Tasmanian Bills Clause Notes Tasmanian Bills Clause Notes[Index] [Search] [Download] [Bill] [Help]
CLAUSE NOTES
Tasmanian Qualifications Authority Amendment Bill
Clause 1 Short title and citation
Clause 2 The Act commences on the day it receives Royal Assent
Clause 3 The Principal Act is the Tasmanian Qualifications Authority Act 2003
Clause 4 Long Title Amended
Clause 4 amends the Long Title of the Principal Act to reflect that the
Act will establish the “Office of Tasmanian Assessment Standards and
Certification”
Clause 5 Section 1 amended (Short Title)
The Act will be known as The Tasmanian Assessment, Standards and
Certification Act 2003
Clause 6 Section 3 amended
By omitting the word “Authority” from the definitions of assessment
recommendation, formal education and recognised qualification, and
replacing it with the word “office” in each instance.
By omitting the definition of Authority and Chief Executive Officer
By inserting definitions for Executive Officer, Framework Advisory Council,
Office and senior secondary accreditation framework.
By inserting an additional definition of Ministerial Council to ensure that
any Ministerial Council having responsibility for senior secondary
education and tertiary education is included in the legislation despite the
fact the MCEETYA is the Ministerial Council originally referred to in the
legislation.
By inserting a definition of Office as the Office of Tasmanian Assessment,
Standards and Certification.
By omitting the word “Authority” and replacing it with the word
“Office” wherever it appears
By inserting a definition of “registered school” as the same as that in the
Education Act
By inserting a definition of “school” as the same as the Education Act
By inserting definitions for “senior secondary accreditation framework” as
the framework established under this Bill and “State school” as the same
as the Education Act
Clause 7 Part 2 Heading amended
The heading of Part 2 will read “OFFICE OF TASMANIAN
ASSESSMENT, STANDARDS AND CERTIFICATION”
Clause 8 Part 2 Division 1 heading amended
Page 1 of 16
The heading of Part 2, division 1 will read “Office of Tasmanian
Assessment, Standards and Certification”
Clause 9 Section 7 amended
Continues the Tasmanian Qualifications Authority as the Office of
Tasmanian Assessment, Standards and Certification
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 10 Section 8 substituted
The previous Section 8 is replaced with a new section to provide for the
constitution of the Office. The Office is constituted by the Executive
Officer.
Clause 11 Section 9 amended
Replaces the word “Authority“ with the word “Office”.
Clause 12 Section 10 substituted
The previous Section 10 is replaced with a new section setting out the
Functions of Office. The functions are largely the same with the
exception of the function relating to data management at Ss10(1)(i)-(k)
and S10(2) and (3)which clearly state the data which is to be collected,
how it is to be managed, and how it is to be provided to each of the
sectors.
Replaces the word “Authority“ with the word “Office” wherever it
appears.
Clause 13 Section 11 amended
Replaces the word “Authority“ with the word “Office” wherever it
appears.
Clause 14 Section 12 amended
Replaces the word “Authority“ with the word “Office”.
Clause 15 Section 13 amended
Limits the power of the Minister to direct the Office to the ability to give
policy expectations and provide written directions in respect of
compliance with those policy expectations in so far as they relate to the
exercise of functions and powers.
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 16 Section 14 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 17 Section 15 removed
This section is redundant because the Executive Officer is a State
Servant and bound by the Code of Conduct and State Service Principles
in the State Service Act.
Page 2 of 16
Clause 18 Part 2 Division 3 heading amended
This heading will now read “Executive Officer and staff of Office’
Clause 19 Sections 16, 17 and 18 substituted
Section 16 provides that the Executive Officer will be appointed
pursuant to the State Service Act 2000 in an open merit selection
process
Section 17 provides that the staff of the Office and Department of
Education employees made available by the Secretary to the Office, and
that the Secretary will assist the office to engage staff from other
departments should that be necessary.
Section 18 is removed
Clause 20 Section 19 amended
Provides for the Office to appoint one of the employees referred to in
Section 17 to be an authorised officer.
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 21 Section 20 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Provides for the Executive Officer to be a member of a committee
Clause 22 Section 22 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 23 Section 23 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 24 Section 24 substituted
Replaces the previous Section 24 with a requirement for the Office to
provide reporting information to the Secretary to enable the Secretary
to report within the departmental Annual Report each year. This
ensures that the Secretary is able to meet all financial and audit
obligations as the Office budget is a departmental budget.
Clause 25 Part 3 Division 1 inserted
Inserts a new Division 1 – Preliminary which constitutes sections 24A –
24I inclusive
Section 24A the Minister will establish priorities which are akin to what
is generally known as a curriculum framework for senior secondary
education in Tasmania
Section 24B provides definitions for registered school, State school and
Tasmanian Academy.
Page 3 of 16
It further provides that the Secretary of the Department is to advise the
Minister on the priorities for the curriculum for senior secondary
education in Tasmania, to cause the Department to develop the
curriculum.
The Secretary is to ensure that the curriculum is suitable for all
Tasmanian schools, and developed in accordance with the Minister’s
priorities.
In undertaking his responsibilities, the Secretary must consult with the
non-government school sectors and consider the needs of the
Tasmanian workforce and of providers of vocational education and
training and of higher education.
Section 24C provides for the development of committees to assist in
carrying out the curriculum development. The Committees are
established by the Secretary, in consultation with the non-government
school sectors. The committees do not have a fixed number or make
up and members hold office for the period specified in the instrument of
appointment.
Section 24D determines that the Secretary may provide for the
regulation of committees. Further, the committee must keep accurate
minutes. The Committee may regulate its own proceedings in the
absence of a determination from the Secretary.
Section 24E provides that the Office must develop a draft framework
relating to the accreditation of senior secondary courses.
The framework can be reviewed at the direction of the Minister, or on
the Office’s own instigation.
The Office is to request the Framework Advisory Council to provide a
report containing its recommendations for the Framework. The Office
is to take those recommendations into account in considering the
development of the framework and may consult with the Framework
Advisory Council at any time during that process.
Upon review of the framework, the Office can prepare a draft
amendment to the Framework, a substituted framework or a report
stating that the Framework does not need amendment and the reasons
for that decision.
Section 24F provides that after completing either the draft framework, a
draft amendment, a draft replacement framework, or a report stating
that no amendment is required; the Office must provide that report or
Framework to the Minister along with a copy of the report of the
Framework Advisory Council to the Minister.
The Minister may, approve the draft Framework, or require an
amendment to the Framework, or request a substitute Framework for
approval.
The Framework must include the priorities for accreditation of senior
secondary courses; and the process to be followed in determining
Page 4 of 16
whether or not to accredit a senior secondary course; and the standards
a course must meet in order for it to be accredited.
The framework may include any other matters the Minister considers
appropriate.
This section also provides that if the Minister is provided with a draft
amendment to the Framework, or a draft replacement Framework or a
recommendation that the Framework be rescinded or substituted, the
Minister may approve the amendment, approve the rescinding and
substitution or require an amendment or replacement framework.
If the Minister receives a report from the Office indicating that the
Framework does not need amendment or replacement, he can either
accept that report or he can require the Office to provide a draft
amendment or replacement of the Framework.
The Minister must give a copy of the approved Framework to the
Secretary to enable him to carry out his curriculum responsibilities under
the Act.
The Office must make available current copies of the Framework upon
request, including for a fee, and including publishing the Framework on
its website.
Section 24G provides that the Office must perform and exercise its
functions and powers consistently with the Framework.
The Office may also consult with the Framework Advisory Council on
any matters which arise from implementing the Framework.
Section 24H establishes the Framework Advisory Council.
The functions of the Framework Advisory Council are:
To advise and assist the Office and the Minsiter in relation to the
development and review of the Framework and
To advise and assist the Office on any matters that may arise
from the implementation of the Framework.
The Framework Advisory Council consists of the Secretary of the
Department or his nominee, a nominee from the bodies representing
Independent Schools (Independent Schools Tasmania or its equivalent)
and Catholic Schools (Catholic Education Office or equivalent), a
nominee from Tas TAFE and from the University of Tasmanian and any
other persons the Minister considers appropriate to ensure a breadth of
community representation.
Members are appointed by the Minister for a term determined by the
Minister.
If one of the bodies referred to above does not nominate a member,
then the Minister may appoint an appropriate person.
The Minister is to ensure that representation fairly represents all
educational sectors.
Page 5 of 16
The Minister is to appoint a member of the Framework Advisory
Council to be its chairperson.
Section 24I provides for the regulation of proceedings of the Framework
Advisory Council. The Minister may provide for the regulation of
proceedings, or in the absence of that, the Framework Advisory Council
can regulate its own proceedings. It must keep accurate minutes of
meetings.
The Executive Officer is entitled to attend meetings but does not have a
vote.
Clause 26 Part 3 Division 1 heading amended
The existing Division 1 becomes Division 1A.
Clause 27 Section 25 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 28 Section 26 amended
Omits subsection 1 which allowed the previous Authority to create
courses and accredit them.
Replaces the word “Authority” with the word “Office” wherever it
appears.
Ensures that the Office may only accredit a course where it has been
developed in accordance with the Framework and ensures consistency
with national standards.
Clause 29 Section 27 amended
Removes the requirement to accredit courses for a period of times not
exceeding 5 years and provides for the Office to determine the length
of time for accreditation of a course.
Clause 30 Section 28 substituted
Provides for renewal of courses to be consistent with accreditation of
courses. It no longer requires the renewal to be treated as a fresh
application for accreditation.
The Office must be satisfied that the course complies with the
Framework and can refuse to renew if it is satisfied that the course and
its delivery methods no longer achieve the purposes, aims and learning
outcomes of the course; or the contents and standards and the methods
of delivery are no longer consistent with relevant national standards.
Renewal is for a period of time determined by the Office and the
qualification that was conferred on the successful completion of the
course remains the same as it was before renewal.
The Office is provided to give written notice of its decision to the
applicant for renewal.
Page 6 of 16
Clause 31 Section 29 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 32 Section 31 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 33 Section 32 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 34 Section 33 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 35 Section 33A amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 36 Section 33B amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 37 Section 33C amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 38 Section 33D amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 39 Section 33E amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 40 Section 33F amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 41 Section 33I amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 42 Section 33J amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 43 Section 33L amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Page 7 of 16
Clause 44 Section 33M amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 45 Section 33N amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 46 Section 35 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 47 Section 36 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 48 Section 37 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 49 Section 38 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 50 Section 40 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 51 Section 42 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 52 Section 43 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 53 Section 44 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 54 Section 45 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 55 Section 48 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 56 Section 51 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Page 8 of 16
Clause 57 Section 51 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 58 Section 52 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 59 Section 55A amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 60 Section 55B amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 61 Section 55C amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 62 Section 55D amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 63 Section 55G amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 64 Section 55H amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 65 Section 55J amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 66 Section 55K amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 67 Section 55L amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 68 Section 55N amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 69 Section 55O amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Page 9 of 16
Clause 70 Section 55P amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 71 Section 55Q amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 72 Section 55T amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 73 Section 55U amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 74 Section 55W amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 75 Section 55X amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 76 Section 55ZG amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 77 Section 55ZH amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 78 Section 55ZI amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 79 Section 55ZJ amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 80 Section 55ZL amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 81 Section 55ZN amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 82 Section 55ZP amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Page 10 of 16
Clause 83 Section 55ZQ amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 84 Section 55ZR amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 85 Section 55ZT amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 86 Section 55ZU amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 87 Section 55ZV amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 88 Section 55ZW amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 89 Section 55ZY amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 90 Section 55ZZ amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 91 Section 55ZZA amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 92 Section 55ZZB amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 93 Section 55ZZC amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 94 Section 55ZZF amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 95 Section 55ZZG amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Page 11 of 16
Clause 96 Section 55ZZI amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 97 Section 55ZZJ amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 98 Section 55ZZL amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 99 Section 55ZZM amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 100 Section 55ZZN amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 101 Section 55ZZO amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 102 Section 55ZZP amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 103 Section 55ZZQ amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 104 Part 4D Divisions 3 Heading amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 105 Section 55ZZR amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 106 Section 56 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 107 Section 57 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 108 Section 58 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Page 12 of 16
Clause 109 Section 59 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 110 Section 60 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 111 Section 61 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 112 Section 62 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 113 Section 63 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
The office is to publish a register required by this Act on its website, the
Office may make that register public.
Clause 114 Section 64 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
The Office is to publish rules on its website and may make rules
available to the public
Replace ‘Chief Executive Officer’ with “Executive Officer”
Clause 115 Section 64A amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 116 Section 64B amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 117 Section 64C amended
Replaces the words “Qualifications Authority “with the word “Office”
wherever they appear.
Clause 118 Section 65 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 119 Section 67 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Page 13 of 16
Clause 120 Section 68 amended
Provides for judicial notice to be taken of the signature of a person who
is or has been the Executive Officer
Clause 121 Section 69 amended
Replaces the word “Authority” with the word “Office” or “Executive
Officer” as required wherever it appears.
Clause 122 Section 70 amended
Omits “Chief Executive Officer” and substitutes “Executive Officer”
Clause 123 Section 71 amended
Replaces the word “Authority” with the word “Office” wherever it
appears.
Clause 124 Section 72 amended
Replaces the word “Authority” with the word “Office” wherever it
appears and the words “Authority or chief executive officer” with
“Office or Executive Officer”
Clause 125 Section 73A substituted.
This section provides for the transitional provisions to ensure certainty.
The current chief executive officer will become the Director of
Education and Training research in the Department on the
commencement day of the legislation.
Staff appointed under section 18 of the previous Act remain appointed
pursuant to the State Service Act thereby retaining their employment
status under this legislation.
The employee or officer currently carrying out the duties of Director,
Equity Services within the Department will hold the office of Executive
Director on an interim basis until the position is filled in accordance with
the legislation.
TASC will only be required to provide an Annual Report for the last 6
months of this financial year.
Senior secondary courses which expire after the commencement day
but before the Framework has been approved will be assessed by TASC
without the requirement that the course complies with the Framework.
Clause 126 Schedules 1 and 2 repealed
These schedules dealt with membership and meetings of the Authority.
Clause 127 Schedule 3 amended
Insert a definition of Authority for savings and transitional purposes.
Amendment to the Tasmanian Education and Training (Tasmanian Academy) Act 2008
Clause 128 definition of Principal Act being the Tasmanian Education and Training
(Tasmanian Academy) Act 2008
Page 14 of 16
Clause 129 Section 4 amended
Omit “Tasmanian Qualifications Authority Act 2003” and replace with
“Office of Tasmanian Assessment, Standards and Certification Act 2003”
Amendment to the Vocational Education and Training (Commonwealth Powers) Act 2011
Clause 130 definition of Principal Act being Vocational Education and Training
(Commonwealth Powers) Act 2011
Clause 131 Section 11 amended
By omitting the words “Qualifications Authority” and replacing them
with “Office of Tasmanian Assessment, Standards and Certification”
wherever they appear.
By inserting a definition of “Office of Tasmanian Assessment, Standards
and Certification”
By omitting “Commonwealth;” and replacing it with “Commonwealth.”
And omitting the definition of Qualifications Authority.
Amendment to the Youth Participation in Education and Training (Guaranteeing Futures)
Act 2005
Clause 132 definition of Principal Act as Youth Participation in Education and Training
(Guaranteeing Futures) Act 2005
Clause 133 Section 5 amended
Insert definition of the “Office of Tasmanian Assessment, Standards and
Certification”
Omit the definition of “Qualifications Authority”
Clause 134 Section 7 amended
Omit “Tasmanian Qualifications Authority Act 2003” and substitute with
“Office of Tasmanian Assessment, Standards and Certification Act 2003”
wherever appearing
Clause 135 Section 18 amended
Omit the definition of “Qualifications Authority” and replace with
“Office of Tasmanian Assessment, Standards and Certification”
Clause 136 Section 23 amended
Omit the definition of “Qualifications Authority” and replace with
“Office of Tasmanian Assessment, Standards and Certification”
Clause 137 Section 27 amended
Omit the definition of “Qualifications Authority” and replace with
“Office of Tasmanian Assessment, Standards and Certification”
Clause 138 Section 29 amended
Omit the definition of “Qualifications Authority” and replace with
“Office of Tasmanian Assessment, Standards and Certification”
Page 15 of 16
Clause 139 Section 31 amended
Omit the definition of “Qualifications Authority” and replace with
“Office of Tasmanian Assessment, Standards and Certification” wherever
they appear
Clause 140 Section 32 amended
Omit the definition of “Qualifications Authority” and replace with
“Office of Tasmanian Assessment, Standards and Certification” wherever
they appear
Omit the reference to annual report under the Tasmanian Qualifications
Authority Act 2003 and replace with it a reference to the annual report
under the Office of Tasmanian Assessment, Standards and Certification Act
2003
Clause 141 Section 34 amended
Omit the definition of “Qualifications Authority” and replace with
“Office of Tasmanian Assessment, Standards and Certification”
Clause 142 Section 44 amended
Omit the definition of “Qualifications Authority” and replace with
“Office of Tasmanian Assessment, Standards and Certification”
Clause 143 Section 45 amended
Omit the definition of “Qualifications Authority” and replace with
“Office of Tasmanian Assessment, Standards and Certification”
Omit “Tasmanian Qualifications Authority Act 2003” ad replace with
“Office of Tasmanian Assessment Standards and Certification Act 2003”
Clause 144 Repeal of Act
This Act is repealed on the 365th day from the day on which it
commences.
Page 16 of 16