Education (Queensland Studies Authority) Act 2002

Queensland Education (Queensland Studies Authority) Act 2002 Current as at 1 January 2014 Reprint note This is the last reprint before repeal. Repealed on 1 July 2014 by 2014 Act No. 3 s 93.

Information about this reprint This reprint shows the legislation current as at the date on the cover and is authorised by the Parliamentary Counsel. A new reprint of the legislation will be prepared by the Office of the Queensland Parliamentary Counsel when any change to the legislation takes effect. This change may be because a provision of the original legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed. When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is necessary to replace this reprint before a new reprint is prepared, for example, to include amendments with a retrospective commencement, an appropriate note would be included on the cover of the replacement reprint and on the copy of this reprint at www.legislation.qld.gov.au. The endnotes to this reprint contain detailed information about the legislation and reprint. For example— • The table of reprints endnote lists any previous reprints and, for this reprint, gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. • The list of legislation endnote gives historical information about the original legislation and the legislation which amended it. It also gives details of uncommenced amendments to this legislation. For information about possible amendments to the legislation by Bills introduced in Parliament, see the Queensland Legislation Current Annotations at www.legislation.qld.gov.au/Leg_Info/ information.htm. • The list of annotations endnote gives historical information at section level. All Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints are not continued.

Queensland Education (Queensland Studies Authority) Act 2002 Contents Part 1 Division 1 1 2 Division 2 3 Division 3 4 Division 4 5 Part 2 Division 1 6 Division 2 7 7A 8 9 10 10A 11 12 13 14 14A Page Preliminary Introduction Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Objects Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Guiding principles for achieving Act’s objects Guiding principles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Interpretation Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Establishment, functions and powers of Queensland Studies Authority Establishment Establishment of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Functions Authority’s functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Application of div 2 to recognised schools . . . . . . . . . . . . . . . . . . 10 Development and purchase functions . . . . . . . . . . . . . . . . . . . . . 10 Accreditation function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Testing functions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Testing functions for common national tests. . . . . . . . . . . . . . . . . 12 Assessment functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Moderation function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Certification functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Vocational education and training functions . . . . . . . . . . . . . . . . . 14 Student account functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Education (Queensland Studies Authority) Act 2002 Contents 15 Tertiary entrance functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Research function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Other functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3 Authority’s powers 18 Powers of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4 Tests and notifications of syllabuses and guidelines 19 Tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19A Common national tests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Notification of approved or accredited syllabus or guideline . . . . 21 Notice to be given to nominated body . . . . . . . . . . . . . . . . . . . . . Part 2A Student accounts Division 1 Preliminary 21A Explanation and purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21B Definitions for pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21C Meaning of student account phase . . . . . . . . . . . . . . . . . . . . . . . Division 2 Opening student accounts Subdivision 1 Accounts for young persons about to enter, or in, the compulsory participation phase 21D When an account must be opened. . . . . . . . . . . . . . . . . . . . . . . . 21E Who must open an account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21F How an account is opened . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21G Obligation to open an account for young persons in other circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 1A Accounts for students of recognised schools 21GA Who may have an account opened under sdiv 1A . . . . . . . . . . . . 21GB Who may open an account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21GC How an account is opened . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Accounts for other persons 21H Who may have an account opened under sdiv 2 . . . . . . . . . . . . . 21I How an account is opened . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 3 Account numbers for student accounts 21J Authority to assign account number etc. . . . . . . . . . . . . . . . . . . . Division 3 Provision of account information to the authority Subdivision 1 Providers’ obligations to give information 21K Obligation to notify enrolment—eligible option . . . . . . . . . . . . . . . 21L Obligation to notify enrolment—certification studies . . . . . . . . . . 15 16 16 17 18 19 19 20 20 21 22 22 22 22 23 25 25 25 26 26 27 28 29 Page 2

Education (Queensland Studies Authority) Act 2002 Contents 21M 21N 21O Subdivision 1A 21OA 21OB 21OC 21OD Subdivision 2 21P 21Q Subdivision 3 21R Division 4 21S 21T 21U 21V 21W 21X Division 5 21Y 21Z 21ZA 21ZB 21ZC Part 3 22 23 23A 24 Obligation to notify results—certification studies . . . . . . . . . . . . . Obligation to notify other matters . . . . . . . . . . . . . . . . . . . . . . . . . Authority to record information in account . . . . . . . . . . . . . . . . . . Obligation of recognised school to give information Obligation to notify enrolment. . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligation to notify results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligation to notify other matters . . . . . . . . . . . . . . . . . . . . . . . . . Authority to record information in account . . . . . . . . . . . . . . . . . . Persons who may give information on behalf of providers VETE chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authorised agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information not given by a provider under subdivision 1 Circumstances in which information must be recorded in account ....................................... Use and disclosure of account information by authority Use by authority and disclosure to providers or recognised schools for verification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure to providers, their agents, or recognised schools, for other purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure to the chief executive . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure to person for whom account is kept and the person’s parents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure of aggregated information to relevant entities. . . . . . . Disclosure to VETE chief executive . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Student visa holder. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Closing student account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consultation about proposed regulations. . . . . . . . . . . . . . . . . . . Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minister’s powers in relation to authority Minister may refer matter to authority. . . . . . . . . . . . . . . . . . . . . . Minister’s power to give directions in the public interest . . . . . . . . Minister’s power to give directions about intellectual property . . . Power to require production of document. . . . . . . . . . . . . . . . . . . 29 30 32 32 33 33 34 35 35 36 36 38 40 41 42 42 43 44 44 44 45 46 46 47 48 Page 3

Education (Queensland Studies Authority) Act 2002 Contents Part 4 Division 1 25 26 27 28 29 30 31 32 33 34 Division 2 35 36 37 38 39 40 41 42 43 44 Division 3 45 46 47 48 Division 4 49 50 51 52 Matters concerning authority Membership Membership of authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nomination by entities for membership of authority . . . . . . . . . . . Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chairperson of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deputy chairperson of authority . . . . . . . . . . . . . . . . . . . . . . . . . . Disqualification from membership . . . . . . . . . . . . . . . . . . . . . . . . Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When notice of resignation takes effect . . . . . . . . . . . . . . . . . . . . Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Remuneration of an appointed member . . . . . . . . . . . . . . . . . . . . Authority business Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of authority meetings. . . . . . . . . . . . . . . . . . . . Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding at authority meetings . . . . . . . . . . . . . . . . . . . . . . . . . . Official member may appoint nominee . . . . . . . . . . . . . . . . . . . . . Attendance by proxy by member . . . . . . . . . . . . . . . . . . . . . . . . . Participation of director in authority meetings . . . . . . . . . . . . . . . Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authority committees Executive committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Participation of director in executive committee meetings . . . . . . Other committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Remuneration of authority committee members . . . . . . . . . . . . . Financial provisions Authority is statutory body under the Financial Accountability Act 2009 ..................................... Authority is statutory body under the Statutory Bodies Financial Arrangements Act 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compliance with approved budget . . . . . . . . . . . . . . . . . . . . . . . . 49 51 51 51 51 52 53 54 54 55 55 55 55 56 56 56 57 57 58 58 59 59 60 60 61 61 61 61 Page 4

Division 5 53 54 55 56 Part 5 Division 1 57 Division 2 58 Division 3 59 60 61 62 63 64 65 66 67 68 Division 4 69 69A Part 6 70 71 72 72A 73 74 75 76 77 Education (Queensland Studies Authority) Act 2002 Contents Other provisions about the authority Performance of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Change in requirements for certification. . . . . . . . . . . . . . . . . . . . Delegation by authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Time within which authority to do something under this Act. . . . . Office of the Queensland Studies Authority Establishment Establishment of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Office’s function and powers Function and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The director Appointment of director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Terms of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Function of director. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Director must act independently etc. . . . . . . . . . . . . . . . . . . . . . . Delegation by director. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ending of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Preservation of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Superannuation for director who was previously a public service officer ......................................... Acting director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Staff of the office Office staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Employment of casual staff to help authority to perform its functions under s 10, 11, 12 or 13 . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Protecting persons from liability . . . . . . . . . . . . . . . . . . . . . . . . . . Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chief executive may carry on education planning activities . . . . . Administrative support for authority . . . . . . . . . . . . . . . . . . . . . . . Authority’s annual report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of Minister administering vocational education and training department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 62 62 63 63 64 64 64 64 65 65 65 65 66 66 67 67 67 68 68 68 68 69 69 69 70 70 Page 5

Education (Queensland Studies Authority) Act 2002 Contents 78 79 Part 7 Division 1 80 Division 2 81 82 83 84 85 86 87 88 89 Division 3 90 Division 4 91 92 93 94 Schedule 2 Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repeal, transitional and validating provisions Repeal of Acts Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dissolution of former bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . References to repealed Act or former body . . . . . . . . . . . . . . . . . Authority is the legal successor . . . . . . . . . . . . . . . . . . . . . . . . . . Agreements and proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . Assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Syllabuses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Work program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Possible issue of certificate of achievement not to be jeopardised .................................. Validation provision for Education (Accreditation of Non-State Schools) and Other Legislation Amendment Act 2005 Validation of employment of certain casual staff . . . . . . . . . . . . . Transitional provisions for Education Legislation Amendment Act 2006 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approved and accredited syllabuses . . . . . . . . . . . . . . . . . . . . . . Work programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Student accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 71 73 73 74 74 74 74 74 75 75 76 76 77 77 77 78 80 Endnotes 1 2 3 4 5 6 7 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forms notified or published in the gazette . . . . . . . . . . . . . . . . . . . . . 88 88 89 89 90 92 99 Page 6

Education (Queensland Studies Authority) Act 2002 Part 1 Preliminary [s 1] Education (Queensland Studies Authority) Act 2002 [as amended by all amendments that commenced on or before 1 January 2014] An Act to establish the Queensland Studies Authority, to confer functions on the authority including functions about developing, purchasing and accrediting 1–12 syllabuses, preparatory guidelines and kindergarten guidelines, testing, assessment, moderation, certification, vocational education and training and tertiary entrance, to establish the Office of the Queensland Studies Authority, and for other purposes Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Education (Queensland Studies Authority) Act 2002 . 2 Commencement This Act commences on a day to be fixed by proclamation. Division 2 Objects 3 Objects of Act (1) The objects of this Act are— Current as at 1 January 2014 Page 7

Education (Queensland Studies Authority) Act 2002 Part 1 Preliminary [s 3] (a) to help schools to achieve quality learning outcomes for their students; and (b) to facilitate the transition of students through the sectors of education; and (c) to maintain public confidence in certificates of achievement and statements of results; and (d) to help achieve the objects of the Education (General Provisions) Act 2006 mentioned in section 5(1)(c) of that Act. (2) The objects are to be achieved mainly by— (a) establishing the Queensland Studies Authority; and (b) conferring on the authority functions about— (i) the development or purchase, and approval, of 1–12 syllabuses, preparatory guidelines and kindergarten guidelines; and (ii) the accreditation of 1–12 syllabuses, preparatory guidelines and kindergarten guidelines; and (iii) the testing and assessment of persons; and (iv) moderation; and (v) the issue of certificates of achievement and statements of results; and (vi) vocational education and training; and (vii) tertiary entrance; and (viii) the participation of young people in education and training; and (c) establishing the Office of the Queensland Studies Authority to help the authority in the performance of the authority’s functions. Page 8 Current as at 1 January 2014

Division 3 Education (Queensland Studies Authority) Act 2002 Part 1 Preliminary [s 4] Guiding principles for achieving Act’s objects 4 Guiding principles The principles intended to guide the achievement of this Act’s objects are the following— (a) collaboration and consultation should be promoted— (i) across the sectors of education; and (ii) across State schools and non-State schools; (b) students should be encouraged, through flexible learning pathways, to gain— (i) a certificate of achievement on completion of secondary education; or (ii) an equivalent qualification as provided for under the Australian Qualifications Framework; (c) the professional role of teachers in schools should be recognised; (d) the diverse educational needs of students should be catered for; (e) students should be helped to achieve their educational career goals. Division 4 Interpretation 5 Definitions The dictionary in schedule 2 defines particular words used in this Act. Current as at 1 January 2014 Page 9

Education (Queensland Studies Authority) Act 2002 Part 2 Establishment, functions and powers of Queensland Studies Authority [s 6] Part 2 Establishment, functions and powers of Queensland Studies Authority Division 1 Establishment 6 Establishment of authority (1) The Queensland Studies Authority is established. (2) The authority— (a) is a body corporate; and (b) has a common seal; and (c) may sue and be sued in its corporate name. Division 2 Functions 7 Authority’s functions This division states the authority’s functions. 7A Application of div 2 to recognised schools This division applies to recognised schools to the extent stated. 8 Development and purchase functions (1) The authority has the following functions— (a) to develop and revise 1–12 syllabuses, preparatory guidelines and kindergarten guidelines; (b) to purchase and revise 1–12 syllabuses, preparatory guidelines and kindergarten guidelines developed by entities other than the authority; Page 10 Current as at 1 January 2014

Education (Queensland Studies Authority) Act 2002 Part 2 Establishment, functions and powers of Queensland Studies Authority [s 9] (c) to approve 1–12 syllabuses and preparatory guidelines, developed, purchased or revised by the authority, for implementation at schools; (d) to approve kindergarten guidelines, developed, purchased or revised by the authority, for implementation in education and care services; (e) to develop and revise documents to support the implementation at schools of approved syllabuses or approved preparatory guidelines; (f) to develop and revise documents to support the implementation in education and care services of approved kindergarten guidelines; (g) to develop resources and services for the professional development of teachers, in support of the implementation at schools of approved syllabuses or approved preparatory guidelines; (h) to develop resources and services for the professional development of educators in education and care services in support of the implementation in education and care services of approved kindergarten guidelines. (2) In performing its function to revise 1–12 syllabuses, preparatory guidelines or kindergarten guidelines under subsection (1)(b), the authority must exercise its powers subject to the terms on which the syllabuses or guidelines were purchased. (3) In this section— purchase , a syllabus or guideline, includes enter into an agreement allowing the authority to approve the syllabus or guideline for implementation at schools or in education and care services. 9 Accreditation function The authority has the function to— Current as at 1 January 2014 Page 11

Education (Queensland Studies Authority) Act 2002 Part 2 Establishment, functions and powers of Queensland Studies Authority [s 10] (a) accredit 1–12 syllabuses and preparatory guidelines, developed by entities other than the authority, for implementation at schools; and (b) accredit kindergarten guidelines, developed by entities other than the authority, for implementation in education and care services. 10 Testing functions The authority has, for a test required under a regulation, the following functions— (a) to develop, revise and mark the test; (b) to develop procedures for the administration of the test by schools or the authority; (c) to analyse systemic information about the performance of persons who undertook the test and to report the results of the analysis to the Minister, the chief executive, AISQ and QCEC; (d) to give the principal of a school individual results of the school’s students who undertook the test; (e) to give a person who undertook the test the person’s results in the test. 10A Testing functions for common national tests The authority has, for implementing common national tests, the following functions— (a) to participate in the development or revision of the tests; (b) to implement procedures for administering the tests by schools or the authority; (c) to mark the tests; (d) to analyse systemic information about the performance of persons who undertake the tests and report the results of the analysis to the Minister, the chief executive, AISQ and QCEC; Page 12 Current as at 1 January 2014

Education (Queensland Studies Authority) Act 2002 Part 2 Establishment, functions and powers of Queensland Studies Authority [s 11] (e) to give the principal of a school individual results of the school’s students who undertake the tests; (f) to give a person who undertakes the tests the person’s results in the tests. 11 Assessment functions (1) The authority has the function to decide on procedures, and to carry out arrangements, for the assessment of persons in school subjects that are certification studies. (2) Also, the authority has, for an assessment prescribed under a regulation, the following functions— (a) to develop and revise documents for the assessment; (b) to develop procedures for the administration of the assessment. (3) In addition, the authority has the following functions— (a) to collect, and analyse, assessment data; (b) to report the results of the analysis to the Minister, the chief executive, AISQ and QCEC. (4) The authority has the function mentioned in subsection (1) in relation to recognised schools. 12 Moderation function (1) The authority has the function to decide on procedures, and to make arrangements, for moderation. (2) The authority has the function mentioned in subsection (1) in relation to recognised schools. 13 Certification functions (1) The authority has the following functions— (a) to issue— Current as at 1 January 2014 Page 13

Education (Queensland Studies Authority) Act 2002 Part 2 Establishment, functions and powers of Queensland Studies Authority [s 14] (i) the QCE and other certificates of achievement of the types provided for under a regulation; and (ii) statements of results of the types provided for under a regulation; (b) to review, and make recommendations to the Minister about, the requirements for issuing the certificates and statements mentioned in paragraph (a); (c) to inform the public about— (i) the certificates and statements mentioned in paragraph (a); and (ii) the requirements for issuing the certificates and statements mentioned in paragraph (a). (2) Also, the authority has the function to approve work programs, for use by the schools that developed the work programs, for school subjects that are certification studies. (3) In addition, the authority has the function to recognise the results of a person in certification studies, other than school subjects for which— (a) there is an approved syllabus; or (b) a work program has been approved under subsection (2). (4) The authority has the functions mentioned in subsection (1)(a) in relation to recognised schools. 14 Vocational education and training functions The authority has the following functions— (a) to exercise powers delegated to the authority, by the National VET Regulator under the National Vocational Education and Training Regulator Act 2011 (Cwlth) , section 224; (b) to inform the public about training organisations registered under the delegation; (c) to advise the Minister administering the vocational education and training department about vocational Page 14 Current as at 1 January 2014

Education (Queensland Studies Authority) Act 2002 Part 2 Establishment, functions and powers of Queensland Studies Authority [s 14A] education and training matters relevant to the authority’s functions. 14A Student account functions (1) The authority has the following functions— (a) to keep student accounts under part 2A for— (i) young persons in the student account phase; and (ii) other persons for whom student accounts are opened under part 2A, division 2, subdivision 1A or 2; (b) to deal with information recorded in the accounts in the way permitted or required under that part. (2) The authority has the functions mentioned in subsection (1) in relation to recognised schools. 15 Tertiary entrance functions The authority has the following functions— (a) after consulting with the Minister, to decide the authority’s tertiary entrance procedures and requirements; (b) to rank persons as a basis for tertiary entrance as provided for under the authority’s tertiary entrance procedures and requirements; (c) to issue tertiary entrance statements; (d) to monitor, review, and recommend to the Minister changes to, the tertiary entrance requirements of tertiary institutions established in the State; (e) to inform the public about tertiary entrance procedures and requirements; (f) to confer and collaborate about tertiary entrance with the following, and other, entities having an interest in tertiary education— Current as at 1 January 2014 Page 15

Education (Queensland Studies Authority) Act 2002 Part 2 Establishment, functions and powers of Queensland Studies Authority [s 16] (i) universities; (ii) TAFE institute councils of TAFE institutes established under the Vocational Education, Training and Employment Act 2000 ; (iii) TAFE Queensland; (iv) Queensland Tertiary Admissions Centre Ltd ACN 050 542 633; (v) the department in which the Education (General Provisions) Act 2006 is administered; (vi) AISQ and QCEC; (vii) the principals of schools; (viii) the vocational education and training department; (ix) registered training organisations under the National Vocational Education and Training Regulator Act 2011 (Cwlth) ; (g) to review, and to make recommendations to the Minister about, tertiary entrance. 16 Research function The authority has the function to undertake research about matters relevant to its functions stated in sections 8 to 15 and 17. 17 Other functions The authority also has the following functions— (a) to decide the equivalent level of school education, or school qualification, in the State of a level of education reached, or qualification obtained, by a person at an educational institution established outside the State; (b) to give a person, on request, a copy of any of the following that was issued to the person— Page 16 Current as at 1 January 2014

Education (Queensland Studies Authority) Act 2002 Part 2 Establishment, functions and powers of Queensland Studies Authority [s 18] (i) a certificate, about the completion of the person’s studies, under the Education Act 1964 or the Education (Senior Secondary School Studies) Act 1988 ; (ii) a certificate of achievement; (iii) a statement of results of a type prescribed under a regulation; (c) to advise the Minister, and inform the public, about matters relevant to the authority’s functions; (d) to give information, obtained by the authority in the performance of its functions, to the Commonwealth, a State or an entity of the Commonwealth or a State; (e) to perform other functions conferred on the authority under this, or another, Act. Division 3 Authority’s powers 18 Powers of authority (1) The authority has all the powers of an individual, and may, for example— (a) enter into contracts; and (b) acquire, hold, dispose of, and deal with, property; and (c) appoint agents and attorneys; and (d) engage consultants; and (e) produce documents in performing its functions; and (f) charge for advertising in the documents; and (g) fix charges, and other terms, for services and other facilities it supplies; and (h) do anything else necessary or convenient to be done in performing its functions. Current as at 1 January 2014 Page 17

Education (Queensland Studies Authority) Act 2002 Part 2 Establishment, functions and powers of Queensland Studies Authority [s 19] (2) However, the authority must not enter into an agreement about real property, including, for example, leasing premises for its accommodation, unless the Minister has approved its entering into the agreement. (3) Without limiting subsection (1), the authority has the powers given to it under this, or another, Act. (4) The authority may exercise its powers inside or outside Queensland. (5) Without limiting subsection (4), the authority may exercise its powers outside Australia. Division 4 Tests and notifications of syllabuses and guidelines 19 Tests (1) A regulation may require the authority to develop tests for the assessment of particular skills or knowledge of persons. Examples of a test — 1 a test to assess the literacy skills of students in the year 5 year of schooling 2 a core skills test (2) After the authority develops or revises a test required under the regulation (an approved test ), it must give notice about the approved test to— (a) the Minister; and (b) the governing body of each non-State school. (3) If a school administers an approved test, the school’s principal must give the authority the test script of each of the school’s students who undertook the test. (4) This section is subject to section 21. Page 18 Current as at 1 January 2014

Education (Queensland Studies Authority) Act 2002 Part 2 Establishment, functions and powers of Queensland Studies Authority [s 19A] 19A Common national tests (1) If the authority participates in the development or revision of a common national test, the authority must, as soon as practicable after the development or revision, give a notice stating the type of test developed, or the test that has been revised, to— (a) the Minister; and (b) the governing body of each non-State school. (2) If a school administers a common national test, the school’s principal must give the authority the test script of each of the school’s students who undertakes the test. (3) This section is subject to section 21. 20 Notification of approved or accredited syllabus or guideline (1) This section applies if the authority— (a) approves a 1–12 syllabus, preparatory guideline or kindergarten guideline developed, purchased or revised by it under this Act; or (b) accredits a 1–12 syllabus, preparatory guideline or kindergarten guideline under this Act. (2) The authority must give notice about the approved or accredited syllabus or guideline to— (a) the Minister; and (b) for a 1–12 syllabus or preparatory guideline—the governing body of each non-State school; and (c) for a kindergarten guideline—each provider of an education and care service other than a service that provides education and care only to children over preschool age. (3) This section is subject to section 21. Current as at 1 January 2014 Page 19

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21] 21 Notice to be given to nominated body (1) If a non-State school’s governing body gives the authority a notice asking that notices mentioned in this division be given to a nominated body instead of the governing body, the authority must comply with the request. (2) If the authority complies with the request, it is taken to have complied with the requirement that a notice mentioned in this division be given by it to the governing body. Part 2A Student accounts Division 1 Preliminary 21A Explanation and purposes (1) This part provides for the keeping of a record (a student account ) for a person— (a) about the person’s participation in eligible options during the compulsory participation phase, if the person is in the compulsory participation phase; and (b) of the person’s results in certification studies. (2) The purposes for which student accounts are kept are— (a) supporting the authority in performing its certification functions under section 13; and (b) making information available to the chief executive to enable the chief executive to carry on planning activities; and (c) for student accounts kept for young persons in the compulsory participation phase—making information available to the chief executive to enable the chief executive to carry on re-engagement activities. Page 20 Current as at 1 January 2014

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21B] 21B Definitions for pt 2A In this part— aggregated information means information, about persons for whom student accounts are kept, that— (a) comprises or includes, or is derived from, information given to the authority under this part; and (b) could not reasonably be expected to result in the identification of any of the persons to whom it relates. eligible option see the E(GP) Act, section 232. exempt provider means a provider for certification studies that are not a component of an eligible option, if the provider does not provide educational instruction in the studies in Queensland. planning activities means— (a) planning activities under the E(GP) Act, section 6; and (b) education planning activities. provider — (a) generally, means a provider for— (i) an eligible option; or (ii) certification studies that are not a component of an eligible option; or (b) for an eligible option, see the E(GP) Act, section 232; or (c) for certification studies that are not a component of an eligible option, means an entity that— (i) provides educational instruction in the studies, or carries out the assessment of persons for the studies, in Queensland; and (ii) issues persons’ results in the studies. re-engagement activities see the E(GP) Act, section 6. student visa holder means a person who holds a student visa issued under the Migration Act 1958 (Cwlth). Current as at 1 January 2014 Page 21

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21C] 21C Meaning of student account phase A young person is in the student account phase if— (a) the person is in the compulsory participation phase; or (b) the person is not yet in the compulsory participation phase but a student account has been opened for the person. Division 2 Opening student accounts Subdivision 1 Accounts for young persons about to enter, or in, the compulsory participation phase 21D When an account must be opened A student account must be opened for a young person within 1 year before the start of the person’s compulsory participation phase. 21E Who must open an account The following person is responsible for opening a student account for a young person— (a) if the young person is enrolled with a school—the principal of the school; (b) otherwise—the chief executive. 21F How an account is opened (1) A student account is opened for a young person by giving notice to the authority of each of the following— (a) the person’s name and any previous names of the person; (b) the person’s sex; Page 22 Current as at 1 January 2014

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21G] (c) the person’s date of birth; (d) the person’s address; (e) the person’s phone number, if the person consents to it being given to the authority; (f) if the person has a parent—the parent’s name and address; (g) whether the person is an Aboriginal person or Torres Strait Islander; (h) whether the person is a person from a non-English speaking background; (i) each eligible option in which the person proposes to participate when the person starts the compulsory participation phase; (j) whether the person’s participation in each eligible option will be full-time; (k) whether the person is a student visa holder; (l) if the person is enrolled with a school—which year of schooling the person is in; (m) other information prescribed under a regulation. (2) However, subsection (1)(f) does not apply if the person opening the student account is satisfied it would be inappropriate in the circumstances to give notice of the name and address of a parent of the young person. Example — It may be inappropriate to give notice of the name and address of a parent of the young person if the young person is living independently of his or her parents. 21G Obligation to open an account for young persons in other circumstances (1) This section applies if— Current as at 1 January 2014 Page 23

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21G] (a) the authority receives a notice under section 21K about a young person who is in the compulsory participation phase; and (b) there is no student account open for the person. (2) The authority must give the provider a notice asking it to open a student account for the young person. (3) On receiving the request, the provider must open a student account for the young person by giving notice to the authority of the following information relating to the person— (a) the information mentioned in section 21F(1)(a) to (h), (k) and (m); (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. (4) However, the provider is not required to give notice of the information mentioned in section 21F(1)(f) if the provider is satisfied it would be inappropriate in the circumstances to give notice of the name and address of a parent of the young person. Example — It may be inappropriate to give notice of the name and address of a parent of the young person if the young person is living independently of his or her parents. Page 24 Current as at 1 January 2014

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21GA] Subdivision 1A Accounts for students of recognised schools 21GA Who may have an account opened under sdiv 1A A student account may be opened for a person who is enrolled to undertake certification studies at a recognised school. 21GB Who may open an account A student account, for a person enrolled to undertake certification studies at a recognised school, may be opened by the school or by the chief executive. 21GC How an account is opened A student account is opened for a person by giving notice to the authority of the following— (a) the person’s name and any previous names of the person; (b) the person’s sex; (c) the person’s date of birth; (d) the person’s address; (e) the person’s phone number if the person consents to the phone number being given to the authority; (f) details of the certification studies in which the person is enrolled when the notice is given to the authority; (g) other information prescribed under a regulation. Current as at 1 January 2014 Page 25

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21H] Subdivision 2 Accounts for other persons 21H Who may have an account opened under sdiv 2 Any person may have a student account opened under this subdivision, other than a person who— (a) is in the student account phase; or (b) is of compulsory school age or younger. 21I How an account is opened (1) A person who wishes to have a student account opened under this subdivision may either— (a) if the person is enrolled with a provider, other than an exempt provider, in certification studies—give the provider the required information and ask the provider to open the account for the person; or (b) give the chief executive the required information and ask the chief executive to open the account for the person. (2) The provider or chief executive must open the account by giving notice to the authority of the required information. (3) The required information is each of the following— (a) the information mentioned in section 21F(1)(a) to (e), (g), (h) and (k); (b) if the person is under 18 years and has a parent—the parent’s name and address; (c) details of each of the certification studies in which the person is enrolled when the required information is given to the provider or chief executive, including the name and type of the provider for the studies, of which the provider or chief executive is aware; (d) other information prescribed under a regulation. Page 26 Current as at 1 January 2014

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21J] (4) However, the information mentioned in subsection (3)(b) is not required information if the provider or chief executive is satisfied it would be inappropriate in the circumstances to give notice of the name and address of a parent of the person. Example — It may be inappropriate to give notice of the name and address of a parent of the person if the person is living independently of his or her parents. Subdivision 3 Account numbers for student accounts 21J Authority to assign account number etc. (1) After a student account is opened for a person, the authority must— (a) assign a number to the account (the account number ); and (b) give notice to the person stating— (i) that the account has been opened; and (ii) the account number; and (iii) other information prescribed under a regulation; and (c) if the name and address of a parent of the person are recorded in the account—give notice to the parent stating— (i) that a student account has been opened for the person; and (ii) the account number; and (d) give notice to the person who opened the account stating— (i) that a student account has been opened for the person; and Current as at 1 January 2014 Page 27

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21K] (ii) the account number. (2) The authority complies with a requirement under subsection (1) to give a notice if an agent of the authority gives the notice on the authority’s behalf. Division 3 Provision of account information to the authority Subdivision 1 Providers’ obligations to give information 21K Obligation to notify enrolment—eligible option If a young person in the student account phase enrols with a provider in a program or course that is a component of an eligible option, the provider must give notice to the authority of the following information— (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) if a student account is open for the person and the provider has the account number for the account—the account number; (e) the eligible option in which the person is participating, or proposes to participate, by enrolling in the program or course; (f) the components of the eligible option being undertaken, or proposed to be undertaken, by the person; (g) the date of enrolment in the program or course; (h) the date the person started, or proposes to start, to comply with the provider’s attendance requirements for the program or course; Page 28 Current as at 1 January 2014

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21L] (i) whether the person’s participation in the eligible option is, or will be, full-time; (j) the name and type of the provider. 21L Obligation to notify enrolment—certification studies (1) This section applies if— (a) a person enrols with a provider, other than an exempt provider, in certification studies; and (b) a student account is open for the person; and (c) the provider has the account number for the person’s student account; and (d) the provider is not required to notify the authority about the enrolment under section 21K. (2) The provider must give notice to the authority of the following information— (a) the person’s name; (b) the account number for the person’s student account; (c) the person’s address; (d) the person’s date of birth; (e) the certification studies in which the person is enrolled; (f) the date of the person’s enrolment in the studies; (g) the name and type of the provider. 21M Obligation to notify results—certification studies (1) A provider must give the authority result information about a person who is or was enrolled with the provider in certification studies if— (a) the person is in the student account phase; or (b) the person is not in the student account phase but— (i) a student account is open for the person; and Current as at 1 January 2014 Page 29

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21N] (ii) the provider has the account number for the person’s student account. (2) The information must be given at the times, and in the ways, prescribed under a regulation. (3) In this section— result information , about a person, means each of the following— (a) the results of the assessment, carried out by the provider, of the person for certification studies; (b) when the results were achieved; (c) qualifications conferred on the person by the provider; (d) when the qualifications were conferred. 21N Obligation to notify other matters (1) This section applies to a provider with which a person is or was enrolled if— (a) the person is in the student account phase; or (b) the person is not in the student account phase but— (i) the person is or was enrolled in certification studies; and (ii) a student account is kept for the person; and (iii) the provider has the account number for the person’s student account. (2) The provider must give notice to the authority of the following matters— (a) if the provider becomes satisfied it is inappropriate in the circumstances for the name and address of a parent of the person to be recorded in the account—that the name and address of the parent must be removed from the account; Page 30 Current as at 1 January 2014

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21N] Example — It may be inappropriate for the name and address of a parent of the person to be recorded in the person’s student account if the person is living independently of his or her parents. (b) if the provider becomes satisfied it is appropriate in the circumstances for the name and address of a parent of the person to be recorded in the account—the name and address of the parent; (c) if the provider is aware that prescribed information has changed or is incorrect—the new or correct information; (d) if the provider is aware that information about the person’s enrolment or results in certification studies, previously notified by the provider to the authority under this part, has changed, is incorrect or is incorrectly recorded in the person’s student account—the new or correct information; (e) if the person stops being enrolled with the provider—the date the person stopped being enrolled with the provider. (3) Subsection (2)(a) and (b) do not apply if the person is 18 years or more. (4) If the person is in the student account phase and the person dies, the provider must, if the provider is aware of the death, give notice of the death to the authority. (5) Notices required to be given under this section must be given at the times prescribed under a regulation. (6) In this section— prescribed information means any of the following recorded in the person’s student account— (a) the person’s name; (b) the person’s sex; (c) the person’s date of birth; (d) the person’s address; Current as at 1 January 2014 Page 31

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21O] (e) the person’s phone number; (f) whether the person is an Aboriginal person or Torres Strait Islander; (g) whether the person is from a non-English speaking background; (h) whether the person is a student visa holder. 21O Authority to record information in account (1) This section applies if the authority receives information— (a) under division 2 about a person for whom a student account is opened; or (b) under this subdivision about a person for whom a student account is open. (2) The authority must ensure information is recorded in the student account in accordance with the information received. Subdivision 1A Obligation of recognised school to give information 21OA Obligation to notify enrolment (1) This section applies if— (a) a person enrols in certification studies at a recognised school; and (b) a student account is open for the person; and (c) the recognised school has the account number for the person’s student account. (2) The recognised school must give notice to the authority of the following information— (a) the person’s name; (b) the account number for the person’s student account; Page 32 Current as at 1 January 2014

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21OB] (c) the person’s address; (d) the person’s date of birth; (e) the certification studies in which the person is enrolled; (f) the date of the person’s enrolment in the studies. 21OB Obligation to notify results (1) A recognised school must give the authority result information about a person who is or was enrolled in certification studies at the school if— (a) a student account is open for the person; and (b) the recognised school has the account number for the person’s student account. (2) The information must be given at the times, and in the way, prescribed under a regulation. (3) In this section— qualifications , for certification studies, includes qualifications conferred by an entity other than the recognised school. result information , about a person, means each of the following— (a) the results of the assessment of the person, for certification studies, carried out by the recognised school; (b) when the results were achieved; (c) any qualifications, for certification studies, that have been conferred on the person; (d) when the qualifications were conferred. 21OC Obligation to notify other matters (1) This section applies to a recognised school at which a person is or was enrolled in certification studies if— (a) a student account is open for the person; and Current as at 1 January 2014 Page 33

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21OD] (b) the recognised school has the account number for the person’s student account. (2) The recognised school must give notice to the authority of the following matters— (a) if the recognised school is aware that prescribed information has changed or is incorrect—the new or correct information; (b) if the recognised school is aware that information about the person’s enrolment or results in certification studies, previously notified by the recognised school to the authority has changed, is incorrect or is incorrectly recorded in the person’s student account—the new or correct information; (c) if the person stops being enrolled with the recognised school—the date the person stopped being enrolled with the school. (3) If the person dies and the recognised school is aware of the death, the recognised school must give notice of the death to the authority. (4) Notices required to be given under this section must be given at the times prescribed under a regulation. (5) In this section— prescribed information means any of the following recorded in the person’s student account— (a) the person’s name; (b) the person’s sex; (c) the person’s date of birth; (d) the person’s address; (e) the person’s phone number. 21OD Authority to record information in account (1) This section applies if the authority receives information— Page 34 Current as at 1 January 2014

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21P] (a) under division 2 about a person for whom a student account is opened; or (b) under this subdivision about a person for whom a student account is open. (2) The authority must ensure information is recorded in the student account in accordance with the information received. Subdivision 2 Persons who may give information on behalf of providers 21P VETE chief executive (1) This section applies to a provider that is a TAFE institute, TAFE Queensland or a registered training organisation. (2) The provider complies with a requirement under this part to give notice to the authority if, with the written agreement of the VETE chief executive, it gives the relevant information to the VETE chief executive and asks the VETE chief executive to give the notice on its behalf. (3) Notice given by the VETE chief executive on behalf of the provider is taken to have been given by the provider. (4) In this section— registered training organisation see the VETE Act, section 14. TAFE institute see the VETE Act, section 191. 21Q Authorised agent (1) This section applies to a provider to which section 21P does not apply. (2) The provider may enter into a written agreement with an entity (an authorised agent ) authorising the entity to act as the provider’s agent for complying with the provider’s obligations to give notices under this part. Current as at 1 January 2014 Page 35

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21R] (3) A provider complies with a requirement under this part to give notice to the authority if an authorised agent for the provider gives the notice to the authority on the provider’s behalf. (4) Notice given by an authorised agent on behalf of a provider is taken to have been given by the provider. Subdivision 3 Information not given by a provider under subdivision 1 21R Circumstances in which information must be recorded in account (1) This section applies to information, about a person for whom a student account is open, held or obtained by the authority, other than information obtained from a provider under subdivision 1. (2) The authority must record the information in the person’s student account in the circumstances prescribed under a regulation. Division 4 Use and disclosure of account information by authority 21S Use by authority and disclosure to providers or recognised schools for verification (1) The authority may use information recorded in a student account to perform its certification functions under section 13. (2) The authority may disclose prescribed information for a student account, to the extent necessary for the authority to ensure the accuracy of the information, to— (a) a relevant provider; or (b) for a student account for a person enrolled in certification studies at a recognised school—the recognised school. Page 36 Current as at 1 January 2014

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21S] (3) However, the authority may disclose information about the enrolment or results, in certification studies, of the person for whom the student account is kept, only to the provider or recognised school for the studies. (4) If the authority discloses information under subsection (2), the provider or recognised school must, as soon as practicable, give notice to the authority stating— (a) whether the disclosed information is correct; and (b) if the disclosed information is incorrect—the correct information. (5) If the authority is notified under subsection (4) that the disclosed information is incorrect, the authority must— (a) ensure the incorrect information is corrected or removed from the account; and (b) give the person for whom the student account is kept notice of the changes made to information recorded in the account. (6) In this section— prescribed information , for a student account, means— (a) if the student account is kept for a young person in the student account phase—the account number for the account and any of the information recorded in the account; or (b) otherwise—the account number for the student account and any of the following information recorded in the account— (i) the person’s name; (ii) the person’s address; (iii) information about the person’s enrolment or results in certification studies. relevant provider means a provider the authority reasonably believes will be able to confirm the accuracy of the prescribed information. Current as at 1 January 2014 Page 37

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21T] 21T Disclosure to providers, their agents, or recognised schools, for other purposes (1) This section prescribes, for a provider, a prescribed agent for a provider, or a recognised school— (a) the information recorded in the student account kept for a person to which the authority must give the provider, agent or recognised school access (the accessible information ); and (b) the purpose of the access. (2) For a relevant provider for the person, if the provider is a school— (a) the accessible information is all of the information; and (b) the purpose of the access is to help the provider— (i) comply with section 21N; and (ii) manage the educational program provided to the person. (3) For a relevant provider for the person, other than a school— (a) the accessible information is— (i) identifying information about the person; and (ii) information about certification studies in which the person is or was enrolled with the provider; and (b) the purpose of the access is to— (i) enable the provider to verify identifying information about the person held by the provider for ensuring information notified by the provider to the authority under division 3 relates to the correct person for whom a student account is kept; and (ii) help the provider comply with section 21N. (4) For a prescribed agent for a relevant provider for the person— (a) the accessible information is identifying information about the person; and Page 38 Current as at 1 January 2014

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21T] (b) the purpose of the access is to enable the agent to verify identifying information about the person given to the agent by the provider for ensuring information notified for the provider to the authority under division 3 relates to the correct person for whom a student account is kept. (5) For a recognised school for the person— (a) the accessible information is all of the information; and (b) the purpose of the access is to help the recognised school— (i) comply with section 21OC; and (ii) manage the educational program provided to the person. (6) In this section— identifying information , about a person, means the following information— (a) the person’s name; (b) the person’s sex; (c) the account number for the person’s student account; (d) the person’s date of birth. prescribed agent , for a provider, means— (a) for a TAFE institute, TAFE Queensland or a registered training organisation under section 21P that has entered into an agreement mentioned in section 21P(2)—the VETE chief executive, to the extent the accessible information is covered by the agreement; or (b) for a provider other than a TAFE institute, TAFE Queensland or a registered training organisation under section 21P—an authorised agent for the provider. recognised school , for a person, means the recognised school at which the person is enrolled in certification studies. relevant provider , for a person, means a provider with whom the person is enrolled in certification studies. Current as at 1 January 2014 Page 39

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21U] 21U Disclosure to the chief executive (1) To enable the chief executive to carry on planning activities, the authority must give the chief executive the aggregated information the chief executive asks for. (2) The authority must include, in its annual report for a financial year under the Financial Accountability Act 2009 , the details of each request under subsection (1) received during the financial year. (3) To enable the chief executive to carry on re-engagement activities, the authority must give the chief executive any of the prescribed information the chief executive asks for about a 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 in a course or program that is a component of an eligible option; and (c) after a period of at least 3 months, has or have not re-enrolled with a provider in a course or program that is a component of an eligible option. (4) In this section— prescribed information , about a young person mentioned in subsection (3), means the account number for the person’s student account and 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 in the course or program; (e) any eligible option in which the person was participating immediately before the person stopped being enrolled with the provider in the course or program and the Page 40 Current as at 1 January 2014

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21V] components of the eligible option that were being undertaken by the person; (f) the name and type of the provider for an eligible option mentioned in paragraph (e); (g) any eligible option in which the person is participating and the components of the eligible option being undertaken by the person; (h) the name and type of the provider for an eligible option mentioned in paragraph (g). 21V Disclosure to person for whom account is kept and the person’s parents (1) If a student account is kept for a person, the authority must give the person access to information recorded in the account. (2) Also, subsection (3) applies if— (a) a student account is kept for— (i) a young person in the compulsory participation phase; or (ii) a person who is under 18 years and is not in the compulsory participation phase; or (iii) a person who is enrolled in certification studies at a recognised school; and (b) the name and address of a parent of the person are recorded in the account. (3) To help the parent— (a) support the person’s progress towards obtaining a certificate of achievement or statement of results; and (b) if the person is in the compulsory participation phase— comply with the E(GP) Act, section 239(1); the authority must give the parent access to information recorded in the account. Current as at 1 January 2014 Page 41

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21W] (4) Section 75 does not apply to the authority giving access to information under this section. 21W Disclosure of aggregated information to relevant entities The authority must give each of the relevant entities, at the times prescribed under a regulation, the aggregated information prescribed under a regulation relating to the entity. 21X Disclosure to VETE chief executive (1) To enable the VETE department to comply with its reporting obligations under the Commonwealth agreements, the authority must give the VETE chief executive, at the time and in the way prescribed under a regulation, the relevant information for a year. (2) In this section— Commonwealth agreements means— (a) the Commonwealth–State Agreement for Skilling Australia’s Workforce, within the meaning of the Skilling Australia’s Workforce Act 2005 (Cwlth), section 7(1), in force between the Commonwealth and Queensland; and (b) any agreement made between the Commonwealth and Queensland for the Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004 (Cwlth), section 14(1)(b). relevant information means the following information recorded in the student account kept for a relevant student— (a) the student’s name; (b) the account number for the student account; (c) the student’s sex; (d) the student’s date of birth; (e) the student’s address; Page 42 Current as at 1 January 2014

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21Y] (f) whether the student is an Aboriginal person or Torres Strait Islander; (g) whether the student is from a non-English speaking background; (h) each VET course, and, if recorded in the account, each unit of competency that is a component of the course, in which the student was enrolled during the year to which the relevant information relates; (i) the date of the student’s enrolment in the VET course; (j) the name and type of the provider for the VET course; (k) if the student stopped being enrolled in the VET course during the year and the date the student stopped being enrolled is recorded in the account—the date the student stopped being enrolled in the course; (l) any results of the student for the VET course or a unit of competency that is a component of the course. relevant student means a person for whom a student account is kept who was, at any time during the year to which the relevant information relates— (a) enrolled with a school; and (b) undertaking the year 11 or 12 year of schooling; and (c) enrolled in a VET course. unit of competency has the meaning given under the VETE Act, section 19. VET course means a course of vocational education and training provided under the VETE Act that is certification studies. Division 5 Miscellaneous 21Y Student visa holder (1) This section applies despite divisions 2 and 3. Current as at 1 January 2014 Page 43

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21Z] (2) An entity must not open a student account for a student visa holder, or give notice to the authority of the enrolment of a student visa holder, without the holder’s written agreement. 21Z Closing student account (1) This section applies if— (a) a student account is opened for a person; and (b) the authority is notified of the person’s death by— (i) a provider, under section 21N(4); or (ii) a recognised school, under section 21OC(3). (2) The authority must close the account. 21ZA Consultation about proposed regulations Before recommending to the Governor in Council the making of a regulation under section 21F(1)(m), 21N(5), or 21W, the Minister must consult the relevant entities. 21ZB Confidentiality (1) This section applies to a person— (a) who is or has been— (i) the chief executive or a public service employee in the department; or (ii) a provider or an employee of a provider; or (iii) an authorised agent of a provider or an employee of an authorised agent; or (iv) an employee of the authority; or (v) a member of the governing body of a recognised school or an employee of a recognised school; and (b) who, in the course of the administration of this part, or because of opportunity provided by the administration, Page 44 Current as at 1 January 2014

Education (Queensland Studies Authority) Act 2002 Part 2A Student accounts [s 21ZC] has gained or has access to information recorded in a student account. (2) The person must not make a record of the information or disclose the information to anyone else, other than— (a) for a purpose of this Act; or (b) with the consent of the person to whom the information relates; or (c) in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or (d) as permitted or required by another Act. Maximum penalty—50 penalty units. (3) In this section— disclose information includes give access to the information. employee , of a provider, the authority, recognised school or another entity, includes— (a) a person appointed to a position with the entity; and (b) a person engaged by the entity under a contract for services; and (c) an unpaid employee of the entity. 21ZC Delegation by chief executive (1) The chief executive may delegate the chief executive’s functions under this part to an appropriately qualified officer or employee of the department or the VETE department. (2) A delegation of a function may permit the subdelegation of the function to an appropriately qualified officer or employee of the department or the VETE department. (3) In this section— appropriately qualified includes having qualifications, experience or standing appropriate for the function. Current as at 1 January 2014 Page 45

Education (Queensland Studies Authority) Act 2002 Part 3 Minister’s powers in relation to authority [s 22] Example of standing — a person’s classification level in the public service functions includes powers. Part 3 Minister’s powers in relation to authority 22 Minister may refer matter to authority (1) If the Minister considers there is a matter relevant to the authority’s functions that the authority should investigate, the Minister may, by notice given to the authority, refer the matter to the authority for its investigation. (2) The authority must, after completing the investigation, give the Minister a written report about the matter. 23 Minister’s power to give directions in the public interest (1) The Minister may give the authority a written direction about a matter relevant to its functions if the Minister is satisfied it is necessary to give the direction in the public interest. (2) Without limiting subsection (1), the direction may be that the authority develop or purchase a 1–12 syllabus for stated school studies, or a preparatory guideline or kindergarten guideline of a stated type, for its approval under this Act. (3) Also, without limiting subsection (1), the direction may be that the authority must comply with— (a) a policy, standard or other instrument applying to a public sector unit; or (b) another document, including, for example, another policy, standard or instrument. (4) The authority must comply with the direction. Page 46 Current as at 1 January 2014

Education (Queensland Studies Authority) Act 2002 Part 3 Minister’s powers in relation to authority [s 23A] (5) The direction can not be about— (a) the content of a 1–12 syllabus, preparatory guideline or kindergarten guideline; or (b) the approval of a 1–12 syllabus, preparatory guideline or kindergarten guideline developed, purchased or revised by the authority; or (c) the accreditation, under this Act, of a 1–12 syllabus, preparatory guideline or kindergarten guideline; or (d) the approval, under this Act, of a work program for a school subject; or (e) the recording of a particular person’s results in certification studies on a certificate of achievement or statement of results; or (f) the issue to a particular person of a QCE, another certificate of achievement or a statement of results. (6) In the authority’s annual report for a financial year, the authority must include copies of all directions given to it under this section in the financial year. (7) This section is subject to section 76(3). 23A Minister’s power to give directions about intellectual property (1) The Minister may give the authority a written direction about material containing intellectual property held by the authority. (2) Without limiting subsection (1), the direction may be about any of the following— (a) the granting of a licence to the State; (b) the conditions on which a licence is to be granted to the State including a condition that no fee is payable by the State for the licence; (c) that a licence not be granted to an entity other than the State; (d) the receipt or payment of monies. Current as at 1 January 2014 Page 47

Education (Queensland Studies Authority) Act 2002 Part 3 Minister’s powers in relation to authority [s 24] (3) A direction under subsection (1) may also— (a) require the authority to give the Minister notice if the authority intends entering into an agreement with another entity in relation to the material; and (b) state the type of agreement about which the Minister is to be given notice; and (c) require the notice to be given to the Minister a stated period of time before the authority intends entering the agreement. (4) The authority must comply with the direction. (5) In the authority’s annual report for a financial year, the authority must include copies of all directions given to it under this section in the financial year. (6) In this section— licence means a licence to deal with material containing intellectual property held by the authority. material containing intellectual property includes material in existence before the commencement of this section. 24 Power to require production of document (1) The Minister may, by notice given to the authority, require it to make available for inspection by the Minister, or produce to the Minister for inspection, a stated Act document in the possession or control of the authority. (2) The Act document must be made available for inspection, or produced, at a reasonable time and place stated in the notice. (3) The Minister may copy the Act document and must return it to the authority after copying it. (4) In the authority’s annual report for a financial year, the authority must include copies of all notices given to it under this section in the financial year. (5) In this section— Page 48 Current as at 1 January 2014

Education (Queensland Studies Authority) Act 2002 Part 4 Matters concerning authority [s 25] Act document means a document relevant to the authority’s functions. Part 4 Matters concerning authority Division 1 Membership 25 Membership of authority (1) The authority consists of the following— (a) the chief executive; (b) the chief executive of the vocational education and training department; (c) the persons appointed under subsection (2). (2) The Governor in Council is to appoint the following persons as members of the authority— (a) 1 nominee of the Minister; (b) 1 nominee of AISQ; (c) 1 nominee of QCEC; (d) 2 nominees of the Higher Education Forum, at least 1 of whom must have expertise relating to tertiary entrance; (e) 2 persons who, at the time of appointment, are parents of students enrolled at a school, of whom— (i) one is to be nominated by the Queensland Council of Parents’ and Citizens’ Associations Incorporated; and (ii) one is to be nominated jointly by the Federation of Parents and Friends Associations of Catholic Schools, Queensland and the Independent Parents and Friends Council of Queensland; Current as at 1 January 2014 Page 49

Education (Queensland Studies Authority) Act 2002 Part 4 Matters concerning authority [s 25] (f) 1 primary school principal and 1 secondary school principal, of whom— (i) one is to be nominated by the chief executive; and (ii) one is to be nominated jointly by AISQ and QCEC; (g) 1 teacher of primary education and 1 teacher of secondary education, neither of whom is a school principal, of whom— (i) one is to be nominated by the chief executive; and (ii) one is to be nominated jointly by AISQ and QCEC; (h) 1 nominee of the Queensland Teachers’ Union; (i) 1 nominee of the Queensland Independent Education Union of Employees; (j) 1 nominee of the Minister administering the vocational education and training department; (k) 3 nominees of the Minister, of whom— (i) one is to have expertise in the provision of special education; and (ii) one is to have expertise in the education of Aborigines or Torres Strait Islanders; and (iii) one is to be representative of industry; (l) one other person who may be nominated by the Minister. (3) The Minister’s nominees must have the qualifications, experience or standing the Minister considers appropriate for membership of the authority. (4) The person appointed to be the director may not be an appointed member. Page 50 Current as at 1 January 2014

Education (Queensland Studies Authority) Act 2002 Part 4 Matters concerning authority [s 26] 26 Nomination by entities for membership of authority (1) This section applies to the nomination of a person for membership of the authority by an entity or entities mentioned in section 25(2)(b) to (j). (2) The Minister must give the entity or entities a notice stating a reasonable time within which it or they may nominate a person for the membership. (3) If the entity does not nominate, or the entities do not nominate jointly, a person within the time stated in the notice, the Minister may nominate a person for the membership and the nomination is taken to have been made by the entity or entities. (4) A person nominated under subsection (3) must be a person whom the entity or entities may nominate for membership of the authority as stated in section 25(2). 27 Term of appointment An appointed member must be appointed for a term of not more than 4 years. 28 Chairperson of authority (1) The Governor in Council is to appoint the member mentioned in section 25(2)(a) to be the chairperson of the authority. (2) A person may be appointed as the chairperson at the same time the person is appointed as a member. (3) The chairperson holds office while a member under section 25(2)(a). 29 Deputy chairperson of authority (1) The authority must appoint a member as the deputy chairperson of the authority. (2) The deputy chairperson holds office for the term decided by the authority. Current as at 1 January 2014 Page 51

Education (Queensland Studies Authority) Act 2002 Part 4 Matters concerning authority [s 30] (3) A vacancy occurs in the office of deputy chairperson if the person holding the office resigns the office by signed notice of resignation given to the Minister or ceases to be a member. (4) However, a person resigning the office of deputy chairperson may continue to be a member. (5) The deputy chairperson is to act as chairperson— (a) during a vacancy in the office of chairperson; and (b) during all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office. (6) For subsection (5), deputy chairperson includes a member appointed, under section 33(7), to act in the deputy chairperson’s office. 30 Disqualification from membership (1) A person can not become, or continue as, an appointed member if the person— (a) is, or has been, convicted of an indictable offence; or (b) is affected by bankruptcy action. (2) However, if the Minister considers it would be reasonable, having regard to the circumstances of the indictable offence of which a person has been convicted or the circumstances in which a person has been affected by bankruptcy action, the Minister may— (a) if the person was an appointed member when convicted or affected by bankruptcy action—give notice to the chairperson and the person that the person is restored as an appointed member, and may be later reappointed, despite the conviction or being affected by bankruptcy action; or (b) otherwise—give written approval for the person to become an appointed member despite the conviction or being affected by bankruptcy action. Page 52 Current as at 1 January 2014

Education (Queensland Studies Authority) Act 2002 Part 4 Matters concerning authority [s 31] (3) On the day the chairperson receives a notice under subsection (2)(a)— (a) the person is restored as an appointed member; and (b) if another person has been appointed to fill the vacancy—the other person’s appointment ends. (4) If a person is restored as an appointed member under subsection (3), the person’s term of office as an appointed member ends when it would have ended if the person had not been convicted of the offence or affected by bankruptcy action. 31 Vacation of office (1) The office of an appointed member becomes vacant if the member— (a) resigns his or her office by signed notice of resignation given to the Minister; or (b) can not continue as a member under section 30; or (c) is absent, without the authority’s permission, from 3 consecutive meetings of which proper notice has been given. (2) Also, the office of an appointed member becomes vacant if the member was nominated for membership of the authority under a nomination provision and the member stops being a person mentioned in that provision. (3) In this section— meeting means— (a) if the member does not attend—an authority meeting with a quorum present; or (b) if the member attends—an authority meeting with or without a quorum present. nomination provision means section 25(2)(f) or (g). Current as at 1 January 2014 Page 53

Education (Queensland Studies Authority) Act 2002 Part 4 Matters concerning authority [s 32] 32 When notice of resignation takes effect A notice of resignation mentioned in section 29(3) or 31(1)(a) takes effect when the notice is given to the Minister or, if a later time is stated in the notice, the later time. 33 Leave of absence (1) The Minister may approve a leave of absence for an appointed member (the approved absent member ). (2) The Minister may appoint someone else to act in the office of the approved absent member while the member is absent on the leave. (3) If the approved absent member is an eligible person for a nominating entity, the Minister must, before making the appointment, give the entity a notice stating a reasonable time within which it may nominate someone else to act in the office of the approved absent member while the member is absent on the leave. (4) If the entity does not make the nomination within the time stated in the notice, the Minister may proceed to appoint a person who is an eligible person for the entity. (5) A person is taken to be an appointed member during the term of the person’s appointment to act in the office of an approved absent member. (6) The Minister’s power to appoint a person to act in the office of an approved absent member does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954 , section 25(1)(b)(v). (7) If the approved absent member is the deputy chairperson, the authority may appoint another member to act in the deputy chairperson’s office while the deputy chairperson is absent on the leave. (8) In this section— eligible person , for a nominating entity, means a person whom the entity may nominate for membership of the authority as stated in section 25(2)(b) to (j). Page 54 Current as at 1 January 2014

Education (Queensland Studies Authority) Act 2002 Part 4 Matters concerning authority [s 34] nominating entity means an entity or entities that, under section 25(2)(b) to (j), may nominate, or nominate jointly, a person to be a member. 34 Remuneration of an appointed member An appointed member is entitled to be paid the fees and allowances decided by the Governor in Council. Division 2 Authority business 35 Conduct of business Subject to this division, the authority must conduct its business, including its meetings, in the way it considers appropriate. 36 Times and places of authority meetings (1) Meetings of the authority must be held at the times and places the executive committee decides. (2) However, the executive committee must call a meeting if asked, in writing, to do so by the Minister or at least the number of members required to form a quorum for the authority. (3) The authority must meet as often as necessary for it to perform its functions. (4) Without limiting subsection (3), the authority must meet at least 6 times a year. 37 Quorum A quorum for the authority is the number equal to one-half of the number of its members or, if one-half is not a whole number, the next highest whole number. Current as at 1 January 2014 Page 55

Education (Queensland Studies Authority) Act 2002 Part 4 Matters concerning authority [s 38] 38 Presiding at authority meetings (1) The chairperson must preside at all authority meetings at which the chairperson is present. (2) If the chairperson is absent from an authority meeting, but the deputy chairperson is present, the deputy chairperson must preside. (3) If the chairperson and deputy chairperson are both absent from an authority meeting or the offices are vacant, a member chosen by the members present must preside. (4) In this section— deputy chairperson includes a member appointed, under section 33(7), to act in the deputy chairperson’s office. 39 Official member may appoint nominee (1) An official member may, in writing, appoint a person (the official member’s nominee ) to attend authority meetings and executive committee meetings in place of the official member during any period, or during all periods, when the official member can not attend for any reason. (2) When making the appointment, if practicable, the official member must appoint a person who has previously attended the meetings as the official member’s nominee. (3) The official member’s nominee must be a public service officer who is appropriately qualified to exercise the official member’s powers. (4) The official member must give the chairperson notice of— (a) the appointment; and (b) if the instrument of appointment is amended or revoked—the amendment or revocation. 40 Attendance by proxy by member (1) A member may, not more than twice in a year, attend an authority meeting by proxy. Page 56 Current as at 1 January 2014

Education (Queensland Studies Authority) Act 2002 Part 4 Matters concerning authority [s 41] (2) A member is not entitled to preside at an authority meeting merely because the member is the proxyholder for another member who, if present, would be entitled to preside. 41 Participation of director in authority meetings (1) The director may participate in any of the authority’s deliberations, but has no voting rights at an authority meeting. (2) For subsection (1), the chairperson must give the director timely notice of an authority meeting. (3) An authority meeting is not invalid merely because the chairperson has not, for the meeting, complied with subsection (2). 42 Conduct of meetings (1) A question at an authority meeting is to be decided by a majority of the votes of the members present. (2) Each member present at an authority meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote. (3) A member present at an authority meeting who abstains from voting is taken to have voted for the negative. (4) The authority may hold meetings, or allow members to take part in its meetings, by using any technology allowing reasonably contemporaneous and continuous communication between members taking part in the meetings, including, for example, teleconferencing. (5) A member who takes part in an authority meeting under subsection (4) is taken to be present at the meeting. (6) A resolution is validly made by the authority, even if it is not passed at an authority meeting, if— (a) notice of the resolution is given under procedures approved by the authority; and Current as at 1 January 2014 Page 57

Education (Queensland Studies Authority) Act 2002 Part 4 Matters concerning authority [s 43] (b) a majority of the members gives written agreement to the resolution. 43 Minutes The authority must keep minutes of its meetings. 44 Disclosure of interest (1) This section applies to a member (the interested member ) if— (a) the interested member has a direct or indirect interest in an issue being considered, or about to be considered, by the authority; and (b) the interest could conflict with the proper performance of the interested member’s duties for considering the issue. (2) As soon as practicable after the relevant facts come to the interested member’s knowledge, the interested member must disclose the nature of the interest to an authority meeting. (3) Unless the authority otherwise directs, the interested member must not— (a) be present when the authority considers the issue; or (b) take part in a decision of the authority about the issue. (4) The interested member must not be present when the authority is considering whether to give a direction under subsection (3). (5) If there is another member who must, under subsection (2), also disclose an interest in the issue, the other member must not— (a) be present when the authority is considering whether to give a direction mentioned in subsection (3) about the interested member; or (b) take part in making the decision about giving the direction. Page 58 Current as at 1 January 2014

Education (Queensland Studies Authority) Act 2002 Part 4 Matters concerning authority [s 45] (6) If— (a) because of this section, a member is not present at an authority meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3); and (b) there would be a quorum if the member were present; the remaining members present are a quorum of the authority for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting. (7) A disclosure under subsection (2) must be recorded in the authority’s minutes of its meetings. Division 3 Authority committees 45 Executive committee (1) There is an executive committee of the authority. (2) The members of the executive committee are as follows— (a) the chairperson; (b) the official members; (c) the members mentioned in section 25(2)(b) and (c). (3) The executive committee must set the agenda for each meeting of the authority held under section 36(1). (4) Also, the executive committee must perform functions conferred on the committee by the authority and report to the authority as required by the authority. 46 Participation of director in executive committee meetings (1) The director may participate in any of the executive committee’s deliberations, but has no voting rights at an executive committee meeting. Current as at 1 January 2014 Page 59

Education (Queensland Studies Authority) Act 2002 Part 4 Matters concerning authority [s 47] (2) For subsection (1), the chairperson must give the director timely notice of an executive committee meeting. (3) A meeting of the executive committee is not invalid merely because the chairperson has not, for the meeting, complied with subsection (2). 47 Other committees (1) The authority may establish committees of the authority for effectively and efficiently performing the authority’s functions. (2) A committee may include a person who is not a member of the authority. (3) The authority must decide the terms of reference of a committee. (4) The functions of a committee are— (a) to advise and make recommendations to the authority about matters, relevant to the authority’s functions, referred by the authority to the committee; and (b) to exercise powers delegated to it by the authority. (5) A committee must keep a record of the decisions it makes when exercising a power delegated to it by the authority. (6) The authority may decide matters about a committee that are not provided for under this Act, including, for example, the way a committee must conduct meetings. 48 Remuneration of authority committee members A member of an authority committee is entitled to be paid the fees and allowances decided by the Governor in Council. Page 60 Current as at 1 January 2014

Division 4 Education (Queensland Studies Authority) Act 2002 Part 4 Matters concerning authority [s 49] Financial provisions 49 Authority is statutory body under the Financial Accountability Act 2009 The authority is a statutory body under the Financial Accountability Act 2009 . 50 Authority is statutory body under the Statutory Bodies Financial Arrangements Act 1982 (1) The authority is a statutory body under the Statutory Bodies Financial Arrangements Act 1982 . (2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the authority’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 . 51 Budget (1) The authority must, for each financial year, develop, adopt and give to the Minister a budget by the day the Minister directs. (2) A budget has no effect until approved by the Minister. (3) In a financial year, the authority may develop, adopt and give to the Minister amendments to its approved budget for the financial year. (4) An amendment has no effect until approved by the Minister. 52 Compliance with approved budget (1) The authority must comply with its approved budget for a financial year. (2) If the authority makes a disbursement in a financial year that is not provided for in its approved budget for the financial year, the members who knowingly agreed to the disbursement Current as at 1 January 2014 Page 61

Education (Queensland Studies Authority) Act 2002 Part 4 Matters concerning authority [s 53] (the relevant members ) are jointly and severally liable to repay the amount of the disbursement to the authority. (3) A person appointed in writing by the Minister for the purpose may recover, on the authority’s behalf, the amount from the relevant members as a debt. Division 5 Other provisions about the authority 53 Performance of authority (1) The Minister has responsibility to ensure the authority operates to best practice standards. (2) To help the Minister discharge the responsibility, the authority must report to the Minister, when and in the way required by the Minister, on the efficiency, effectiveness, economy and timeliness of the authority and its systems and processes, including operational processes. (3) The authority must comply with a ministerial request under this section. (4) In the authority’s annual report for a financial year, the authority must include copies of all ministerial requests made under this section in the financial year. 54 Change in requirements for certification In effecting a change in the requirements for the issue of a type of certificate of achievement or statement of results, the authority must ensure a person who is subject to the requirements that are to be changed is not disadvantaged by the change. 55 Delegation by authority (1) The authority may delegate its powers under this Act to— (a) a member; or Page 62 Current as at 1 January 2014

Education (Queensland Studies Authority) Act 2002 Part 5 Office of the Queensland Studies Authority [s 56] (b) an authority committee; or (c) the director; or (d) an appropriately qualified member of the office’s staff. (2) However, the authority may not delegate its power under this Act— (a) to approve a 1–12 syllabus, preparatory guideline or kindergarten guideline; or (b) to accredit a 1–12 syllabus, preparatory guideline or kindergarten guideline. 56 Time within which authority to do something under this Act (1) This section applies if— (a) the authority is to do something under this Act after the happening of an event; and (b) the Act does not state a time within which the authority must do the thing. (2) The authority must do the thing as soon as practicable after the event happens. Part 5 Office of the Queensland Studies Authority Division 1 Establishment 57 Establishment of office (1) The Office of the Queensland Studies Authority is established. (2) The office consists of the director and the staff of the office. Current as at 1 January 2014 Page 63

Education (Queensland Studies Authority) Act 2002 Part 5 Office of the Queensland Studies Authority [s 58] Division 2 Office’s function and powers 58 Function and powers (1) The office’s function is to help the authority in the performance of its functions. (2) The office may do anything necessary or convenient to be done in performing its function. Division 3 The director 59 Appointment of director (1) There is to be a director of the office. (2) The director is to be appointed by the Governor in Council. (3) The director is appointed for the term stated in the instrument of appointment, and is eligible for reappointment. (4) The stated term must not be longer than 5 years. (5) The Public Service Act 2008 does not apply to the appointment of the director. 60 Terms of appointment (1) The director is to be paid the remuneration and allowances decided by the Governor in Council. (2) The director holds office on terms, not provided for by this Act, decided by the Governor in Council. 61 Function of director (1) Subject to direction by the authority, the director is to control the office and is responsible for its efficient and effective administration and operation. (2) Subsection (1) does not prevent the attachment of the office to the department for the purpose of ensuring the office is Page 64 Current as at 1 January 2014

Education (Queensland Studies Authority) Act 2002 Part 5 Office of the Queensland Studies Authority [s 62] supplied with the administrative support services that it requires to carry out its functions effectively and efficiently. 62 Director must act independently etc. In performing the director’s functions and exercising the director’s powers, the director— (a) must act independently, impartially, fairly and in the public interest; and (b) is not under the control or direction of the Minister. 63 Delegation by director The director may delegate the director’s powers under this Act to an appropriately qualified member of the office’s staff. 64 Resignation The director may resign by signed notice given to the Minister. 65 Ending of appointment The Governor in Council may end the appointment of the director if the director— (a) is convicted of an indictable offence; or (b) is guilty of misconduct that could warrant dismissal from the public service if the director were a public service officer; or (c) is guilty of neglect of duty or incompetence; or (d) becomes incapable of satisfactorily performing the director’s functions. Current as at 1 January 2014 Page 65

Education (Queensland Studies Authority) Act 2002 Part 5 Office of the Queensland Studies Authority [s 66] 66 Preservation of rights (1) This section applies if a public service officer is appointed as the director. (2) The person retains and is entitled to all rights that have accrued to the person because of employment as a public service officer, or that would accrue in the future to the person because of that employment, as if service as the director were a continuation of service as a public service officer. (3) At the end of the person’s term of appointment or on resignation— (a) the person is entitled to be employed as a public service officer— (i) at the classification level at which the person would have been employed if the person had continued in employment as a public service officer; and (ii) on the remuneration to which the person would have been entitled if the person had continued in employment as a public service officer; and (b) the person’s service as the director is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer. 67 Superannuation for director who was previously a public service officer (1) This section applies if a public service officer is appointed as the director and immediately before the appointment the public service officer was a member of the State Public Sector Superannuation Scheme under the Superannuation (State Public Sector) Act 1990 . (2) The person continues to be eligible to be, and to be, a member of the scheme. Page 66 Current as at 1 January 2014

Education (Queensland Studies Authority) Act 2002 Part 5 Office of the Queensland Studies Authority [s 68] 68 Acting director The Minister may appoint a person to act as the director— (a) during a vacancy in that office; or (b) during any period, or during all periods, when the director is absent from duty or can not, for another reason, perform the functions of that office. Division 4 Staff of the office 69 Office staff (1) The staff of the office are to be employed under the Public Service Act 2008 . (2) This section applies subject to section 69A. 69A Employment of casual staff to help authority to perform its functions under s 10, 11, 12 or 13 (1) The authority may employ staff on a casual basis, to help the authority to perform its functions under section 10, 11, 12 or 13. (2) The staff are to be employed under this Act and not under the Public Service Act 2008 . (3) The staff are entitled to be paid the remuneration and allowances decided by the Governor in Council. (4) The staff are not subject to any industrial instrument or any determination or rule of an industrial tribunal. (5) The staff are subject to the direction and control of the director. (6) To remove any doubt, it is declared that a person employed under this section may be simultaneously employed in another capacity under the Public Service Act 2008 . (7) In this section— Current as at 1 January 2014 Page 67

Education (Queensland Studies Authority) Act 2002 Part 6 Miscellaneous [s 70] industrial instrument see the Industrial Relations Act 1999 , schedule 5. Part 6 Miscellaneous 70 Protecting persons from liability (1) The following persons are not civilly liable for an act done, or omission made, honestly and without negligence under this Act— (a) the Minister; (b) a member; (c) a member of a committee of the authority, established under section 47(1), who is not a member of the authority. (2) If subsection (1) prevents a civil liability attaching to a person, the liability attaches instead to the State. 71 Approval of forms The authority may approve forms for use under this Act. 72 Delegation by Minister (1) The Minister may delegate the Minister’s powers under this Act to an appropriately qualified person. (2) However, the Minister may not delegate the Minister’s power under section 22(1), 23(1), 24(1) or 53(2). 72A Chief executive may carry on education planning activities The chief executive may carry on the following activities ( education planning activities )— Page 68 Current as at 1 January 2014

Education (Queensland Studies Authority) Act 2002 Part 6 Miscellaneous [s 73] (a) monitoring the effectiveness of education provided in Queensland for enabling people to obtain a certificate of achievement; (b) monitoring the operation and effectiveness of part 2A for— (i) helping to ensure a person who is in the compulsory participation phase participates in education or training as required under the E(GP) Act, chapter 10; and (ii) recording the person’s participation and learning achievements. 73 Administrative support for authority (1) The authority may make arrangements for administrative support services for the authority. (2) If the authority makes arrangements with the chief executive to provide 1 or more services for the authority, the arrangement must include a provision about the authority paying the department a reasonable amount for the service. 74 Authority’s annual report In the authority’s annual report for a financial year, the authority must include details of any powers delegated by the National VET Regulator to the authority, in the financial year, under the National Vocational Education and Training Regulator Act 2011 (Cwlth) , section 224. 75 Privacy In performing a function to give information to an entity, the authority must be satisfied there are arrangements in place sufficient to ensure the privacy of individuals is protected. Current as at 1 January 2014 Page 69

Education (Queensland Studies Authority) Act 2002 Part 6 Miscellaneous [s 76] 76 Powers of Minister administering vocational education and training department (1) The purpose of this section is to confer on the Minister administering the vocational education and training department powers in relation to the authority’s functions mentioned in section 14. (2) Sections 22 and 24 apply as if— (a) the reference to the Minister were a reference to the Minister administering the vocational education and training department; and (b) the reference to the authority’s functions were a reference to the authority’s functions mentioned in section 14. (3) For a direction mentioned in section 23(1) about the authority’s functions mentioned in section 14— (a) the direction must be given jointly by the Minister and the Minister administering the vocational education and training department; and (b) the Minister and the Minister administering the vocational education and training department must be jointly satisfied it is necessary to give the direction in the public interest. 77 Review of Act (1) The Minister must, before the third anniversary of the date of assent of this Act, start a review of this Act to ensure it is adequately meeting community expectations and its provisions remain appropriate. (2) The Minister must, as soon as practicable after the review is finished, cause a report of the outcome of the review to be laid before the Legislative Assembly. Page 70 Current as at 1 January 2014

Education (Queensland Studies Authority) Act 2002 Part 6 Miscellaneous [s 78] 78 Guidelines (1) The authority may make guidelines as provided under a regulation. (2) A regulation may provide that the authority may make a guideline only with the approval of the Minister. (3) If a guideline is inconsistent with this Act or the regulation, the guideline is invalid to the extent of the inconsistency. (4) A guideline— (a) must be notified in the way required by the regulation; and (b) takes effect on the day of its notification or, if a later day or time is fixed in the guideline, on the day or at the time fixed. (5) On the day a guideline is notified under subsection (4)(a) or as soon as practicable after that day, copies of the guideline must be available to be obtained, by purchase or otherwise, at the place or at each of the places stated in the notice. (6) Failure to comply with subsection (5) does not affect the validity of the notification under subsection (4)(a). 79 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) A regulation may be made about the following— (a) the accreditation by the authority of— (i) 1–12 syllabuses or preparatory guidelines for implementation at schools; or (ii) kindergarten guidelines for implementation in education and care services; (b) the approval by the authority of work programs for school subjects; Current as at 1 January 2014 Page 71

Education (Queensland Studies Authority) Act 2002 Part 6 Miscellaneous [s 79] (c) the recognition of a person’s results in certification studies, other than school subjects for which— (i) there is an approved syllabus; or (ii) a work program has been approved under section 13(2); (d) the issuing of QCEs, other certificates of achievement, and statements of results, including eligibility requirements for the issue of the certificates and statements; (e) the testing of persons; (f) deciding the equivalence, in the State, of a level of school education reached, or a school qualification obtained, by a person at an educational institution established outside the State; (g) the assessment of persons; (h) tertiary entrance procedures and requirements, and the issuing of tertiary entrance statements; (i) the review of decisions, under this Act, of the authority or an authority committee; (j) the review by the authority of information contained in a tertiary entrance statement issued to a person under this Act; (k) the verification of information contained in a certificate of achievement, other than a QCE, or a statement of results issued to a person; (l) fees, including the refunding of fees, for this Act. Page 72 Current as at 1 January 2014

Part 7 Education (Queensland Studies Authority) Act 2002 Part 7 Repeal, transitional and validating provisions [s 80] Repeal, transitional and validating provisions Division 1 Repeal of Acts 80 Repeal The following Acts are repealed— • Education (School Curriculum P–10) Act 1996 (1996 Act No. 65) • Education (Senior Secondary School Studies) Act 1988 (1988 Act No. 95) • Education (Tertiary Entrance Procedures Authority) Act 1990 (1990 Act No. 92). Division 2 Transitional provisions 81 Definitions for div 2 In this division— commencement means commencement of this section. former body means— (a) the Queensland School Curriculum Council (P–10) under the Education (School Curriculum P–10) Act 1996 ; or (b) the Board of Senior Secondary School Studies under the Education (Senior Secondary School Studies) Act 1988 ; or (c) the Tertiary Entrance Procedures Authority under the Education (Tertiary Entrance Procedures Authority) Act 1990 . repealed Act means any of the following Acts— Current as at 1 January 2014 Page 73

Education (Queensland Studies Authority) Act 2002 Part 7 Repeal, transitional and validating provisions [s 82] • Education (School Curriculum P–10) Act 1996 • Education (Senior Secondary School Studies) Act 1988 • Education (Tertiary Entrance Procedures Authority) Act 1990 . 82 Dissolution of former bodies The former bodies are dissolved and their members go out of office. 83 References to repealed Act or former body (1) In an Act or document, a reference to a repealed Act may, if the context permits, be taken as a reference to this Act. (2) A reference in an Act or document to a former body may, if the context permits, be taken as a reference to the authority. 84 Authority is the legal successor (1) The authority is the successor in law of each former body. (2) Sections 85 and 86 do not limit subsection (1). 85 Agreements and proceedings (1) An agreement or arrangement, in force immediately before the commencement, between a former body and another entity is taken to be an agreement or arrangement between the authority and the entity. (2) A proceeding that could have been started or continued by or against a former body before the commencement may be started or continued by or against the authority. 86 Assets and liabilities On the commencement, an asset or liability of a former body immediately before the commencement becomes an asset or liability of the authority. Page 74 Current as at 1 January 2014

Education (Queensland Studies Authority) Act 2002 Part 7 Repeal, transitional and validating provisions [s 87] 87 Syllabuses (1) A syllabus that immediately before the commencement is an approved syllabus under the Education (School Curriculum P–10) Act 1996 for a subject is taken to be an approved syllabus for the subject. (2) A syllabus developed and approved by the Board of Senior Secondary School Studies under the Education (Senior Secondary School Studies) Act 1988 for a subject, the approval of which is current immediately before the commencement, is taken to be an approved syllabus for the subject. (3) A study area specification approved by the Board of Senior Secondary School Studies under the Education (Senior Secondary School Studies) Act 1988 for a subject, the approval of which is current immediately before the commencement, is taken to be an approved syllabus for the subject. (4) A syllabus developed by an entity other than the Board of Senior Secondary School Studies under the Education (Senior Secondary School Studies) Act 1988 and approved by the Board under that Act for a subject, the approval of which is current immediately before the commencement, is taken to be an accredited syllabus for the subject. (5) A syllabus developed and approved by the Board of Senior Secondary School Studies under the Education (Senior Secondary School Studies) Act 1988 for a vocational education program for students in years 11 and 12 years of schooling, the approval of which is current immediately before the commencement, is taken to be an approved syllabus for the program. 88 Work program A work program approved by the Board of Senior Secondary School Studies under the Education (Senior Secondary School Studies) Act 1988 for a subject, the approval of which is current immediately before the commencement, is taken to be Current as at 1 January 2014 Page 75

Education (Queensland Studies Authority) Act 2002 Part 7 Repeal, transitional and validating provisions [s 89] a work program approved under this Act for the corresponding area of learning. Note — See also section 93 in relation to work programs approved for an area of learning before the commencement of the Education Legislation Amendment Act 2006 , section 35 . 89 Possible issue of certificate of achievement not to be jeopardised (1) This section applies to a person who, immediately before the commencement, was undertaking the study of an area of learning that may have led to the issue of a certificate of achievement to the person under a repealed Act. (2) The person must not be disadvantaged because of the transition from the repealed Act to this Act. Division 3 Validation provision for Education (Accreditation of Non-State Schools) and Other Legislation Amendment Act 2005 90 Validation of employment of certain casual staff (1) This section applies if, before the commencement of this section, a person was employed by the authority on a casual basis, to help the authority to perform its functions under section 10, 11 or 12. (2) The employment is taken to be, and always to have been, valid and effective. Page 76 Current as at 1 January 2014