EDUCATION (ACCREDITATION OF NON-STATE SCHOOLS) ACT 2017 - As at 25 August 2017

Queensland Numbered Acts

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EDUCATION (ACCREDITATION OF NON-STATE SCHOOLS) ACT 2017 - As at 25 August 2017 - Act 24 of 2017

TABLE OF PROVISIONS

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

1. Short title
2. Commencement

PART 2 - OBJECTS

3. Objects of Act

PART 3 - INTERPRETATION

4. Dictionary
5. Meaning of school
6. Meaning of non-State school
7. Meaning of operated for profit
8. Meaning of prohibited arrangement
9. Meaning of director
10. Meaning of meets the government funding eligibility criteria

CHAPTER 2 - ACCREDITATION OF SCHOOLS

PART 1 - ACCREDITATION CRITERIA

11. Prescribing accreditation criteria

PART 2 - ACCREDITATIONS

Division 1 - Preliminary

12. Type of education
13. Mode of delivery of education
14. Special assistance
15. When school must commence operations
16. Duration of accreditation
17. Governing body must be a corporation

Division 2 - Applications for accreditation

Subdivision 1 - Applications

18. Governing body of school may apply for accreditation
19. Procedural requirements for application
20. Board must notify entities of, and publish, application details

Subdivision 2 - Deciding applications

21. Deciding application
22. Further information or documents
23. Failure to decide application
24. Extension of time to decide application
25. Steps to be taken after application decided

Subdivision 3 - Suitability of school’s governing body

26. Suitability of governing body
27. Investigation
28. Criminal history reports for investigation
29. Report by authorised person

Division 3 - Assessment of schools

30. Initial assessment of school
31. Additional assessment of establishment phase school
32. Assessment when school starts to operate at new site
33. Report by authorised person

PART 3 - CHANGES TO ACCREDITATION

Division 1 - Changes to student-intake days

34. Definition for division
35. Application to change relevant student-intake day
36. Deciding application
37. Further information or documents
38. Failure to decide application

Division 2 - Changes to attributes of accreditation

Subdivision 1 - Applications to change attributes of accreditation

39. Application to change attribute of accreditation
40. Deciding application
41. Further information or documents
42. Failure to decide application
43. Extension of time to decide application
44. Failure to effect change of attribute of accreditation before change day
45. Proposed governing body taken to have applied to be eligible for government funding

Subdivision 2 - Notice of attribute of accreditation no longer applying

46. Notice of attribute of accreditation no longer applying

PART 4 - SPECIAL ASSISTANCE SCHOOLS—USE OF TEMPORARY SITES

47. Purpose of part
48. Definitions for part
49. Compliance with temporary site criteria
50. Notification of intention to use, or stop using, temporary site
51. Use of temporary site is not a change in attribute etc.
52. Assessment of special assistance school using temporary site
53. Report by authorised person

PART 5 - AMALGAMATIONS AND DIVISIONS OF ACCREDITED SCHOOLS

Division 1 - Application of part

54. Part does not apply for particular schools

Division 2 - Amalgamation of accredited schools

55. Application of division
56. Notice of intention to amalgamate schools
57. Decision about amalgamation of school

Division 3 - Division of accredited schools

58. Application of division
59. Notice of intention to divide accredited school
60. Decision about division of accredited school

Division 4 - Deemed eligibility for government funding

61. Deemed eligibility for government funding

PART 6 - AMENDMENT, CANCELLATION AND SURRENDER OF ACCREDITATIONS

Division 1 - Giving compliance notices

62. Compliance notice
63. Report by authorised person

Division 2 - Amendment and cancellation of accreditations

64. Definition for division
65. Grounds for amendment
66. Grounds for cancellation
67. Show cause notice
68. Considering representations about show cause notice
69. Ending show cause process without further action
70. Amendment
71. Cancellation
72. Report by authorised person

Division 3 - Surrender of accreditations

73. Surrender

PART 7 - OFFENCES

74. Operating a school without accreditation
75. Operating an accredited school before its student-intake day
76. Claim about accreditation of school

CHAPTER 3 - ELIGIBILITY FOR GOVERNMENT FUNDING

PART 1 - PRELIMINARY

77. Eligibility for government funding

PART 2 - APPLICATIONS FOR ELIGIBILITY FOR GOVERNMENT FUNDING

78. Governing body of school may apply for eligibility for government funding
79. Deemed applications for eligibility for government funding
80. Decision about governing body’s eligibility for government funding
81. Further information or documents
82. Failure to decide application
83. Extension of time to decide application
84. Steps to be taken after decision
85. Report by authorised person

PART 3 - WITHDRAWAL OF ELIGIBILITY FOR GOVERNMENT FUNDING

Division 1 - Application of part

86. Application of part

Division 2 - Giving compliance notices

87. Compliance notice
88. Report by authorised person

Division 3 - Withdrawal of eligibility for government funding after show cause process

89. Grounds for withdrawal of eligibility for government funding
90. Show cause notice
91. Representations about show cause notice
92. Ending show cause process without further action
93. Decision by board
94. Report by authorised person
95. Effect of withdrawal of eligibility for government funding

Division 4 - Automatic withdrawal of eligibility for government funding

96. Effect of cancellation of accreditation

CHAPTER 4 - GENERAL ADMINISTRATION

PART 1 - NON-STATE SCHOOLS ACCREDITATION BOARD

Division 1 - Establishment

97. Non-State Schools Accreditation Board
98. Board represents the State
99. Application of other Acts

Division 2 - Functions and powers

100. Functions of board
101. Powers of board

Division 3 - Membership

102. Membership of board
103. Nominee of ISQ or QCEC
104. Term of appointment
105. Conditions of appointment
106. Chairperson
107. Deputy chairperson
108. Disqualification as member
109. Vacancy in office
110. Resignation
111. Leave of absence

Division 4 - Criminal history

112. Criminal history report
113. Changes in criminal history must be disclosed

Division 5 - Business and meetings

114. Conduct of business
115. Time and place of meetings
116. Quorum
117. Conduct of meetings
118. Attendance by proxy
119. Disclosure of interest

Division 6 - Administrative support of board

120. Administrative support

Division 7 - Interaction between Minister and board

121. Minister may refer matter to board
122. Minister may ask board to reassess governing body’s eligibility for government funding
123. Minister’s power to give directions in the public interest
124. Minister may require information or documents
125. Notice to Minister about action taken in relation to a grammar school

Division 8 - Register of accredited schools

126. Register to be kept
127. Inspection of register

Division 9 - Information sharing arrangements

128. Board may enter into information sharing arrangement

PART 2 - AUTHORISED PERSONS

Division 1 - Functions and appointment

129. Functions of authorised persons
130. Appointment and qualifications
131. Appointment conditions
132. When office ends
133. Resignation

Division 2 - Identity cards

134. Issue of identity card
135. Production or display of identity card
136. Return of identity card

Division 3 - Entry of places by authorised persons

Subdivision 1 - Power to enter accredited school’s premises

137. Power to enter accredited school’s premises
138. Notice of entry

Subdivision 2 - Power to enter places other than accredited school’s premises

139. Power to enter places other than accredited school’s premises

Subdivision 3 - Entry by consent

140. Obtaining consent of occupier
141. Incidental entry to ask for access
142. Matters authorised person must tell occupier
143. Consent acknowledgement

Subdivision 4 - Entry under warrant

144. Application for warrant
145. Issue of warrant
146. Electronic application
147. Additional procedure if electronic application
148. Defect in relation to a warrant
149. Entry procedure

Division 4 - General powers after entry

150. Application of division
151. General powers
152. Power to require reasonable help
153. Offence to contravene help requirement

Division 5 - Power to require information

154. Power to require information
155. Offence to contravene information requirement
156. Custody of document given to authorised person

Division 6 - Seizure by authorised persons and forfeiture

Subdivision 1 - Power to seize

157. Seizing evidence at a place that may be entered without consent or warrant
158. Seizing evidence at a place that may be entered only with consent or warrant

Subdivision 2 - Powers to support seizure

159. Power to secure seized thing
160. Offence to interfere

Subdivision 3 - Safeguards for seized things

161. Receipt for seized thing
162. Access to seized things
163. Return of seized thing

Subdivision 4 - Forfeiture

164. Forfeiture of seized things
165. Dealing with forfeited things

PART 3 - REVIEWS AND PROCEEDINGS

166. Who may apply for review
167. Summary proceedings for offences

CHAPTER 5 - MISCELLANEOUS

168. School survey data
169. Notification of change in circumstances
170. Periodic demonstration of compliance
171. Periodic demonstration of eligibility for government funding
172. Disclosure of details of indictable offence
173. Protection from civil liability
174. Publication of information identifying school operating without accreditation
175. False or misleading information or documents
176. Confidentiality of information
177. Impersonating authorised person
178. Approval of forms
179. Regulation-making power

CHAPTER 6 - REPEAL AND TRANSITIONAL PROVISIONS

PART 1 - REPEAL

180. Repeal

PART 2 - TRANSITIONAL PROVISIONS

181. Definitions for part
182. Continuation of things done by or in relation to previous board
183. Applications for accreditation made but not decided
184. Applications for government funding made but not decided
185. Continuation of accreditations under repealed Act
186. Governing bodies taken to be eligible for government funding
187. Effect of provisional accreditations under repealed Act
188. Assessment of provisionally accredited schools if initial assessment not started under repealed Act
189. Assessment of provisionally accredited schools if further assessment not started under repealed Act
190. Assessment of provisionally accredited schools if initial or further assessment started under repealed Act
191. Compliance notices not complied with at commencement
192. Show cause processes about accreditation not finally dealt with
193. Show cause process about eligibility for government funding not finally dealt with
194. Reviews of funding decisions not finally dealt with
195. Reviews of other decisions not finally dealt with
196. Effect of information notices given under repealed Act
197. Ineligible company
198. Transitional regulation-making power

CHAPTER 7 - AMENDMENT OF LEGISLATION

PART 1 - AMENDMENT OF THIS ACT

199. Act amended
200. Amendment of long title

PART 2 - AMENDMENT OF BUILDING ACT 1975

201. Act amended
202. Amendment of s 216 (Meaning of budget accommodation building)

PART 3 - AMENDMENT OF CHARITABLE AND NON-PROFIT GAMING ACT 1999

203. Act amended
204. Amendment of s 39 (Who may apply for category 3 gaming licence)

PART 4 - AMENDMENT OF CHILD PROTECTION ACT 1999

205. Act amended
206. Amendment of s 159D (Other definitions for ch 5A)
207. Amendment of s 159M (Particular prescribed entities giving and receiving relevant information)
208. Amendment of sch 3 (Dictionary)

PART 5 - AMENDMENT OF EDUCATION AND CARE SERVICES ACT 2013

209. Act amended
210. Amendment of sch 1 (Dictionary)

PART 6 - AMENDMENT OF EDUCATION AND CARE SERVICES NATIONAL LAW (QUEENSLAND) ACT 2011

211. Act amended
212. Amendment of s 10 (Education law)

PART 7 - AMENDMENT OF EDUCATION (CAPITAL ASSISTANCE) ACT 1993

213. Act amended
214. Amendment of s 3 (Definitions)
215. Amendment of s 10 (Listing with CAA)
216. Amendment of s 14 (Certain projects must not be funded)

PART 8 - AMENDMENT OF EDUCATION (GENERAL PROVISIONS) ACT 2006

217. Act amended
218. Amendment of s 232 (Eligible options and providers)
219. Amendment of s 364 (Definitions for pt 10)
220. Amendment of s 370 (Requirement to give financial data)
221. Amendment of s 373 (Confidentiality of financial data)
222. Amendment of s 374 (Allowance acquittal details)
223. Replacement of ss 375–381
224. Amendment of s 382 (False or misleading statement)
225. Insertion of new s 425A
226. Amendment of sch 4 (Dictionary)

PART 9 - AMENDMENT OF EDUCATION (OVERSEAS STUDENTS) REGULATION 2014

227. Regulation amended
228. Amendment of s 3 (Definitions for pt 2)

PART 10 - AMENDMENT OF EDUCATION (QUEENSLAND COLLEGE OF TEACHERS) ACT 2005

229. Act amended
230. Amendment of s 287 (Other information sharing agreements)
231. Amendment of sch 3 (Dictionary)

PART 11 - AMENDMENT OF EDUCATION (QUEENSLAND CURRICULUM AND ASSESSMENT AUTHORITY) ACT 2014

232. Act amended
233. Amendment of sch 1 (Dictionary)

PART 12 - AMENDMENT OF EDUCATION (WORK EXPERIENCE) ACT 1996

234. Act amended
235. Amendment of schedule (Dictionary)

PART 13 - AMENDMENT OF ENVIRONMENTAL PROTECTION ACT 1994

236. Act amended
237. Amendment of s 440K (Definitions for pt 3B)

PART 14 - AMENDMENT OF FAMILY RESPONSIBILITIES COMMISSION ACT 2008

238. Act amended
239. Amendment of s 90 (Definitions for pt 8)
240. Amendment of schedule (Dictionary)

PART 15 - AMENDMENT OF GRAMMAR SCHOOLS ACT 2016

241. Act amended
242. Amendment of s 38 (Basis for appointment)
243. Amendment of s 39 (Notice of proposed appointment)
244. Amendment of s 47 (Administrator’s powers and functions)
245. Amendment of sch 1 (Dictionary)

PART 16 - AMENDMENT OF PLANNING ACT 2016

246. Act amended
247. Amendment of s 113 (Adopting charges by resolution)

PART 17 - AMENDMENT OF PUBLIC GUARDIAN ACT 2014

248. Act amended
249. Amendment of s 86 (Prescribed entities)

PART 18 - AMENDMENT OF PUBLIC HEALTH ACT 2005

250. Act amended
251. Amendment of s 180 (Directions to person in charge of school, education and care service or QEC approved service)
252. Amendment of s 181 (Temporary closure of school, education and care service or QEC approved service)

PART 19 - AMENDMENT OF PUBLIC HEALTH (MEDICINAL CANNABIS) REGULATION 2017

253. Regulation amended
254. Amendment of s 58 (Prescribed persons—Act, s 61(7), definition prescribed person)

PART 20 - AMENDMENT OF RESIDENTIAL SERVICES (ACCREDITATION) ACT 2002

255. Act amended
256. Amendment of sch 2 (Dictionary)

PART 21 - AMENDMENT OF RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008

257. Act amended
258. Amendment of sch 2 (Dictionary)

PART 22 - AMENDMENT OF TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998

259. Act amended
260. Amendment of s 26VQ (Person must not smoke at or near school facility)

PART 23 - AMENDMENT OF TRANSPORT OPERATIONS (PASSENGER TRANSPORT) REGULATION 2005

261. Regulation amended
262. Amendment of sch 11 (Dictionary)

PART 24 - AMENDMENT OF WEAPONS ACT 1990

263. Act amended
264. Amendment of s 51 (Possession of a knife in a public place or a school)

PART 25 - AMENDMENT OF WORKERS’ COMPENSATION AND REHABILITATION ACT 2003

265. Act amended
266. Amendment of s 22 (Students)

PART 26 - AMENDMENT OF WORKING WITH CHILDREN (RISK MANAGEMENT AND SCREENING) ACT 2000

267. Act amended
268. Replacement of s 342 (Chief executive may give information about director of school’s governing body to accreditation board)
269. Amendment of sch 1 (Regulated employment and businesses for employment screening)
270. Amendment of sch 7 (Dictionary)
SCHEDULE 1

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