Queensland Numbered Acts

EDUCATION AND OTHER LEGISLATION AMENDMENT ACT 2016 - As at 8 September 2016 - Act 46 of 2016

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement

   PART 2 - AMENDMENT OF EDUCATION (ACCREDITATION OF NON-STATE SCHOOLS) ACT 2001

   3.      Act amended
   4.      Amendment of s 166 (School survey data)
   5.      Amendment of s 173 (Confidentiality of information)
   6.      Amendment of sch 3 (Dictionary)

   PART 3 - AMENDMENT OF EDUCATION (GENERAL PROVISIONS) ACT 2006

   7.      Act amended
   8.      Amendment of s 156 (Enrolment)
   9.      Insertion of new ch 8B
   10.     Replacement of s 206 (Who is eligible for provisional registration or registration)
   11.     Amendment of s 367 (Definitions for ch 13)
   12.     Amendment of s 368 (Provision of scholarships and payment of allowances)
   13.     Amendment of s 369 (Minister’s policy)
   14.     Insertion of new s 369A
   15.     Insertion of new ch 20, pt 9
   16.     Amendment of sch 4 (Dictionary)

   PART 4 - AMENDMENT OF EDUCATION (QUEENSLAND COLLEGE OF TEACHERS) ACT 2005

   17.     Act amended
   18.     Amendment of s 7 (Meaning of harm)
   19.     Amendment of s 12 (Suitability to teach—other considerations)
   20.     Insertion of new s 15AA
   21.     Amendment of s 15B (Obtaining information from director of public prosecutions)
   22.     Amendment of s 21 (Steps to be taken after college decides application)
   23.     Amendment of s 25 (Steps to be taken after college decides application)
   24.     Amendment of s 29 (Requirements for renewal—full registration)
   25.     Amendment of s 32 (How college may decide application for renewal)
   26.     Amendment of s 33 (Steps to be taken after college decides application)
   27.     Amendment of s 35 (Option to extend provisional registration)
   28.     Amendment of s 39 (Application for review of condition)
   29.     Amendment of s 43 (Cancellation of conditions)
   30.     Amendment of s 45 (Application of div 2)
   31.     Amendment of s 46 (College to give show cause notice for failing to comply with condition)
   32.     Amendment of s 47 (College power to suspend or cancel registration or permission to teach)
   33.     Amendment of s 49 (College’s power to suspend if approved teacher poses imminent risk of harm to children)
   34.     Amendment of s 50 (Requirement to give notice of suspension)
   35.     Amendment of s 52 (When suspension ends)
   36.     Amendment of s 53 (Requirement to decide whether to continue suspension under s 48)
   37.     Amendment of s 54 (QCAT to give notice inviting submissions to approved teacher)
   38.     Amendment of s 55 (QCAT’s decision about continuation of suspension)
   39.     Insertion of new s 55A
   40.     Amendment of s 59 (Surrender of registration or permission to teach)
   41.     Amendment of s 62 (Requirements for registration card)
   42.     Amendment of s 63 (Replacing certificate of registration, registration card or certificate of permission to teach)
   43.     Amendment of s 64 (Requirement to return certificate of registration or permission to teach etc. on suspension or cancellation)
   44.     Amendment of s 66 (Payment of annual fee by approved teacher and issue of registration card to registered teacher)
   45.     Amendment of s 76 (Requirement for employing authority to notify college about particular investigations)
   46.     Amendment of s 77 (Requirement for employing authority to notify college about outcome of particular investigations)
   47.     Amendment of s 80 (Requirement for prosecuting authority to notify college about committal, conviction etc.)
   48.     Amendment of s 89 (Refusal to deal with complaint)
   49.     Replacement of ch 5 hdg (Disciplinary action against teachers)
   50.     Omission of s 91 (Definition for ch 5)
   51.     Amendment of s 92 (Grounds for disciplinary action)
   52.     Replacement of s 93 (Disciplinary matters)
   53.     Amendment of s 95 (PP&C matters)
   54.     Amendment of s 96 (General matters)
   55.     Amendment of ch 5, pt 1, div 2 hdg (Starting disciplinary proceedings)
   56.     Insertion of new s 96A
   57.     Amendment of s 97 (Requirement for college to start disciplinary proceedings)
   58.     Amendment of s 98 (College may authorise investigation)
   59.     Amendment of s 99 (Proceedings for an offence not prevented by disciplinary proceedings)
   60.     Insertion of new ch 5, pt 2
   61.     Amendment of ch 5, pt 3 hdg (General matters and PP&C matters dealt with by QCAT)
   62.     Amendment of s 105 (Application of pt 3)
   63.     Amendment of ch 5, pt 4 hdg (PP&C matters dealt with by PP&C committee)
   64.     Amendment of s 108 (Application of pt 4)
   65.     Insertion of new s 108A
   66.     Amendment of s 109 (PP&C committee may authorise investigation)
   67.     Amendment of s 110 (Notice to be given to college if PP&C committee authorises investigation)
   68.     Amendment of s 111 (Application of ch 6, pt 1, div 2)
   69.     Amendment of s 111A (PP&C committee may refer matter to QCAT)
   70.     Amendment of s 112 (Reporting of offences)
   71.     Replacement of ch 6 hdg (Disciplinary bodies)
   72.     Amendment of ch 6, pt 1 hdg (PP&C committee)
   73.     Amendment of s 113 (Establishment)
   74.     Replacement of s 114 (Membership)
   75.     Amendment of s 115 (Functions of PP&C committee)
   76.     Replacement of ch 6, pt 1, div 2 hdg (Disciplinary proceedings of PP&C committee)
   77.     Amendment of s 116 (PP&C committee may conduct disciplinary proceedings by hearing or on correspondence)
   78.     Amendment of s 117 (Procedure for hearing by PP&C committee)
   79.     Amendment of s 118 (Notice of intention to conduct disciplinary proceedings by correspondence)
   80.     Amendment of s 119 (Substituted service on relevant teacher or complainant)
   81.     Insertion of new ss 119A and 119B
   82.     Amendment of s 120 (PP&C committee may require other information)
   83.     Amendment of s 121 (Power of PP&C committee to continue disciplinary proceedings without receiving relevant teacher’s submission)
   84.     Insertion of new s 121A
   85.     Amendment of s 122 (Offence for failing to give information and protection against self-incrimination)
   86.     Amendment of s 123 (Disciplinary action by PP&C committee)
   87.     Amendment of ch 6, pt 2 hdg (Disciplinary proceedings of QCAT)
   88.     Amendment of ch 6, pt 2, div 1 hdg (Constitution of QCAT for disciplinary proceedings)
   89.     Amendment of s 124 (Constitution of QCAT for disciplinary proceedings)
   90.     Amendment of s 125 (Presiding member of QCAT)
   91.     Amendment of ch 6, pt 2, div 2 hdg (Disciplinary proceedings conducted by QCAT)
   92.     Amendment of s 130 (Application of div 2)
   93.     Amendment of s 133 (Notice of intention to conduct hearing)
   94.     Amendment of s 136 (QCAT may require health assessment)
   95.     Amendment of s 152 (Interim orders)
   96.     Amendment of ch 6, pt 2, div 2, subdiv 3 hdg (Decision on completion of disciplinary proceedings)
   97.     Amendment of s 158 (Decision about whether ground for disciplinary action is established)
   98.     Amendment of s 164 (College may notify other persons)
   99.     Amendment of s 165 (Requirement to notify particular interstate regulatory authorities about decision)
   100.    Amendment of s 166 (Publication of information about disciplinary proceedings by college)
   101.    Amendment of ch 6, pt 3 hdg (Miscellaneous provisions for disciplinary proceedings)
   102.    Amendment of s 170 (Office to keep record of disciplinary proceedings)
   103.    Amendment of s 172 (Particular investigation may be carried out on college’s behalf by an employing authority)
   104.    Amendment of s 173 (Functions of investigator)
   105.    Amendment of s 185 (Entry with consent)
   106.    Amendment of s 189 (General powers after entering places)
   107.    Amendment of s 201 (Investigator’s report)
   108.    Insertion of new ch 8, pt 1, div 1
   109.    Insertion of new ch 8, pt 1, div 2 hdg
   110.    Insertion of new ss 210A and 210B
   111.    Amendment of s 211 (Review committee)
   112.    Amendment of s 212 (College’s decision)
   113.    Amendment of s 213 (Notice of review decision)
   114.    Amendment of s 220 (Application of pt 1)
   115.    Amendment of s 231 (College’s discipline and enforcement functions)
   116.    Amendment of s 239 (Membership of board)
   117.    Amendment of s 253 (Conduct of business)
   118.    Omission of s 254 (Presiding at meetings)
   119.    Omission of s 258 (Minutes)
   120.    Amendment of s 264 (Delegation)
   121.    Replacement of ss 265 and 266
   122.    Amendment of s 272 (Minister’s power to give directions to college)
   123.    Amendment of s 279 (Delegation by director)
   124.    Amendment of s 280 (Acting director)
   125.    Amendment of s 282 (Definition for pt 1)
   126.    Amendment of s 283 (Confidentiality of particular information)
   127.    Insertion of new s 284A
   128.    Amendment of s 285 (College may give information about disciplinary action etc. against teachers to chief executive (employment screening) in particular circumstances)
   129.    Insertion of new s 285AA
   130.    Amendment of s 285A (College must give information about the status of a teacher’s registration to chief executive (employment screening) in particular circumstances)
   131.    Amendment of s 286 (Information sharing arrangement with commissioner of police for information otherwise lawfully given)
   132.    Amendment of s 287 (Other information sharing agreements)
   133.    Amendment of s 288 (Register of approved teachers to be kept)
   134.    Insertion of new ch 11, pt 2A
   135.    Amendment of s 292 (Use of code of practice in disciplinary proceedings)
   136.    Amendment of s 294 (Protection from liability)
   137.    Insertion of new ch 12, pt 15
   138.    Amendment of sch 3 (Dictionary)
           Amendment of Working with Children (Risk Management and Screening) Act 2000
   139.    Act amended
   140.    Amendment of sch 7 (Dictionary)