Explanatory Statement

Australian Education (Consequential and Transitional Provisions) (School Improvement Framework and Plans) Specification 2015

Summary

The Australian Education (Consequential and Transitional Provisions) (School Improvement Framework and Plans) Specification 2015 (the Specification) is made by the Minister for Education and Training under subclause 9(2) of Schedule 2 to the Australian Education (Consequential and Transitional Provisions) Act 2013 (the Transitional Act).

The purpose of the Specification is to extend the date by which an approved authority must have a school improvement framework, and school improvement plan or plans, until 1 January 2017.

Background

The Transitional Act provides for and deals with consequential and transitional matters in connection with the Australian Education Act 2013. One such matter is to set the date on and from which an approved authority must have a school improvement framework in accordance with subparagraph 77(2)(d)(i) of the Australian Education Act 2013; and a school improvement plan or plans in accordance with subparagraph 77(2)(d)(ii) of the Australian Education Act 2013.

Subclause 9(2) of Schedule 2 to the Transitional Act provides that an approved authority must have a school improvement framework and school improvement plan in place by 1 January 2016, or such later date as specified by the Minister by legislative instrument.

Consultation

The Australian Government has previously consulted with government and non-government school stakeholders on the command and control elements of the Australian Education Act 2013. These consultations, which involved a submission process (2014) and face-to-face meetings (2014 and early 2015), clearly identified school improvement framework and plan requirements as an example of the more onerous of the command and control features of the Australian Education Act 2013. These stakeholders also raised concerns about the potential for this requirement to be counterproductive by overriding existing school improvement processes in schools, hence the Australian Government has agreed to delay the commencement of these requirements until 1 January 2017 to provide further regulatory certainty to schools.

Regulatory Impact Statement

The Office of Best Practice Regulation (OBPR) has confirmed this Specification does not require a Regulatory Impact Statement (RIS) (OBPR ID 19357).

Authority

This Specification is made under subclause 9(2) of Schedule 2 to the Transitional Act.

Explanation of Provisions

Sections 1 and 2

Sections 1 and 2 of the Specification are formal provisions setting out the name and date of commencement of the Specification.

Section 3

Section 3 of the Specification provides the definition of the Australian Education (Consequential and Transitional Provisions) Act 2013 for the purposes of the Specification.

Section 4

Section 4 of the Specification extends the date by which an approved authority must have a school improvement framework, and school improvement plan or plans, that meet mandated Australian Government criteria until 1 January 2017. This will enable approved authorities and schools to continue to manage their improvement processes at the local level and will reduce duplication with existing State and Territory requirements relating to school improvement.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Australian Education (Consequential and Transitional Provisions) (School Improvement Framework and Plans) Specification 2015

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The purpose of this legislative instrument is to extend the date by which an approved authority must have a school improvement framework, and school improvement plan or plans, until 1 January 2017.

Human rights implications

This legislative instrument engages the following human right:

Right to Education

This legislative instrument engages the right to education, set out in Article 13 of the International Covenant on Economic, Social and Cultural Rights and the rights to education of school‑aged children with disability set out in Article 24 of the Convention on the Rights of Persons with Disability. The right to education recognises the important personal, societal, economic and intellectual benefits of education. It requires that education be available, safe, and appropriately resourced, dependent on the needs of the child.

This legislative instrument engages the right to education by enabling approved authorities and schools to continue to manage their improvement processes at the local level, and reducing duplication with existing State and Territory requirements relating to school improvement. This measure is compatible with the right to education.

This legislative instrument is compatible with the right to education.

Conclusion

This legislative instrument is compatible with human rights.

Christopher Pyne

Minister for Education and Training