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

Administered by Department of Education

Legislation au F2015L01393 Not in force Legislative Instrument

Legislation content

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

 

 

Overview

The Australian Education (Consequential and Transitional Provisions) (School Improvement Framework and Plans) Specification 2015 was introduced by the Minister for Education and Training under subclause 9(2) of Schedule 2 to the Australian Education (Consequential and Transitional Provisions) Act 2013. This legislation was enacted to address concerns from both government and non-government school stakeholders regarding the command and control aspects of the Australian Education Act 2013. Specifically, the Specification aims to delay the requirement for approved authorities to have a school improvement framework and school improvement plan until 1 January 2017. This delay was implemented to provide additional regulatory certainty to schools and avoid potential duplication with existing State and Territory school improvement requirements, ensuring that the processes remain locally managed and do not become overly burdensome.

Scope and Application

The Australian Education (Consequential and Transitional Provisions) (School Improvement Framework and Plans) Specification 2015 applies to approved authorities responsible for the administration of government schools and non-government schools receiving Commonwealth funding under the Australian Education Act 2013. This includes both government and non-government entities involved in the education sector across Australia. The Specification mandates these authorities to develop and implement a school improvement framework and associated plans by 1 January 2017, thereby extending the original deadline of 1 January 2016. This extension is intended to provide additional time and flexibility for schools to align their improvement initiatives with existing state and territory requirements, thereby avoiding regulatory duplication and ensuring a smoother transition. The Specification operates on a national level, affecting all approved authorities operating within the Commonwealth framework, and does not include specific exclusions or exemptions. However, the application and interpretation of the Specification may be further detailed through subordinate instruments as deemed necessary by the Minister for Education and Training.

Key Provisions

The Australian Education (Consequential and Transitional Provisions) (School Improvement Framework and Plans) Specification 2015 (the Specification) is primarily concerned with extending the timeframe for approved authorities to develop and implement school improvement frameworks and plans. Under Section 4, the date by which these frameworks and plans must be in place is extended until 1 January 2017. This change aims to provide regulatory certainty to schools and to allow them to manage their improvement processes at the local level without unnecessary duplication of existing state and territory requirements. The approved authority is expected to develop a school improvement framework that outlines how they will identify and address school improvement needs and a school improvement plan that sets out how they will achieve the objectives set out in the framework. The Specification imposes several obligations on the approved authorities. These authorities are required to ensure that their school improvement frameworks and plans meet the mandated Australian Government criteria and are aligned with the broader goals of enhancing educational outcomes. They must also facilitate effective local management of school improvement processes while ensuring consistency with state and territory requirements. Additionally, the approved authorities must ensure that the frameworks and plans are developed in consultation with relevant stakeholders, including school communities and educators, to foster a collaborative approach to school improvement. Failure to comply with the requirements set out in the Specification can lead to various consequences. While the Specification itself does not explicitly outline specific offences, penalties, or civil/criminal consequences, non-compliance with the broader Australian Education Act 2013 could result in regulatory action, including potential fines or other penalties as prescribed by the relevant education legislation. The approved authorities are expected to adhere to the mandated timelines and criteria to avoid any adverse outcomes. The delayed implementation date is intended to provide schools with the necessary time to develop robust frameworks and plans without facing immediate regulatory pressure.

Legal classification tags

Area of Law
Education Law
Instrument
Statutory Instrument
Concepts
Commencement Provisions
Transitional Provisions
Regulatory Standards
Reporting & Disclosure Obligations

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Authorises

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.