; (c) the person’s date of birth; (d) the eligible option in which the person is participating, or proposes to participate, by the enrolment in the program or course; (e) the components of the eligible option being undertaken, or proposed to be undertaken, by the person; (f) the date of enrolment in the program or course; (g) the date the person started, or proposes to start, to comply with the provider’s attendance requirements for the program or course; (h) whether the person’s participation in the eligible option is, or will be, full-time; (i) the name, and type, of the provider.’. 6 Amendment of s 43 (Obligation to open an account) Section 43(3)— omit, insert— ‘(3) On receiving the request, the provider must open a student account for the young person by giving notice to the QSA of the following information relating to the person— (a) the information mentioned in section 40(a) to (f) and (i); (b) the eligible option of the provider in which the person is participating or proposes to participate; (c) whether the person’s participation in the eligible option is, or will be, full-time; (d) any other eligible options in which the person is participating, or has participated, since starting the compulsory participation phase of which the provider is aware.’.

s7 7 s8 Youth Participation in Education and Training and No. 65, 2005 Another Act Amendment Act 2005 7 Insertion of new s 43A After section 43— insert— ‘43A Young person’s telephone number ‘(1) Subsection (2) applies if a student account is opened for a young person under section 43(3). ‘(2) The provider opening the account may, when opening the account, give notice to the QSA of the young person’s telephone number if the young person has consented to the giving of the notice. ‘(3) The QSA must, as soon as practicable after receiving information under subsection (2), record the information in the account.’. 8 Amendment of s 44 (Obligation to notify other matters) (1) Section 44(2)— omit, insert— ‘(2) The provider must give notice to the QSA, at the times prescribed under a regulation, of the following matters— (a) if the provider is aware that information, previously notified to the QSA under this part, has changed or is incorrect—the new or correct information; (b) if the person stops being enrolled with the provider—the date the person stopped being enrolled with the provider; (c) if the person dies and the provider is aware of the death—the death. Note — The provider is also required to give the QSA certain information about the person’s results. See the QSA Act, section 18A.’. (2) Section 44(3), ‘40(e)’— omit, insert— ‘40(g)’.

s9 8 s9 Youth Participation in Education and Training and No. 65, 2005 Another Act Amendment Act 2005 9 Amendment of s 46 (Use and disclosure by the QSA) (1) Section 46(5), from ‘young’— omit, insert— ‘stated young person or all young persons who, according to the person’s student account or the persons’ student accounts— (a) is or are in the compulsory participation phase; and (b) has or have stopped being enrolled with a provider; and (c) after a period of at least 3 months, has or have not re-enrolled with a provider.’. (2) Section 46(6)— renumber as section 46(7). (3) Section 46— insert — ‘(6) If there is a student account for a person, the QSA must give the person access to the information recorded in the account.’. (4) Section 46(7), as renumbered, definition prescribed information — omit, insert— ‘ prescribed information , about a young person mentioned in subsection (5), means the following information recorded in the person’s student account— (a) name and any previous names; (b) address and telephone number; (c) date of birth; (d) the date the person stopped being enrolled with the provider; (e) any eligible option in which the person is participating and the components of the eligible option being undertaken by the person; (f) the name, and type, of the provider for an eligible option mentioned in paragraph (e);

s 10 9 s 12 Youth Participation in Education and Training and No. 65, 2005 Another Act Amendment Act 2005 (g) any eligible option in which the person was participating immediately before the person stopped being enrolled with the provider and the components of the eligible option that were being undertaken by the person; (h) the name, and type, of the provider for an eligible option mentioned in paragraph (g).’. 10 Insertion of new s 48A Before part 5— insert— ‘48A Closing of account ‘(1) This section applies if— (a) there is open a student account for a young person; and (b) the person dies. ‘(2) The QSA must, as soon as practicable after becoming aware of the death, close the account.’. 11 Amendment of s 58 (Consultation about proposed regulations) Section 58, ‘40(d)’— omit, insert— ‘ 40(i)’. 12 Amendment of s 59 (Aggregated information) Section 59(2), definition aggregated information , ‘46(6)’— omit, insert— ‘46(7)’.

s 13 10 s 15 Youth Participation in Education and Training and No. 65, 2005 Another Act Amendment Act 2005 13 Amendment of s 60 (Transitional) Section 60, ‘stopped being of compulsory school age’— omit, insert— ‘turned 15 years or completed year 10’. 14 Amendment of s 61 (Confidentiality) Section 61(2), from ‘, disclose’ to ‘access to’— omit, insert— ‘or disclose’. 15 Replacement of s 91 (Insertion of new s 166E of Act No. 30 of 1989 ) Section 91— omit , insert — ‘91 Insertion of new s 166E Part 11, division 4, after section 166D— insert — ‘166E Compulsory school age ‘(1) Despite section 4A(1), a person who was at least 15 years on 31 December 2005 is not of compulsory school age. ‘(2) Subsection (3) applies to a person who— (a) was less than 15 years on 31 December 2005; and (b) had completed year 10 before 1 January 2006. ‘(3) Despite section 4A(2), the person— (a) is of compulsory school age while the person is less than 15 years; and (b) is no longer of compulsory school age on turning 15 years.’.’.

s 16 11 s 17 Youth Participation in Education and Training and No. 65, 2005 Another Act Amendment Act 2005 16 Amendment of s 98 (Insertion of new s 18A of Act No. 1 of 2002 ) (1) Section 98, heading, ‘s 18A’— omit , insert — ‘ss 18A and 18B’. (2) Section 98, after inserted section 18A— insert— ‘18B Information about results to be recorded in student account ‘(1) This section applies if— (a) there is open a student account for a young person under the YouthParticipationinEducationandTrainingAct2003 , part 4; and (b) the authority receives information about the person under section 18A. ‘(2) The authority must, as soon as practicable after receiving the information, record the information in the account.’.’. 17 Replacement of s 102 (Amendment of s 7 (Definitions) of Act No. 42 of 1992 ) Section 102— omit, insert— ‘102 Amendment of s 11 (Act not to apply to certain bodies etc.) ‘(1) Section 11(1)(y)— insert — ‘(viii)aggregated information as defined under the YouthParticipation in Education and Training Act 2003 , section 46(7).’. ‘(2) Section 11(4), definition education agencies — insert — ‘(c) the department in which the YouthParticipationinEducation and Training Act 2003 is administered . ’.’.

s 18 12 s 22 Youth Participation in Education and Training and No. 65, 2005 Another Act Amendment Act 2005 18 Omission of s 103 (Amendment of s 11 (Act not to apply to certain bodies etc.) of Act No. 42 of 1992 ) Section 103— omit . 19 Amendment of sch 2 (Dictionary) Schedule 2, definition registered teacher — omit, insert— ‘ registered teacher see the Education (Queensland College ofTeachers) Act 2005 , schedule 3.’. Part 3 Amendment of Education (General Provisions) Act 1989 20 Act amended in pt 3 This part amends the Education(GeneralProvisions)Act1989 . 21 Amendment of s 2 (Interpretation) Section 2(1), definition school of distance education , paragraph (a)— omit, insert— ‘(a) a State school providing distance education; or’. 22 Amendment of s 24 (Instruction to be free) Section 24— insert — ‘(2) This section applies subject to section 24A.’.

s 23 13 s 24 Youth Participation in Education and Training and No. 65, 2005 Another Act Amendment Act 2005 23 Insertion of new s 24A After section 24— insert— ‘24A Fee for distance education provided by a State school ‘(1) This section applies to a person enrolled in a program of distance education at a State school. ‘(2) The fee prescribed under a regulation must be paid for the provision of distance education to the person under the program. ‘(3) Despite subsection (2), the fee is not payable in the circumstances prescribed under a regulation.’. 24 Amendment of s 152 (Regulation-making power) Section 152(2)(a), after ‘the fees are payable,’— insert— ‘the refunding of fees’.

14 Youth Participation in Education and Training and Another Act Amendment Act 2005 No. 65, 2005 Schedule Other amendments of the Youth Participation inEducation and Training Act2003 section 3 1 Section 17(2)— omit, insert — ‘(2) Subsection (1) does not apply to suspension from a State educational institution under the EGP Act if the person has been placed in an alternative education program under section 30 of that Act. Note — Section 14(1) and (3)(b) provide for how the person participates in the alternative education program.’. 2 Schedule 2, definition external program , paragraph (a), ‘educational’— omit, insert — ‘education’. © State of Queensland 2005