Youth Participation in Education and Training Act 2003


Queensland Crest
Youth Participation in Education and Training Act 2003
Queensland Youth Participation in Education and Training Act 2003 Reprinted as in force on 21 July 2006 Reprint No. 1A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2006 Act No. 39 s 435
Information about this reprint This Act is reprinted as at 21 July 2006. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprint for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— when provisions commenced editorial changes made in earlier reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.
Queensland Youth Participation in Education and Training Act 2003 Contents Part 1 Division 1 1 2 Division 2 3 4 5 6 7 8 Division 3 9 10 Part 2 Division 1 11 12 Division 2 13 14 15 16 17 Division 3 18 Page Preliminary Introduction Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Application, objects and guiding principles Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Interaction with other legislation . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Ministerial declaration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Main objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Activities to achieve objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Guiding principles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Interpretation Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Compulsory participation in education or training Key terms Compulsory participation phase. . . . . . . . . . . . . . . . . . . . . . . . . . 9 Eligible options and providers. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Participation in a program or course Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 What is participation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Full-time participation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Allowed absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Suspension or exclusion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Participation in an apprenticeship or traineeship Participation in an apprenticeship or traineeship . . . . . . . . . . . . . 12
2 Youth Participation in Education and Training Act 2003 Division 4 19 20 21 22 Part 3 Division 1 23 24 25 Division 2 26 27 28 29 30 Division 3 31 32 33 Division 4 34 35 36 Part 4 Division 1 37 Division 2 38 39 40 40A Division 3 41 42 Parents’ obligation Obligation to ensure participation. . . . . . . . . . . . . . . . . . . . . . . . . Exceptions to obligation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information notice and meeting . . . . . . . . . . . . . . . . . . . . . . . . . . Limits on proceedings against a parent . . . . . . . . . . . . . . . . . . . . Dispensations Bases for granting a dispensation Explanation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Participation is impossible or should not be required . . . . . . . . . . Home schooling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application process Application for dispensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lapsing of application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Temporary dispensation until application is decided . . . . . . . . . . Contents of dispensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice about decision and right to seek review . . . . . . . . . . . . . . Review of decision by chief executive Reviewable decision by chief executive . . . . . . . . . . . . . . . . . . . . Application for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeal to Magistrates Court Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeal to Magistrates Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conduct of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Student accounts Preliminary Explanation and purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Opening student accounts for young persons of compulsory school age When an account must be opened. . . . . . . . . . . . . . . . . . . . . . . . Who must open an account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How an account is opened . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Young person’s telephone number . . . . . . . . . . . . . . . . . . . . . . . . Student account phase The student account phase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligation to notify information . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 13 13 14 15 15 15 16 17 17 17 18 18 19 19 20 20 20 21 21 22 22 22 23 23
3 Youth Participation in Education and Training Act 2003 43 43A 44 45 Division 4 46 47 Division 5 48 48A Part 5 Division 1 49 50 51 52 Division 2 53 54 55 Part 6 Division 1 56 57 58 59 Division 2 60 61 62 63 64 Schedule 2 Attachment Obligation to open an account . . . . . . . . . . . . . . . . . . . . . . . . . . . Young person’s telephone number . . . . . . . . . . . . . . . . . . . . . . . . Obligation to notify other matters . . . . . . . . . . . . . . . . . . . . . . . . . Chief executive of VETE department may give notice on behalf of certain providers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Use and disclosure of information Use and disclosure by the QSA . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure by chief executive to appropriate entities . . . . . . . . . . Miscellaneous Overseas students . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Closing of account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Legal proceedings Evidence Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offence proceedings Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . Statement of complainant’s knowledge . . . . . . . . . . . . . . . . . . . . Evidence of chief executive’s consent . . . . . . . . . . . . . . . . . . . . . Miscellaneous Involvement of certain non-State school entities Entities to which this division applies . . . . . . . . . . . . . . . . . . . . . . Consultation about planning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consultation about proposed regulations. . . . . . . . . . . . . . . . . . . Aggregated information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other matters Transitional . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................................... 24 24 25 25 25 27 28 28 28 28 29 29 30 30 30 30 31 31 31 31 32 33 33 33 34 39
4 Youth Participation in Education and Training Act 2003 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 44 44 45 45 46
s1 5 s2 Youth Participation in Education and Training Act 2003 Youth Participation in Education and Training Act 2003 [as amended by all amendments that commenced on or before 21 July 2006] An Act about the participation of young people in education and training, and for other purposes Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Youth Participation in Education and Training Act 2003 . 2 Commencement (1) The following provisions commence on assent— part 7, division 1 section 83. (2) The following provisions commence on a day to be fixed by proclamation— part 7, division 2, other than section 83 part 8, divisions 1 and 3 schedule 1. (3) The remaining provisions of this Act commence on 1 January 2006.
s3 6 s5 Youth Participation in Education and Training Act 2003 Division 2 Application, objects and guiding principles 3 Act binds all persons (1) This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States. (2) Subsection (1) does not make the State, the Commonwealth or another State liable to be prosecuted for an offence. 4 Interaction with other legislation (1) The Education (General Provisions) Act 1989 includes provisions requiring young people to continue their schooling until they are 16 years or have completed year 10, whichever happens first. (2) This Act includes provisions requiring young people to continue in education and training for a further period for the purpose of achieving a senior certificate or certificate III. (3) The Vocational Education, Training and Employment Act 2000 includes provisions about some of the eligible options available to young people during this further period of learning. (4) The Education (Queensland Studies Authority) Act 2002 includes provisions about keeping student accounts for young people to record their participation in education and training. 5 Ministerial declaration (1) The ministerial declaration ‘Stepping forward: improving pathways for all young people’ is the declaration of commitment to the young people of Australia by Ministers for Education, Employment, Training, Youth Affairs and Community Services endorsed in July 2002 by the Ministerial Council on Education, Employment, Training and Youth Affairs.
s6 7 s7 Youth Participation in Education and Training Act 2003 (2) A copy of the declaration is set out in the attachment. (3) The attachment is not part of this Act. 6 Main objects The main objects of this Act are— (a) to implement initiatives, consistent with the ministerial declaration ‘Stepping forward: improving pathways for all young people’, to ensure young people participate in a period of education or training after they turn 16 or complete year 10; and (b) to outline a range of education and training options for them during this period; and (c) to provide for their participation and learning achievements during this period to be recorded. 7 Activities to achieve objects To achieve the objects of this Act, the chief executive may— (a) carry on the following activities ( planning activities )— (i) monitoring the operation and effectiveness of this Act; (ii) carrying out planning relating to the matters dealt with under this Act; (iii) developing strategies to better achieve the objects of this Act; and (b) carry on the following activities ( re-engagement activities )— (i) identifying young persons in the compulsory participation phase who are not participating full-time in an eligible option; (ii) giving them information about the options available to them; (iii) encouraging them to participate in a way that achieves the best learning outcomes for them;
s 8 8 s 10 Youth Participation in Education and Training Act 2003 (iv) encouraging and helping their parents to play a role in the matters stated in subparagraphs (i) to (iii). 8 Guiding principles This Act is to be administered in a way that has sufficient regard to the following principles— (a) the State should develop practical ways to improve the social, educational and employment outcomes of young people including, in particular, those who are at risk of disengaging from education and training; (b) the State should foster a community commitment to young people by involving members of the community and community organisations in— (i) developing education and training opportunities for young people; and (ii) re-engaging young people in education and training; and (iii) developing ways to improve the social outcomes of young people; (c) the State should work with parents to achieve the best outcomes for young people; (d) the State should work in consultation with non-government entities to achieve the objects of this Act. Division 3 Interpretation 9 Definitions The dictionary in schedule 2 defines particular words used in this Act. 10 Notes in text A note in the text of this Act is part of this Act.
s 11 9 s 12 Youth Participation in Education and Training Act 2003 Part 2 Compulsory participation in education or training Division 1 Key terms 11 Compulsory participation phase A young person’s compulsory participation phase (a) starts when the person stops being of compulsory school age; and (b) ends when the person— (i) gains a senior certificate or certificate III; or (ii) has participated in eligible options for 2 years after the person stopped being of compulsory school age; or (iii) turns 17. 12 Eligible options and providers In the following table, each of the options listed is an eligible option and the entity stated opposite is the provider for the option Eligible option Provider an educational program provided under the EGP Act an educational program provided under the Education (Accreditation of Non-State Schools) Act 2001 a higher education course under the Higher Education (General Provisions) Act 2003 a course of vocational education and training provided under the VETE Act a State educational institution a non-State school a university or non-university provider a TAFE institute or registered training organisation
s 13 10 s 14 Youth Participation in Education and Training Act 2003 Eligible option Provider an apprenticeship or traineeship a registered training under the VETE Act organisation a departmental employment skills the VETE chief development program executive Division 2 Participation in a program or course 13 Application of div 2 This division applies to an eligible option other than an apprenticeship or traineeship under the VETE Act. 14 What is participation (1) A young person is participating in an eligible option only if the person is— (a) enrolled with the provider in the relevant program or course; and (b) complying with the provider’s attendance requirements for the program or course. (2) The provider’s attendance requirements for a program or course are the requirements about physically attending, at particular times, the provider’s premises or another place. (3) However, despite subsection (2)— (a) the provider’s attendance requirements for a program of distance education are to complete and return the assigned work for the program; and (b) the provider’s attendance requirements for another external program are its requirements about communicating with or contacting the provider for the purpose of participating in the program or course.
s 15 11 s 17 Youth Participation in Education and Training Act 2003 15 Full-time participation A reference to full-time participation in an eligible option— (a) is a reference to participation in an eligible option at a level that is full-time under the requirements of the option; and (b) includes part-time participation in 2 or more eligible options to an extent that is at least equivalent to full-time participation in 1 option. Example for paragraph (b) A young person is participating part-time in an educational program at a school (the school program ) and part-time in a course of vocational education and training at a TAFE institute (the VET course ). The levels of the young person’s participation are— 60% of full-time participation in the school program 40% of full-time participation in the VET course. 16 Allowed absence A young person’s participation in an eligible option is taken to continue during an absence allowed under the requirements of the option. Example A person enrolled in an educational program at a State school is absent for a day because of illness. 17 Suspension or exclusion (1) If a young person participating in an eligible option stops attending the provider because the person has been suspended from the provider, the person’s participation in the option is taken to continue during the period of the suspension. (2) Subsection (1) does not apply to suspension from a State educational institution under the EGP Act if the person has been placed in an alternative education program under section 30 of that Act.
s 18 12 s 19 Youth Participation in Education and Training Act 2003 Note Section 14(1) and (3)(b) provide for how the person participates in the alternative education program. (3) If a young person participating in an eligible option stops attending the provider because the person has been excluded from the provider, the person is taken (for this part) to be continuing to participate in an eligible option, at the same level as before the exclusion, for the time reasonably required for the person to resume participation in an eligible option. Division 3 Participation in an apprenticeship or traineeship 18 Participation in an apprenticeship or traineeship (1) This section applies to a young person who is an apprentice or trainee under the VETE Act. (2) The person is taken to be participating full-time in an apprenticeship or traineeship under the VETE Act. Division 4 Parents’ obligation 19 Obligation to ensure participation (1) Each parent of a young person in the compulsory participation phase must ensure the young person is participating full-time in an eligible option, unless the parent has a reasonable excuse. Maximum penalty— (a) for a first offence—5 penalty units; or (b) for a second or subsequent offence, whether or not relating to the same child of the parent—10 penalty units. (2) Without limiting subsection (1), it is a reasonable excuse for a parent that—
s 20 13 s 21 Youth Participation in Education and Training Act 2003 (a) the young person lives with another parent and the first parent believes, on reasonable grounds, the other parent is ensuring the young person participates full-time in an eligible option; or (b) in all the circumstances, the parent is not reasonably able to control the young person’s behaviour to the extent necessary to ensure the young person participates full-time in an eligible option. 20 Exceptions to obligation (1) Section 19(1) does not apply to the extent provided under a dispensation in force under part 3. (2) Section 19(1) does not apply if— (a) the young person is in paid employment for at least 25 hours each week; or (b) the young person is in paid employment for less than 25 hours each week, or unpaid employment, under an employment exemption. (3) Section 19(1) does not apply if the young person is enrolled with an entity providing a non-departmental employment skills development program and attending the entity for the program. (4) Section 19(1) does not apply to the extent of any inconsistency with a law of the Commonwealth under which a young person in the compulsory participation phase may carry on an activity other than participating full-time in an eligible option. 21 Information notice and meeting (1) This section applies if an authorised officer reasonably suspects a young person is in the compulsory participation phase and is not participating full-time in an eligible option. (2) The officer may give a parent of the young person a notice in the approved form about the parent’s obligation under section 19.
s 22 14 s 22 Youth Participation in Education and Training Act 2003 (3) The officer may also meet with the parent to discuss the obligation. (4) If, despite the officer taking reasonable steps to meet with the parent under subsection (3), no meeting is held, the officer may give the parent a warning notice in the approved form. (5) For the Police Powers and Responsibilities Act 2000 , section 16, 1 an authorised officer acting under this section is a public official performing a function authorised by this Act. (6) In this section— authorised officer means the chief executive or an officer of the department authorised by the chief executive for this section. 22 Limits on proceedings against a parent (1) Proceedings for an offence against section 19(1) may be brought against a parent— (a) only by the chief executive or with the chief executive’s consent; and (b) only if the time when the parent is alleged to have committed the offence is after— (i) the parent has been given a notice under section 21(2); and (ii) at least 1 meeting has been held with the parent under section 21(3) or the parent has been given a warning notice under section 21(4). (2) The chief executive (families) is not liable to be prosecuted for an offence against section 19(1) in relation to a young person of whom the chief executive (families) has been granted guardianship under the Child Protection Act 1999 . 1 Police Powers and Responsibilities Act 2000 , section 16 (Helping public officials exercise powers under other Acts)
s 23 15 s 25 Youth Participation in Education and Training Act 2003 Part 3 Dispensations Division 1 Bases for granting a dispensation 23 Explanation This division states the bases on which the chief executive may grant a dispensation from the requirement that a young person participate in an eligible option. 24 Participation is impossible or should not be required (1) The chief executive may grant a dispensation fully excusing a young person from participation if the chief executive is satisfied— (a) the young person can not participate in any eligible option; or (b) it would be unreasonable in all the circumstances to require the young person to participate in any eligible option. (2) The chief executive may grant a dispensation partially excusing a young person from participation if the chief executive is satisfied— (a) the young person can not participate in any eligible option at a full-time level; or (b) it would be unreasonable in all the circumstances to require the young person to participate in any eligible option at a full-time level. 25 Home schooling The chief executive may grant a dispensation if the chief executive is satisfied that, throughout the period to which the dispensation applies, the young person will be receiving education— (a) provided by a registered teacher; and
s 26 16 s 26 Youth Participation in Education and Training Act 2003 (b) complying with the requirements prescribed under a regulation. Division 2 Application process 26 Application for dispensation (1) A young person, or a parent of a young person, may apply to the chief executive for a dispensation from the requirement that the young person participate in an eligible option. (2) The application must— (a) be in the approved form; and (b) state whether dispensation is sought under section 24 or 25; and (c) state the period for which the dispensation is sought; and (d) for an application by a young person—include the signed consent of a parent of the young person. (3) However, subsection (2)(d) does not apply if the chief executive is satisfied it would be inappropriate in all the circumstances to require the signed consent of a parent. Example an application by a young person living independently of his or her parents (4) The applicant must provide any other relevant information reasonably required by the chief executive. Examples 1 If dispensation is sought under section 24 because the young person is suffering an illness, the information required under this subsection may include stated medical evidence. 2 If dispensation is sought under section 25, the information required under this subsection may include details of the educational program to be provided to the young person. (5) The chief executive must decide the application as soon as practicable.
s 27 17 s 29 Youth Participation in Education and Training Act 2003 27 Lapsing of application (1) The chief executive may make a requirement under section 26(4), for information to decide the application, by giving the applicant a notice stating— (a) the required information; and (b) the time by which the information must be given to the chief executive; and (c) that, if the information is not given to the chief executive by the stated time, the application will lapse. (2) The time stated must be reasonable and, in any case, at least 14 days after the requirement is made. (3) The chief executive may withdraw the requirement, or part of the requirement, at any time. (4) Before the stated time ends, the chief executive may give the applicant a further notice extending the stated time if the chief executive is satisfied it would be reasonable in all the circumstances to give the extension. (5) If the applicant does not comply with the requirement within the stated time, or any extension, the application lapses. 28 Temporary dispensation until application is decided (1) If the application is made before the young person starts the person’s compulsory participation phase, section 19(1) does not apply to a parent of the young person until 14 days after the chief executive gives notice to the applicant under section 30, or until the application lapses. (2) If the application is made while an existing dispensation is in force for the young person, the existing dispensation continues to apply until 14 days after the chief executive gives notice to the applicant under section 30, or until the application lapses. 29 Contents of dispensation (1) This section applies if the chief executive decides to grant the dispensation.
s 30 18 s 31 Youth Participation in Education and Training Act 2003 (2) The dispensation must state— (a) the day it is granted; and (b) the young person to whom it relates; and (c) whether it is full or partial and, if it is partial, the extent to which the person is excused from participation; and (d) whether it applies until the end of the person’s compulsory participation phase or only until a stated earlier time; and (e) any conditions on which it is granted. 30 Notice about decision and right to seek review (1) The chief executive must give the applicant notice of the decision on the application. (2) If the chief executive decides the application in a way mentioned in section 31(a) to (c), the notice must state— (a) the decision; and (b) the reasons for the decision; and (c) that, within 28 days after receiving the notice, the applicant may apply to the chief executive for a review of the decision; and (d) how the applicant may apply for the review. Division 3 Review of decision by chief executive 31 Reviewable decision by chief executive This division applies if the chief executive’s decision on the application (the original decision ) is to— (a) refuse to grant the dispensation; or (b) grant the dispensation on stated conditions; or (c) grant the dispensation for a lesser period than the period applied for.
s 32 19 s 33 Youth Participation in Education and Training Act 2003 32 Application for review (1) The applicant may apply to the chief executive for a review of the original decision. (2) The application must be made— (a) if the applicant receives notice about the original decision under section 30—within 28 days after the notice is received; or (b) otherwise—within 28 days after the applicant becomes aware of the original decision. (3) The chief executive may extend the time for making the application. (4) The application must be in the approved form and supported by enough information to enable the chief executive to decide the application. 33 Review decision (1) Unless the chief executive made the original decision personally, the chief executive must ensure the application is not dealt with by— (a) the person who made the original decision; or (b) a person in a less senior office than the person who made the original decision. (2) Within 28 days after receiving the application, the chief executive must review the original decision and make a decision (the review decision )— (a) confirming the original decision; or (b) amending the original decision; or (c) substituting another decision for the original decision. (3) The chief executive must make the review decision on the material that led to the original decision and any other material the chief executive considers relevant. (4) Immediately after making the review decision, the chief executive must give the applicant notice of the decision.
s 34 20 s 36 Youth Participation in Education and Training Act 2003 (5) If the chief executive makes the review decision in a way mentioned in section 31(a) to (c), the notice must state— (a) the decision; and (b) the reasons for the decision; and (c) that, within 28 days after receiving the notice, the applicant may appeal against the decision to the Magistrates Court. Division 4 Appeal to Magistrates Court 34 Application of div 4 This division applies if the chief executive makes a review decision in a way mentioned in section 31(a) to (c). 35 Appeal to Magistrates Court (1) The applicant may appeal against the review decision to the Magistrates Court. (2) The appeal must be started— (a) if the applicant receives notice about the review decision under section 33(5)—within 28 days after the notice is received; or (b) otherwise—within 28 days after the applicant becomes aware of the review decision. (3) However, the court may extend the time for making the appeal. 36 Conduct of appeal (1) The appeal is started by filing a notice of appeal in the court. (2) The appeal is by way of rehearing, unaffected by the review decision, on the material before the chief executive and any further evidence allowed by the court. (3) The court may—
s 37 21 s 38 Youth Participation in Education and Training Act 2003 (a) allow the appeal and make any order it considers appropriate; or (b) dismiss the appeal. Part 4 Student accounts Division 1 Preliminary 37 Explanation and purposes (1) This part provides for the keeping of a record (a student account ) for every young person about the person’s participation in eligible options during the compulsory participation phase. (2) The purposes of keeping student accounts are— (a) to support the Queensland Studies Authority (the QSA ) in performing its certification functions under the QSA Act, section 13; and (b) to make information available to the chief executive to enable the chief executive to carry on planning activities and re-engagement activities. 2 Division 2 Opening student accounts for young persons of compulsory school age 38 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. 2 See section 7 (Activities to achieve objects).
s 39 22 s 40A Youth Participation in Education and Training Act 2003 39 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 State educational institution or non-State school—the principal of the institution or school; (b) otherwise—the chief executive. 40 How an account is opened A student account is opened for a young person by giving notice to the QSA of the following information— (a) the person’s name and any previous names of the person; (b) the person’s address; (c) the person’s date of birth; (d) the person’s sex; (e) whether the person is an Aborigine or Torres Strait Islander; (f) whether the person is a person from a non-English speaking background; (g) the eligible option in which the person proposes to participate when the person starts the compulsory participation phase; (h) whether the person’s participation in the eligible option will be full-time; (i) other information prescribed under a regulation. 40A Young person’s telephone number (1) Subsection (2) applies if a student account is opened for a young person under section 40. (2) The person opening the account may, when opening the account, give notice to the QSA of the young person’s
s 41 23 s 42 Youth Participation in Education and Training Act 2003 telephone number if the young person has consented to the giving of the notice. (3) The QSA must, as soon as practicable after receiving information under subsection (2), record the information in the account. Division 3 Student account phase 41 The 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. 42 Obligation to notify information If a young person in the student account phase enrols in a program or course with a provider, the provider must give notice to the QSA of the following information— (a) the person’s name and any previous names of the person; (b) the person’s address; (c) the person’s date of birth; (d) the eligible option in which the person is participating, or proposes to participate, by the enrolment in the program or course; (e) the components of the eligible option being undertaken, or proposed to be undertaken, by the person; (f) the date of enrolment in the program or course; (g) the date the person started, or proposes to start, to comply with the provider’s attendance requirements for the program or course;
s 43 24 s 43A Youth Participation in Education and Training Act 2003 (h) whether the person’s participation in the eligible option is, or will be, full-time; (i) the name, and type, of the provider. 43 Obligation to open an account (1) This section applies if the QSA receives a notice under section 42 about a young person who is in the compulsory participation phase but does not have a student account. (2) The QSA may give the provider a notice asking it to open an 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 QSA of the following information relating to the person— (a) the information mentioned in section 40(a) to (f) and (i); (b) the eligible option of the provider in which the person is participating or proposes to participate; (c) whether the person’s participation in the eligible option is, or will be, full-time; (d) any other eligible options in which the person is participating, or has participated, since starting the compulsory participation phase of which the provider is aware. 43A Young person’s telephone number (1) Subsection (2) applies if a student account is opened for a young person under section 43(3). (2) The provider opening the account may, when opening the account, give notice to the QSA of the young person’s telephone number if the young person has consented to the giving of the notice. (3) The QSA must, as soon as practicable after receiving information under subsection (2), record the information in the account.
s 44 25 s 46 Youth Participation in Education and Training Act 2003 44 Obligation to notify other matters (1) This section applies to a provider with which a young person in the student account phase is enrolled. (2) The provider must give notice to the QSA, at the times prescribed under a regulation, of the following matters— (a) if the provider is aware that information, previously notified to the QSA under this part, has changed or is incorrect—the new or correct information; (b) if the person stops being enrolled with the provider—the date the person stopped being enrolled with the provider; (c) if the person dies and the provider is aware of the death—the death. Note The provider is also required to give the QSA certain information about the person’s results. See the QSA Act, section 18A. (3) Subsection (2)(a) does not apply to information mentioned in section 40(g). 45 Chief executive of VETE department may give notice on behalf of certain providers (1) This section applies to a provider that is a TAFE institute or registered training organisation. (2) The provider complies with a requirement under this division to give notice to the QSA 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. Division 4 Use and disclosure of information 46 Use and disclosure by the QSA (1) The QSA may use student account information to perform its certification functions under the QSA Act, section 13.
s 46 26 s 46 Youth Participation in Education and Training Act 2003 (2) To enable the QSA to ensure the accuracy of information recorded in a person’s student account, the QSA may disclose student account information about the person to a provider. (3) To enable the chief executive to carry on planning activities, 3 the QSA must give the chief executive the aggregated information that the chief executive asks for. (4) The QSA must include, in its annual report for a financial year under the Financial Administration and Audit Act 1977 , the details of each request under subsection (3) received during the year. (5) To enable the chief executive to carry on re-engagement activities, 4 the QSA must give the chief executive any of the prescribed information that 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; and (c) after a period of at least 3 months, has or have not re-enrolled with a provider. (6) If there is a student account for a person, the QSA must give the person access to the information recorded in the account. (7) In this section— aggregated information means information about young people in the student account phase that— (a) comprises or includes, or is derived from, information given to the QSA under this part; and (b) could not reasonably be expected to result in the identification of any of the persons to whom it relates. prescribed information , about a young person mentioned in subsection (5), means the following information recorded in the person’s student account— 3 See section 7(a) (Activities to achieve objects). 4 See section 7(b) (Activities to achieve objects).
s 47 27 s 47 Youth Participation in Education and Training Act 2003 (a) name and any previous names; (b) address and telephone number; (c) date of birth; (d) the date the person stopped being enrolled with the provider; (e) any eligible option in which the person is participating and the components of the eligible option being undertaken by the person; (f) the name, and type, of the provider for an eligible option mentioned in paragraph (e); (g) any eligible option in which the person was participating immediately before the person stopped being enrolled with the provider and the components of the eligible option that were being undertaken by the person; (h) the name, and type, of the provider for an eligible option mentioned in paragraph (g). student account information means information recorded in a student account. 47 Disclosure by chief executive to appropriate entities To help in carrying on re-engagement activities, the chief executive may disclose the following information about a young person in the compulsory participation phase to an entity the chief executive considers appropriate— (a) name and any previous names; (b) address; (c) date of birth; (d) the last eligible option in which the young person participated, so far as the chief executive is aware. Examples of entities that may be appropriate a provider a youth support entity a human services entity
s 48 28 s 50 Youth Participation in Education and Training Act 2003 Division 5 Miscellaneous 48 Overseas students (1) This section applies despite divisions 2 and 3. (2) An entity must not open a student account for an overseas student, or give notice to the QSA of the enrolment of an overseas student, without the student’s written agreement. (3) In this section— overseas student means a person who holds a student visa issued under the Migration Act 1958 (Cwlth). 48A Closing of account (1) This section applies if— (a) there is open a student account for a young person; and (b) the person dies. (2) The QSA must, as soon as practicable after becoming aware of the death, close the account. Part 5 Legal proceedings Division 1 Evidence 49 Application of div 1 This division applies to a proceeding under this Act. 50 Appointments and authority It is not necessary to prove the appointment of the chief executive or an authorised officer, or the authority of the chief executive or an authorised officer to do anything under this
s 51 29 s 52 Youth Participation in Education and Training Act 2003 Act, unless a party, by reasonable notice, requires proof of the appointment or authority. 51 Signatures A signature purporting to be the signature of the chief executive or an authorised officer is evidence of the signature it purports to be. 52 Other evidentiary aids A certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter— (a) a stated document is— (i) an approval, decision or requirement made under this Act; or (ii) a dispensation granted under this Act; or (iii) a notice given under this Act; (b) a stated document is a copy of a document mentioned in paragraph (a); (c) on a stated day, or during a stated period, an authorisation as an authorised officer was, or was not, in force for a stated person; (d) on a stated day, or during a stated period, a dispensation relating to a stated young person was, or was not, in force; (e) on a stated day, a stated person was given a stated notice under this Act; (f) on a stated day, a stated requirement was made of a stated person.
s 53 30 s 56 Youth Participation in Education and Training Act 2003 Division 2 Offence proceedings 53 Summary proceedings for offences (1) A proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 . (2) The proceeding must start— (a) within 1 year after the commission of the offence; or (b) within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence. 54 Statement of complainant’s knowledge In a complaint starting a proceeding for an offence against this Act, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of when the matter came to the complainant’s knowledge. 55 Evidence of chief executive’s consent A certificate, purporting to be signed by the chief executive, that the chief executive consents to the bringing of proceedings for an offence against section 19(1) is evidence of the consent. Part 6 Miscellaneous Division 1 Involvement of certain non-State school entities 56 Entities to which this division applies This division applies to the following entities—
s 57 31 s 60 Youth Participation in Education and Training Act 2003 (a) the Association of Independent Schools of Queensland Inc.; (b) the Queensland Catholic Education Commission. 57 Consultation about planning The chief executive must consult regularly with the entities for the purpose of carrying on planning activities. 5 58 Consultation about proposed regulations The Minister must consult with the entities before making a recommendation to the Governor in Council about making a regulation under section 40(i), 44(2) or 59. 6 59 Aggregated information (1) The QSA must give each of the entities, at the times prescribed under a regulation, the aggregated information prescribed under a regulation relating to the entity. (2) In this section— aggregated information see section 46(7). Division 2 Other matters 60 Transitional To remove any doubt, it is declared that, despite section 11, a young person is not in the compulsory participation phase if the person turned 15 years or completed year 10 before the commencement of that section. 5 See section 7(a) (Activities to achieve objects). 6 Section 40 (How an account is opened), 44 (Obligation to notify other matters) or 59 (Aggregated information)
s 61 32 s 61 Youth Participation in Education and Training Act 2003 61 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) an employee of a provider; or (iii) an employee of the QSA; or (iv) an entity, or an employee of an entity, to whom the chief executive has given information under section 47; 7 and (b) who, in the course of the administration of this Act, or because of opportunity provided by the administration, has gained or has access to personal information about a young person in the student account phase. (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) Subsection (2) continues to apply to personal information about a young person in the student account phase after the phase ends. (4) In this section— disclose information includes give access to the information. employee , of a provider, the QSA or another entity, includes— 7 Section 47 (Disclosure by chief executive to appropriate entities)
s 62 33 s 64 Youth Participation in Education and Training Act 2003 (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. personal information means information or an opinion, whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. 62 Delegation by chief executive (1) The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified officer or employee of the department or the VETE department. (2) A delegation of a power may permit the subdelegation of the power 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 to exercise the power. Example of standing a person’s classification level in the public service 63 Approved forms The chief executive may approve forms for use under this Act. 64 Regulation-making power The Governor in Council may make regulations under this Act.
34 Youth Participation in Education and Training Act 2003 Schedule 2 Dictionary section 9 approved form , for a purpose, means the form approved for the purpose by the chief executive under section 63. AQF see the VETE Act, section 19. 8 attending , a provider or other entity, means complying with the provider or entity’s attendance requirements in the relevant way stated in section 14(2) or (3). authorised officer see section 21(6). certificate III means a qualification by that name under the AQF. chief executive (families) means the chief executive of the department in which the Child Protection Act 1999 is administered. compulsory participation phase see section 11. compulsory school age see the EGP Act, section 4A. 9 Note See also the EGP Act, section 166E. 8 VETE Act, section 19— AQF means the policy framework entitled ‘Australian Qualifications Framework’ that defines all qualifications (whether as defined under this chapter or otherwise) recognised nationally in education and training within Australia, endorsed by the Ministerial Council on Education, Employment, Training and Youth Affairs so as to commence on 1 January 1995 and that policy framework as amended from time to time. 9 Education (General Provisions) Act 1989 4A Meaning of compulsory school age (1) A child is of compulsory school age if the child is at least 6 years and less than 16 years. (2) However, a child is no longer of compulsory school age if the child has completed year 10.
35 Youth Participation in Education and Training Act 2003 Schedule 2 (continued) departmental employment skills development programs see the VETE Act, section 106C(2). distance education see the EGP Act, section 2(1). 10 educational program includes— (a) for a reference to an educational program provided under the EGP Act—a program under arrangements approved under the EGP Act, section 114B; or (b) for a reference to an educational program provided under the Education (Accreditation of Non-State Schools) Act 2001 —a program under arrangements approved under the EGP Act, section 114A. EGP Act means the Education (General Provisions) Act 1989 . eligible option see section 12. employment exemption means an employment exemption in force under the VETE Act, chapter 5, part 3, division 5A. 11 external program means— (a) an alternative education program under the EGP Act, section 30; (b) a program under arrangements approved under the EGP Act, section 114A or 114B; (c) another program or course for which the provider’s requirements do not include physically attending, at particular times, the provider’s premises or another place. 10 EGP Act, section 2(1)— distance education means education provided where students and teachers are not regularly in the presence of each other for that purpose but communicate with each other in writing, by print or by electronic-means or other like-means. 11 VETE Act, chapter 5 (Ombudsman, board and council), part 3 (Training and Employment Recognition Council), division 5A (Deciding employment exemptions)
36 Youth Participation in Education and Training Act 2003 Schedule 2 (continued) full-time , in relation to participation in an eligible option, means at a level that is full-time under the following provisions— (a) for an apprenticeship or traineeship under the VETE Act—section 18(2); (b) otherwise—section 15. guardian means a person who is recognised in law as having all the duties, powers, responsibilities and authority that, by law, parents have in relation to their children. 12 human services includes education, family support, health and housing. human services entity means a Commonwealth, State or local government entity with functions relating to human services. information includes a document. ministerial declaration ‘Stepping forward: improving pathways for all young people’ see section 5. non-departmental employment skills development program means a program included in the register maintained under the VETE Act, section 183E. non-State school means a school that is accredited, or provisionally accredited, under the Education (Accreditation of Non-State Schools) Act 2001 . non-university provider see the Higher Education (General Provisions) Act 2003 , schedule 2. notice means written notice. original decision , for part 3, division 3, 13 see section 31. 12 See the Family Law Act 1975 (Cwlth), part 7 (Children), division 2 (Parental responsibility). 13 Part 3 (Dispensations), division 3 (Review of decision by chief executive)
37 Youth Participation in Education and Training Act 2003 Schedule 2 (continued) parent includes a guardian. participating , in an eligible option, means participating under the following provisions— (a) for an apprenticeship or traineeship under the VETE Act—section 18(2); (b) otherwise—section 14. planning activities see section 7(a). principal , of a non-State school with no position by that name, means the person responsible for the school’s day-to-day management. provider (a) generally—see section 12; and (b) in a provision about an eligible option—means the provider for the option. QSA Act means the Education (Queensland Studies Authority) Act 2002 . Queensland Studies Authority or QSA means the Queensland Studies Authority established under the QSA Act, section 6. re-engagement activities see section 7(b). registered teacher see the Education (Queensland College of Teachers) Act 2005 , schedule 3. registered training organisation see the VETE Act, section 14. Note This includes an agricultural college. See the Agricultural Colleges Act 1994 , 14 section 3. review decision , for part 3, divisions 3 and 4, see section 33(2). 14 Now see the Agricultural College Act 2005 , section 50.
38 Youth Participation in Education and Training Act 2003 Schedule 2 (continued) senior certificate means a certificate of achievement of that type issued under the QSA Act. State educational institution means an educational institution established under the EGP Act, section 16, 17 or 18. State school means a State school within the meaning of the EGP Act. student account see section 37(1). student account phase see section 41. TAFE institute see the VETE Act, section 191. university see the Higher Education (General Provisions) Act 2003 , schedule 2. VETE Act means the Vocational Education, Training and Employment Act 2000 . VETE chief executive means the chief executive of the VETE department. VETE department means the department in which the VETE Act is administered.
39 Youth Participation in Education and Training Act 2003 Attachment section 5 Ministerial declaration ‘Stepping forward: improving pathways for all young people’ A commitment to the young people of Australia by Ministers for Education, Employment, Training, Youth Affairs and Community Services Young people make a significant contribution to Australia today and will shape what it will be tomorrow. The vitality, ideas, creativity and visions of all young people must be embraced. The majority of young people are doing well, moving successfully through the different stages of their lives and responding to the challenges of the future. We can be confident that they will achieve success, find fulfilment in their adult lives and make a positive contribution to this country. Some young people find their journeys more difficult and challenging. They may face problems in acquiring the knowledge, skills and self–confidence that form the foundations of their adult lives. We recognise the emotional, physical, cultural and learning barriers faced by these young people and the social, economic and locational factors that may negatively impact on their lives. There are opportunities for governments to address these barriers so that young people can achieve their best. As Ministers entrusted with the collective wellbeing and interests of young people, we must foster an environment in which young people are nurtured and challenged—a society where all young people can realise their full potential. We
40 Youth Participation in Education and Training Act 2003 Attachment (continued) must work together to support young Australians to achieve success as individuals and as members of society. We need to act collectively and we need to act now. Vision Our vision is of an Australia where: young people benefit and flourish through sustaining networks of family, friends and community, and through their engagement in education, training, employment, recreation and society young people’s opinions and contributions are sought and valued, and they are encouraged and supported to take an active role in their communities and the nation young people’s lives are enriched by positive learning experiences and opportunities that assist them to reach their full potential we recognise and celebrate young people’s achievements. Challenge Our challenge is to: listen and respond to young people work creatively in partnership with young people to build comprehensive networks that draw together jurisdictions, government departments, families and communities so that united we can address the complex issues confronting young people recognise and address structural barriers faced by young people
41 Youth Participation in Education and Training Act 2003 Attachment (continued) ensure that our governmental systems recognise the diversity of young people through being inclusive, flexible and adaptive create effective opportunities for young people that are accessible, integrated and meaningful encourage young people to take increasing responsibility for their own lives, support their peers and contribute to their community ensure that young people have the information, skills and support needed to negotiate the transition to adult life and to make informed life decisions. Our declaration With this declaration, we commit to developing practical ways to increase the social, educational and employment outcomes of Australia’s young people including those who are at risk, disconnected or in vulnerable circumstances. We agree to establish a common direction to make a real and lasting difference to the lives of young people. We are united by a shared commitment and a joint responsibility. We unanimously agree to work in partnership towards implementing a shared vision for all young people.
42 Youth Participation in Education and Training Act 2003 Attachment (continued) Australia’s Ministers for Education, Employment, Training, Youth Affairs and Community Services
43 Youth Participation in Education and Training Act 2003 Attachment (continued)
44 Youth Participation in Education and Training Act 2003 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 21 July 2006. Future amendments of the Youth Participation in Education and Training Act 2003 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered
45 Youth Participation in Education and Training Act 2003 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A Amendments included 2004 Act No. 53 2005 Act No. 65 2000 Act No. 5 (amd 2006 Act No. 26) Effective 1 January 2006 21 July 2006 Notes 5 List of legislation Youth Participation in Education and Training Act 2003 No. 62 date of assent 13 October 2003 ss 1–2, pt 7 div 1, s 83 commenced on date of assent (see s 2(1)) pt 7 div 2 (other than s 83), pt 8 divs 1, 3, sch 1 commenced 1 January 2004 (2003 SL No. 278) remaining provisions commenced 1 January 2006 (see s 2(3)) amending legislation— Statute Law (Miscellaneous Provisions) Act 2004 No. 53 date of assent 29 November 2004 commenced on date of assent Youth Participation in Education and Training and Another Act Amendment Act 2005 No. 65 s 1, pt 2, s 3 sch date of assent 28 November 2005 commenced on date of assent Police Powers and Responsibilities Act 2000 No. 5 s 810 sch 4 (prev s 459A sch 3A) (this Act is amended, see amending legislation below) amending legislation— Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26 ss 1–2, 84, 86 (amends 2000 No. 5 above) date of assent 1 June 2006 ss 1–2 commenced on date of assent remaining provisions commenced 21 July 2006 (2006 SL No. 185)
46 Youth Participation in Education and Training Act 2003 6 List of annotations Eligible options and providers s 12 amd 2004 No. 53 s 2 sch Suspension or exclusion s 17 amd 2005 No. 65 s 3 sch Information notice and meeting s 21 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84, 86) How an account is opened s 40 sub 2005 No. 65 s 4 Young person’s telephone number s 40A ins 2005 No. 65 s 4 Obligation to notify information s 42 sub 2005 No. 65 s 5 Obligation to open an account s 43 amd 2005 No. 65 s 6 Young person’s telephone number s 43A ins 2005 No. 65 s 7 Obligation to notify other matters s 44 amd 2005 No. 65 s 8 Use and disclosure by the QSA s 46 amd 2005 No. 65 s 9 Closing of account s 48A ins 2005 No. 65 s 10 Consultation about proposed regulations s 58 amd 2005 No. 65 s 11 Aggregated information s 59 amd 2005 No. 65 s 12 Transitional s 60 amd 2005 No. 65 s 13 Confidentiality s 61 amd 2005 No. 65 s 14 PART 7—AMENDMENT OF EDUCATION (GENERAL PROVISIONS) ACT 1989 pt hdg om R1 (see RA s 7(1)(k)) Division 1—Preliminary div 1 (s 65) om R1 (see RA ss 7(1)(k) and 40) Division 2—Amendments commencing on proclamation div 2 (ss 66–84) om R1 (see RA ss 7(1)(k) and 40)
47 Youth Participation in Education and Training Act 2003 Division 3—Amendments commencing on 1 January 2006 div hdg om R1 (see RA s 7(1)(k)) Amendment of s 2 (Interpretation) s 85 om R1 (see RA s 40) Insertion of new s 4A s 86 om R1 (see RA s 40) Amendment of s 114A (Flexible arrangements—non-State school) s 87 om R1 (see RA s 40) Amendment of s 114B (Flexible arrangements—State educational institution) s 88 om R1 (see RA s 40) Amendment of s 115 (Dispensation from compliance with compulsory enrolment and attendance provisions) s 89 om R1 (see RA s 40) Insertion of new s 116C s 90 om R1 (see RA s 40) Insertion of new s 166E s 91 sub 2005 No. 65 s 15 om R1 (see RA s 40) PART 8—AMENDMENT OF OTHER ACTS pt hdg om R1 (see RA s 7(1)(k)) Division 1—Education (Accreditation of Non-State Schools) Act 2001 div 1 (ss 92–93) om R1 (see RA ss 7(1)(k) and 40) Division 2—Education (Queensland Studies Authority) Act 2002 div hdg om R1 (see RA s 7(1)(k)) Act amended in div 2 s 94 om R1 (see RA s 40) Amendment of s 3 (Objects of Act) s 95 om R1 (see RA s 40) Insertion of new s 14A s 96 om R1 (see RA s 40) Amendment of pt 2, div 4 hdg (Tests and nullifications of syllabuses and preschool guidelines) s 97 om R1 (see RA s 40) Insertion of new ss 18A and 18B prov hdg amd 2005 No. 65 s 16(1) s 98 amd 2005 No. 65 s 16(2) om R1 (see RA s 40) Division 3—Education (Teacher Registration) Act 1988 div 1 (ss 99–100) om R1 (see RA ss 7(1)(k) and 40)
48 Youth Participation in Education and Training Act 2003 Division 4—Freedom of Information Act 1992 div hdg om R1 (see RA s 7(1)(k)) Act amended in div 4 s 101 om R1 (see RA s 40) Amendment of s 11 (Act not to apply to certain bodies etc.) s 102 sub 2005 No. 65 s 17 om R1 (see RA s 40) Amendment of s 11 (Act not to apply to certain bodies etc.) s 103 om 2005 No. 65 s 18 SCHEDULE 2—DICTIONARY def “external program” amd 2005 No. 65 s 3 sch def “non-university provider” amd 2004 No. 53 s 2 sch def “registered teacher” sub 2005 No. 65 s 19 def “university” amd 2004 No. 53 s 2 sch © State of Queensland 2006