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EDUCATION ACT 1990 - SECT 18A
Publication of school results
(1) In this section--
"relevant national agreement" means an agreement between the State and the
Commonwealth that gives effect to a national protocol or arrangement for the
provision and publication of school results.
"school results" means the following results (whether they are the results of
individuals or of schools or any other results)-- (a) results of national
basic skills testing (including testing under section 18),
(b) results of
recognised certificate examinations and related assessments,
(c) results of
annual or other periodic assessments of the academic performance of students
contained in reports to parents on student achievement.
The regulations may
determine whether particular results are or are not results referred to in
paragraphs (a)-(c).
(2) School results may, in accordance with a
relevant national agreement, be provided by the State to the Commonwealth or
to an authority established by the Commonwealth.
(3) School results must not
be publicly revealed in a way that ranks or otherwise compares the results of
particular schools, except as authorised by or under a
relevant national agreement.
(4) A person must not, in a newspaper or other
document that is publicly available in this State-- (a) publish any ranking or
other comparison of particular schools according to school results, except
with the permission of the principals of the schools involved, or
(b)
identify a school as being in a percentile of less than 90 per cent in
relation to school results, except with the permission of the principal of the
school.
: Maximum penalty--50 penalty units in the case of an individual and
500 penalty units in any other case.
(5) Nothing in subsection (4)
prohibits-- (a) anything authorised to be done by or under a
relevant national agreement, or
(b) the publication of the ranking of the
schools in the top 10 per cent in relation to the results of Higher School
Certificate examinations and related assessments so long as the information
used to determine that ranking is information as to the results of students
that may be publicly revealed under subsection (6) (c).
(6) School results
must not be publicly revealed if the results of an identified student are
revealed, except as follows-- (a) to the student or to the student's parents,
or to anyone with the student's or parent's consent,
(b) to the principal of
a school (including a school in another State or Territory) at which the
student is enrolling, is enrolled or was previously enrolled,
(c) in the case
of results of recognised certificate examinations and related assessments--by
or with the approval of the Authority, by way of the publication of the
results of students who the Authority considers have achieved outstanding
results.
(7) The functions of the State under this section may be exercised
by the Secretary or, if authorised by a relevant national agreement, by a
State educational authority that arranges the testing, examinations or
assessments concerned.
(8) This section has effect despite any other Act or
law or the decision of any tribunal.
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