Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
EDUCATION AMENDMENT BILL 2014
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Part 5, Division 1: Heading amended
6. Sections 48, 49 and 50 substituted
48. Registrar, Non-government Schools Tasmania
49. Functions and powers of Registrar
50. Report to Minister
7. Section 52 amended (Application for registration)
8. Section 53 amended (Grant of application)
9. Section 54 amended (Types of registration)
10. Section 55 amended (Review of registration)
11. Section 56 amended (Inspections)
12. Section 57 amended (Certificate of authority)
13. Section 60 amended (Renewal of registration)
14. Section 61 amended (Cancellation of registration)
15. Section 63 amended (Certificate of registration)
16. Section 86 amended (Immunity from liability)
17. Section 88 repealed
18. Section 89 amended (Records)
[Bill 31]-XI
19. Section 91 amended (Regulations)
20. Section 92A inserted
92A. Transitional and savings provisions - Education
Amendment Act 2014
21. Schedule 1 repealed
22. Schedule 4 inserted
Schedule 4 - Transitional and savings provisions - Education
Amendment Act 2014
23. Repeal of Act
2
EDUCATION AMENDMENT BILL 2014
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
16 October 2014
(Brought in by the Minister for Education and Training, the
Honourable Jeremy Page Rockliff)
A BILL FOR
An Act to amend the Education Act 1994
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Education
Amendment Act 2014.
2. Commencement
This Act commences on 1 February 2015.
3. Principal Act
In this Act, the Education Act 1994* is referred
to as the Principal Act.
*No. 86 of 1994
[Bill 31] 3
Education Amendment Act 2014
Act No. of
s. 4
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
omitting the definition of Registration Board and
substituting the following definition:
Registrar means the Registrar, Non-
government Schools Tasmania appointed
under section 48;
5. Part 5, Division 1: Heading amended
Division 1 of Part 5 of the Principal Act is
amended by omitting "Schools Registration
Board" from the heading to that Division and
substituting "Registrar, Non-government
Schools Tasmania".
6. Sections 48, 49 and 50 substituted
Sections 48, 49 and 50 of the Principal Act are
repealed and the following sections are
substituted:
48. Registrar, Non-government Schools
Tasmania
The Minister is to appoint a State Service
officer or State Service employee to be
Registrar, Non-government Schools
Tasmania and that officer or employee is
to hold that office in conjunction with
State Service employment.
4
Education Amendment Act 2014
Act No. of
s. 6
49. Functions and powers of Registrar
(1) The Registrar has the following
functions:
(a) to hear and determine
applications for the registration of
schools under this Part;
(b) to keep full and correct details of
the hearings and determinations
in relation to applications referred
to in paragraph (a);
(c) such other functions as the
Minister may determine.
(2) The Registrar may do anything necessary
or convenient to perform his or her
functions.
50. Report to Minister
(1) The Registrar is to report to the Minister,
as soon as practicable after 31 December
in each year, on the administration of this
Part.
(2) Without limiting subsection (1), the
report is to contain the following:
(a) the number of applications for
registration of schools that the
Registrar has received and
determined under this Part;
(b) the number of applications for
registration of schools under this
5
Education Amendment Act 2014
Act No. of
s. 7
Part that the Registrar has
refused;
(c) the types of registration that the
Registrar has granted under this
Part;
(d) the number of reviews that the
Registrar has arranged to be
carried out under this Part;
(e) the number of inspections that the
Registrar has arranged to be
carried out under this Part;
(f) the number of applications for
renewals of registration as a
school received and determined
by the Registrar under this Part;
(g) the number of registrations as a
school that have been cancelled
under this Part;
(h) any other matters that the
Minister may determine.
7. Section 52 amended (Application for registration)
Section 52 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)(c)
"Registration Board" and substituting
"Registrar";
6
Education Amendment Act 2014
Act No. of
s. 8
(b) by omitting from subsection (2)(d)
"Registration Board" and substituting
"Registrar";
(c) by omitting from subsection (3)
"Registration Board" and substituting
"Registrar";
(d) by omitting from subsection (3) "it" and
substituting "he or she".
8. Section 53 amended (Grant of application)
Section 53 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Registration Board" and substituting
"Registrar";
(b) by omitting from subsection (2)
"Registration Board" and substituting
"Registrar";
(c) by omitting from subsection (2) "it" and
substituting "the Registrar".
9. Section 54 amended (Types of registration)
Section 54 of the Principal Act is amended as
follows:
(a) by omitting "Registration Board" and
substituting "Registrar";
7
Education Amendment Act 2014
Act No. of
s. 10
(b) by omitting "it" and substituting "he or
she".
10. Section 55 amended (Review of registration)
Section 55 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Registration Board" and substituting
"Registrar";
(b) by omitting from subsection (2)
"Registration Board" twice occurring and
substituting "Registrar";
(c) by omitting from subsection (4)
"Registration Board" and substituting
"Registrar".
11. Section 56 amended (Inspections)
Section 56 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Registration Board" and substituting
"Registrar";
(b) by omitting from subsection (2)
"Registration Board" twice occurring and
substituting "Registrar";
(c) by omitting from subsection (3)
"Registration Board" and substituting
"Registrar".
8
Education Amendment Act 2014
Act No. of
s. 12
12. Section 57 amended (Certificate of authority)
Section 57(1) of the Principal Act is amended by
omitting "Registration Board" and substituting
"Registrar".
13. Section 60 amended (Renewal of registration)
Section 60 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)(b)
"Registration Board" and substituting
"Registrar";
(b) by omitting from subsection (3)
"Registration Board" and substituting
"Registrar";
(c) by omitting from subsection (4)
"Registration Board" and substituting
"Registrar";
(d) by omitting from subsection (4) "it" and
substituting "the Registrar".
14. Section 61 amended (Cancellation of registration)
Section 61(1) of the Principal Act is amended by
omitting "Registration Board" and substituting
"Registrar".
9
Education Amendment Act 2014
Act No. of
s. 15
15. Section 63 amended (Certificate of registration)
Section 63(1) of the Principal Act is amended by
omitting "Registration Board" and substituting
"Registrar".
16. Section 86 amended (Immunity from liability)
Section 86 of the Principal Act is amended by
omitting "Any person or member of the
Registration Board or any council or committee
established under this Act" and substituting "The
Registrar, a person who was a member of the
Registration Board in existence immediately
before the commencement of the Education
Amendment Act 2014 or a member of any
council or committee established under this Act,
or any other person,".
17. Section 88 repealed
Section 88 of the Principal Act is repealed.
18. Section 89 amended (Records)
Section 89 of the Principal Act is amended as
follows:
(a) by omitting "Registration Board" and
substituting "Registrar";
(b) by omitting from paragraph (a) "its" and
substituting "the Registrar's";
10
Education Amendment Act 2014
Act No. of
s. 19
(c) by omitting from paragraph (b) "its" and
substituting "the Registrar's".
19. Section 91 amended (Regulations)
Section 91(5) of the Principal Act is amended by
omitting "Registration Board" and substituting
"Registrar".
20. Section 92A inserted
After section 92 of the Principal Act, the
following section is inserted in Part 7:
92A. Transitional and savings provisions -
Education Amendment Act 2014
Schedule 4 has effect with respect to
transitional and savings provisions.
21. Schedule 1 repealed
Schedule 1 to the Principal Act is repealed.
22. Schedule 4 inserted
After Schedule 3 to the Principal Act, the
following Schedule is inserted:
11
Education Amendment Act 2014
Act No. of
s. 22
SCHEDULE 4 - TRANSITIONAL AND SAVINGS
PROVISIONS - EDUCATION AMENDMENT ACT 2014
Section 92A
1. Interpretation
In this Schedule -
amending Act means the Education
Amendment Act 2014;
commencement day means
1 February 2015;
Registration Board means the
Registration Board as constituted
before the commencement day.
2. Decisions &c. of Registration Board
(1) A direction, decision, determination,
recommendation, arrangement or
requirement, that is given, made, or
imposed, by the Registration Board
before the commencement day is to be
taken after that day to have been given,
made, or imposed, by the Registrar on
the day on which it was given, made, or
imposed, by the Registration Board.
(2) A certificate, notice, report, or other
instrument, that is issued by the
Registration Board before the
commencement day is to be taken after
that day to have been issued by the
12
Education Amendment Act 2014
Act No. of
s. 22
Registrar on the day on which it was
issued by the Registration Board.
3. Registration
(1) An application that has been made under
section 52 or section 60 but that has not
been determined under Part 5 before the
commencement day is to be taken after
that day to have been made to the
Registrar on the day on which it was
made.
(2) A school that is, immediately before the
commencement day, a school that is
registered, or whose registration has been
renewed, under Part 5 by the Registration
Board is to be taken after the
commencement day to be a school that is
registered, or whose registration has been
renewed, under Part 5 by the Registrar on
the day on which it was registered, or its
registration was renewed, by the
Registration Board.
(3) Nothing in this clause is to be taken to
prevent the cancellation or expiry of the
registration of a school under Part 5 or of
a certificate or approval under that Part.
4. Matters related to legal proceedings
(1) A document, or other instrument, issued
to, or served on, the Registration Board
before the commencement day is to be
13
Education Amendment Act 2014
Act No. of
s. 23
taken to have been issued to or served on
the Registrar on the day on which it was
issued to or served on the Registration
Board.
(2) A legal proceeding that is instituted by or
against the Registration Board and is on
foot immediately before the
commencement day may be continued by
or against the Registrar.
(3) A legal proceeding that could have been
instituted by or against the Registration
Board immediately before the
commencement day may be instituted by
or against the Registrar.
(4) A judgment or order of a court obtained
by or against the Registration Board
before the commencement day may be
enforced by or against the Registrar.
(5) A reference to a legal proceeding in this
clause includes, but is not limited to
including, a legal proceeding under
section 62.
23. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
14 Government Printer, Tasmania