Youth Participation in Education and Training Act 2003
Youth Participation in Education and Training Act
2003
QueenslandYouthParticipationinEducationandTrainingAct2003Reprinted as in force on 21 July
2006Reprint No. 1AThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copyNOT FURTHER AMENDEDLAST REPRINT
BEFORE REPEALSee 2006 Act No. 39 s 435
Information about this reprintThis
Act is reprinted as at 21 July 2006. The reprint shows the law as
amended by allamendments that commenced on or before that
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s15s2Youth
Participation in Education and Training Act2003Youth
Participation in Education and TrainingAct 2003[as
amended by all amendments that commenced on or before 21 July
2006]AnActabouttheparticipationofyoungpeopleineducationand training, and
for other purposesPart 1PreliminaryDivision 1Introduction1Short
titleThis Act may be cited as theYouth Participation in Educationand
Training Act 2003.2Commencement(1)The
following provisions commence on assent—•part
7, division 1•section 83.(2)The
following provisions commence on a day to be fixed byproclamation—•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 January2006.
s36s5Youth
Participation in Education and Training Act2003Division 2Application,
objects and guidingprinciples3Act
binds all persons(1)This Act binds all persons including
the State and, as far asthelegislativepoweroftheParliamentpermits,theCommonwealth and the other States.(2)Subsection (1) does not make the
State, the Commonwealth oranother State liable to be prosecuted
for an offence.4Interaction with other
legislation(1)TheEducation(GeneralProvisions)Act1989includesprovisions
requiring young people to continue their schoolinguntil
they are 16 years or have completed year 10, whicheverhappens first.(2)ThisActincludesprovisionsrequiringyoungpeopletocontinue in education and training for
a further period for thepurpose of achieving a senior
certificate or certificate III.(3)TheVocationalEducation,TrainingandEmploymentAct2000includes provisions about some of the
eligible optionsavailabletoyoungpeopleduringthisfurtherperiodoflearning.(4)TheEducation(QueenslandStudiesAuthority)Act2002includes provisions about keeping
student accounts for youngpeople to record their participation
in education and training.5Ministerial
declaration(1)Theministerialdeclaration‘Steppingforward:improvingpathwaysforallyoungpeople’isthedeclarationofcommitment to the young people of Australia
by Ministers forEducation,Employment,Training,YouthAffairsandCommunity Services endorsed in July
2002 by the MinisterialCouncilonEducation,Employment,TrainingandYouthAffairs.
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Participation in Education and Training Act2003(2)A copy of the declaration is set out
in the attachment.(3)The attachment is not part of this
Act.6Main objectsThe main objects
of this Act are—(a)to implement initiatives, consistent
with the ministerialdeclaration ‘Stepping forward: improving
pathways forall young people’, to ensure young people
participate ina period of education or training after they
turn 16 orcomplete year 10; and(b)to
outline a range of education and training options forthem
during this period; and(c)toprovidefortheirparticipationandlearningachievements
during this period to be recorded.7Activities to achieve objectsTo
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 thisAct;(ii)carrying out planning relating to the
matters dealtwith under this Act;(iii)developing strategies to better achieve the
objectsof this Act; and(b)carryonthefollowingactivities(re-engagementactivities)—(i)identifyingyoungpersonsinthecompulsoryparticipationphasewhoarenotparticipatingfull-time in an
eligible option;(ii)givingtheminformationabouttheoptionsavailable to
them;(iii)encouragingthemtoparticipateinawaythatachieves the best learning outcomes for
them;
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Participation in Education and Training Act2003(iv)encouraging and helping their parents
to play a rolein the matters stated in subparagraphs (i)
to (iii).8Guiding principlesThisActistobeadministeredinawaythathassufficientregard to the
following principles—(a)the State should
develop practical ways to improve thesocial,
educational and employment outcomes of youngpeople including,
in particular, those who are at risk ofdisengaging from
education and training;(b)theStateshouldfosteracommunitycommitmenttoyoung people by involving members of
the communityand community organisations in—(i)developingeducationandtrainingopportunitiesfor young people;
and(ii)re-engagingyoungpeopleineducationandtraining; and(iii)developing ways to improve the social
outcomes ofyoung people;(c)the
State should work with parents to achieve the bestoutcomes for young people;(d)theStateshouldworkinconsultationwithnon-governmententitiestoachievetheobjectsofthisAct.Division 3Interpretation9DefinitionsThe dictionary in
schedule 2 defines particular words used inthis Act.10Notes in textA note in the
text of this Act is part of this Act.
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Participation in Education and Training Act2003Part
2Compulsory participation ineducation or trainingDivision 1Key
terms11Compulsory participation phaseA
young person’scompulsory participation phase—(a)starts when the
person stops being of compulsory schoolage; and(b)ends when the person—(i)gains a senior certificate or
certificate III; or(ii)has participated in eligible options
for 2 years afterthepersonstoppedbeingofcompulsoryschoolage;
or(iii)turns 17.12Eligible options and providersIn
the following table, each of the options listed is aneligibleoptionand
the entity stated opposite is theproviderfor
theoptionEligible
optionProvideran educational
program providedunder the EGP Actan educational
program providedunder theEducation(Accreditation of Non-StateSchools) Act 2001a higher
education course undertheHigher Education
(GeneralProvisions) Act 2003a course of
vocational educationand training provided under theVETE
Acta State educationalinstitutiona non-State
schoola university ornon-university
providera TAFE institute orregistered
trainingorganisation
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Participation in Education and Training Act2003Eligible optionProvideran
apprenticeship or traineeshipa registered
trainingunder the VETE Actorganisationa departmental
employment skillsthe VETE chiefdevelopment
programexecutiveDivision 2Participation in a program or course13Application of div 2Thisdivisionappliestoaneligibleoptionotherthananapprenticeship or
traineeship under the VETE Act.14What
is participation(1)A young person is participating in an
eligible option only ifthe person is—(a)enrolledwiththeproviderintherelevantprogramorcourse; and(b)complying with the provider’s attendance
requirementsfor the program or course.(2)Theprovider’sattendancerequirementsforaprogramorcoursearetherequirementsaboutphysicallyattending,atparticular times, the provider’s
premises or another place.(3)However, despite
subsection (2)—(a)the provider’s attendance requirements
for a program ofdistanceeducationaretocompleteandreturntheassigned work for the program; and(b)theprovider’sattendancerequirementsforanotherexternalprogramareitsrequirementsaboutcommunicating with or contacting the
provider for thepurpose of participating in the program or
course.
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Participation in Education and Training Act200315Full-time participationA
reference to full-time participation in an eligible option—(a)is a reference to participation in an
eligible option at alevelthatisfull-timeundertherequirementsoftheoption; and(b)includespart-timeparticipationin2ormoreeligibleoptions to an
extent that is at least equivalent to full-timeparticipation in
1 option.Example for paragraph (b)—Ayoungpersonisparticipatingpart-timeinaneducationalprogram at a
school (theschool program) and part-time
in acourse of vocational education and training
at a TAFE institute(theVET
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.16Allowed absenceA young person’s
participation in an eligible option is taken tocontinue during
an absence allowed under the requirements ofthe
option.Example—A
person enrolled in an educational program at a State school is
absentfor a day because of illness.17Suspension or exclusion(1)Ifayoungpersonparticipatinginaneligibleoptionstopsattending the
provider because the person has been suspendedfrom the
provider, the person’s participation in the option istaken
to continue during the period of the suspension.(2)Subsection(1)doesnotapplytosuspensionfromaStateeducational
institution under the EGP Act if the person hasbeen placed in an
alternative education program under section30 of that
Act.
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Participation in Education and Training Act2003Note—Section 14(1) and
(3)(b) provide for how the person participates in thealternative education program.(3)Ifayoungpersonparticipatinginaneligibleoptionstopsattending the
provider because the person has been excludedfromtheprovider,thepersonistaken(forthispart)tobecontinuingtoparticipateinaneligibleoption,atthesamelevel
as before the exclusion, for the time reasonably requiredfor
the person to resume participation in an eligible option.Division 3Participation in
an apprenticeshipor traineeship18Participation in an apprenticeship or
traineeship(1)This section applies to a young person
who is an apprentice ortrainee under the VETE Act.(2)Thepersonistakentobeparticipatingfull-timeinanapprenticeship or
traineeship under the VETE Act.Division 4Parents’ obligation19Obligation to ensure participation(1)Each parent of a young person in the
compulsory participationphase must ensure the young person is
participating full-timeinaneligibleoption,unlesstheparenthasareasonableexcuse.Maximum penalty—(a)for a
first offence—5 penalty units; or(b)forasecondorsubsequentoffence,whetherornotrelatingtothesamechildoftheparent—10penaltyunits.(2)Without limiting subsection (1), it is
a reasonable excuse for aparent that—
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Participation in Education and Training Act2003(a)the young person lives with another
parent and the firstparent believes, on reasonable grounds, the
other parentis ensuring the young person participates
full-time in aneligible option; or(b)inallthecircumstances,theparentisnotreasonablyabletocontroltheyoungperson’sbehaviourtotheextent necessary to ensure the young
person participatesfull-time in an eligible option.20Exceptions to obligation(1)Section 19(1) does not apply to the
extent provided under adispensation in force under part
3.(2)Section 19(1) does not apply
if—(a)the young person is in paid employment
for at least 25hours each week; or(b)the
young person is in paid employment for less than 25hourseachweek,orunpaidemployment,underanemployment exemption.(3)Section 19(1) does not apply if the
young person is enrolledwithanentityprovidinganon-departmentalemploymentskillsdevelopmentprogramand
attending theentityfortheprogram.(4)Section19(1)doesnotapplytotheextentofanyinconsistency
with a law of the Commonwealth under which ayoung person in
the compulsory participation phase may carryon an activity
other than participating full-time in an eligibleoption.21Information notice and meeting(1)Thissectionappliesifanauthorisedofficerreasonablysuspectsayoungpersonisinthecompulsoryparticipationphase and is not
participating full-time in an eligible option.(2)The
officer may give a parent of the young person a notice inthe
approved form about the parent’s obligation under section19.
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Participation in Education and Training Act2003(3)Theofficermayalsomeetwiththeparenttodiscusstheobligation.(4)If,
despite the officer taking reasonable steps to meet with theparentundersubsection(3),nomeetingisheld,theofficermay give the
parent a warning notice in the approved form.(5)For
thePolice Powers and Responsibilities Act
2000, section16,1an authorised officer acting under
this section is a publicofficial performing a function
authorised by this Act.(6)In this
section—authorised officermeans the chief
executive or an officer ofthedepartmentauthorisedbythechiefexecutiveforthissection.22Limits on proceedings against a
parent(1)Proceedingsforanoffenceagainstsection19(1)maybebrought against a
parent—(a)only by the chief executive or with
the chief executive’sconsent; and(b)onlyifthetimewhentheparentisallegedtohavecommitted the offence is after—(i)theparenthasbeengivenanoticeundersection21(2); and(ii)atleast1meetinghasbeenheldwiththeparentunder section
21(3) or the parent has been given awarning notice
under section 21(4).(2)The chief executive (families) is not
liable to be prosecutedforanoffenceagainstsection19(1)inrelationtoayoungpersonofwhomthechiefexecutive(families)hasbeengranted guardianship under theChild Protection Act 1999.1Police Powers
and Responsibilities Act 2000, section 16
(Helping public officialsexercise powers under other
Acts)
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Participation in Education and Training Act2003Part
3DispensationsDivision 1Bases for granting a dispensation23ExplanationThisdivisionstatesthebasesonwhichthechiefexecutivemay
grant a dispensation from the requirement that a youngperson participate in an eligible
option.24Participation is impossible or should
not be required(1)The chief executive may grant a
dispensation fully excusing ayoungpersonfromparticipationifthechiefexecutiveissatisfied—(a)theyoungpersoncannotparticipateinanyeligibleoption; or(b)itwouldbeunreasonableinallthecircumstancestorequire the young person to participate in
any eligibleoption.(2)Thechiefexecutivemaygrantadispensationpartiallyexcusingayoungpersonfromparticipationifthechiefexecutive is
satisfied—(a)theyoungpersoncannotparticipateinanyeligibleoption at a
full-time level; or(b)itwouldbeunreasonableinallthecircumstancestorequire the young person to participate in
any eligibleoption at a full-time level.25Home schoolingThechiefexecutivemaygrantadispensationifthechiefexecutive is
satisfied that, throughout the period to which thedispensationapplies,theyoungpersonwillbereceivingeducation—(a)provided by a registered teacher;
and
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Participation in Education and Training Act2003(b)complyingwiththerequirementsprescribedunderaregulation.Division 2Application process26Application for dispensation(1)A young person, or a parent of a young
person, may apply tothechiefexecutiveforadispensationfromtherequirementthat 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 or25; and(c)statetheperiodforwhichthedispensationissought;and(d)foranapplicationbyayoungperson—includethesigned consent of a parent of the young
person.(3)However,subsection(2)(d)doesnotapplyifthechiefexecutiveissatisfieditwouldbeinappropriateinallthecircumstances to
require the signed consent of a parent.Example—an application by a young person
living independently of his or herparents(4)Theapplicantmustprovideanyotherrelevantinformationreasonably
required by the chief executive.Examples—1If dispensation
is sought under section 24 because the young personissufferinganillness,theinformationrequiredunderthissubsection may include stated medical
evidence.2If dispensation is sought under
section 25, the information requiredunderthissubsectionmayincludedetailsoftheeducationalprogram to be
provided to the young person.(5)Thechiefexecutivemustdecidetheapplicationassoonaspracticable.
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Participation in Education and Training Act200327Lapsing of application(1)Thechiefexecutivemaymakearequirementundersection26(4), for
information to decide the application, by giving theapplicant a notice stating—(a)the required information; and(b)the time by which the information must
be given to thechief executive; and(c)that,
if the information is not given to the chief executiveby
the stated time, the application will lapse.(2)The
time stated must be reasonable and, in any case, at least14
days after the requirement is made.(3)The
chief executive may withdraw the requirement, or part ofthe
requirement, at any time.(4)Before the stated
time ends, the chief executive may give theapplicant a
further notice extending the stated time if the chiefexecutiveissatisfieditwouldbereasonableinallthecircumstances to
give the extension.(5)If the applicant does not comply with
the requirement withinthe stated time, or any extension, the
application lapses.28Temporary dispensation until
application is decided(1)If the
application is made before the young person starts theperson’scompulsoryparticipationphase,section19(1)doesnot apply to a parent of the young
person until 14 days afterthe chief executive gives notice to
the applicant under section30, or until the application
lapses.(2)If the application is made while an
existing dispensation is inforcefortheyoungperson,theexistingdispensationcontinues to
apply until 14 days after the chief executive givesnoticetotheapplicantundersection30,oruntiltheapplication lapses.29Contents of dispensation(1)This
section applies if the chief executive decides to grant thedispensation.
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Participation in Education and Training Act2003(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 extentto which the person is excused from
participation; and(d)whetheritappliesuntiltheendoftheperson’scompulsoryparticipationphaseoronlyuntilastatedearlier time;
and(e)any conditions on which it is
granted.30Notice about decision and right to
seek review(1)Thechiefexecutivemustgivetheapplicantnoticeofthedecision on the application.(2)Ifthechiefexecutivedecidestheapplicationinawaymentioned in
section 31(a) to (c), the notice must state—(a)the
decision; and(b)the reasons for the decision;
and(c)that,within28daysafterreceivingthenotice,theapplicant may apply to the chief executive
for a reviewof the decision; and(d)how
the applicant may apply for the review.Division 3Review of decision by chiefexecutive31Reviewable decision by chief
executiveThis division applies if the chief
executive’s decision on theapplication (theoriginal
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 periodapplied for.
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Participation in Education and Training Act200332Application for review(1)The applicant may apply to the chief
executive for a review ofthe original decision.(2)The application must be made—(a)iftheapplicantreceivesnoticeabouttheoriginaldecisionundersection30—within28daysafterthenotice is received; or(b)otherwise—within 28 days after the applicant
becomesaware of the original decision.(3)Thechiefexecutivemayextendthetimeformakingtheapplication.(4)The
application must be in the approved form and supportedby
enough information to enable the chief executive to decidethe
application.33Review decision(1)Unlessthechiefexecutivemadetheoriginaldecisionpersonally, the
chief executive must ensure the application isnot dealt with
by—(a)the person who made the original
decision; or(b)apersoninalessseniorofficethanthepersonwhomade the original decision.(2)Within28daysafterreceivingtheapplication,thechiefexecutivemustreviewtheoriginaldecisionandmakeadecision (thereview
decision)—(a)confirming the
original decision; or(b)amending the
original decision; or(c)substituting
another decision for the original decision.(3)Thechiefexecutivemustmakethereviewdecisiononthematerialthatledtotheoriginaldecisionandanyothermaterial the chief executive considers
relevant.(4)Immediatelyaftermakingthereviewdecision,thechiefexecutive must
give the applicant notice of the decision.
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Participation in Education and Training Act2003(5)Ifthechiefexecutivemakesthereviewdecisioninawaymentioned in section 31(a) to (c), the
notice must state—(a)the decision; and(b)the
reasons for the decision; and(c)that,within28daysafterreceivingthenotice,theapplicantmayappealagainstthedecisiontotheMagistrates Court.Division 4Appeal to Magistrates Court34Application of div 4Thisdivisionappliesifthechiefexecutivemakesareviewdecision in a way
mentioned in section 31(a) to (c).35Appeal to Magistrates Court(1)The applicant may appeal against the
review decision to theMagistrates Court.(2)The
appeal must be started—(a)if the applicant
receives notice about the review decisionunder section
33(5)—within 28 days after the notice isreceived;
or(b)otherwise—within 28 days after the
applicant becomesaware of the review decision.(3)However,thecourtmayextendthetimeformakingtheappeal.36Conduct 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 reviewdecision, on the material before the
chief executive and anyfurther evidence allowed by the
court.(3)The court may—
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Participation in Education and Training Act2003(a)allowtheappealandmakeanyorderitconsidersappropriate;
or(b)dismiss the appeal.Part
4Student accountsDivision 1Preliminary37Explanation and purposes(1)Thispartprovidesforthekeepingofarecord(astudentaccount)foreveryyoungpersonabouttheperson’sparticipationineligibleoptionsduringthecompulsoryparticipation
phase.(2)The purposes of keeping student
accounts are—(a)to support the Queensland Studies
Authority (theQSA)in performing its
certification functions under the QSAAct, section 13;
and(b)to make information available to the
chief executive toenable the chief executive to carry on
planning activitiesand re-engagement activities.2Division 2Opening student
accounts foryoung persons of compulsoryschool age38When
an account must be openedA student account must be opened for a
young person within 1year before the start of the person’s
compulsory participationphase.2See
section 7 (Activities to achieve objects).
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Participation in Education and Training Act200339Who must open an accountThefollowingpersonisresponsibleforopeningastudentaccount for a
young person—(a)if the young person is enrolled with a
State educationalinstitutionornon-Stateschool—theprincipaloftheinstitution or school;(b)otherwise—the chief executive.40How an account is openedAstudentaccountisopenedforayoungpersonbygivingnotice to the QSA
of the following information—(a)theperson’snameandanypreviousnamesoftheperson;(b)the
person’s address;(c)the person’s date of birth;(d)the person’s sex;(e)whetherthepersonisanAborigineorTorresStraitIslander;(f)whetherthepersonisapersonfromanon-Englishspeaking
background;(g)theeligibleoptioninwhichthepersonproposestoparticipatewhenthepersonstartsthecompulsoryparticipation
phase;(h)whether the person’s participation in
the eligible optionwill be full-time;(i)other
information prescribed under a regulation.40AYoung
person’s telephone number(1)Subsection(2)appliesifastudentaccountisopenedforayoung person under section 40.(2)Thepersonopeningtheaccountmay,whenopeningtheaccount,givenoticetotheQSAoftheyoungperson’s
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Participation in Education and Training Act2003telephonenumberiftheyoungpersonhasconsentedtothegiving of the notice.(3)TheQSAmust,assoonaspracticableafterreceivinginformationundersubsection(2),recordtheinformationinthe
account.Division 3Student account
phase41The student account phaseA
young person is in thestudent account phaseif—(a)the person is in
the compulsory participation phase; or(b)thepersonisnotyetinthecompulsoryparticipationphasebutastudentaccounthasbeenopenedfortheperson.42Obligation to notify informationIfayoungpersoninthestudentaccountphaseenrolsinaprogramorcoursewithaprovider,theprovidermustgivenotice to the QSA of the following
information—(a)theperson’snameandanypreviousnamesoftheperson;(b)the person’s address;(c)the person’s date of birth;(d)the eligible option in which the
person is participating,orproposestoparticipate,bytheenrolmentintheprogram 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)thedatethepersonstarted,orproposestostart,tocomply with the provider’s attendance
requirements forthe program or course;
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Participation in Education and Training Act2003(h)whether the person’s participation in
the eligible optionis, or will be, full-time;(i)the name, and type, of the
provider.43Obligation to open an account(1)This section applies if the QSA
receives a notice under section42aboutayoungpersonwhoisinthecompulsoryparticipation
phase but does not have a student account.(2)The
QSA may give the provider a notice asking it to open anaccount for the young person.(3)Onreceivingtherequest,theprovidermustopenastudentaccount for the young person by giving
notice to the QSA ofthe 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 isparticipating or
proposes to participate;(c)whether the
person’s participation in the eligible optionis, or will be,
full-time;(d)anyothereligibleoptionsinwhichthepersonisparticipating,orhasparticipated,sincestartingthecompulsory participation phase of which the
provider isaware.43AYoung
person’s telephone number(1)Subsection(2)appliesifastudentaccountisopenedforayoung person under section
43(3).(2)Theprovideropeningtheaccountmay,whenopeningtheaccount,givenoticetotheQSAoftheyoungperson’stelephonenumberiftheyoungpersonhasconsentedtothegiving of the notice.(3)TheQSAmust,assoonaspracticableafterreceivinginformationundersubsection(2),recordtheinformationinthe
account.
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Participation in Education and Training Act200344Obligation to notify other
matters(1)This section applies to a provider
with which a young personin the student account phase is
enrolled.(2)TheprovidermustgivenoticetotheQSA,atthetimesprescribed under a regulation, of the
following matters—(a)iftheproviderisawarethatinformation,previouslynotified to the QSA under this part, has
changed or isincorrect—the new or correct
information;(b)if the person stops being enrolled
with the provider—thedatethepersonstoppedbeingenrolledwiththeprovider;(c)ifthepersondiesandtheproviderisawareofthedeath—the death.Note—The provider is also required to give
the QSA certain information aboutthe person’s
results. See the QSA Act, section 18A.(3)Subsection (2)(a) does not apply to
information mentioned insection 40(g).45Chief
executive of VETE department may give notice onbehalf of certain
providers(1)This section applies to a provider
that is a TAFE institute orregistered training
organisation.(2)The provider complies with a
requirement under this divisionto give notice to
the QSA if, with the written agreement of theVETE chief
executive, it gives the relevant information to theVETE
chief executive and asks the VETE chief executive togive
the notice on its behalf.Division 4Use and
disclosure of information46Use and
disclosure by the QSA(1)The QSA may use
student account information to perform itscertification
functions under the QSA Act, section 13.
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Participation in Education and Training Act2003(2)ToenabletheQSAtoensuretheaccuracyofinformationrecorded in a
person’s student account, the QSA may disclosestudent account
information about the person to a provider.(3)To
enable the chief executive to carry on planning activities,3theQSAmustgivethechiefexecutivetheaggregatedinformation that
the chief executive asks for.(4)The
QSA must include, in its annual report for a financial yearunder
theFinancialAdministrationandAuditAct1977, thedetails of each
request under subsection (3) received duringthe year.(5)Toenablethechiefexecutivetocarryonre-engagementactivities,4the
QSA must give the chief executive any of theprescribed
information that the chief executive asks for abouta
stated young person or all young persons who, according totheperson’sstudentaccountorthepersons’studentaccounts—(a)is or
are in the compulsory participation phase; and(b)has
or have stopped being enrolled with a provider; and(c)afteraperiodofatleast3months,hasorhavenotre-enrolled with a provider.(6)If there is a student account for a
person, the QSA must givethe person access to the information
recorded in the account.(7)In this
section—aggregatedinformationmeansinformationaboutyoungpeople in the
student account phase that—(a)comprises or
includes, or is derived from, informationgiven to the QSA
under this part; and(b)couldnotreasonablybeexpectedtoresultintheidentification of any of the persons
to whom it relates.prescribed information, about a young
person mentioned insubsection (5), means the following
information recorded inthe person’s student account—3See section 7(a) (Activities to
achieve objects).4See section 7(b) (Activities to
achieve objects).
s
4727s 47Youth
Participation in Education and Training Act2003(a)name and any previous names;(b)address and telephone number;(c)date of birth;(d)thedatethepersonstoppedbeingenrolledwiththeprovider;(e)any eligible option in which the
person is participatingandthecomponentsoftheeligibleoptionbeingundertaken by the
person;(f)the name, and type, of the provider
for an eligible optionmentioned in paragraph (e);(g)any eligible option in which the
person was participatingimmediatelybeforethepersonstoppedbeingenrolledwiththeproviderandthecomponentsoftheeligibleoption that were being undertaken by the
person;(h)the name, and type, of the provider
for an eligible optionmentioned in paragraph (g).student account informationmeans
information recorded in astudent account.47Disclosure by chief executive to appropriate
entitiesTohelpincarryingonre-engagementactivities,thechiefexecutivemaydisclosethefollowinginformationaboutayoungpersoninthecompulsoryparticipationphasetoanentity the chief
executive considers appropriate—(a)name
and any previous names;(b)address;(c)date of birth;(d)thelasteligibleoptioninwhichtheyoungpersonparticipated, 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
4828s 50Youth
Participation in Education and Training Act2003Division 5Miscellaneous48Overseas students(1)This
section applies despite divisions 2 and 3.(2)Anentitymustnotopenastudentaccountforanoverseasstudent,orgivenoticetotheQSAoftheenrolmentofanoverseas student, without the
student’s written agreement.(3)In
this section—overseasstudentmeansapersonwhoholdsastudentvisaissued under theMigration Act
1958(Cwlth).48AClosing 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 awareof
the death, close the account.Part 5Legal
proceedingsDivision 1Evidence49Application of div 1This
division applies to a proceeding under this Act.50Appointments and authorityItisnotnecessarytoprovetheappointmentofthechiefexecutive or an
authorised officer, or the authority of the chiefexecutiveor an
authorisedofficer to do anything under
this
s
5129s 52Youth
Participation in Education and Training Act2003Act,
unless a party, by reasonable notice, requires proof of theappointment or authority.51SignaturesAsignaturepurportingtobethesignatureofthechiefexecutive or an
authorised officer is evidence of the signatureit purports to
be.52Other evidentiary aidsAcertificatepurportingtobesignedbythechiefexecutiveandstatinganyofthefollowingmattersisevidenceofthematter—(a)a
stated document is—(i)an approval, decision orrequirement madeunderthis
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 inparagraph (a);(c)onastatedday,orduringastatedperiod,anauthorisation as an authorised officer
was, or was not, inforce for a stated person;(d)on a stated day, or during a stated
period, a dispensationrelatingtoastatedyoungpersonwas,orwasnot,inforce;(e)on a
stated day, a stated person was given a stated noticeunder
this Act;(f)onastatedday,astatedrequirementwasmadeofastated person.
s
5330s 56Youth
Participation in Education and Training Act2003Division 2Offence
proceedings53Summary proceedings for
offences(1)A proceeding for an offence against
this Act must be taken ina summary way under theJustices Act 1886.(2)The proceeding must start—(a)within 1 year after the commission of
the offence; or(b)within6monthsaftertheoffencecomestothecomplainant’sknowledge,butwithin2yearsafterthecommission of the offence.54Statement of complainant’s
knowledgeIn a complaint starting a proceeding for an
offence against thisAct, a statement that the matter of the
complaint came to thecomplainant’s knowledge on a stated
day is evidence of whenthe matter came to the complainant’s
knowledge.55Evidence of chief executive’s
consentA certificate, purporting to be signed by
the chief executive,thatthechiefexecutiveconsentstothebringingofproceedings for an offence against
section 19(1) is evidence ofthe
consent.Part 6MiscellaneousDivision 1Involvement of certain non-Stateschool entities56Entities to which this division
appliesThis division applies to the following
entities—
s
5731s 60Youth
Participation in Education and Training Act2003(a)the Association of Independent Schools
of QueenslandInc.;(b)the
Queensland Catholic Education Commission.57Consultation about planningThechiefexecutivemustconsultregularlywiththeentitiesfor
the purpose of carrying on planning activities.558Consultation about proposed
regulationsThe Minister must consult with the entities
before making arecommendation to the Governor in Council
about making aregulation under section 40(i), 44(2) or
59.659Aggregated
information(1)TheQSAmustgiveeachoftheentities,atthetimesprescribedunderaregulation,theaggregatedinformationprescribed under
a regulation relating to the entity.(2)In
this section—aggregated informationsee section
46(7).Division 2Other
matters60TransitionalTo remove any
doubt, it is declared that, despite section 11, ayoung
person is not in the compulsory participation phase ifthe
person turned 15 years or completed year 10 before thecommencement of that section.5See section 7(a) (Activities to
achieve objects).6Section 40 (How an account is opened),
44 (Obligation to notify other matters) or 59(Aggregated
information)
s
6132s 61Youth
Participation in Education and Training Act200361Confidentiality(1)This
section applies to a person—(a)who
is or has been—(i)the chief executive or a public
service employee inthe 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 thechiefexecutivehasgiveninformationundersection 47;7and(b)who, in the
course of the administration of this Act, orbecause of
opportunity provided by the administration,has gained or has
access to personal information about ayoung person in
the student account phase.(2)Thepersonmustnotmakearecordoftheinformationordisclose 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 informationrelates; or(c)in
compliance with lawful process requiring productionofdocumentsorgivingofevidencebeforeacourtortribunal; or(d)as
permitted or required by another Act.Maximum
penalty—50 penalty units.(3)Subsection(2)continuestoapplytopersonalinformationabout a young
person in the student account phaseafter thephase
ends.(4)In this section—discloseinformation includes give access to the
information.employee, of a provider,
the QSA or another entity, includes—7Section 47 (Disclosure by chief executive to
appropriate entities)
s
6233s 64Youth
Participation in Education and Training Act2003(a)a person appointed to a position with
the entity; and(b)apersonengagedbytheentityunderacontractforservices; and(c)an
unpaid employee of the entity.personalinformationmeansinformationoranopinion,whethertrueornot,aboutanindividualwhoseidentityisapparent,orcanreasonablybeascertained,fromtheinformation or opinion.62Delegation by chief executive(1)Thechiefexecutivemaydelegatethechiefexecutive’spowers under this
Act to an appropriately qualified officer oremployee of the
department or the VETE department.(2)A
delegation of a power may permit the subdelegation of thepower
to an appropriately qualified officer or employee of thedepartment or the VETE department.(3)In this section—appropriatelyqualifiedincludeshavingqualifications,experience or
standing appropriate to exercise the power.Example of
standing—a person’s classification level in the
public service63Approved formsThe chief
executive may approve forms for use under this Act.64Regulation-making powerTheGovernorinCouncilmaymakeregulationsunderthisAct.
34Youth Participation in Education and
Training Act2003Schedule 2Dictionarysection 9approved
form, for a purpose, means the form approved
forthe purpose by the chief executive under
section 63.AQFsee the VETE Act, section 19.8attending, a provider or
other entity, means complying withtheproviderorentity’sattendancerequirementsintherelevant way stated in section 14(2)
or (3).authorised officersee section
21(6).certificate IIImeans a
qualification by that name under theAQF.chiefexecutive(families)meansthechiefexecutiveofthedepartmentinwhichtheChildProtectionAct1999isadministered.compulsory
participation phasesee section 11.compulsory
school agesee the EGP Act, section 4A.9Note—See
also the EGP Act, section 166E.8VETE
Act, section 19—AQFmeans 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 theMinisterial
Council on Education, Employment, Training and Youth Affairs so as
tocommence on 1 January 1995 and that policy
framework as amended from time totime.9Education (General Provisions) Act
1989—4AMeaning
ofcompulsory school age(1)A
child is ofcompulsory school ageif the child is
at least 6 years andless than 16 years.(2)However, a child is no longer of compulsory
school age if the child hascompleted year 10.
35Youth Participation in Education and
Training Act2003Schedule 2 (continued)departmental employment skills development
programsseethe VETE Act, section 106C(2).distance educationsee the EGP Act,
section 2(1).10educational programincludes—(a)forareferencetoaneducationalprogramprovidedundertheEGPAct—aprogramunderarrangementsapproved under
the EGP Act, section 114B; or(b)forareferencetoaneducationalprogramprovidedundertheEducation(AccreditationofNon-StateSchools)Act2001—aprogramunderarrangementsapproved under
the EGP Act, section 114A.EGP Actmeans theEducation (General Provisions) Act
1989.eligible optionsee section
12.employment exemptionmeans an
employment exemption inforce under the VETE Act, chapter 5,
part 3, division 5A.11external
programmeans—(a)analternativeeducationprogramundertheEGPAct,section 30;(b)a
program under arrangements approved under the EGPAct,
section 114A or 114B;(c)anotherprogramorcourseforwhichtheprovider’srequirementsdonotincludephysicallyattending,atparticulartimes,theprovider’spremisesoranotherplace.10EGP Act, section 2(1)—distance educationmeans education
provided where students and teachers are notregularly in the
presence of each other for that purpose but communicate with
eachother in writing, by print or by
electronic-means or other like-means.11VETEAct,chapter5(Ombudsman,boardandcouncil),part3(TrainingandEmploymentRecognitionCouncil),division5A(Decidingemploymentexemptions)
36Youth Participation in Education and
Training Act2003Schedule 2 (continued)full-time,inrelationtoparticipationinaneligibleoption,meansatalevelthatisfull-timeunderthefollowingprovisions—(a)foranapprenticeshiportraineeshipundertheVETEAct—section
18(2);(b)otherwise—section 15.guardianmeans a person
who is recognised in law as havingall the duties,
powers, responsibilities and authority that, bylaw, parents have
in relation to their children.12humanservicesincludeseducation,familysupport,healthand
housing.human services entitymeans a
Commonwealth, State or localgovernment entity
with functions relating to human services.informationincludes a
document.ministerialdeclaration‘Steppingforward:improvingpathways for all young people’see
section 5.non-departmentalemploymentskillsdevelopmentprogrammeans
a program included in the register maintained under theVETE
Act, section 183E.non-Stateschoolmeansaschoolthatisaccredited,orprovisionally accredited, under theEducation(Accreditationof Non-State
Schools) Act 2001.non-universityproviderseetheHigherEducation(GeneralProvisions) Act 2003, schedule
2.noticemeans written
notice.original decision, for part 3,
division 3,13see section 31.12SeetheFamilyLawAct1975(Cwlth),part7(Children),division2(Parentalresponsibility).13Part
3 (Dispensations), division 3 (Review of decision by chief
executive)
37Youth Participation in Education and
Training Act2003Schedule 2 (continued)parentincludes a
guardian.participating, in an eligible
option, means participating underthe following
provisions—(a)foranapprenticeshiportraineeshipundertheVETEAct—section
18(2);(b)otherwise—section 14.planning activitiessee section
7(a).principal,ofanon-Stateschoolwithnopositionbythatname,meansthepersonresponsiblefortheschool’sday-to-day
management.provider—(a)generally—see section 12; and(b)inaprovisionaboutaneligibleoption—meanstheprovider for the option.QSAActmeanstheEducation(QueenslandStudiesAuthority) Act 2002.Queensland Studies AuthorityorQSAmeans the
QueenslandStudies Authority established under the QSA
Act, section 6.re-engagement activitiessee section
7(b).registered teachersee theEducation (Queensland College ofTeachers) Act 2005, schedule
3.registered training organisationsee
the VETE Act, section14.Note—This includes an agricultural college.
See theAgricultural Colleges Act1994,14section 3.reviewdecision,forpart3,divisions3and4,seesection33(2).14Now see theAgricultural
College Act 2005, section 50.
38Youth Participation in Education and
Training Act2003Schedule 2 (continued)senior certificatemeans a
certificate of achievement of thattype issued under
the QSA Act.State educational institutionmeans
an educational institutionestablished under the EGP Act, section
16, 17 or 18.State schoolmeans a State
school within the meaning of theEGP Act.student accountsee section
37(1).student account phasesee section
41.TAFE institutesee the VETE Act,
section 191.universitysee theHigher Education (General Provisions)
Act2003, schedule 2.VETEActmeanstheVocationalEducation,TrainingandEmployment Act 2000.VETE chief executivemeans
the chief executive of the VETEdepartment.VETE
departmentmeans the department in which the
VETEAct is administered.
39Youth Participation in Education and
Training Act2003Attachmentsection 5Ministerial declaration ‘Stepping
forward:improving pathways for all young
people’A commitment to the young people of
Australiaby Ministers for Education,
Employment,Training, Youth Affairs and CommunityServicesYoungpeoplemakeasignificantcontributiontoAustraliatoday and will
shape what it will be tomorrow. The vitality,ideas,creativityandvisionsofallyoungpeoplemustbeembraced.Themajorityofyoungpeoplearedoingwell,movingsuccessfullythroughthedifferentstagesoftheirlivesandrespondingtothechallengesofthefuture.Wecanbeconfidentthattheywillachievesuccess,findfulfilmentintheiradultlivesandmakeapositivecontributiontothiscountry.Someyoungpeoplefindtheirjourneysmoredifficultandchallenging.Theymayfaceproblemsinacquiringtheknowledge,skillsandself–confidencethatformthefoundations of
their adult lives. We recognise the emotional,physical,
cultural and learning barriers faced by these youngpeopleandthesocial,economicandlocationalfactorsthatmay negatively impact on their lives.
There are opportunitiesfor governments to address these
barriers so that young peoplecan achieve their
best.AsMinistersentrustedwiththecollectivewellbeingandinterests of young people, we must foster an
environment inwhich young people are nurtured and
challenged—a societywhereallyoungpeoplecanrealisetheirfullpotential.We
40Youth Participation in Education and
Training Act2003Attachment (continued)must
work together to support young Australians to achievesuccess as individuals and as members of
society. We need toact collectively and we need to act
now.VisionOur vision is of
an Australia where:•youngpeoplebenefitandflourishthroughsustainingnetworks of
family, friends and community, and throughtheirengagementineducation,training,employment,recreation and
society•youngpeople’sopinionsandcontributionsaresoughtand valued, and
they are encouraged and supported totake an active
role in their communities and the nation•youngpeople’slivesareenrichedbypositivelearningexperiences and opportunities that assist
them to reachtheir full potential•werecogniseandcelebrateyoungpeople’sachievements.ChallengeOur
challenge is to:•listen and respond to young
people•workcreativelyinpartnershipwithyoungpeopletobuildcomprehensivenetworksthatdrawtogetherjurisdictions,governmentdepartments,familiesandcommunities so that united we can
address the complexissues confronting young people•recognise and address structural
barriers faced by youngpeople
41Youth Participation in Education and
Training Act2003Attachment (continued)•ensurethatourgovernmentalsystemsrecognisethediversityofyoungpeoplethroughbeinginclusive,flexible and
adaptive•create effective opportunities for
young people that areaccessible, integrated and
meaningful•encourageyoungpeopletotakeincreasingresponsibility
for their own lives, support their peers andcontribute to
their community•ensurethatyoungpeoplehavetheinformation,skillsand
support needed to negotiate the transition to adultlife
and to make informed life decisions.Our
declarationWith this declaration, we commit to
developing practical waysto increase the social, educational
and employment outcomesof Australia’s young people including
those who are at risk,disconnectedorinvulnerablecircumstances.Weagreetoestablishacommondirectiontomakearealandlastingdifference to the lives of young people. We
are united by asharedcommitmentandajointresponsibility.Weunanimouslyagreetoworkinpartnershiptowardsimplementing a shared vision for all young
people.
42Youth Participation in Education and
Training Act2003Attachment (continued)Australia’s Ministers for Education,
Employment, Training, Youth Affairsand Community
Services
43Youth Participation in Education and
Training Act2003Attachment (continued)
44Youth Participation in Education and
Training Act2003Endnotes1Index to endnotesPage2Date to which amendments incorporated
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.443Key . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . .444Table of reprints
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .455List
of legislation . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .456List of annotations . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .462Date to which amendments
incorporatedThis is the reprint date mentioned in the
Reprints Act 1992, section 5(c). Accordingly, thisreprint 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
bemade in accordance with this reprint under
the Reprints Act 1992, section 49.3KeyKey to abbreviations in list of
legislation and annotationsKeyAIAamdamdtchdefdivexpgazhdginslapnotfdo in
comorigpparaprecpresprevExplanation=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=previousKey(prev)procprovptpubdR[X]RArelocrenumrep(retro)rvsschsdivSIASIRSLsubunnumExplanation=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
45Youth Participation in Education and
Training Act20034Table of
reprintsReprints are issued for both future and past
effective dates. For the most up-to-date tableof reprints, see
the reprint with the latest effective date.Ifareprintnumberincludesaletterofthealphabet,thereprintwasreleasedinunauthorised, electronic form only.ReprintNo.11AAmendments
included2004 Act No. 532005 Act No.
652000 Act No. 5 (amd2006 Act No.
26)Effective1 January
200621 July 2006Notes5List of legislationYouth
Participation in Education and Training Act 2003 No. 62date
of assent 13 October 2003ss 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 (2003SL No.
278)remaining provisions commenced 1 January
2006 (see s 2(3))amending legislation—Statute Law
(Miscellaneous Provisions) Act 2004 No. 53date of assent 29
November 2004commenced on date of assentYouth
Participation in Education and Training and Another Act Amendment
Act2005 No. 65 s 1, pt 2, s 3 schdate
of assent 28 November 2005commenced on date of assentPolice
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 2006No.
26 ss 1–2, 84, 86 (amends 2000 No. 5 above)date of assent 1
June 2006ss 1–2 commenced on date of assentremaining provisions commenced 21 July 2006
(2006 SL No. 185)
46Youth Participation in Education and
Training Act20036List of
annotationsEligible options and providerss
12amd 2004 No. 53 s 2 schSuspension or
exclusions 17amd 2005 No. 65 s 3 schInformation notice and meetings
21amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26
ss 84, 86)How an account is openeds 40sub
2005 No. 65 s 4Young person’s telephone numbers
40Ains 2005 No. 65 s 4Obligation to
notify informations 42sub 2005 No. 65 s 5Obligation to open an accounts
43amd 2005 No. 65 s 6Young person’s
telephone numbers 43Ains 2005 No. 65 s 7Obligation to notify other matterss
44amd 2005 No. 65 s 8Use and disclosure
by the QSAs 46amd 2005 No. 65 s 9Closing of accounts 48Ains
2005 No. 65 s 10Consultation about proposed
regulationss 58amd 2005 No. 65 s 11Aggregated informations 59amd
2005 No. 65 s 12Transitionals 60amd
2005 No. 65 s 13Confidentialitys 61amd
2005 No. 65 s 14PART 7—AMENDMENT OF EDUCATION (GENERAL
PROVISIONS) ACT 1989pt hdgom R1 (see RA s
7(1)(k))Division 1—Preliminarydiv 1 (s
65)om R1 (see RA ss 7(1)(k) and 40)Division 2—Amendments commencing on
proclamationdiv 2 (ss 66–84)om R1 (see RA ss
7(1)(k) and 40)
47Youth Participation in Education and
Training Act2003Division 3—Amendments commencing on 1
January 2006div hdgom R1 (see RA s
7(1)(k))Amendment of s 2 (Interpretation)s
85om R1 (see RA s 40)Insertion of new s
4As 86om R1 (see RA s 40)Amendment of s 114A (Flexible
arrangements—non-State school)s 87om R1
(see RA s 40)Amendment of s 114B (Flexible
arrangements—State educational institution)s 88om R1
(see RA s 40)Amendment of s 115 (Dispensation from
compliance with compulsory enrolment andattendance
provisions)s 89om R1 (see RA s 40)Insertion of new s 116Cs 90om R1
(see RA s 40)Insertion of new s 166Es 91sub
2005 No. 65 s 15om R1 (see RA s 40)PART 8—AMENDMENT
OF OTHER ACTSpt hdgom R1 (see RA s
7(1)(k))Division 1—Education (Accreditation of
Non-State Schools) Act 2001div 1 (ss 92–93)om R1 (see RA ss
7(1)(k) and 40)Division 2—Education (Queensland Studies
Authority) Act 2002div hdgom R1 (see RA s
7(1)(k))Act amended in div 2s 94om R1
(see RA s 40)Amendment of s 3 (Objects of Act)s
95om R1 (see RA s 40)Insertion of new s
14As 96om R1 (see RA s 40)Amendment of pt 2, div 4 hdg (Tests and
nullifications of syllabuses and preschoolguidelines)s 97om R1
(see RA s 40)Insertion of new ss 18A and 18Bprov
hdgamd 2005 No. 65 s 16(1)s 98amd
2005 No. 65 s 16(2)om R1 (see RA s 40)Division
3—Education (Teacher Registration) Act 1988div 1 (ss
99–100)om R1 (see RA ss 7(1)(k) and
40)