Education (Senior Secondary School Studies) Act 1988
EDUCATION (SENIOR SECONDARY SCHOOL STUDIES) ACT 1988
QueenslandEDUCATION(SENIORSECONDARYSCHOOLSTUDIES)
ACT1988Reprinted as in force on 1 July
2002(includes amendments up to Act No. 60 of
2001)This is the reprint current on the repeal
dateReprint No. 3DThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
Act is reprinted as at 1 July 2002.The reprint shows
the law as amended by allamendments that commenced on or before
that day (Reprints Act 1992 s 5(c)).The reprint
includes a reference to the law by which each amendment was
made—see listof legislation and list of annotations in
endnotes.This page is specific to this reprint.See
previous reprints for information about earlierchanges made under
the Reprints Act 1992.A table of earlier reprints is
included in theendnotes.Also see endnotes
for information about—•when provisions
commenced•editorial changes made in earlier
reprints.
s15s4Education (Senior Secondary School Studies)
Act 1988EDUCATION (SENIOR SECONDARY SCHOOLSTUDIES) ACT 1988[as amended by
all amendments that commenced on or before1 July 2002]An
ActtoestablishaBoardofSeniorSecondarySchoolStudiestoprovide for its functions and powers
and for related purposesPART 1—PRELIMINARY1Short
titleThisActmaybecitedastheEducation(SeniorSecondarySchoolStudies) Act
1988.4DefinitionsIn
this Act—“agricultural college”seeAgricultural Colleges Act 1994,
section 3.1“appointed members”see section
5.“board”means the Board
of Senior Secondary School Studies constitutedunder this
Act.“board registered subject”means any subject, other than a board
subject,forwhichastudyareaspecificationorworkprogramhasbeenapproved by the
board.1TheAgriculturalCollegesAct1994,section3,defines‘agriculturalcollege’
asfollows—“agricultural
college”means a registered training organisation
that is—(a)operated by the State; and(b)declared by the Minister under section
4 to be an agricultural college.
s46s4Education (Senior Secondary School Studies)
Act 1988“board subject”means a subject
for which a syllabus and a school’s workprogramhavebeenapprovedbytheboardandthestandardsofassessment are moderated.“committee”means a
committee mentioned in section 6(1)(k).“council”means the Queensland School Curriculum
Council (P–10).“director”means the
director of the office.“eligibleperson”,foranominatingentity,meansapersonwhomtheentitymaynominateformembershipoftheboardasstatedinsection 5(3).“foreign education
document”means a document stating an
educationalqualification,oralevelofeducationattained,fromaneducationalinstitution
outside the State.“highereducation”meanstertiaryeducation,otherthanvocationaleducation,andincludesadvancededucationcoursesofferedinregistered training organisations which are
specifically recognised byState and Commonwealth authorities as
higher education courses.“HigherEducationForum”meansthecommitteeofthatnameestablished under theEducation
(General Provisions) Act 1989.“materials”includes
documents.“moderation”means procedures
which give effect to the board’s policiesdirected to the
maintenance of standards of assessments certified bythe
board.“nominating entity”means an entity
that, under section 5(3)(b) to (i), maynominate a
person to be a member of the board.“non-Stateschool”meansaschoolthatisprovisionallyaccredited,oraccredited, under theEducation
(Accreditation of Non-State Schools)Act 2001.“office”meanstheOfficeoftheBoardofSeniorSecondarySchoolStudies.“P–12
syllabuses”means either or both or the
following—(a)guidelines for the preschool
year;(b)the syllabuses for the subjects in
years 1 to 12.“parent”includes a
guardian and every person who is liable to maintain orhas
the actual custody of a child.
s47s4Education (Senior Secondary School Studies)
Act 1988“practising secondary education
teacher”means a person who is—(a)registeredasateacherundertheEducation(TeacherRegistration) Act 1988; and(b)isamemberoftheeducationalstaffofaschooltoprovidesecondary
education.“primary education”means education
offered in years 1 to 7.“recorded subject”means a subject,
other than a board subject or boardregisteredsubject,offeredbyaschool,agriculturalcollege,TAFEinstituteorothereducationalinstitutionapprovedbytheboard,theresults of which are recorded on board
certificates.“registeredtrainingorganisation”seetheTrainingandEmploymentAct 2000,
section 14.2“secondary education”means education offered in years 8 to
12.“seniorsecondaryeducation”meanseducationofferedinyears11and
12.“Stateeducationalinstitution”meansaStateeducationalinstitutionwithin the
meaning of theEducation (General Provisions) Act
1989.3“Stateschool”hasthemeaninggivenbytheEducation(GeneralProvisions) Act
1989.“student”has the meaning
given by theEducation (General Provisions)Act
1989.2TheTraining and Employment Act 2000,
section 14, defines ‘registered trainingorganisation’ as
follows—“registered training organisation”, is
a training organisation that is registered toprovide—(a)training services; or(b)recognition services.3TheEducation
(General Provisions) Act 1989, section 2
defines State educationalinstitution as any educational
institution established pursuant to section 16, 17 or 18of
the Act.
s58s5Education (Senior Secondary School Studies)
Act 1988“TAFEinstitute”seetheTrainingandEmploymentAct2000,section 191.4“tertiary education”means education,
other than primary or secondaryeducation,offeredwhollyorprimarilytostudentswhohavecompleted their
primary and secondary education and who are abovethe
age of compulsory attendance at school.“Tertiary Entrance
Procedures Authority”means the Tertiary EntranceProceduresAuthorityestablishedundertheEducation(TertiaryEntrance Procedures Authority) Act
1990.“vocationaleducation”hasthemeaninggivenbytheTrainingandEmployment Act 2000.“Vocational Education Minister”means the Minister administering theTraining and Employment Act 2000.PART 2—BOARD OF SENIOR SECONDARY
SCHOOLSTUDIESDivision
1—Constitution, functions and powers of the board5Establishment and membership of
board(1)The Board of Senior Secondary School
Studies is established.(2)The board
consists of the following members—(a)the
chief executive;(b)thepersonsappointedundersubsection(3)(the“appointedmembers”).(3)TheGovernorinCouncilmustappointthefollowingpersonsasmembers of the board—4TheTraining and
Employment Act 2000, section 191, defines ‘TAFE institute’
asfollows—“TAFE
institute”, is an institution operated by the State
that provides vocationaleducation and training.
s59s5Education (Senior Secondary School Studies)
Act 1988(a)1 person nominated by the Minister,
who is to be appointed aschairperson;(b)2publicserviceofficersemployedinthedepartmentandnominated by the chief executive;(c)1 person nominated by the
council;(d)1memberoftheTrainingandEmploymentBoardestablishedunder the
Training and Employment Act 2000 nominated by theVocational Education Minister;(e)1 person nominated by the Higher
Education Forum;(f)1personnominatedbytheQueenslandCatholicEducationCommission;(g)1
person nominated by the Association of Independent Schoolsof
Queensland Inc.;(h)2practisingsecondaryeducationteachers,withexperienceinsenior secondary education, of whom—(i)1 is to be nominated by the Queensland
Teachers’ Union;and(ii)1istobenominatedbytheQueenslandIndependentEducation Union
of Employees;(i)3personswho,atthetimeofappointment,areparentsofstudents currently attending year 11 or 12
at a State educationalinstitution or other school in
Queensland, of whom—(i)1 is to be
nominated by the Queensland Council of Parentsand Citizens’
Associations Incorporated; and(ii)1istobenominatedbytheFederationofParentsandFriends Associations Queensland; and(iii)1 is to be
nominated by the Independent Parents and FriendsCouncil of Queensland;(j)iftheMinisterconsidersitappropriatefortheretobeanothermember—another
person nominated by the Minister.(4)TheMinistermust,bywrittennoticetoeachofthenominatingentities,askeachentitytonominateapersonwhois,fortheentity,aneligible person for appointment to the
board.(5)If a nominating entity does not,
within the time stated in the notice,nominate a person
who is, for the entity, an eligible person—
s
610s 6Education (Senior
Secondary School Studies) Act 1988(a)theMinistermaynominatesomeonewhois,fortheentity,aneligible person; and(b)the
Minister’s nominee is taken to have been nominated by theentity that failed to nominate within the
time stated in the notice.(6)The board may
appoint a member to be deputy chairperson of theboard
for the term, not longer than his or her term of office as a
member,decided by the board.(7)The
director may not be appointed as a member.6Functions and powers of the board(1)The functions of the Board of Senior
Secondary School Studies shallbe—(a)to advise the Minister on senior
secondary education; and(b)to issue senior
certificates and such other certificates for seniorsecondary education as the Minister may
approve from time totime, in accordance with the
regulations; and(d)toapprovesyllabusesforthosesubjectsdevelopedbyschools,school systems,
authorities, other institutions or the board itselfwhich are designated, or are to be
designated, board subjects onthe senior
certificate; and(da)with the
council—(i)to develop and, from time to time,
revise a strategic plan forthe development
of P–12 syllabuses; and(ii)to recommend the
strategic plan to the Minister; and(e)toapproveworkprogramsforthosesubjectswhicharedesignated,oraretobedesignated,boardorboardregisteredsubjects on the
senior certificate; and(ea)toapprovestudyareaspecificationsforsubjectsthataredesignated, or are to be designated,
board registered subjects onthe senior
certificate; and(f)toprovideinformationtotheTertiaryEntranceProceduresAuthority in
connection with the performance of that authority’sfunctions and the exercise of its powers;
and(g)to prepare or arrange the preparation
of Core Skills Tests or suchtests in their
stead as the Minister may approve from time to time
s
611s 6Education (Senior
Secondary School Studies) Act 1988and, to make
such arrangements as are considered by the boardnecessaryfortheadministrationofthoseteststostudentsinyear
12 or to such other students as the board may approve; and(h)to carry out accreditation,
recognition and registration functions,delegatedundertheTrainingandEmploymentAct2000,section 1865forvocationaleducationprogramsforstudentsinyears 11 and 12; and(i)todevelopandapprovesyllabusesforvocationaleducationprograms for students in years 11 and 12;
and(j)to determine procedures and undertake
such arrangements as aredeemed necessary for—(i)the assessment of students in relation
to board subjects forthe award of senior certificates;
and(ii)the recording of
results in board subjects, board registeredsubjects and
recorded subjects on senior certificates issuedto students;
and(k)toappoint,pursuanttotheprovisionsofthisdivision,amoderation committee and subject
advisory committees, and toappoint such
other committees as it deems necessary from timeto
time to assist it to perform its functions; and(l)to
arrange with the department and with such schools, personsand
authorities as it thinks fit for the services of suitable
personsasmoderators,ortocarryoutaccreditation,recognitionandregistrationfunctionsforvocationaleducationprograms,forsuch
periods and on such terms (including payment of salaries,feesandallowances(ifany))astheGovernorinCouncilmayfrom
time to time determine; and(m)to
confer and collaborate with the department, school systems,authorities,schoolsandotherinstitutions,asitseesfit,intheperformance of
its functions and the exercise of its powers; and(q)to furnish to the Minister as soon as
practicable, but not morethan 4 months after 30 June in each
year, a report of its work andactivities
during the year; and(r)to advise the
Minister on principles relating to tertiary entrance;and5Training and
Employment Act 2000, section 186 (Delegation by
council)
s
712s 7Education (Senior
Secondary School Studies) Act 1988(s)to
undertake such procedures in relation to tertiary entrance,
asthe Minister may from time to time direct;
and(t)to assess and decide the levels of
education evidenced by foreigneducation
documents, compared with the levels of primary andsecondary education provided by educational
institutions in theState.(2)Theboardhaspowertodoanythingnecessaryorconvenientinrelation to its functions.(3)Without limiting subsection (2), the
board has the powers given to itunder this or
another Act and, in particular, has power to—(a)enter into contracts; and(b)appoint agents and attorneys;
and(c)engage consultants; and(d)produce materials in performing its
functions; and(e)charge for advertising in the
materials; and(f)sell the materials or enter into an
agreement with someone else tosell the
materials.(4)However,theboardmustnotenterintoanagreementaboutrealproperty,
including, for example, leasing premises for its
accommodation,unless the Minister has approved the board
entering into the agreement.7Board
may make by-laws(1)The board may from time to time make
by-laws not inconsistent withthis Act or the
regulations for or with respect to—(a)the
approval of syllabuses;(b)the approval of
work programs;(ba)the approval of
study area specifications;(c)vocational
education programs;(d)the assessment of student
achievement;(e)examinations;(f)moderation;(g)committees appointed pursuant to this
part;
s
813s 8Education (Senior
Secondary School Studies) Act 1988(h)the
award of certificates;(ha)the issue of
copies of certificates;(i)the
determination of criteria for recorded subjects;(j)suchothermattersasmayfromtimetotimebenecessaryorconvenient for the carrying into effect of
the several provisions,objects and purposes of this
part.(2)A by-law may prescribe fees payable to
the board—(a)in relation to examinations or tests;
or(b)fortheissueofcertificatesorotherdocuments,orcopiesofcertificates or other documents; or(c)for other services provided in
relation to the board’s functions.(3)A
by-law may authorise the board to make rules for the carrying
intoeffect of all or any of the provisions and
objects of the by-laws.(4)All rules made
by the board pursuant to any by-law shall be of fullforce
and effect on and from the day on which they are promulgated
inaccordancewiththeby-lawunderwhichtheyaremadeoronandfromsuch
later date as may be specified in the rule, and the production of a
copyof any such rule verified by the board is
sufficient evidence of the makingandauthenticityofthesameinallcourtsandbeforeallpersonsactingjudicially.(6)A
by-law has no effect unless and until approved by the Governor
inCouncil.8Responsibility for strategic plan for P–12
syllabuses and revisions(1)Thissectionappliesinrelationtotheboard’sfunction,withthecouncil—(a)to
develop and, from time to time, revise a strategic plan for
thedevelopment of P–12 syllabuses; and(b)to recommend the strategic plan to the
Minister.(2)Thechairpersonofthecouncilhasprimaryresponsibilityfortheprocessbywhichthecouncilandtheboardmustworktogetherindeveloping the strategic plan, and
revising it from time to time.(3)However, the chairperson of the board must
ensure the board workstogether with the council, including,
for example, establishing committees.
s
914s 10Education (Senior
Secondary School Studies) Act 1988(4)TherecommendationtotheMinisteraboutthestrategicplan,orsubsequent revisions, must be signed by
both chairpersons.(5)A revision may take the form of
developing a further plan.9Minister to
consider strategic plan and notify chairpersons(1)TheMinistermustconsiderastrategicplan,orarevision,recommended under section 8(4) and notify the
chairperson of the boardand chairperson of the council
that—(a)thestrategicplanorrevisionisapprovedwithorwithoutchanges;
or(b)thestrategicplanorrevisionrequiresfurtherdevelopment,including the
particular areas for development.(2)Theboardhasnotdischargeditsfunctionsaboutdevelopingastrategic plan or a revision until the
Minister has given notice to the boardthat the plan or
revision is approved.10Minister’s power
to give directions in the public interest(1)The
Minister may give the board a written direction if the Minister
issatisfied it is necessary to give the
direction in the public interest.(2)Without limiting subsection (1), a direction
may be that the boardmust comply with—(a)a
policy, standard or other instrument of a public sector unit;
or(b)anotherdocument,including,forexample,anotherpolicy,standard or
instrument.(3)The board must comply with the
direction.(4)In the board’s annual report for a
financial year, under theFinancialAdministrationandAuditAct1977, the board must
include copies of alldirections given to it during the
financial year.
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1115s 13Education (Senior
Secondary School Studies) Act 1988Division
2—Administrative provisions relating to the board11Members’ term of appointment(1)The member appointed as the
chairperson of the board holds officefor the term, not
longer than 4 years, stated in the member’s appointment.(2)Each other appointed member holds
office for the term, not longerthan 3 years,
stated in the member’s appointment.12Disqualification from officeA
person who—(a)isanundischargedbankruptortakesadvantageofthelawsinforce for the time being relating to
bankrupt or insolvent debtors;or(b)has been convicted in Queensland of an
indictable offence or hasbeen convicted elsewhere than in
Queensland in respect of an actor omission
which if done or made by the person in Queenslandwould have constituted an indictable offence
unless the Ministerisoftheopinionthatthecircumstancesoftheoffencedonotwarrant disqualification from
office;shall not be capable of being, or continuing
to be, an appointed member ofthe board.13Vacation of office of members of the
boardAn appointed member of the board shall be
taken to have vacated officeas such member
if—(a)the member dies;(b)the
member declines to act or to further act as such member;(c)the member resigns office as such
member in writing delivered tothe chairperson
of the board;(d)the member is absent, without leave of
the board first had andobtained, from 3 consecutive ordinary
meetings of the board ofwhich meetings a notice—(i)has been served personally upon the
member; or
s
1516s 16Education (Senior
Secondary School Studies) Act 1988(ii)hasbeensentbyprepaidpostletteraddressedtothememberatthemember’splaceofbusinessorplaceofresidence last known to the chairperson of
the board;(e)the member ceases to be qualified to be
a member of the board;(f)thememberisremovedfromofficeassuchmemberbytheGovernor in
Council.15Removal of member(1)The
Governor in Council may at any time before the expiration of
theperiodforwhichamemberoftheboardwasappointedremovesuchmember from
membership by notification published in the gazette.(2)Upon publication of such notification
in the gazette the person soremoved shall
cease to be a member of the board.16Filling vacancies(1)This
section applies if there is a vacancy in the office of an
appointedmember (the“previous
member”).(2)If the previous
member was a member mentioned in section 5(3)(b)to
(i), the Minister must, by written notice to the nominating entity
of theprevious member, ask the entity to nominate a
person who is, for the entity,an eligible
person for appointment to the vacancy.(3)If
the nominating entity does not, within the time stated in the
notice,nominate a person who is, for the entity, an
eligible person—(a)theMinistermaynominatesomeonewhois,fortheentity,aneligible person; and(b)thepersonnominatedbytheMinisteristakentohavebeennominated by the entity.(4)TheGovernorinCouncil’sappointmentofapersontofillthevacancymayonlybemadeaftertheperson’snominationbythenominating entity or the
Minister.66Under theActs
Interpretation Act 1954, section 25(1)(b), the Governor in
Council’spowertoappointamemberincludesapowertoappointsomeoneelseifthemember’s office becomes vacant.
s
1717s 20Education (Senior
Secondary School Studies) Act 1988(5)The
term of the appointment must end not later than the end of
theprevious member’s term.17Manner of exercising power(1)The board shall exercise a power or
authority or perform a duty orfunction by
majority vote of its members present and voting at the
meetingat which such exercise or performance is to
occur.(2)A member who abstains from voting
shall be deemed to have votedfor the
negative.(3)Thechairpersonoftheboard(includinganypersonforthetimebeing acting as
such chairperson) shall have a deliberative vote and, in theevent
of an equality of votes, a casting vote.19Quorum and business of the board(1)ThepowertomakeregulationsconferredupontheGovernorinCouncil by section 45 includes power to fix
the quorum of members of theboard required to
constitute a meeting of the board.(2)Meetings of the board shall be called and
conducted in the mannerdetermined by the board.(2A)Subsection (2)
shall not be construed or applied to prejudice theoperation of section 13(d).(3)The chairperson of the board shall
preside at every meeting of theboard at which
the chairperson is present and, in the chairperson’s
absence,the deputy chairperson of the board, if the
deputy chairperson is present,shall preside at
every meeting of the board.(4)Should both the
chairperson and the deputy chairperson of the boardbe
absent from the meeting thereof a member of the board elected
fromamong the members who are present shall
preside at such meeting.20Disclosure of
interests by members of board, members ofcommittees and
director(1)Thissectionappliestoamemberoftheboard,amemberofacommittee or the director (the“interested person”)
if—
s
20A18Education (Senior Secondary School
Studies) Act 1988s 20A(a)the
interested person has a direct or indirect financial interest
inanissuebeingconsidered,orabouttobeconsidered,bytheboard or the committee; and(b)theinterestcouldconflictwiththeproperperformanceoftheperson’s duties about the
consideration of the issue.(2)As soon as
practicable after the relevant facts come to the interestedperson’s knowledge, the person must disclose
the nature of the interest to ameeting of the
board or the committee.(3)Unlesstheboardorcommitteeotherwisedirects,theinterestedperson must
not—(a)be present when the board or committee
considers the issue; or(b)take part in a
decision of the board or committee about the issue.(4)Theinterestedpersonmustnotbepresentwhentheboardorcommittee is considering whether to give a
direction under subsection (3).(5)Ifthereisanotherpersonwhomust,undersubsection(2),alsodisclose an
interest in the issue, the other person must not—(a)be present when the board or committee
is considering whetherto give a direction under subsection
(3); or(b)take part in making the decision about
giving the direction.(6)If, because of
this section, a member of the board or a committee isnot
present at a board or committee meeting for considering or deciding
anissue,orforconsideringordecidingwhethertogiveadirectionundersubsection (3), but there would be a quorum
if the member were present,the remaining
members present are a quorum of the board or committee forconsidering or deciding the issue at the
meeting.(7)A disclosure under subsection (2) must
be recorded in the board’s orcommittee’s
minutes.20A Attendance by appointed member’s proxy or
chief executive’snominee(1)An
appointed member may attend a board meeting by proxy.(2)However, the appointed member may
not—(a)appoint a member of the office’s staff
as the proxyholder; or(b)attend more than
2 meetings each year by proxy.
s
20B19Education (Senior Secondary School
Studies) Act 1988s 22(3)A member is not
entitled to preside at a meeting merely because themember is the proxyholder for another member
who, if present, would beentitled to preside.(4)Thechiefexecutivemay,bywrittennoticetothechairperson,nominate a public
service officer employed in the department to attend ameeting or meetings for the chief
executive.(5)In subsection (2)(b)—“year”means a period
of 12 months starting on the first day of the term ofoffice of the member concerned or an
anniversary of that day.20B Attendance of director of the office
at meetings(1)The director may attend board
meetings.(2)The director may speak at a meeting
but is not entitled to vote.21Proceedings in relation to the board(1)Proceedings in any court may be taken
and prosecuted in the name ofthe board through
the chairperson or any person appointed in writing forthe
purpose by the chairperson.(2)Every court of
law shall take judicial notice of the signature of thechairperson to any such appointment.(3)Inanysuchproceedingsitshallnotbenecessarytoprovetheauthorityofthepersonbyorthroughwhomthesamearetakenorprosecuted or the due appointment of any
member of the board.(4)Proceedings in any court may be taken
against the board in its name,the ‘Board of
Senior Secondary School Studies’.22Chairperson to sign agreements for the
board(1)Subject to this Act, the chairperson
of the board is empowered to signagreements for
and on behalf of the board.(1A)However, the
board has first passed a resolution to enter into suchagreement.(2)Upon
the chairperson’s signature being affixed to any agreement,
inaccordancewiththisAct,theboardshallbeboundbythetermsandconditions of that agreement.
s
2320s 25Education (Senior
Secondary School Studies) Act 198823Remuneration to members of the board and
other committees(1)Members of the board and other
committees established or appointedunder this Act
shall be paid such fees, allowances and expenses (if any) asthe
Governor in Council from time to time determines.(2)Fees,allowancesandexpensesmaydifferinrespectofdifferentmembers according
to class of payment, rate or position held on the boardor,
as the case may be, other committees.(3)A
provision in any Act requiring the holder of an office
specifiedtherein to devote the whole of the person’s
time to the duties of office orprohibiting the
person from engaging in employment outside the duties ofoffice shall not operate to disqualify the
person from holding that officeand also the
office of a member of the board or other committee or fromaccepting and retaining any fees, allowances
or expenses payable to theperson pursuant to this section.24Delegations(1)The
chairperson may delegate the chairperson’s powers under thisAct
to an appropriately qualified person.(2)The
board may, by resolution, delegate, to an appropriately
qualifiedperson, its power to assess and decide the
levels of education evidenced byforeign education
documents.(3)In this section—“appropriately
qualified person”means a person with the
qualifications,experience or standing appropriate to
exercise the power.Example of standing—A person’s
classification level in the public service.Division
3—Financial and accountability provisions relating to theboard25Accounts and auditTheFinancial Administration and Audit Act
1977applies to the board tothe extent
provided by that Act.
s
2621s 27Education (Senior
Secondary School Studies) Act 198826Funds
of the board(1)Theboardshallkeepanaccountatafinancialinstitutionforageneral fund.(2)There shall be paid into the general fund of
the board all moneysappropriatedbyParliamentineachyearforthepurposeandallothermoneys paid to the board.(3)The
board shall pay from the moneys from time to time standing
tothe credit of the general fund liabilities
incurred by it in or in connectionwith the conduct
of the activities for which it is constituted.(4)However,liabilityforexpenditureforanypurposeincludingpurchase of goods and services shall only be
incurred within expenditurelimitsestablishedpursuanttotheFinancialAdministrationandAuditAct 1977.27Budget of the
board(1)In each year the board shall, by
resolution in that behalf, adopt and, atatimedeterminedfromtimetotimebytheMinister,lodgewiththeMinister a budget in respect of the fund
maintained wherein the board shallestimate as
accurately as possible—(a)the amount to be
disbursed by the board from that fund duringtheyearendingon30Juneintheyearnextfollowingintheproper exercise
by the board of its functions and powers underthis Act and in
giving effect to this Act;(b)the amount to be
received from all sources by the board duringthe year ending
on 30 June in the year next following.(2)A
budget of the board shall be of no force or effect until it is
adoptedby the board and approved by the
Minister.(3)Upon approval by the Minister, the
budget shall be binding upon theboard.(4)If the general fund of the board
contains a surplus or shows a deficitat the end of a
financial year, the board shall take such surplus or deficitintoaccountinthepreparationofitsbudgetforthenextsucceedingfinancial
year.
s
2822s 30Education (Senior
Secondary School Studies) Act 198828Observance of budget(1)Theboardshallconfineitsdisbursementsfromitsgeneralfundthroughout a financial year within the total
amount contained in its budgetfor that
financial year as approved under section 27.(2)If,duringanyfinancialyear,itappearstotheboardthatanextraordinary circumstance has arisen
which requires that the board make adisbursementfromitsgeneralfundinthatfinancialyearthatwasnotprovided for in
the budget (as approved) for that financial year, and if
suchdisbursement is likely to cause the board to
exceed its approved budget, theboard shall,
before making such disbursement—(a)by
resolution, approve that such disbursement be made; and(b)obtain approval of the Minister for an
appropriate amendment tothe budget.(3)If,inanyfinancialyear,theboardmakesfromitsgeneralfundadisbursement which was not provided for
in the budget (as approved) ofthe board for
that financial year, and such disbursement causes the board
toexceed its total budget amount, all the
members of the board who voted forsuch disbursement
shall be jointly and severally liable to repay to the boardthe
amount of such excess unless the Minister has approved as
prescribedof the making of such disbursement.(4)Such amount may be recovered from such
members or any of themas moneys due and owing to the board by
action at the suit of the Ministerin any court of
competent jurisdiction.29FeesAllfeesreceivedbytheboardunderthisActshallbepaidintothegeneral fund and applied solely for the
purposes of the board.30Board is
statutory body(1)Under theStatutoryBodiesFinancialArrangementsAct1982, theboard
is a statutory body.(2)TheStatutory Bodies
Financial Arrangements Act 1982, part 2B
setsout the way in which the board’s powers under
this Act are affected by theStatutory Bodies
Financial Arrangements Act 1982.
s
3223s 35Education (Senior
Secondary School Studies) Act 198832Consequences if money borrowed other than
under the StatutoryBodies Financial Arrangements Act
1982(3)If the board borrows any money which
it is not lawfully authorisedunder theStatutory Bodies Financial Arrangements Act
1982to borrow, allthe members of
the board who have consented to the borrowing of suchmoney
shall be jointly and severally liable to repay the same and to pay
allinterest thereon to the person from whom the
same was borrowed, and thesame may be recovered from such members
or any of them as money lentby such person to
such members or, as the case may be, member by actionat
the suit of the Minister in any court of competent
jurisdiction.(4)Ifanymoneysareappropriatedfromanyfundforthepurposeofrepaying any money so borrowed or paying
interest thereon, the membersof the board who
have consented to the misappropriation of such moneysfor
that purpose shall be jointly and severally liable to refund the
same withinterest at the rate of 12% per annum, and
the same may be recovered fromsuchmembersoranyofthembyactioninanycourtofcompetentjurisdiction at
the suit of the Treasurer who, on recovery of the same,
shallpay the amount recovered into the fund
concerned, but shall be entitled tofull costs of
suit, including costs as between solicitor and client.Division 5—Constitution, functions and powers
of the moderation andsubject advisory committees34Moderation committeeThe
board shall appoint a moderation committee as and in the
mannerprescribed in the regulations.35Functions and powers of the moderation
committee(1)The functions of the moderation
committee shall be—(a)to perform on behalf of the board such
functions as are necessarytogiveeffecttotheboard’spoliciesregardingproceduresformoderation;(b)to
keep the board informed about current assessment practices
inQueensland schools;(c)toadvisetheboardofpersonsqualifiedtoactinvariousmoderation
capacities;
s
3624s 37Education (Senior
Secondary School Studies) Act 1988(d)to
advise the board on such matters as the board refers to it.(2)The moderation committee shall have
and may exercise such powersand authorities
as are incidental to the proper discharge by it of any of
itsfunctions under this Act.36Subject advisory committeesTheboardshallappoint,asandinthemannerprescribedintheregulations, subject advisory
committees for subjects or groups of subjectsstudied as board
subjects.37Functions and powers of subject
advisory committees(1)The functions of a subject advisory
committee shall be—(a)tomakerecommendationstotheboardconcerningthebroadframeworkofthesyllabusorsyllabusesinthesubjectorthegroup of subjects for which the
committee is appointed; and(b)tomakerecommendationstotheboardaboutstudyareaspecifications developed by the board for
subjects designated, orto be designated, as board registered
subjects; and(c)wheresuchmatterisreferredtoitbytheboard,tomakerecommendationstotheboardwithrespecttothematterofsyllabusesforthosesubjectsdevelopedbyschools,schoolsystems,authorities,otherinstitutionsortheboarditselfandwhich are designated, or are to be
designated, board subjects onthe senior
certificate; and(d)to make recommendations to the board
on such other matters asthe board refers to it.(2)Asubjectadvisorycommitteeshallhaveandmayexercisesuchpowers and
authorities as are incidental to the proper discharge by it of
anyof its functions under this Act.
s
3825s 41Education (Senior
Secondary School Studies) Act 1988PART 3—OFFICE OF
THE BOARD OF SENIORSECONDARY SCHOOL STUDIES38Office
of the Board of Senior Secondary School StudiesTheOfficeoftheBoardofSeniorSecondarySchoolStudiesisestablished.39Office’s function and powers(1)The office’s function is to assist the
board.(2)Theofficehaspowertodoanythingnecessaryorconvenientinrelation to its function.40Director and staff of the office(1)The office consists of the director
and other staff of the office.(2)The
director and other staff of the office are to be appointed
underthePublic Service Act 1996.41Control of the
office(1)The director is to control the
office.(2)The director has all the functions and
powers of the chief executiveofadepartment,sofarasthefunctionsandpowersrelatetotheorganisational
unit comprising the staff of the office.
s
4226s 45Education (Senior
Secondary School Studies) Act 1988PART 4—GENERAL
PROVISIONS42Delegation by Minister(1)TheMinistermaydelegatetheMinister’spowersunderthisAct,other than under
sections 8, 9 and 107to an
appropriately qualified person.(2)In
subsection (1)—“appropriately qualified person”means a person with the
qualifications,experience or standing appropriate to
exercise the power.Example of standing—A person’s
classification level in the public service.43Administrative support for board and
office(1)Theboardmaymakearrangementsforadministrativesupportservices for the board and the office.(2)Iftheboardmakesarrangementswiththechiefexecutiveforthedepartment to
provide 1 or more services for the board or the office, thearrangementmustincludeaprovisionabouttheboardpayingthedepartment a reasonable amount for the
service.44Board’s annual reportTheboard’sannualreportforafinancialyear,undertheFinancialAdministrationandAuditAct1977,mustincludeanyaccreditation,recognitionorregistrationfunctionsdelegatedtotheboardundertheTraining and Employment Act 2000,
section 186,8for vocational educationprograms for students in year 11 or
12.945RegulationsThe Governor in
Council may make regulations under this Act.7Sections 8 (Responsibility for strategic
plan for P–12 syllabuses and revisions),9 (Minister to
consider strategic plan and notify chairpersons) and 10
(Minister’spower to give directions in the public
interest)8Training and Employment Act
2000, section 186 (Delegation by council)9See section 6(1)(h).
s
4627s 49Education (Senior
Secondary School Studies) Act 1988PART
5—TRANSITIONAL46Definitions for pt 5In
this part—“commencement day”means the day
this part commences.“former office”means the part
of the department that, immediately beforethecommencementday,wasknownastheOfficeoftheBoardofSenior Secondary School Studies.“new
office”means the Office of the Board of Senior
Secondary SchoolStudies established under this Act.“transferringofficer”meansapersonwho,immediatelybeforethecommencement day, was a public service
officer within the formeroffice.47Board
to be re-constitutedThe members of the board immediately
before the commencement daygo out of
office.48Dissolution of former officeThe
former office is dissolved.49Staff of the
office(1)Each transferring officer is taken to
have been appointed as a publicservice officer
within the new office.(2)Each
transferring officer keeps—(a)the
salary and conditions of employment; and(b)the
entitlements with respect to leave and superannuation;that
applied to the officer immediately before the commencement
day.(3)Toremoveanydoubt,itisdeclaredthatatransferringofficer’scontinuity of service is not interrupted
merely because of the end of theofficer’s
appointment within the former office and the start of the
officer’sappointment within the new
office.
29Education (Senior Secondary School
Studies) Act 19884Table of earlier reprintsTABLE
OF EARLIER REPRINTS[If a reprint number includes a roman
letter, the reprint was released in unauthorised,electronic form only.]Reprint
No.11A22A33A3B3CAmendments
includedto Act No. 32 of 1993to Act No. 58 of
1995to Act No. 65 of 1996to Act No. 17 of
1997to Act No. 83 of 1997to Act No. 19 of
1999to Act No. 23 of 2000to Act No. 60 of
2001Reprint date13 January
199414 July 19965 March
199725 August 19974 February
199817 May 199911 October
200021 January 20025Tables in earlier reprintsTABLES IN EARLIER REPRINTSName
of tableChanged names and titlesRenumbered
provisionsReprint No.116List of
legislationEducation (Senior Secondary School Studies)
Act 1988 No. 95date of assent 8 December 1988ss
1–2 and 47 commenced on date of assentremaining
provisions commenced 6 February 1989 (proc pubd gaz 4 February
1989p 728)rep 1 July 2002
(2002 No. 1 s 80)amending legislation—Education
(Tertiary Entrance Procedures Authority) Act 1990 No. 92 pt
5date of assent 7 December 1990commenced 20 April 1991 (proc pubd gaz 20
April 1991 p 2558)Griffith University and Queensland
Conservatorium of Music Amalgamation andMiscellaneous
Amendments Act 1991 No. 23 s 20 schdate of assent 5
June 1991s 20 sch commenced 16 December 1994 (1994 SL
No. 457)Statute Law (Miscellaneous Provisions) Act
1993 No. 32 ss 1–3 sch 2date of assent 3 June 1993commenced on date of assent
30Education (Senior Secondary School
Studies) Act 1988Education Legislation Amendment Act 1995 No.
20 pts 1, 3, s 7 sch 2 (this Act isamended, see
amending legislation below)date of assent 11 April 1995s 9
never proclaimed into force and om 1996 No. 65 s 52 sch 2ss
10(1)–(3), (6), (8)–(11), 11, 12 commenced 1 January 1996 (see s
2(1))remaining provisions commenced on date of
assentamending legislation—Education (School
Curriculum P–10) Act 1996 No. 65 ss 1–2, 52 sch 2(amends 1995 No. 20 above)date
of assent 9 December 1996commenced on date of assent (see s
2(1))Statute Law Revision Act (No. 2) 1995 No. 58
ss 1–2, 4 sch 1date of assent 28 November 1995commenced on date of assentPublic
Service Act 1996 No. 37 ss 1–2, 147 sch 2date of assent 22
October 1996ss 1–2 commenced on date of assentremaining provisions commenced 1 December
1996 (1996 SL No. 361)Statutory Bodies Financial Arrangements
Amendment Act 1996 No. 54 ss 1–2, 9 schdate of assent 20
November 1996ss 1–2 commenced on date of assentremaining provisions commenced 1 June 1997
(1997 SL No. 128)Education (School Curriculum P–10) Act 1996
No. 65 ss 1–2, 52 sch 2date of assent 9 December 1996ss
1–2 commenced on date of assentremaining
provisions commenced 1 February 1997 (1997 SL No. 5)Miscellaneous Acts (Non-bank Financial
Institutions) Amendment Act 1997 No. 17ss 1–2, 74
schdate of assent 15 May 1997ss
1–2 commenced on date of assentremaining
provisions commenced 1 July 1997 (1997 SL No. 163)Education and Other Legislation Amendment Act
1997 No. 83 pts 1, 8date of assent 5 December 1997ss
1–2 commenced on date of assentremaining
provisions commenced 1 January 1998 (1997 SL No. 464)Statute Law (Miscellaneous Provisions) Act
1999 No. 19 ss 1–3 schdate of assent 30 April 1999commenced on date of assentTraining and Employment Act 2000 No. 23 ss 1,
2(3), 293 sch 2date of assent 27 June 2000ss
1–2 commenced on date of assentremaining
provisions commenced 28 September 2000 (2000 SL No.
248)
31Education (Senior Secondary School
Studies) Act 1988Education (Accreditation of Non-State
Schools) Act 2001 No. 60 ss 1, 2(2), 218 sch 1date of assent 21
September 2001ss 1–2 commenced on date of assentremaining provisions commenced 1 January
2002 (see s 2(2))7List of annotationsTitleamd R1 (see RA s 39)Commencements 2om R2
(see RA s 37)Arrangement of Acts 3om R1
(see RA s 36)Definitionsprov hdgsub
1995 No. 20 s 8(1)s 4def“agricultural
college”ins 2000 No. 23 s 293 sch 2def“appointed members”ins
1996 No. 65 s 52 sch 2def“board registered
subject”amd 1996 No. 65 s 52 sch 2def“board subject”sub 1995 No. 20 s
8(2)amd 1996 No. 65 s 52 sch 2def“committee”ins 1996 No. 65 s
52 sch 2def“council”ins 1995 No. 20 s
8(2)sub 1996 No. 65 s 52 sch 2def“department”om 1995 No. 20 s
8(2)def“director”ins 1996 No. 65 s
52 sch 2def“Director-General”om 1995 No. 58 s
4 sch 1def“eligible person”ins 1996 No. 65 s
52 sch 2def“executive officer”om 1996 No. 65 s
52 sch 2def“financial year”amd 1990 No. 92 s
47(a)om 1995 No. 58 s 4 sch 1def“foreign education document”ins
1996 No. 65 s 52 sch 2def“higher
education”amd 2000 No. 23 s 293 sch 2def“Higher Education Forum”sub
1996 No. 65 s 52 sch 2def“materials”sub 1996 No. 65 s
52 sch 2def“Minister”om 1995 No. 20 s
8(2)def“nominating entity”ins
1996 No. 65 s 52 sch 2def“non-State
school”sub 1995 No. 20 s 8(2); 2001 No. 60 s 218
sch 1def“office”ins 1996 No. 65 s
52 sch 2def“P–12 syllabuses”ins 1996 No. 65 s
52 sch 2def“practising secondary education
teacher”ins 1996 No. 65 s 52 sch 2def“practising teacher”om
1996 No. 65 s 52 sch 2def“primary
education”ins 1996 No. 65 s 52 sch 2def“recorded subject”sub 1995 No. 20 s
8(2)amd 2000 No. 23 s 293 sch 2def“registered training
organisation”ins 2000 No. 23 s 293 sch 2def“State college”ins 1995 No. 20 s
8(2)om 2000 No. 23 s 293 sch 2def“State educational institution”ins
1997 No. 83 s 49
32Education (Senior Secondary School
Studies) Act 1988def“State school”sub 1995 No. 20 s
8(2)def“student”sub 1995 No. 20 s
8(2)def“TAFE institute”ins 2000 No. 23 s
293 sch 2def“tertiary education”amd
1990 No. 92 s 47(b)def“Tertiary Entrance Procedures
Authority”ins 1990 No. 92 s 47(c)def“vocational education”ins 1995 No. 20 s
8(2)amd 2000 No. 23 s 293 sch 2def“Vocational Education Minister”ins
1995 No. 20 s 8(2)amd 2000 No. 23 s 293 sch 2Establishment and membership of boards
5amd 1995 No. 20 s 9 (never proclaimed into
force and om 1996 No. 65 s 52sch 2); 1995 No.
58 s 4 sch 1sub 1996 No. 65 s 52 sch 2amd
1997 No. 83 s 49A; 2000 No. 23 s 293 sch 2Functions and
powers of boards 6amd 1990 No. 92 s 48; 1995 No. 20 s
10; 1995 No. 58 s 4 sch 1; 1996 No. 65s 52 sch 2; 2000
No. 23 s 293 sch 2Board may make by-lawss 7amd
1993 No. 32 s 3 sch 2; 1995 No. 20 s 11; 1996 No. 65 s 52 sch
2Responsibility for strategic plan for P–12
syllabuses and revisionss 8sub 1996 No. 65 s
52 sch 2Minister to consider strategic plan and
notify chairpersonss 9sub 1996 No. 65 s 52 sch 2Minister’s power to give directions in the
public interests 10amd 1995 No. 20 s 7 sch 2sub
1996 No. 65 s 52 sch 2Division 2—Administrative provisions
relating to the boarddiv hdgsub 1996 No. 65 s
52 sch 2Member’s term of appointments
11sub 1995 No. 20 s 7 sch 2; 1996 No. 65 s 52
sch 2Disqualification from offices
12amd 1996 No. 65 s 52 sch 2Vacation of office of members of the
boards 13amd 1996 No. 65 s 52 sch 2Vacancy on the board from expiry of term of
appointments 14om 1996 No. 65 s 52 sch 2Filling vacanciess 16sub
1996 No. 65 s 52 sch 2Validity of proceedingss
18amd 1995 No. 58 s 4 sch 1om
1996 No. 65 s 52 sch 2
33Education (Senior Secondary School
Studies) Act 1988Quorum and business of the boards
19amd 1999 No. 19 s 3 schDisclosure of
interests by members of board, members of committees and
directors 20sub 1996 No. 65 s 52 sch 2Attendance by appointed member’s proxy or
chief executive’s nominees 20Ains 1996 No. 65 s
52 sch 2Attendance of director of the office at
meetingss 20Bins 1996 No. 65 s 52 sch 2Chairperson to sign agreements for the
boards 22amd 1995 No. 58 s 4 sch 1Remuneration to members of the board and
other committeess 23amd 1990 No. 92 s 49; 1996 No. 65 s 52
sch 2Delegationss 24sub
1995 No. 20 s 7 sch 2; 1996 No. 65 s 52 sch 2Accounts and
audits 25amd 1995 No. 58 s 4 sch 1Funds
of the boards 26amd 1997 No. 17 s 74 schBudget
of the boards 27amd 1990 No. 92 s 50; 1995 No. 58 s 4
sch 1Observance of budgets 28amd
1995 No. 58 s 4 sch 1Board is statutory bodys
30sub 1996 No. 54 s 9 schTemporary
finances 31om 1996 No. 54 s 9 schConsequences if money borrowed other than
under the Statutory Bodies FinancialArrangements Act
1982prov hdgsub 1996 No. 54 s
9 schs 32amd 1996 No. 54 s 9 sch; 1996 No. 65 s
52 sch 2Division 4—Officers of the Boarddiv
hdgom 1996 No. 65 s 52 sch 2Appointment of officerss 33amd
1995 No. 20 s 7 sch 2; 1996 No. 37 s 147 sch 2om 1996 No. 65 s
52 sch 2Functions and powers of subject advisory
committeess 37amd 1995 No. 20 s 12; 1996 No. 65 s 52
sch 2PART3—OFFICEOFTHEBOARDOFSENIORSECONDARYSCHOOLSTUDIESpt
hdgsub 1996 No. 65 s 52 sch 2
34Education (Senior Secondary School
Studies) Act 1988Office of the Board of Senior Secondary School
Studiess 38sub 1995 No. 20 s 7 sch 2; 1996 No. 65
s 52 sch 2Office’s function and powerss
39amd 1995 No. 58 s 4 sch 1sub
1996 No. 65 s 52 sch 2Director and staff of the offices
40sub 1995 No. 20 s 7 sch 2; 1996 No. 65 s 52
sch 2Control of the offices 41prev
s 41 om 1995 No. 20 s 7 sch 2pres s 41 ins
1995 No. 20 s 13sub 1996 No. 65 s 52 sch 2amd
1997 No. 83 s 50PART 4—GENERAL PROVISIONSpt hdgsub
1995 No. 20 s 13; 1996 No. 65 s 52 sch 2Delegation by
Ministers 42amd R1 (see RA s 38)sub
1996 No. 65 s 52 sch 2Administrative support for board and
offices 43amd R1 (see RA s 38)sub
1996 No. 65 s 52 sch 2Board’s annual reports
44prev s 44 om R1 (see RA s 38)pres
s 44 ins 1996 No. 65 s 52 sch 2amd 2000 No. 23 s
293 sch 2Regulationss 45prev
s 45 om R1 (see RA s 38)pres s 45 ins 1996 No. 65 s 52 sch
2PART 5—TRANSITIONALpt hdgprev
pt 5 hdg om R1 (see RA s 40); 1991 No. 23 s 20 schpres
pt 5 hdg ins 1996 No. 65 s 52 sch 2Definitions for pt
5s 46prev s 46 om R1 (see RA s 38)pres
s 46 ins 1996 No. 65 s 52 sch 2Board to be
re-constituteds 47prev s 47 om R1 (see RA s 38)pres
s 47 ins 1996 No. 65 s 52 sch 2Dissolution of
former offices 48prev s 48 om R1 (see RA s 40); 1991
No. 23 s 20 schpres s 48 ins 1996 No. 65 s 52 sch 2Staff
of the offices 49prev s 49 om R1 (see RA s 40); 1991
No. 23 s 20 schpres s 49 ins 1996 No. 65 s 52 sch
2