Education (Senior Secondary School Studies) By-law 1999


Queensland Crest
EDUCATION (SENIOR SECONDARY SCHOOL STUDIES) BY-LAW 1999
Queensland Education (Senior Secondary School Studies) Act 1988 EDUCATION (SENIOR SECONDARY SCHOOL STUDIES) BY-LAW 1999 Reprinted as in force on 1 July 2002 (includes amendments up to SL No. 108 of 2000) This is the reprint current on the repeal date Reprint No. 2A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy
Information about this reprint This by-law is reprinted as at 1 July 2002. 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. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— when provisions commenced editorial changes made in earlier reprints.
Queensland EDUCATION (SENIOR SECONDARY SCHOOL STUDIES) BY-LAW 1999 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 2—EXTERNAL SENIOR EXAMINATIONS 3 Examinations to be made available . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4 Persons eligible to take examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Persons eligible to take examination because of exceptional circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 Number of subjects in which examination may be taken . . . . . . . . . . . . . . . 7 7 Examination may be taken in more subjects because of exceptional circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Application to take examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Decision about application to take examination . . . . . . . . . . . . . . . . . . . . . . 9 10 Numbers and cards for examinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 11 Where examinations can be taken . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 Other arrangements for examinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 13 Appointment of officials for examinations . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 14 Methods of giving answers in examination . . . . . . . . . . . . . . . . . . . . . . . . . . 11 15 Grading of achievement in examinations . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 16 Revaluation of achievement in examinations . . . . . . . . . . . . . . . . . . . . . . . . 12 17 Inspection of scripts of examinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2 Education (Senior Secondary School Studies) By-law 1999 PART 3—CORE SKILLS TESTS 18 Persons other than full-time students may apply to take a core skills test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 19 Applications to take a core skills test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 20 Decision about application for approval to take a core skills test . . . . . . . . 14 21 Appointment of officials for core skills tests . . . . . . . . . . . . . . . . . . . . . . . . . 14 22 Grading of core skills tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 PART 4—RULES 23 Rule-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 24 Publication of rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 PART 5—AWARD OF SENIOR CERTIFICATES AND PREPARATION OF ACHIEVEMENT LISTS BY BOARD 25 Principal to give assessment results to board . . . . . . . . . . . . . . . . . . . . . . . . 16 26 Award of senior certificates to persons finishing senior secondary education in full-time schooling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 27 Decisions about sufficiency of attendance . . . . . . . . . . . . . . . . . . . . . . . . . . 17 28 Award of senior certificates to persons finishing senior secondary education other than in full-time schooling . . . . . . . . . . . . . . . . . . . . . . . . . . 18 29 Award of senior certificates to persons taking external senior examinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 30 List measuring comparative achievement . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 30A Confidentiality of lists of information under s 30 . . . . . . . . . . . . . . . . . . . . . 20 PART 6—COPIES OF CERTIFICATES 31 Issue of copies of certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 PART 7—REVIEWS AND VERIFICATIONS 32 Review of information in tertiary entrance statements . . . . . . . . . . . . . . . . . 21 33 Verification of information in senior certificates . . . . . . . . . . . . . . . . . . . . . 21 34 Applying for review or verification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 35 Decision about application for review of information in tertiary entrance statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 36 Decision about application for verification of information in senior certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 PART 8—RECORDED SUBJECTS 37 List of recorded subjects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
3 Education (Senior Secondary School Studies) By-law 1999 38 Adding to list of recorded subjects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 PART 9—FEES 39 Service fee payable by holders of visas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 40 Waiver of service fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 41 Refund of nomination fee in cases of illness . . . . . . . . . . . . . . . . . . . . . . . . . 24 42 Refund of nomination fee in cases of cancellation . . . . . . . . . . . . . . . . . . . . 25 43 Fees in sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 PART 10—APPEALS 44 Definitions for pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 45 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 27 FEES SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 28 DICTIONARY ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 30 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
s1 5 s4 Education (Senior Secondary School Studies) By-law 1999 EDUCATION (SENIOR SECONDARY SCHOOL STUDIES) BY-LAW 1999 [as amended by all amendments that commenced on or before 1 July 2002] PART 1—PRELIMINARY ˙ Short title 1. This by-law may be cited as the Education (Senior Secondary School Studies) By-law 1999 . ˙ Definitions 2. The dictionary in schedule 2 defines particular words used in this by-law. PART 2—EXTERNAL SENIOR EXAMINATIONS ˙ Examinations to be made available 3. The board must make an external senior examination available to be taken each year. ˙ Persons eligible to take examination 4.(1) A person is eligible to take an external senior examination if the person is not a full-time student and— (a) if the person has finished year 10 or its equivalent, but not year 12, in full-time schooling and has not obtained a senior certificate—it is at least 2 years since the person finished year 10
s5 6 s5 Education (Senior Secondary School Studies) By-law 1999 or its equivalent; or (b) if the person has not finished year 10 or its equivalent in full-time schooling—the person is at least 19 by the end of the year in which the person proposes to take the examination; or (c) the person has finished year 12 in full-time schooling and has obtained a senior certificate. (2) A person is also eligible to take an external senior examination in a subject if— (a) the person is a full-time student in year 12; and (b) the board is satisfied that— (i) the person can not reasonably study the subject at the person’s school; and (ii) the board is satisfied the person’s education in the subject will be achieved other than by studying the subject at the school. Example for paragraph (b)(i) A person is a full-time student at a school studying a subject. During year 12, the person transfers from the school to another school. The subject is not offered at the other school. (3) A person can not reasonably study a subject at a school if, for example— (a) the subject is not taught at the school; or (b) the subject is taught at the school, but only at the same times as another subject being studied by the person at the school. ˙ Persons eligible to take examination because of exceptional circumstances 5.(1) A person is eligible to take an external senior examination if the board declares the person to be eligible under this section. (2) The person may apply to the board to be declared to be eligible under this section.
s6 7 s7 Education (Senior Secondary School Studies) By-law 1999 (3) The application must— (a) be in the approved form; and (b) accompany an application under section 8 to take the examination. (4) The board must consider the application and either grant or refuse the application. (5) The board may grant the application only if the board is reasonably satisfied exceptional circumstances exist that justify the decision. (6) The board must immediately give the applicant written notice of the decision. (7) If the board decides to refuse the application, the notice must include reasons for the decision. ˙ Number of subjects in which examination may be taken 6.(1) An eligible person who is not a full-time student may not take an external senior examination in more than 3 subjects if the person— (a) will be less than 19 at the end of the year in which the person proposes to take the examination; and (b) has not finished year 12 in full-time schooling; and (c) has not obtained a senior certificate. (2) Subsection (1) applies subject to section 7. (3) An eligible person who is a full-time student may not take an external senior examination in more than 2 subjects. (4) Otherwise, an eligible person may take an external senior examination in the number of subjects the person wishes. ˙ Examination may be taken in more subjects because of exceptional circumstances 7.(1) A person to whom section 6(1) applies may take an external senior examination in more than 3 subjects if the person has the board’s approval. (2) The person may apply to the board for its approval under this section.
s8 8 s8 Education (Senior Secondary School Studies) By-law 1999 (3) The application must— (a) be in the approved form; and (b) accompany an application under section 8 to take the examination. (4) The board must consider the application and either grant or refuse the application. (5) The board may grant the application only if the board is reasonably satisfied exceptional circumstances exist that justify the decision. (6) The board must immediately give the applicant written notice of the decision. (7) If the board decides to refuse the application, the notice must include reasons for the decision. ˙ Application to take examination 8.(1) A person who wishes to take an external senior examination must apply to the board. (2) The person may— (a) apply to take the examination at a place other than a place at which the board has decided the examination can be taken; or (b) apply for special arrangements to be made to enable the person to take the examination, including arrangements for— (i) a private place for the person to take the examination; or (ii) a person to write or type what the person taking the examination dictates. (3) An application must— (a) be in the approved form; and (b) be accompanied by— (i) the nomination fee for the application; and (ii) if the application is received after a closing day—the late application fee. (4) A person must also pay, in the way decided by the board—
s 9 9 s 10 Education (Senior Secondary School Studies) By-law 1999 (a) if the person has made an application under subsection (2)(a)—a local expenses fee; and (b) if the person has made an application under subsection (2)(b)—a special arrangements fee. (5) The local expenses fee and special arrangements fee are the amounts that— (a) the board considers to be reasonable; and (b) are not more than the reasonable cost of— (i) for the local expenses fee—providing for the examination to be taken at the other place; or (ii) for the special arrangements fee—providing for the special arrangements. ˙ Decision about application to take examination 9.(1) The board must consider the application and either grant or refuse the application. (2) The board must grant the application if— (a) the person is an eligible person; and (b) the person has applied to take an external senior examination in the number of subjects the person may take— (i) under section 6; or (ii) because the board has granted an application made by the person under section 7. (3) The board must immediately give the applicant a written notice of the decision. (4) If the board decides to refuse the application, the notice must include reasons for the decision. ˙ Numbers and cards for examinations 10.(1) This section applies if the board grants an application to take an
s 11 10 s 12 Education (Senior Secondary School Studies) By-law 1999 external senior examination. (2) The board must give the person whose application is granted— (a) an examination number; and (b) a card showing the number. (3) The person must— (a) keep the card until the examination is finished; and (b) show the card to a supervisor of the examination on demand. ˙ Where examinations can be taken 11.(1) The board may decide the places at which an external senior examination can be taken. (2) The board must— (a) make a list of the places available for inspection at the board’s office in Brisbane during normal business hours; and (b) give a copy of the list to a person who asks for the copy. (3) A person may only take an external senior examination at— (a) a place decided under subsection (1); or (b) if the board has granted an application by the person to take the examination at another place—the other place. ˙ Other arrangements for examinations 12.(1) The board may decide arrangements it will make for persons to take external senior examinations. (2) The board must— (a) make a written notice stating the arrangements available for inspection at the board’s office in Brisbane during normal business hours; and (b) give a copy of the notice to a person who asks for the copy. (3) The board must make the following arrangements for persons taking
s 13 11 s 15 Education (Senior Secondary School Studies) By-law 1999 the examinations— (a) for a person for whom an application for special arrangements has been granted under section 8—the special arrangements; (b) for other persons—the arrangements decided under subsection (1). ˙ Appointment of officials for examinations 13.(1) The board may appoint appropriately qualified persons to ensure the proper conduct of an external senior examination and the proper evaluation of the results of the examination. (2) The duties of a person appointed under this section are those directed by the board from time to time. (3) In this section— “appropriately qualified” includes having the qualifications, experience or standing appropriate to the exercise of the power. Example of ‘standing’— If the person is a staff member of the office, the person’s position in the office. ˙ Methods of giving answers in examination 14. The board may make arrangements for answers to questions in an external senior examination to be given— (a) orally; or (b) in writing; or (c) both orally and in writing. ˙ Grading of achievement in examinations 15. The person appointed by the board as chief examiner for an external senior examination must decide the level of achievement of each person who takes the examination.
s 16 12 s 16 Education (Senior Secondary School Studies) By-law 1999 ˙ Revaluation of achievement in examinations 16.(1) A person who has taken an external senior examination may ask the board to revalue the person’s level of achievement decided by the chief examiner for the examination and stated in the person’s senior certificate. (2) A request under subsection (1) must— (a) be made to the board; and (b) be in the approved form; and (c) be made— (i) before the first Tuesday 7 weeks after the finishing day; or (ii) if the Monday immediately before the day mentioned in subparagraph (i) is a public holiday—before the first Wednesday 7 weeks after the finishing day; or (iii) if the day mentioned in subparagraph (i) is less than 20 days after the person is first given the person’s senior certificate—within 20 days after the person is first given the certificate; and (d) be accompanied by the revaluation fee. (3) If a person makes a request under this section, the board must— (a) revalue the person’s level of achievement for the examination; and (b) notify the person in writing of the board’s decision. (4) If, after revaluing the person’s level of achievement, the board decides to increase or decrease the level of achievement, the board must— (a) award the person a replacement senior certificate that includes the increased or decreased level of achievement; and (b) refund the revaluation fee to the person; and (c) if the level of achievement is decreased, immediately give the person a written notice of the decision, including reasons for the decision. (5) If, after revaluing the person’s level of achievement, the board decides not to increase or decrease the level of achievement, the board must
s 17 13 s 19 Education (Senior Secondary School Studies) By-law 1999 immediately give the person a written notice of the decision, including reasons for the decision. ˙ Inspection of scripts of examinations 17.(1) A person who has taken an external senior examination may ask the board for permission to inspect the person’s examination script. (2) A request under subsection (1) must— (a) be made to the board; and (b) be in the approved form; and (c) be accompanied by the script inspection fee. (3) If the person makes a request under this section, the board must make the person’s examination script available for inspection at the board’s office in Brisbane during normal business hours. PART 3—CORE SKILLS TESTS ˙ Persons other than full-time students may apply to take a core skills test 18. The following persons may apply to the board to take a core skills test— (a) a person who finished year 12 by full-time schooling in a year other than the year in which the person proposes to take the test; (b) a person who is not a full-time student and will be at least 18 by the end of the year in which the person proposes to take the test. ˙ Applications to take a core skills test 19. An application to take a core skills test must— (a) be made in the way stated in the rules; and
s 20 14 s 22 Education (Senior Secondary School Studies) By-law 1999 (b) be accompanied by— (i) the nomination fee for the application; and (ii) if the application is received after a closing day—the late application fee. ˙ Decision about application for approval to take a core skills test 20.(1) The board must consider the application and either grant or refuse the application. (2) The board must grant the application if the person is entitled, under section 18, to apply to take the test. (3) The board must immediately give the applicant a written notice of its decision. (4) If the board refuses the application, the notice must include reasons for the decision. ˙ Appointment of officials for core skills tests 21.(1) The board may appoint appropriately qualified persons to ensure the proper conduct of a core skills test and the proper evaluation of the results of the test. (2) The duties of a person appointed under this section are those directed by the board from time to time. (3) In this section— “appropriately qualified” includes having the qualifications, experience or standing appropriate to the exercise of the power. Example of ‘standing’ If the person is a staff member of the office, the person’s position in the office. ˙ Grading of core skills tests 22. The board must give each person who takes a core skills test a grade for the test.
s 23 15 s 24 Education (Senior Secondary School Studies) By-law 1999 PART 4—RULES ˙ Rule-making power 23. The board may make rules for the carrying into effect of all or any of the provisions and objects of this by-law, including, for example, the following matters— (a) the subjects to which an external senior examination relates; (b) the syllabus for each subject to which an external senior examination relates; (c) the books and other materials required or recommended for study by persons intending to take an external senior examination; (d) the content, length or format of a core skills test; (e) timetables about when and where an external senior examination or core skills test will be held; (f) the closing day; (g) other matters necessary or convenient for the proper conduct of an external senior examination or core skills test; (h) awarding senior certificates to persons who finish senior secondary education other than in full-time schooling. ˙ Publication of rules 24.(1) As soon as practicable after making a rule under this part, the board must publish in the gazette notice of— (a) the making of the rule; and (b) where the rule is available for inspection. (2) The board must make a copy of the rule available for inspection at the place notified under subsection (1)(b).
s 25 16 s 26 Education (Senior Secondary School Studies) By-law 1999 PART 5—AWARD OF SENIOR CERTIFICATES AND PREPARATION OF ACHIEVEMENT LISTS BY BOARD ˙ Principal to give assessment results to board 25.(1) The principal of an assessing school must give the board the results of the school’s assessment of persons undertaking senior secondary education at the school for— (a) board subjects assessed under procedures that have been decided by the board; and (b) board registered subjects for which there are work programs that have been approved by the board; and (c) recorded subjects. (2) The board may, by written notice, require the principal to give it the results, at the time, and in the way, stated in the notice. (3) The principal must comply with the requirement. ˙ Award of senior certificates to persons finishing senior secondary education in full-time schooling 26.(1) If section 27 does not apply, the board must award a senior certificate to a person who has finished senior secondary education in full-time schooling at an assessing school. (2) If section 27 applies, the board must award a senior certificate to a person— (a) who has finished senior secondary education in full-time schooling at an assessing school; and (b) who the board decides, under the section, has substantially covered the enrolled subjects and been adequately assessed on the subjects. (3) The person’s senior certificate must be based on the following assessments given to the board under section 25—
s 27 17 s 27 Education (Senior Secondary School Studies) By-law 1999 (a) for a board subject or board registered subject—assessments of the person by the school at which the person finished year 12; (b) for a recorded subject—assessments of the person by the school through which the person undertook schooling or the educational institution responsible for assessment of the subject. (4) The person’s senior certificate must state, for each board subject or board registered subject studied by the person— (a) the number of semester units for which the subject was studied by the person in years 11 and 12; and (b) if the subject has vocational education components—the components; and (c) the level of achievement by the person in the subject; and (d) for a board registered subject in which separate strands of the subject are assessed—the level of achievement by the person in each strand studied by the person. (5) Also, the person’s senior certificate must state, for each recorded subject studied by the person— (a) the name of the subject; and (b) the information about the assessment of the person for the subject that the board decides. ˙ Decisions about sufficiency of attendance 27.(1) This section applies if the principal of the assessing school attended by a person gives the board written notice of the principal’s belief that the person’s attendance has been insufficient for the person to substantially cover the enrolled subjects and be adequately assessed on the subjects. (2) The board must decide whether or not the person has substantially covered the enrolled subjects and been adequately assessed on the subjects. (3) Before making a decision under subsection (2), the board must first give the person a written notice (a “show cause notice” ) stating the following—
s 28 18 s 28 Education (Senior Secondary School Studies) By-law 1999 (a) the proposed decision; (b) the grounds for the proposed decision; (c) an outline of the facts and circumstances forming the basis for the grounds; (d) an invitation to the person to show within a stated period (a “show cause period” ) why the proposed decision should not be made. (4) The show cause period must be a period ending at least 14 days after the show cause notice is given to the person. (5) The person may make written representations about the proposed decision to the board in the show cause period. (6) The board must take the person’s representations into account before making a decision under subsection (2). (7) The board must immediately give the principal and the person a written notice stating the following— (a) the decision; (b) the grounds for the decision; (c) an outline of the facts and circumstances forming the basis for the grounds. ˙ Award of senior certificates to persons finishing senior secondary education other than in full-time schooling 28.(1) The board may award a senior certificate to a person who has finished senior secondary education other than in full-time schooling. (2) The person’s senior certificate must be based on assessments of the person by an educational institution— (a) through which the person undertook the schooling; and (b) that assesses persons for board subjects under assessment procedures for the subjects decided by the board. (3) The person’s senior certificate must state, for each board subject or board registered subject studied by the person—
s 29 19 s 30 Education (Senior Secondary School Studies) By-law 1999 (a) the number of semester units for which the subject was studied by the person; and (b) if the subject has vocational education components—the components; and (c) the level of achievement by the person in the subject; and (d) for a board registered subject in which separate strands of the subject are assessed—the level of achievement by the person in each strand studied by the person. (4) Also, a person’s senior certificate must state, for each recorded subject studied by the person— (a) the name of the subject; and (b) the information about the assessment of the person for the subject decided by the board. ˙ Award of senior certificates to persons taking external senior examinations 29.(1) The board must award a senior certificate to a person who has taken an external senior examination. (2) The certificate must state the level of achievement of the person for each subject to which the examination relates. ˙ List measuring comparative achievement 30.(1) The board must prepare a list of information about persons who have finished senior secondary education in a year measuring the comparative achievement of the persons in board subjects studied by the persons. (2) The board must decide the kind of information to be included in the list. (3) The board may make the list available to an appropriate authority— (a) on the conditions the board decides; and (b) on payment of a reasonable fee.
s 30A 20 Education (Senior Secondary School Studies) By-law 1999 s 31 ˙ Confidentiality of lists of information under s 30 30A.(1) This section applies to a person who, in performing functions under the Act has access to, or custody of, a list of information under section 30. (2) The person must not disclose the information, or give the list or access to the list, to anyone else. (3) However, the person may disclose the information or give access to the list to someone else— (a) to the extent necessary to perform the person’s functions under the Act; or (b) if the disclosure or giving of access is otherwise required or permitted by law. PART 6—COPIES OF CERTIFICATES ˙ Issue of copies of certificates 31.(1) The board must issue a copy of a certificate to a person if— (a) the certificate relates to the person; and (b) the board has received a written request for a copy of the certificate from the person; and (c) the request is accompanied by the fee for the copy. (2) The copy may include a copy of the person’s tertiary entrance statement. (3) In this section— “certificate” means— (a) a senior certificate; or (b) a core skills test statement of achievement. “core skills test statement of achievement” means a document—
s 32 21 Education (Senior Secondary School Studies) By-law 1999 (a) certifying that a person has taken a core skills test; and (b) stating the person’s grade for the test. s 34 PART 7—REVIEWS AND VERIFICATIONS ˙ Review of information in tertiary entrance statements 32. A person who receives a tertiary entrance statement and believes information in the statement is unfair may apply to the director for review of the information. ˙ Verification of information in senior certificates 33. A person who receives a senior certificate may apply to the director for verification of information in the certificate. ˙ Applying for review or verification 34. An application for review of information in a tertiary entrance statement or verification of information in a senior certificate must— (a) be made to the director; and (b) be in the approved form; and (c) be made— (i) before the first Tuesday 7 weeks after the finishing day; or (ii) if the Monday immediately before the day mentioned in subparagraph (i) is a public holiday—before the first Wednesday 7 weeks after the finishing day; or (iii) if the day mentioned in subparagraph (i) is less than 20 days after the person is first given the person’s tertiary entrance statement or senior certificate—within 20 days after the person is first given the statement or certificate; and (d) be accompanied by—
s 35 22 s 36 Education (Senior Secondary School Studies) By-law 1999 (i) for an application for review—the review fee; or (ii) for an application for verification—the verification fee; or (iii) for an application for review and verification—the review and verification fee. ˙ Decision about application for review of information in tertiary entrance statement 35.(1) After reviewing the information in the tertiary entrance statement the subject of the application for review, the director must decide whether, having regard to the applicant’s circumstances, the information is fair or unfair. (2) The director must immediately give the applicant a written notice of the decision, including the reasons for the decision. (3) If the director decides the information is unfair, the director must— (a) decide what information (the “fair information” ) should be in the applicant’s tertiary entrance statement; and (b) if the information the subject of the application was made available to an appropriate authority under section 30—notify the appropriate authority of the fair information; and (c) ask the Tertiary Entrance Procedures Authority to issue a replacement tertiary entrance statement to the applicant containing the fair information; and (d) refund the review fee to the applicant. ˙ Decision about application for verification of information in senior certificate 36.(1) After making appropriate inquiries about the information in the senior certificate the subject of the application for verification, the director must decide whether the information is correct or incorrect. (2) The director must immediately give the applicant a written notice of the decision.
s 37 23 s 38 Education (Senior Secondary School Studies) By-law 1999 (3) If the director decides the information is correct, the notice must also state the reasons for the decision. (4) If the director decides the information is incorrect, the director must— (a) ask the board to award a replacement senior certificate, containing the corrected information, to the applicant; and (b) refund the verification fee to the applicant. (5) If the director makes a request under subsection (4)(a), the board must comply with the director’s request. PART 8—RECORDED SUBJECTS ˙ List of recorded subjects 37. The board must keep a list of subjects that may be identified on senior certificates as recorded subjects. ˙ Adding to list of recorded subjects 38. In deciding whether or not to add a subject to the list, the board must consider representations made to the board by the educational institution offering the subject about— (a) the appropriateness of the subject for the education of persons undertaking senior secondary education; and (b) how long the institution has allocated for the study of the subject to be finished.
s 39 24 s 41 Education (Senior Secondary School Studies) By-law 1999 PART 9—FEES ˙ Service fee payable by holders of visas 39.(1) This section applies to a person who— (a) is a full-time student; and (b) holds a student visa issued under the Migration Act 1958 (Cwlth). (2) The person must pay the board a service fee in consideration of the board performing its functions under section 6(1)(d) to (ea) and (j) 1 of the Act in relation to the person. (3) The board may give the person a written notice requiring payment of the fee within a stated period of not less than 30 days after the notice is given. ˙ Waiver of service fee 40. The board may waive payment of the service fee— (a) for a person undertaking senior secondary education at a State school—if the cost of the person’s education at the school is being defrayed by the State; or (b) for a person undertaking senior secondary education at a non–State school—if the cost of the person’s education would be defrayed by the State if the person were undertaking the education at a State school. ˙ Refund of nomination fee in cases of illness 41.(1) A person who was granted an application to take an external senior examination and failed to attend the place for taking the examination may apply to the board for refund of the nomination fee. (2) The application for refund must— (a) be made to the board; and 1 Section 6 (Functions and powers of the board) of the Act
s 42 25 s 44 Education (Senior Secondary School Studies) By-law 1999 (b) be in the approved form; and (c) be made within 1 month after the examination. (3) The board must consider the application and either grant or refuse the application. (4) The board must grant the application if the board is reasonably satisfied the person has failed to attend the place because of illness. (5) If the board grants the application, it must refund to the applicant the nomination fee, less the administration fee. ˙ Refund of nomination fee in cases of cancellation 42.(1) This section applies to a person whose application to take an external senior examination was granted and who cancelled the application at least 7 days before the examination. (2) If the person cancelled the application within 1 month after the closing day for the application, the board must refund to the person the nomination fee, less the administration fee. (3) Otherwise, the board must refund to the person half the nomination fee, less the administration fee. (4) The board must make the refund immediately after the application is cancelled. ˙ Fees in sch 1 43. The fees payable under this by-law are in schedule 1. PART 10—APPEALS ˙ Definitions for pt 10 44. In this part— “aggrieved person” means a person aggrieved by a decision of the board
s 45 26 s 45 Education (Senior Secondary School Studies) By-law 1999 under section 5(4), 7(4), 8(4), 9(1), 20(1) or 27(2). 2 “court” means a Magistrates Court constituted by a magistrate. ˙ Appeals 45.(1) An aggrieved person may appeal to a court against the decision by which the person is aggrieved. (2) The appeal is to be started by filing a notice of appeal in the court, within 28 days after the aggrieved person receives notice of the decision appealed against. (3) The appeal is by way of a rehearing on the material before the board when it made the decision. (4) The court may— (a) allow the appeal and make any order the court considers appropriate; or (b) dismiss the appeal. 2 Section 5 (Persons eligible to take examination because of exceptional circumstances), 7 (Examination may be taken in more subjects because of exceptional circumstances), 8 (Application to take examination), 9 (Decision about application to take examination), 20 (Decision about application for approval to take a core skills test) or 27 (Decisions about sufficiency of attendance)
27 Education (Senior Secondary School Studies) By-law 1999 ¡ SCHEDULE 1 FEES section 43 $ 1. Nomination fee for an application to take an external senior examination (s 8(3)(c)(i))—for each subject . . . . . 40.00 2. Late application fee for application to take an external senior examination (s 8(3)(c)(ii))— if received after first closing day, but before second closing day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44.00 if received after second closing day . . . . . . . . . . . . . 88.00 3. Local expenses fee (s 8(4)(a)) . . . . . . . . . . . . . . . . . . . . . available on application 4. Special arrangements fee (s 8(4)(b)) . . . . . . . . . . . . . . . . available on application 5. Revaluation fee—for each paper in the external senior examination (s 16(2)(d)) . . . . . . . . . . . . . . . . . . . . . . . . . 16.50 6. Script inspection fee (s 17(2)(c))—for each 20 minutes or part of 20 minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.00 7. Nomination fee for application for approval to take a core skills test (s 19(b)(i)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.00 8. Late application fee for application for approval to take a core skills test (s 19(b)(ii)) . . . . . . . . . . . . . . . . . . . . . . . . 88.00 9. Fee for copy of certificate (s 31(1)(c)) . . . . . . . . . . . . . . . 20.00 10. Review fee (s 34(d)(i)) . . . . . . . . . . . . . . . . . . . . . . . . . . 33.00 11. Verification fee (s 34(d)(ii)) . . . . . . . . . . . . . . . . . . . . . . . 33.00 12. Review and verification fee (s 34(d)(iii)) . . . . . . . . . . . . . 33.00 13. Service fee for 1 year (s 39(2)) . . . . . . . . . . . . . . . . . . . . 275.00 14. Administration fee (ss 41(5) and 42(2) and (3)) . . . . . . . 11.00 15. Copy of syllabus—for each subject . . . . . . . . . . . . . . . . . 5.50 16. External senior examination handbook . . . . . . . . . . . . . . 6.60
28 Education (Senior Secondary School Studies) By-law 1999 ¡ SCHEDULE 2 DICTIONARY section 2 “appropriate authority” means an entity with a legitimate interest in information about comparative results of assessment of persons who studied board subjects, including— (a) an institution providing higher and tertiary education, whether or not the institution operates in Queensland; and (b) another institution involved in coordinating the admission of persons to an institution of a kind mentioned in paragraph (a). “assessing school” means a school that— (a) provides senior secondary education to persons enrolled at the school; and (b) assesses the persons for either or both of the following— (i) board subjects assessed under procedures decided by the board; (ii) board registered subjects, if work programs for the subjects have been approved by the board. “closing day” means a day prescribed under the rules as the day by which an application to take an external senior examination, or a core skills test, must be made. “December student vacation” , in a year, means the student vacation starting in December in the year, to be kept in a State school under the Education (General Provisions) Regulation 1989 , section 12. “eligible person” means a person eligible to take an external senior examination under section 4 or 5. “enrolled subjects” , of a person, means the subjects for which a person is enrolled to study at an assessing school.
29 Education (Senior Secondary School Studies) By-law 1999 SCHEDULE 2 (continued) “finishing” , of senior secondary education in full-time schooling, means attending school in year 12 until, and including, the finishing day. “finishing day” , in a year, means— (a) if the first Monday of the December student vacation in the year is not more than 9 days before Christmas day—the Friday of the fifth last week before the vacation starts; or (b) otherwise—the Friday of the fourth last week before the vacation starts. “full-time student” means a person undertaking senior secondary education by full-time schooling. “grade” , for a core skills test, means a grade of ‘A’, ‘B’, ‘C’, ‘D’ or ‘E’. “level of achievement” means any one of the following— very high achievement high achievement sound achievement limited achievement very limited achievement. “principal” means the person in charge of a school. “Tertiary Entrance Procedures Authority” means the Tertiary Entrance Procedures Authority established under the Education (Tertiary Entrance Procedures Authority) Act 1990 , section 5. “tertiary entrance statement” means a statement by that name issued under the Education (Tertiary Entrance Procedures Authority) Act 1990 .
30 Education (Senior Secondary School Studies) By-law 1999 ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 ´ 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 1 July 2002. 3 ´ AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev = = = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations 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 (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SIR = = = = = = = = = = = = = = = SL = sub = unnum = previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 Statutory Instruments Regulation 1992 subordinate legislation substituted unnumbered
31 Education (Senior Secondary School Studies) By-law 1999 ´ 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes a roman letter, the reprint was released in unauthorised, electronic form only.] Reprint No. Amendments included Reprint date 1 none 8 December 1999 1A to SL No. 108 of 2000 14 July 2000 2 to SL No. 108 of 2000 8 February 2001 ´ 5 List of legislation Education (Senior Secondary School Studies) By-law 1999 SL No. 307 made by the Board of Senior Secondary School Studies on 19 November 1999 notfd gaz 3 December 1999 pp 1348–50 commenced on date of notification rep 1 July 2002 (2002 No. 1 s 80) amending legislation— Education (Senior Secondary School Studies) Amendment By-law (No. 1) 2000 SL No. 108 notfd gaz 9 June 2000 pp 456–9 s 6 commenced 1 July 2000 (see s 2) remaining provisions commenced on date of notification ´ 6 List of annotations Confidentiality of lists of information under s 30 s 30A ins 2000 SL No. 108 s 4 PART 10—APPEALS pt hdg sub 2000 SL No. 108 s 5 Definitions for pt 10 s 44 sub 2000 SL No. 108 s 5 Appeals s 45 ins 2000 SL No. 108 s 5 SCHEDULE 1—FEES sub 2000 SL No. 108 s 6 © State of Queensland 2002