{"id":"C2008A00136","name":"Australian Curriculum, Assessment and Reporting Authority Act 2008","slug":"australian-curriculum-assessment-and-reporting-authority-act-2008","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"136 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8083,"registerId":"commonwealth-C2008A00136-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Australian Curriculum, Assessment and Reporting Authority Act 2008.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n  In this Act:\n\n> Australian government body means:\n\n    (a) the Commonwealth, a State or a Territory; or\n    (b) an agency or authority of:\n    (i) the Commonwealth; or\n    (ii) a State; or\n    (iii) a Territory.\n\n> Board means the Board of the Australian Curriculum, Assessment and Reporting Authority.\n\n> CEO means the Chief Executive Officer of the Australian Curriculum, Assessment and Reporting Authority.\n\n> Chair means the Chair of the Board.\n\n> Charter means the charter of the Australian Curriculum, Assessment and Reporting Authority as determined from time to time by the Ministerial Council.\n\n> Deputy Chair means the Deputy Chair of the Board.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> member means a member of the Board and includes the Chair and the Deputy Chair.\n\n> Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to education.\n\n> personal information has the same meaning as in section 6 of the Privacy Act 1988.\n\n> State or Territory Education Minister means the Minister representing the State or Territory concerned on the Ministerial Council.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Constitutional operation of this Act","content":"#### 4 Constitutional operation of this Act\n\n  Without limiting its effect apart from this section, this Act also has the effect it would have if the powers and functions of the Australian Curriculum, Assessment and Reporting Authority were confined to powers and functions that were to be exercised and performed:\n    (a) in so far as it is appropriate for those powers and functions to be exercised and performed by the Australian Curriculum, Assessment and Reporting Authority on behalf of the Government of the Commonwealth as the national Government of Australia; and\n    (b) for purposes for which it is appropriate for the Parliament, as the national Parliament of Australia, to authorise the Australian Curriculum, Assessment and Reporting Authority to exercise powers and perform functions; and\n    (c) in relation to expenditure of money that is available for the purposes of the Australian Curriculum, Assessment and Reporting Authority in accordance with an appropriation made by the Parliament; and\n    (d) for the purposes of providing benefits to students; and\n    (e) in relation to trade and commerce with other countries, among the States, between Territories or between a Territory and a State; and\n    (f) in relation to postal, telegraphic, telephonic, and other like services; and\n    (g) in relation to the collection of statistics; and\n    (h) in relation to external affairs; and\n    (i) in relation to a Territory; and\n    (j) in relation to the executive power of the Commonwealth; and\n    (k) in relation to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Australian Curriculum, Assessment and Reporting Authority","content":"## Part 2—Australian Curriculum, Assessment and Reporting Authority","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Establishment","content":"#### 5 Establishment\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority is established by this section.\n  (2) The Australian Curriculum, Assessment and Reporting Authority:\n    (a) is a body corporate; and\n    (b) must have a seal; and\n    (c) may acquire, hold and dispose of real and personal property; and\n    (d) may sue and be sued.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Australian Curriculum, Assessment and Reporting Authority. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) The seal of the Australian Curriculum, Assessment and Reporting Authority is to be kept in such custody as the Board directs, and is not to be used except as authorised by the Board.\n  (4) All courts, judges and persons acting judicially must:\n    (a) take judicial notice of the imprint of the seal of the Australian Curriculum, Assessment and Reporting Authority appearing on a document; and\n    (b) presume that the document was duly sealed.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Functions","content":"#### 6 Functions\n\n  The functions of the Australian Curriculum, Assessment and Reporting Authority are to:\n    (a) develop and administer a national school curriculum, including content of the curriculum and achievement standards, for school subjects specified in the Charter; and\n    (b) develop and administer national assessments; and\n    (c) collect, manage and analyse student assessment data and other data relating to schools and comparative school performance; and\n    (d) facilitate information sharing arrangements between Australian government bodies in relation to the collection, management and analysis of school data; and\n    (e) publish information relating to school education, including information relating to comparative school performance; and\n    (f) provide school curriculum resource services, educational research services and other related services; and\n    (g) provide information, resources, support and guidance to the teaching profession; and\n    (h) perform such other functions that are conferred on it by, or under, this Act or any other Commonwealth Act; and\n    (i) perform such other functions that are ancillary or incidental to the functions mentioned in the preceding paragraphs.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Considerations governing the performance of functions","content":"#### 7 Considerations governing the performance of functions\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority must perform its functions and exercise its powers in accordance with any directions given to it by the Ministerial Council in writing.\n\n> Note: For how directions are given see: section 42\\. For directions relating to reporting requirements see: subsection 43(3).\n\n  (2) Directions under subsection (1) must not be inconsistent with:\n    (a) this Act or the regulations under this Act; or\n    (b) the Public Governance, Performance and Accountability Act 2013, or any rules or other instruments made under that Act.\n  (3) The Australian Curriculum, Assessment and Reporting Authority must also perform its functions and exercise its powers in accordance with the Charter.\n  (4) A direction given by the Ministerial Council under subsection (1) is not a legislative instrument.\n  (5) If the Charter is determined by the Ministerial Council in writing, the Charter is not a legislative instrument.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Powers","content":"#### 8 Powers\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n  (2) The Australian Curriculum, Assessment and Reporting Authority’s powers include, but are not limited to, the following powers:\n    (a) to enter into contracts;\n    (b) to accept gifts, devises, bequests and assignments (whether on trust or otherwise);\n    (c) to do anything incidental to any of its functions.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Charging of fees","content":"#### 9 Charging of fees\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority may charge fees for things done in performing its functions.\n  (2) A fee must not be such as to amount to taxation.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Privileges and immunities of the Crown","content":"#### 10 Privileges and immunities of the Crown\n\n  The Australian Curriculum, Assessment and Reporting Authority does not have the privileges and immunities of the Crown in right of the Commonwealth.","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"The Board of the Australian Curriculum, Assessment and Reporting Authority","content":"An Act to establish the Australian Curriculum, Assessment and Reporting Authority, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Curriculum, Assessment and Reporting Authority Act 2008.\n\n#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n#### 3 Definitions\n\n  In this Act:\n\n> Australian government body means:\n\n    (a) the Commonwealth, a State or a Territory; or\n    (b) an agency or authority of:\n    (i) the Commonwealth; or\n    (ii) a State; or\n    (iii) a Territory.\n\n> Board means the Board of the Australian Curriculum, Assessment and Reporting Authority.\n\n> CEO means the Chief Executive Officer of the Australian Curriculum, Assessment and Reporting Authority.\n\n> Chair means the Chair of the Board.\n\n> Charter means the charter of the Australian Curriculum, Assessment and Reporting Authority as determined from time to time by the Ministerial Council.\n\n> Deputy Chair means the Deputy Chair of the Board.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> member means a member of the Board and includes the Chair and the Deputy Chair.\n\n> Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to education.\n\n> personal information has the same meaning as in section 6 of the Privacy Act 1988.\n\n> State or Territory Education Minister means the Minister representing the State or Territory concerned on the Ministerial Council.\n\n#### 4 Constitutional operation of this Act\n\n  Without limiting its effect apart from this section, this Act also has the effect it would have if the powers and functions of the Australian Curriculum, Assessment and Reporting Authority were confined to powers and functions that were to be exercised and performed:\n    (a) in so far as it is appropriate for those powers and functions to be exercised and performed by the Australian Curriculum, Assessment and Reporting Authority on behalf of the Government of the Commonwealth as the national Government of Australia; and\n    (b) for purposes for which it is appropriate for the Parliament, as the national Parliament of Australia, to authorise the Australian Curriculum, Assessment and Reporting Authority to exercise powers and perform functions; and\n    (c) in relation to expenditure of money that is available for the purposes of the Australian Curriculum, Assessment and Reporting Authority in accordance with an appropriation made by the Parliament; and\n    (d) for the purposes of providing benefits to students; and\n    (e) in relation to trade and commerce with other countries, among the States, between Territories or between a Territory and a State; and\n    (f) in relation to postal, telegraphic, telephonic, and other like services; and\n    (g) in relation to the collection of statistics; and\n    (h) in relation to external affairs; and\n    (i) in relation to a Territory; and\n    (j) in relation to the executive power of the Commonwealth; and\n    (k) in relation to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.\n\n## Part 2—Australian Curriculum, Assessment and Reporting Authority\n\n#### 5 Establishment\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority is established by this section.\n  (2) The Australian Curriculum, Assessment and Reporting Authority:\n    (a) is a body corporate; and\n    (b) must have a seal; and\n    (c) may acquire, hold and dispose of real and personal property; and\n    (d) may sue and be sued.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Australian Curriculum, Assessment and Reporting Authority. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) The seal of the Australian Curriculum, Assessment and Reporting Authority is to be kept in such custody as the Board directs, and is not to be used except as authorised by the Board.\n  (4) All courts, judges and persons acting judicially must:\n    (a) take judicial notice of the imprint of the seal of the Australian Curriculum, Assessment and Reporting Authority appearing on a document; and\n    (b) presume that the document was duly sealed.\n\n#### 6 Functions\n\n  The functions of the Australian Curriculum, Assessment and Reporting Authority are to:\n    (a) develop and administer a national school curriculum, including content of the curriculum and achievement standards, for school subjects specified in the Charter; and\n    (b) develop and administer national assessments; and\n    (c) collect, manage and analyse student assessment data and other data relating to schools and comparative school performance; and\n    (d) facilitate information sharing arrangements between Australian government bodies in relation to the collection, management and analysis of school data; and\n    (e) publish information relating to school education, including information relating to comparative school performance; and\n    (f) provide school curriculum resource services, educational research services and other related services; and\n    (g) provide information, resources, support and guidance to the teaching profession; and\n    (h) perform such other functions that are conferred on it by, or under, this Act or any other Commonwealth Act; and\n    (i) perform such other functions that are ancillary or incidental to the functions mentioned in the preceding paragraphs.\n\n#### 7 Considerations governing the performance of functions\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority must perform its functions and exercise its powers in accordance with any directions given to it by the Ministerial Council in writing.\n\n> Note: For how directions are given see: section 42\\. For directions relating to reporting requirements see: subsection 43(3).\n\n  (2) Directions under subsection (1) must not be inconsistent with:\n    (a) this Act or the regulations under this Act; or\n    (b) the Public Governance, Performance and Accountability Act 2013, or any rules or other instruments made under that Act.\n  (3) The Australian Curriculum, Assessment and Reporting Authority must also perform its functions and exercise its powers in accordance with the Charter.\n  (4) A direction given by the Ministerial Council under subsection (1) is not a legislative instrument.\n  (5) If the Charter is determined by the Ministerial Council in writing, the Charter is not a legislative instrument.\n\n#### 8 Powers\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n  (2) The Australian Curriculum, Assessment and Reporting Authority’s powers include, but are not limited to, the following powers:\n    (a) to enter into contracts;\n    (b) to accept gifts, devises, bequests and assignments (whether on trust or otherwise);\n    (c) to do anything incidental to any of its functions.\n\n#### 9 Charging of fees\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority may charge fees for things done in performing its functions.\n  (2) A fee must not be such as to amount to taxation.\n\n#### 10 Privileges and immunities of the Crown\n\n  The Australian Curriculum, Assessment and Reporting Authority does not have the privileges and immunities of the Crown in right of the Commonwealth.\n\n## Part 3—The Board of the Australian Curriculum, Assessment and Reporting Authority\n\n### Division 1—The Board\n\n#### 11 Establishment\n\n  The Board of the Australian Curriculum, Assessment and Reporting Authority is established by this section.\n\n#### 12 Role\n\n  (1) The Board is responsible for ensuring the proper and efficient performance of the Australian Curriculum, Assessment and Reporting Authority’s functions.\n  (2) The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its duties.\n  (3) All acts and things done in the name of, or on behalf of, the Australian Curriculum, Assessment and Reporting Authority by the Board, or with the authority of the Board, are taken to have been done by the Australian Curriculum, Assessment and Reporting Authority.\n  (4) If a function or power of the Australian Curriculum, Assessment and Reporting Authority is dependent on the opinion, belief or state of mind of the Australian Curriculum, Assessment and Reporting Authority in relation to a matter, the function or power may be exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (3) in relation to that matter.\n\n#### 13 Membership\n\n  The Board consists of the following members:\n    (a) the Chair of the Board;\n    (b) the Deputy Chair of the Board;\n    (c) one member nominated by the Minister;\n    (d) one member nominated by:\n    (i) the National Catholic Education Commission; or\n    (ii) if the Commission ceases to exist—a similar body prescribed by the regulations for the purposes of this subparagraph;\n    (e) one member nominated by:\n    (i) the Independent Schools Council of Australia; or\n    (ii) if the Council ceases to exist—a similar body prescribed by the regulations for the purposes of this subparagraph;\n    (f) 8 members, each of whom is nominated by a different State or Territory Education Minister.\n\n#### 14 Appointment of members\n\n  (1) A member of the Board is to be appointed by the Minister by written instrument.\n\n> Note: A member of the Board is eligible for re‑appointment: see section 33AA of the Acts Interpretation Act 1901.\n\n  (2) The Minister can only make the appointment if:\n    (a) the Ministerial Council has agreed to the appointment of the person; and\n    (b) the Ministerial Council has agreed that the appointment of the person would ensure that the members of the Board collectively possess an appropriate balance of professional expertise in:\n    (i) matters relating to school curriculum; and\n    (ii) school assessment and data management; and\n    (iii) analysis and reporting in relation to school performance; and\n    (iv) financial and commercial matters in relation to the management of educational organisations; and\n    (v) corporate governance; and\n    (c) if the person is required to be nominated for the appointment as mentioned in paragraph 13(c), (d), (e) or (f)—the person has been so nominated.\n  (3) A member holds office on a part‑time basis.\n  (4) A member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n  (5) A person must not be appointed for a period if the sum of:\n    (a) that period; and\n    (b) any periods of previous appointment of the person as a member;\n  exceeds 6 years.\n\n#### 15 Acting in positions\n\n  (1) The Deputy Chair is to act as the Chair:\n    (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.\n\n  (4) The Minister may, by written instrument, appoint a member to act as the Deputy Chair:\n    (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Deputy Chair:\n    (i) is acting as the Chair; or\n    (ii) is absent from duty or from Australia; or\n    (iii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 16 Remuneration of members\n\n  (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.\n  (2) A member is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 17 Leave of members\n\n  (1) The Minister may grant the Chair leave of absence on the terms and conditions that the Minister determines.\n  (2) The Chair may grant leave of absence to any other member on the terms and conditions that the Chair determines.\n  (3) The Chair must notify the Minister if the Chair grants to a member leave of absence for a period that exceeds 6 months.\n\n#### 18 Resignation of members\n\n  (1) A member may resign his or her appointment by giving the Minister a written resignation.\n  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 19 Termination of appointment\n\n  (1) The Minister may terminate the appointment of a member for misbehaviour or physical or mental incapacity.\n  (2) The Minister must terminate the appointment of a member if:\n    (a) the member:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (c) the member is absent, except on leave of absence, from 3 consecutive meetings of the Board.\n\n> Note: The appointment of a member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 20 Other terms and conditions of members\n\n  A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n### Division 2—Board Procedures\n\n#### 21 Meetings\n\n  (1) The Chair must convene such meetings of the Board as are, in his or her opinion, necessary for the efficient conduct of its affairs.\n  (2) The quorum for a meeting is 9 members.\n  (3) However, if:\n    (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; and\n    (b) when the member leaves the meeting concerned there is no longer a quorum present;\n  those remaining members constitute a quorum for the purposes of any deliberation or decision at that meeting with respect to that matter.\n  (4) A question arising at a meeting of the Board is to be decided by a majority of the votes of the members present and voting.\n  (5) The Chair must preside at all meetings at which he or she is present.\n  (6) If the Chair is not present at a meeting the Deputy Chair, if present, must preside at the meeting.\n  (7) If neither the Chair nor the Deputy Chair is present at a meeting the members present must elect one of their number to preside at the meeting.\n  (8) At a meeting, the presiding member has a deliberative vote and, in the event of an equality of votes, has a casting vote.\n  (9) The Board must keep a record of any decisions made at a meeting.\n  (10) Subject to this Act and the Public Governance, Performance and Accountability Act 2013, the Board may regulate the conduct of its meetings as it thinks fit.\n\n#### 22 Decisions without meetings\n\n  (1) The Board is taken to have made a decision at a meeting if:\n    (a) without a meeting, a majority of the members entitled to vote on the proposed decision indicate agreement with the decision; and\n    (b) that agreement is indicated in accordance with the method determined by the Board under subsection (2); and\n    (c) all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.\n  (2) Subsection (1) applies if the Board:\n    (a) has determined that it may make decisions of that kind without a meeting; and\n    (b) has determined the method by which members are to indicate agreement with proposed decisions.\n  (3) For the purposes of paragraph (1)(a), a member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.\n  (4) The Board must keep a record of decisions made in accordance with this section.\n\n## Part 4—Chief Executive Officer, staff and committees\n\n### Division 1—Chief Executive Officer\n\n#### 23 Establishment\n\n  There is to be a Chief Executive Officer of the Australian Curriculum, Assessment and Reporting Authority.\n\n#### 24 Role\n\n  (1) The CEO is responsible for the day‑to‑day administration of the Australian Curriculum, Assessment and Reporting Authority.\n  (2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her duties.\n  (3) The CEO is to act in accordance with any policies determined, and any directions given, by the Board.\n  (4) All acts and things done in the name of, or on behalf of, the Australian Curriculum, Assessment and Reporting Authority by the CEO, or with the authority of the CEO, are taken to have been done by the Australian Curriculum, Assessment and Reporting Authority.\n  (5) If a function or power of the Australian Curriculum, Assessment and Reporting Authority is dependent on the opinion, belief or state of mind of the Australian Curriculum, Assessment and Reporting Authority in relation to a matter, the function or power may be exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (4) in relation to that matter.\n  (6) If a policy or direction under subsection (3) is in writing, the policy or direction is not a legislative instrument.\n\n#### 25 Appointment\n\n  (1) The CEO is to be appointed by the Board by written instrument after consultation with the Minister.\n\n> Note: The CEO is eligible for reappointment: see section 33AA of the Acts Interpretation Act 1901.\n\n  (2) The CEO holds office on a full‑time basis.\n  (3) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n  (4) The CEO must not be a member of the Board.\n\n#### 26 Acting appointments\n\n  The Board may, after consultation with the Minister, by written instrument appoint a person to act as the CEO:\n    (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the CEO:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 27 Other employment\n\n  (1) The CEO must not engage in paid employment outside the duties of the CEO’s office without the Chair’s approval.\n  (2) The Chair must notify the Minister of any approval given under subsection (1).\n\n#### 28 Remuneration\n\n  (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 29 Leave\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Chair may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Chair determines.\n  (3) The Chair must notify the Minister if the Chair grants to the CEO leave for a period that exceeds one month.\n\n#### 30 Disclosure of interests\n\n  (1) A disclosure by the CEO under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister and the Board.\n  (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n  (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the CEO is taken not to have complied with section 29 of that Act if the CEO does not comply with subsection (1) of this section.\n\n#### 31 Resignation\n\n  (1) The CEO may resign his or her appointment by giving the Chair a written resignation.\n  (2) The resignation takes effect on the day it is received by the Chair or, if a later day is specified in the resignation, on that later day.\n  (3) If the CEO resigns under this section, the Chair must notify the Minister of the resignation.\n\n#### 32 Termination\n\n  (1) The Board may terminate the appointment of the CEO for misbehaviour or physical or mental incapacity.\n  (2) The Board may terminate the appointment of the CEO if the Board is satisfied that the performance of the CEO has been unsatisfactory for a significant period of time.\n  (3) The Board must terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Chair’s approval, in paid employment outside the duties of his or her office; or\n    (d) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n  (4) If the Board terminates the appointment of the CEO, the Board must notify the Minister of the termination.\n\n#### 33 Other terms and conditions\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board.\n\n### Division 2—Staff\n\n#### 34 Staff\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority may employ such persons as it considers necessary for the performance of its functions and the exercise of its powers.\n  (2) An employee is to be employed on the terms and conditions that the Australian Curriculum, Assessment and Reporting Authority determines in writing.\n\n### Division 3—Committees\n\n#### 35 Committees of the Australian Curriculum, Assessment and Reporting Authority\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority may constitute committees for the purpose of assisting it in the performance of its functions.\n  (2) A committee may be constituted:\n    (a) wholly by members of the Board; or\n    (b) wholly by persons who are not members of the Board; or\n    (c) partly by members of the Board and partly by other persons.\n  (3) The Australian Curriculum, Assessment and Reporting Authority may determine:\n    (a) the manner in which a committee is to perform its functions; and\n    (b) the procedure to be followed at or in relation to the meetings of a committee, including matters with respect to:\n    (i) the convening of meetings; and\n    (ii) the number of members of the committee who are to form a quorum; and\n    (iii) the selection of a member of the committee to be the Chair of the committee; and\n    (iv) the manner in which questions arising at a meeting are to be decided.\n  (4) A committee must give the Australian Curriculum, Assessment and Reporting Authority such reports, documents and information in relation to the committee’s functions as the Australian Curriculum, Assessment and Reporting Authority requests.\n\n#### 36 Remuneration of committee members\n\n  (1) If the Board decides that a member of a committee should be remunerated, that member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, that member is to be paid the remuneration that is prescribed by the regulations.\n  (2) A member of a committee is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n## Part 5—Finance\n\n#### 37 Money payable to the Australian Curriculum, Assessment and Reporting Authority\n\n  (1) There is payable to the Australian Curriculum, Assessment and Reporting Authority such money as is appropriated by the Parliament for the purposes of the Australian Curriculum, Assessment and Reporting Authority.\n  (2) The Finance Minister may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to the Australian Curriculum, Assessment and Reporting Authority.\n  (3) If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.\n\n#### 38 Application of money by the Australian Curriculum, Assessment and Reporting Authority\n\n  (1) The money of the Australian Curriculum, Assessment and Reporting Authority consists of:\n    (a) money paid to the Australian Curriculum, Assessment and Reporting Authority under section 37; and\n    (b) any other money paid to the Australian Curriculum, Assessment and Reporting Authority.\n  (2) The money of the Australian Curriculum, Assessment and Reporting Authority is to be applied only:\n    (a) in payment or discharge of the costs, expenses and other obligations incurred or undertaken by the Australian Curriculum, Assessment and Reporting Authority in the performance of its functions and the exercise of its powers; and\n    (b) in payment of any remuneration or allowances payable under this Act.\n  (3) Subsection (2) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Australian Curriculum, Assessment and Reporting Authority.\n\n#### 39 Taxation\n\n  (1) To avoid doubt, for the purposes of section 50‑25 of the Income Tax Assessment Act 1997, the Australian Curriculum, Assessment and Reporting Authority is taken to be a public authority constituted under an Australian law.\n\n> Note: This means the Australian Curriculum, Assessment and Reporting Authority is exempt from income tax.\n\n  (2) The Australian Curriculum, Assessment and Reporting Authority is not subject to taxation under a law of a State or Territory, if the Commonwealth is not subject to the taxation.\n\n## Part 6—Other matters\n\n#### 40 Information collection, use and disclosure\n\n  (1) Personal information must not be collected by the Australian Curriculum, Assessment and Reporting Authority unless the collection is necessary for, and directly related to, any of the following purposes:\n    (a) conducting research relating to the national school curriculum;\n    (b) assisting government to formulate policies in relation to education matters;\n    (c) formulating national reports consisting of aggregated data on school performance.\n  (2) The use of personal information collected by the Australian Curriculum, Assessment and Reporting Authority in accordance with subsection (1) or lawfully disclosed to the Australian Curriculum, Assessment and Reporting Authority is taken to be authorised by this Act for the purposes of Australian Privacy Principle 6 if the use is necessary for, and directly related to, any of the purposes mentioned in that subsection.\n  (3) The disclosure of personal information by the Australian Curriculum, Assessment and Reporting Authority is taken to be authorised by this Act for the purposes of Australian Privacy Principle 6 if:\n    (a) the disclosure is made to a person or body that is prescribed by the regulations; and\n    (b) the disclosure is necessary for, and directly related to, the purposes mentioned in subsection (1).\n\n> Note: Australian Privacy Principle 6 applies to further disclosures of the personal information\n\n#### 41 Delegation\n\n  (1) The Minister may, by writing, delegate any or all of the Minister’s functions or powers under this Act to:\n    (a) the Secretary of the Department; or\n    (b) an SES employee in the Department.\n\n> Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n  (2) In performing functions and exercising powers under the delegation, the delegate must comply with any directions of the Minister.\n\n> Note: See sections 34AA to 34A of the Acts Interpretation Act 1901.\n\n  (3) The Chair may, by writing, delegate any or all of the Chair’s functions or powers to another member of the Board.\n  (4) In performing functions and exercising powers under the delegation, the delegate must comply with any directions of the Chair.\n\n#### 42 How Ministerial Council gives directions etc.\n\n  The Ministerial Council is to give a direction, an approval or a refusal for the purposes of a provision of this Act by resolution of the Council passed in accordance with the procedures determined by the Council.\n\n#### 43 Reporting requirements\n\n  (1) The Chair must prepare and give to the Ministerial Council a report relating to a financial year on or before:\n    (a) 30 September after the end of that year; or\n    (b) if the Minister specifies a later time—that time.\n  (2) The report must include:\n    (a) particulars of the activities of the Australian Curriculum, Assessment and Reporting Authority during that financial year to the extent they relate to the Charter; and\n    (b) if the Ministerial Council gives a direction under subsection 7(1) requiring the report to include any other information relating to the performance of the Australian Curriculum, Assessment and Reporting Authority’s functions—that information.\n  (3) However, information required in a direction under subsection 7(1) must not include any personal information.\n\n#### 43A Corporate plans\n\n  Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the Board.\n\n#### 44 Review of role and functions\n\n  (1) The Minister must cause a review of the Australian Curriculum, Assessment and Reporting Authority’s ongoing role and functions to be conducted.\n  (2) The review must:\n    (a) start 6 years after the commencement of this section; and\n    (b) be completed within 6 months.\n  (3) The Minister must cause a written report about the review to be prepared.\n  (4) The Minister must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the Minister receives the report.\n\n#### 45 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":12},{"sectionNumber":"Division 1","sectionType":"division","heading":"The Board","content":"An Act to establish the Australian Curriculum, Assessment and Reporting Authority, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Curriculum, Assessment and Reporting Authority Act 2008.\n\n#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n#### 3 Definitions\n\n  In this Act:\n\n> Australian government body means:\n\n    (a) the Commonwealth, a State or a Territory; or\n    (b) an agency or authority of:\n    (i) the Commonwealth; or\n    (ii) a State; or\n    (iii) a Territory.\n\n> Board means the Board of the Australian Curriculum, Assessment and Reporting Authority.\n\n> CEO means the Chief Executive Officer of the Australian Curriculum, Assessment and Reporting Authority.\n\n> Chair means the Chair of the Board.\n\n> Charter means the charter of the Australian Curriculum, Assessment and Reporting Authority as determined from time to time by the Ministerial Council.\n\n> Deputy Chair means the Deputy Chair of the Board.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> member means a member of the Board and includes the Chair and the Deputy Chair.\n\n> Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to education.\n\n> personal information has the same meaning as in section 6 of the Privacy Act 1988.\n\n> State or Territory Education Minister means the Minister representing the State or Territory concerned on the Ministerial Council.\n\n#### 4 Constitutional operation of this Act\n\n  Without limiting its effect apart from this section, this Act also has the effect it would have if the powers and functions of the Australian Curriculum, Assessment and Reporting Authority were confined to powers and functions that were to be exercised and performed:\n    (a) in so far as it is appropriate for those powers and functions to be exercised and performed by the Australian Curriculum, Assessment and Reporting Authority on behalf of the Government of the Commonwealth as the national Government of Australia; and\n    (b) for purposes for which it is appropriate for the Parliament, as the national Parliament of Australia, to authorise the Australian Curriculum, Assessment and Reporting Authority to exercise powers and perform functions; and\n    (c) in relation to expenditure of money that is available for the purposes of the Australian Curriculum, Assessment and Reporting Authority in accordance with an appropriation made by the Parliament; and\n    (d) for the purposes of providing benefits to students; and\n    (e) in relation to trade and commerce with other countries, among the States, between Territories or between a Territory and a State; and\n    (f) in relation to postal, telegraphic, telephonic, and other like services; and\n    (g) in relation to the collection of statistics; and\n    (h) in relation to external affairs; and\n    (i) in relation to a Territory; and\n    (j) in relation to the executive power of the Commonwealth; and\n    (k) in relation to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.\n\n## Part 2—Australian Curriculum, Assessment and Reporting Authority\n\n#### 5 Establishment\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority is established by this section.\n  (2) The Australian Curriculum, Assessment and Reporting Authority:\n    (a) is a body corporate; and\n    (b) must have a seal; and\n    (c) may acquire, hold and dispose of real and personal property; and\n    (d) may sue and be sued.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Australian Curriculum, Assessment and Reporting Authority. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) The seal of the Australian Curriculum, Assessment and Reporting Authority is to be kept in such custody as the Board directs, and is not to be used except as authorised by the Board.\n  (4) All courts, judges and persons acting judicially must:\n    (a) take judicial notice of the imprint of the seal of the Australian Curriculum, Assessment and Reporting Authority appearing on a document; and\n    (b) presume that the document was duly sealed.\n\n#### 6 Functions\n\n  The functions of the Australian Curriculum, Assessment and Reporting Authority are to:\n    (a) develop and administer a national school curriculum, including content of the curriculum and achievement standards, for school subjects specified in the Charter; and\n    (b) develop and administer national assessments; and\n    (c) collect, manage and analyse student assessment data and other data relating to schools and comparative school performance; and\n    (d) facilitate information sharing arrangements between Australian government bodies in relation to the collection, management and analysis of school data; and\n    (e) publish information relating to school education, including information relating to comparative school performance; and\n    (f) provide school curriculum resource services, educational research services and other related services; and\n    (g) provide information, resources, support and guidance to the teaching profession; and\n    (h) perform such other functions that are conferred on it by, or under, this Act or any other Commonwealth Act; and\n    (i) perform such other functions that are ancillary or incidental to the functions mentioned in the preceding paragraphs.\n\n#### 7 Considerations governing the performance of functions\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority must perform its functions and exercise its powers in accordance with any directions given to it by the Ministerial Council in writing.\n\n> Note: For how directions are given see: section 42\\. For directions relating to reporting requirements see: subsection 43(3).\n\n  (2) Directions under subsection (1) must not be inconsistent with:\n    (a) this Act or the regulations under this Act; or\n    (b) the Public Governance, Performance and Accountability Act 2013, or any rules or other instruments made under that Act.\n  (3) The Australian Curriculum, Assessment and Reporting Authority must also perform its functions and exercise its powers in accordance with the Charter.\n  (4) A direction given by the Ministerial Council under subsection (1) is not a legislative instrument.\n  (5) If the Charter is determined by the Ministerial Council in writing, the Charter is not a legislative instrument.\n\n#### 8 Powers\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n  (2) The Australian Curriculum, Assessment and Reporting Authority’s powers include, but are not limited to, the following powers:\n    (a) to enter into contracts;\n    (b) to accept gifts, devises, bequests and assignments (whether on trust or otherwise);\n    (c) to do anything incidental to any of its functions.\n\n#### 9 Charging of fees\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority may charge fees for things done in performing its functions.\n  (2) A fee must not be such as to amount to taxation.\n\n#### 10 Privileges and immunities of the Crown\n\n  The Australian Curriculum, Assessment and Reporting Authority does not have the privileges and immunities of the Crown in right of the Commonwealth.\n\n## Part 3—The Board of the Australian Curriculum, Assessment and Reporting Authority\n\n### Division 1—The Board\n\n#### 11 Establishment\n\n  The Board of the Australian Curriculum, Assessment and Reporting Authority is established by this section.\n\n#### 12 Role\n\n  (1) The Board is responsible for ensuring the proper and efficient performance of the Australian Curriculum, Assessment and Reporting Authority’s functions.\n  (2) The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its duties.\n  (3) All acts and things done in the name of, or on behalf of, the Australian Curriculum, Assessment and Reporting Authority by the Board, or with the authority of the Board, are taken to have been done by the Australian Curriculum, Assessment and Reporting Authority.\n  (4) If a function or power of the Australian Curriculum, Assessment and Reporting Authority is dependent on the opinion, belief or state of mind of the Australian Curriculum, Assessment and Reporting Authority in relation to a matter, the function or power may be exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (3) in relation to that matter.\n\n#### 13 Membership\n\n  The Board consists of the following members:\n    (a) the Chair of the Board;\n    (b) the Deputy Chair of the Board;\n    (c) one member nominated by the Minister;\n    (d) one member nominated by:\n    (i) the National Catholic Education Commission; or\n    (ii) if the Commission ceases to exist—a similar body prescribed by the regulations for the purposes of this subparagraph;\n    (e) one member nominated by:\n    (i) the Independent Schools Council of Australia; or\n    (ii) if the Council ceases to exist—a similar body prescribed by the regulations for the purposes of this subparagraph;\n    (f) 8 members, each of whom is nominated by a different State or Territory Education Minister.\n\n#### 14 Appointment of members\n\n  (1) A member of the Board is to be appointed by the Minister by written instrument.\n\n> Note: A member of the Board is eligible for re‑appointment: see section 33AA of the Acts Interpretation Act 1901.\n\n  (2) The Minister can only make the appointment if:\n    (a) the Ministerial Council has agreed to the appointment of the person; and\n    (b) the Ministerial Council has agreed that the appointment of the person would ensure that the members of the Board collectively possess an appropriate balance of professional expertise in:\n    (i) matters relating to school curriculum; and\n    (ii) school assessment and data management; and\n    (iii) analysis and reporting in relation to school performance; and\n    (iv) financial and commercial matters in relation to the management of educational organisations; and\n    (v) corporate governance; and\n    (c) if the person is required to be nominated for the appointment as mentioned in paragraph 13(c), (d), (e) or (f)—the person has been so nominated.\n  (3) A member holds office on a part‑time basis.\n  (4) A member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n  (5) A person must not be appointed for a period if the sum of:\n    (a) that period; and\n    (b) any periods of previous appointment of the person as a member;\n  exceeds 6 years.\n\n#### 15 Acting in positions\n\n  (1) The Deputy Chair is to act as the Chair:\n    (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.\n\n  (4) The Minister may, by written instrument, appoint a member to act as the Deputy Chair:\n    (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Deputy Chair:\n    (i) is acting as the Chair; or\n    (ii) is absent from duty or from Australia; or\n    (iii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 16 Remuneration of members\n\n  (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.\n  (2) A member is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 17 Leave of members\n\n  (1) The Minister may grant the Chair leave of absence on the terms and conditions that the Minister determines.\n  (2) The Chair may grant leave of absence to any other member on the terms and conditions that the Chair determines.\n  (3) The Chair must notify the Minister if the Chair grants to a member leave of absence for a period that exceeds 6 months.\n\n#### 18 Resignation of members\n\n  (1) A member may resign his or her appointment by giving the Minister a written resignation.\n  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 19 Termination of appointment\n\n  (1) The Minister may terminate the appointment of a member for misbehaviour or physical or mental incapacity.\n  (2) The Minister must terminate the appointment of a member if:\n    (a) the member:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (c) the member is absent, except on leave of absence, from 3 consecutive meetings of the Board.\n\n> Note: The appointment of a member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 20 Other terms and conditions of members\n\n  A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n### Division 2—Board Procedures\n\n#### 21 Meetings\n\n  (1) The Chair must convene such meetings of the Board as are, in his or her opinion, necessary for the efficient conduct of its affairs.\n  (2) The quorum for a meeting is 9 members.\n  (3) However, if:\n    (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; and\n    (b) when the member leaves the meeting concerned there is no longer a quorum present;\n  those remaining members constitute a quorum for the purposes of any deliberation or decision at that meeting with respect to that matter.\n  (4) A question arising at a meeting of the Board is to be decided by a majority of the votes of the members present and voting.\n  (5) The Chair must preside at all meetings at which he or she is present.\n  (6) If the Chair is not present at a meeting the Deputy Chair, if present, must preside at the meeting.\n  (7) If neither the Chair nor the Deputy Chair is present at a meeting the members present must elect one of their number to preside at the meeting.\n  (8) At a meeting, the presiding member has a deliberative vote and, in the event of an equality of votes, has a casting vote.\n  (9) The Board must keep a record of any decisions made at a meeting.\n  (10) Subject to this Act and the Public Governance, Performance and Accountability Act 2013, the Board may regulate the conduct of its meetings as it thinks fit.\n\n#### 22 Decisions without meetings\n\n  (1) The Board is taken to have made a decision at a meeting if:\n    (a) without a meeting, a majority of the members entitled to vote on the proposed decision indicate agreement with the decision; and\n    (b) that agreement is indicated in accordance with the method determined by the Board under subsection (2); and\n    (c) all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.\n  (2) Subsection (1) applies if the Board:\n    (a) has determined that it may make decisions of that kind without a meeting; and\n    (b) has determined the method by which members are to indicate agreement with proposed decisions.\n  (3) For the purposes of paragraph (1)(a), a member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.\n  (4) The Board must keep a record of decisions made in accordance with this section.\n\n## Part 4—Chief Executive Officer, staff and committees\n\n### Division 1—Chief Executive Officer\n\n#### 23 Establishment\n\n  There is to be a Chief Executive Officer of the Australian Curriculum, Assessment and Reporting Authority.\n\n#### 24 Role\n\n  (1) The CEO is responsible for the day‑to‑day administration of the Australian Curriculum, Assessment and Reporting Authority.\n  (2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her duties.\n  (3) The CEO is to act in accordance with any policies determined, and any directions given, by the Board.\n  (4) All acts and things done in the name of, or on behalf of, the Australian Curriculum, Assessment and Reporting Authority by the CEO, or with the authority of the CEO, are taken to have been done by the Australian Curriculum, Assessment and Reporting Authority.\n  (5) If a function or power of the Australian Curriculum, Assessment and Reporting Authority is dependent on the opinion, belief or state of mind of the Australian Curriculum, Assessment and Reporting Authority in relation to a matter, the function or power may be exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (4) in relation to that matter.\n  (6) If a policy or direction under subsection (3) is in writing, the policy or direction is not a legislative instrument.\n\n#### 25 Appointment\n\n  (1) The CEO is to be appointed by the Board by written instrument after consultation with the Minister.\n\n> Note: The CEO is eligible for reappointment: see section 33AA of the Acts Interpretation Act 1901.\n\n  (2) The CEO holds office on a full‑time basis.\n  (3) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n  (4) The CEO must not be a member of the Board.\n\n#### 26 Acting appointments\n\n  The Board may, after consultation with the Minister, by written instrument appoint a person to act as the CEO:\n    (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the CEO:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 27 Other employment\n\n  (1) The CEO must not engage in paid employment outside the duties of the CEO’s office without the Chair’s approval.\n  (2) The Chair must notify the Minister of any approval given under subsection (1).\n\n#### 28 Remuneration\n\n  (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 29 Leave\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Chair may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Chair determines.\n  (3) The Chair must notify the Minister if the Chair grants to the CEO leave for a period that exceeds one month.\n\n#### 30 Disclosure of interests\n\n  (1) A disclosure by the CEO under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister and the Board.\n  (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n  (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the CEO is taken not to have complied with section 29 of that Act if the CEO does not comply with subsection (1) of this section.\n\n#### 31 Resignation\n\n  (1) The CEO may resign his or her appointment by giving the Chair a written resignation.\n  (2) The resignation takes effect on the day it is received by the Chair or, if a later day is specified in the resignation, on that later day.\n  (3) If the CEO resigns under this section, the Chair must notify the Minister of the resignation.\n\n#### 32 Termination\n\n  (1) The Board may terminate the appointment of the CEO for misbehaviour or physical or mental incapacity.\n  (2) The Board may terminate the appointment of the CEO if the Board is satisfied that the performance of the CEO has been unsatisfactory for a significant period of time.\n  (3) The Board must terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Chair’s approval, in paid employment outside the duties of his or her office; or\n    (d) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n  (4) If the Board terminates the appointment of the CEO, the Board must notify the Minister of the termination.\n\n#### 33 Other terms and conditions\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board.\n\n### Division 2—Staff\n\n#### 34 Staff\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority may employ such persons as it considers necessary for the performance of its functions and the exercise of its powers.\n  (2) An employee is to be employed on the terms and conditions that the Australian Curriculum, Assessment and Reporting Authority determines in writing.\n\n### Division 3—Committees\n\n#### 35 Committees of the Australian Curriculum, Assessment and Reporting Authority\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority may constitute committees for the purpose of assisting it in the performance of its functions.\n  (2) A committee may be constituted:\n    (a) wholly by members of the Board; or\n    (b) wholly by persons who are not members of the Board; or\n    (c) partly by members of the Board and partly by other persons.\n  (3) The Australian Curriculum, Assessment and Reporting Authority may determine:\n    (a) the manner in which a committee is to perform its functions; and\n    (b) the procedure to be followed at or in relation to the meetings of a committee, including matters with respect to:\n    (i) the convening of meetings; and\n    (ii) the number of members of the committee who are to form a quorum; and\n    (iii) the selection of a member of the committee to be the Chair of the committee; and\n    (iv) the manner in which questions arising at a meeting are to be decided.\n  (4) A committee must give the Australian Curriculum, Assessment and Reporting Authority such reports, documents and information in relation to the committee’s functions as the Australian Curriculum, Assessment and Reporting Authority requests.\n\n#### 36 Remuneration of committee members\n\n  (1) If the Board decides that a member of a committee should be remunerated, that member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, that member is to be paid the remuneration that is prescribed by the regulations.\n  (2) A member of a committee is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n## Part 5—Finance\n\n#### 37 Money payable to the Australian Curriculum, Assessment and Reporting Authority\n\n  (1) There is payable to the Australian Curriculum, Assessment and Reporting Authority such money as is appropriated by the Parliament for the purposes of the Australian Curriculum, Assessment and Reporting Authority.\n  (2) The Finance Minister may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to the Australian Curriculum, Assessment and Reporting Authority.\n  (3) If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.\n\n#### 38 Application of money by the Australian Curriculum, Assessment and Reporting Authority\n\n  (1) The money of the Australian Curriculum, Assessment and Reporting Authority consists of:\n    (a) money paid to the Australian Curriculum, Assessment and Reporting Authority under section 37; and\n    (b) any other money paid to the Australian Curriculum, Assessment and Reporting Authority.\n  (2) The money of the Australian Curriculum, Assessment and Reporting Authority is to be applied only:\n    (a) in payment or discharge of the costs, expenses and other obligations incurred or undertaken by the Australian Curriculum, Assessment and Reporting Authority in the performance of its functions and the exercise of its powers; and\n    (b) in payment of any remuneration or allowances payable under this Act.\n  (3) Subsection (2) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Australian Curriculum, Assessment and Reporting Authority.\n\n#### 39 Taxation\n\n  (1) To avoid doubt, for the purposes of section 50‑25 of the Income Tax Assessment Act 1997, the Australian Curriculum, Assessment and Reporting Authority is taken to be a public authority constituted under an Australian law.\n\n> Note: This means the Australian Curriculum, Assessment and Reporting Authority is exempt from income tax.\n\n  (2) The Australian Curriculum, Assessment and Reporting Authority is not subject to taxation under a law of a State or Territory, if the Commonwealth is not subject to the taxation.\n\n## Part 6—Other matters\n\n#### 40 Information collection, use and disclosure\n\n  (1) Personal information must not be collected by the Australian Curriculum, Assessment and Reporting Authority unless the collection is necessary for, and directly related to, any of the following purposes:\n    (a) conducting research relating to the national school curriculum;\n    (b) assisting government to formulate policies in relation to education matters;\n    (c) formulating national reports consisting of aggregated data on school performance.\n  (2) The use of personal information collected by the Australian Curriculum, Assessment and Reporting Authority in accordance with subsection (1) or lawfully disclosed to the Australian Curriculum, Assessment and Reporting Authority is taken to be authorised by this Act for the purposes of Australian Privacy Principle 6 if the use is necessary for, and directly related to, any of the purposes mentioned in that subsection.\n  (3) The disclosure of personal information by the Australian Curriculum, Assessment and Reporting Authority is taken to be authorised by this Act for the purposes of Australian Privacy Principle 6 if:\n    (a) the disclosure is made to a person or body that is prescribed by the regulations; and\n    (b) the disclosure is necessary for, and directly related to, the purposes mentioned in subsection (1).\n\n> Note: Australian Privacy Principle 6 applies to further disclosures of the personal information\n\n#### 41 Delegation\n\n  (1) The Minister may, by writing, delegate any or all of the Minister’s functions or powers under this Act to:\n    (a) the Secretary of the Department; or\n    (b) an SES employee in the Department.\n\n> Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n  (2) In performing functions and exercising powers under the delegation, the delegate must comply with any directions of the Minister.\n\n> Note: See sections 34AA to 34A of the Acts Interpretation Act 1901.\n\n  (3) The Chair may, by writing, delegate any or all of the Chair’s functions or powers to another member of the Board.\n  (4) In performing functions and exercising powers under the delegation, the delegate must comply with any directions of the Chair.\n\n#### 42 How Ministerial Council gives directions etc.\n\n  The Ministerial Council is to give a direction, an approval or a refusal for the purposes of a provision of this Act by resolution of the Council passed in accordance with the procedures determined by the Council.\n\n#### 43 Reporting requirements\n\n  (1) The Chair must prepare and give to the Ministerial Council a report relating to a financial year on or before:\n    (a) 30 September after the end of that year; or\n    (b) if the Minister specifies a later time—that time.\n  (2) The report must include:\n    (a) particulars of the activities of the Australian Curriculum, Assessment and Reporting Authority during that financial year to the extent they relate to the Charter; and\n    (b) if the Ministerial Council gives a direction under subsection 7(1) requiring the report to include any other information relating to the performance of the Australian Curriculum, Assessment and Reporting Authority’s functions—that information.\n  (3) However, information required in a direction under subsection 7(1) must not include any personal information.\n\n#### 43A Corporate plans\n\n  Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the Board.\n\n#### 44 Review of role and functions\n\n  (1) The Minister must cause a review of the Australian Curriculum, Assessment and Reporting Authority’s ongoing role and functions to be conducted.\n  (2) The review must:\n    (a) start 6 years after the commencement of this section; and\n    (b) be completed within 6 months.\n  (3) The Minister must cause a written report about the review to be prepared.\n  (4) The Minister must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the Minister receives the report.\n\n#### 45 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Establishment","content":"#### 11 Establishment\n\n  The Board of the Australian Curriculum, Assessment and Reporting Authority is established by this section.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Role","content":"#### 12 Role\n\n  (1) The Board is responsible for ensuring the proper and efficient performance of the Australian Curriculum, Assessment and Reporting Authority’s functions.\n  (2) The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its duties.\n  (3) All acts and things done in the name of, or on behalf of, the Australian Curriculum, Assessment and Reporting Authority by the Board, or with the authority of the Board, are taken to have been done by the Australian Curriculum, Assessment and Reporting Authority.\n  (4) If a function or power of the Australian Curriculum, Assessment and Reporting Authority is dependent on the opinion, belief or state of mind of the Australian Curriculum, Assessment and Reporting Authority in relation to a matter, the function or power may be exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (3) in relation to that matter.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Membership","content":"#### 13 Membership\n\n  The Board consists of the following members:\n    (a) the Chair of the Board;\n    (b) the Deputy Chair of the Board;\n    (c) one member nominated by the Minister;\n    (d) one member nominated by:\n    (i) the National Catholic Education Commission; or\n    (ii) if the Commission ceases to exist—a similar body prescribed by the regulations for the purposes of this subparagraph;\n    (e) one member nominated by:\n    (i) the Independent Schools Council of Australia; or\n    (ii) if the Council ceases to exist—a similar body prescribed by the regulations for the purposes of this subparagraph;\n    (f) 8 members, each of whom is nominated by a different State or Territory Education Minister.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Appointment of members","content":"#### 14 Appointment of members\n\n  (1) A member of the Board is to be appointed by the Minister by written instrument.\n\n> Note: A member of the Board is eligible for re‑appointment: see section 33AA of the Acts Interpretation Act 1901.\n\n  (2) The Minister can only make the appointment if:\n    (a) the Ministerial Council has agreed to the appointment of the person; and\n    (b) the Ministerial Council has agreed that the appointment of the person would ensure that the members of the Board collectively possess an appropriate balance of professional expertise in:\n    (i) matters relating to school curriculum; and\n    (ii) school assessment and data management; and\n    (iii) analysis and reporting in relation to school performance; and\n    (iv) financial and commercial matters in relation to the management of educational organisations; and\n    (v) corporate governance; and\n    (c) if the person is required to be nominated for the appointment as mentioned in paragraph 13(c), (d), (e) or (f)—the person has been so nominated.\n  (3) A member holds office on a part‑time basis.\n  (4) A member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n  (5) A person must not be appointed for a period if the sum of:\n    (a) that period; and\n    (b) any periods of previous appointment of the person as a member;\n  exceeds 6 years.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Acting in positions","content":"#### 15 Acting in positions\n\n  (1) The Deputy Chair is to act as the Chair:\n    (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.\n\n  (4) The Minister may, by written instrument, appoint a member to act as the Deputy Chair:\n    (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Deputy Chair:\n    (i) is acting as the Chair; or\n    (ii) is absent from duty or from Australia; or\n    (iii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Remuneration of members","content":"#### 16 Remuneration of members\n\n  (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.\n  (2) A member is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Leave of members","content":"#### 17 Leave of members\n\n  (1) The Minister may grant the Chair leave of absence on the terms and conditions that the Minister determines.\n  (2) The Chair may grant leave of absence to any other member on the terms and conditions that the Chair determines.\n  (3) The Chair must notify the Minister if the Chair grants to a member leave of absence for a period that exceeds 6 months.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Resignation of members","content":"#### 18 Resignation of members\n\n  (1) A member may resign his or her appointment by giving the Minister a written resignation.\n  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Termination of appointment","content":"#### 19 Termination of appointment\n\n  (1) The Minister may terminate the appointment of a member for misbehaviour or physical or mental incapacity.\n  (2) The Minister must terminate the appointment of a member if:\n    (a) the member:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (c) the member is absent, except on leave of absence, from 3 consecutive meetings of the Board.\n\n> Note: The appointment of a member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Other terms and conditions of members","content":"#### 20 Other terms and conditions of members\n\n  A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.","sortOrder":23},{"sectionNumber":"Division 2","sectionType":"division","heading":"Board Procedures","content":"An Act to establish the Australian Curriculum, Assessment and Reporting Authority, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Curriculum, Assessment and Reporting Authority Act 2008.\n\n#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n#### 3 Definitions\n\n  In this Act:\n\n> Australian government body means:\n\n    (a) the Commonwealth, a State or a Territory; or\n    (b) an agency or authority of:\n    (i) the Commonwealth; or\n    (ii) a State; or\n    (iii) a Territory.\n\n> Board means the Board of the Australian Curriculum, Assessment and Reporting Authority.\n\n> CEO means the Chief Executive Officer of the Australian Curriculum, Assessment and Reporting Authority.\n\n> Chair means the Chair of the Board.\n\n> Charter means the charter of the Australian Curriculum, Assessment and Reporting Authority as determined from time to time by the Ministerial Council.\n\n> Deputy Chair means the Deputy Chair of the Board.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> member means a member of the Board and includes the Chair and the Deputy Chair.\n\n> Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to education.\n\n> personal information has the same meaning as in section 6 of the Privacy Act 1988.\n\n> State or Territory Education Minister means the Minister representing the State or Territory concerned on the Ministerial Council.\n\n#### 4 Constitutional operation of this Act\n\n  Without limiting its effect apart from this section, this Act also has the effect it would have if the powers and functions of the Australian Curriculum, Assessment and Reporting Authority were confined to powers and functions that were to be exercised and performed:\n    (a) in so far as it is appropriate for those powers and functions to be exercised and performed by the Australian Curriculum, Assessment and Reporting Authority on behalf of the Government of the Commonwealth as the national Government of Australia; and\n    (b) for purposes for which it is appropriate for the Parliament, as the national Parliament of Australia, to authorise the Australian Curriculum, Assessment and Reporting Authority to exercise powers and perform functions; and\n    (c) in relation to expenditure of money that is available for the purposes of the Australian Curriculum, Assessment and Reporting Authority in accordance with an appropriation made by the Parliament; and\n    (d) for the purposes of providing benefits to students; and\n    (e) in relation to trade and commerce with other countries, among the States, between Territories or between a Territory and a State; and\n    (f) in relation to postal, telegraphic, telephonic, and other like services; and\n    (g) in relation to the collection of statistics; and\n    (h) in relation to external affairs; and\n    (i) in relation to a Territory; and\n    (j) in relation to the executive power of the Commonwealth; and\n    (k) in relation to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.\n\n## Part 2—Australian Curriculum, Assessment and Reporting Authority\n\n#### 5 Establishment\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority is established by this section.\n  (2) The Australian Curriculum, Assessment and Reporting Authority:\n    (a) is a body corporate; and\n    (b) must have a seal; and\n    (c) may acquire, hold and dispose of real and personal property; and\n    (d) may sue and be sued.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Australian Curriculum, Assessment and Reporting Authority. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) The seal of the Australian Curriculum, Assessment and Reporting Authority is to be kept in such custody as the Board directs, and is not to be used except as authorised by the Board.\n  (4) All courts, judges and persons acting judicially must:\n    (a) take judicial notice of the imprint of the seal of the Australian Curriculum, Assessment and Reporting Authority appearing on a document; and\n    (b) presume that the document was duly sealed.\n\n#### 6 Functions\n\n  The functions of the Australian Curriculum, Assessment and Reporting Authority are to:\n    (a) develop and administer a national school curriculum, including content of the curriculum and achievement standards, for school subjects specified in the Charter; and\n    (b) develop and administer national assessments; and\n    (c) collect, manage and analyse student assessment data and other data relating to schools and comparative school performance; and\n    (d) facilitate information sharing arrangements between Australian government bodies in relation to the collection, management and analysis of school data; and\n    (e) publish information relating to school education, including information relating to comparative school performance; and\n    (f) provide school curriculum resource services, educational research services and other related services; and\n    (g) provide information, resources, support and guidance to the teaching profession; and\n    (h) perform such other functions that are conferred on it by, or under, this Act or any other Commonwealth Act; and\n    (i) perform such other functions that are ancillary or incidental to the functions mentioned in the preceding paragraphs.\n\n#### 7 Considerations governing the performance of functions\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority must perform its functions and exercise its powers in accordance with any directions given to it by the Ministerial Council in writing.\n\n> Note: For how directions are given see: section 42\\. For directions relating to reporting requirements see: subsection 43(3).\n\n  (2) Directions under subsection (1) must not be inconsistent with:\n    (a) this Act or the regulations under this Act; or\n    (b) the Public Governance, Performance and Accountability Act 2013, or any rules or other instruments made under that Act.\n  (3) The Australian Curriculum, Assessment and Reporting Authority must also perform its functions and exercise its powers in accordance with the Charter.\n  (4) A direction given by the Ministerial Council under subsection (1) is not a legislative instrument.\n  (5) If the Charter is determined by the Ministerial Council in writing, the Charter is not a legislative instrument.\n\n#### 8 Powers\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n  (2) The Australian Curriculum, Assessment and Reporting Authority’s powers include, but are not limited to, the following powers:\n    (a) to enter into contracts;\n    (b) to accept gifts, devises, bequests and assignments (whether on trust or otherwise);\n    (c) to do anything incidental to any of its functions.\n\n#### 9 Charging of fees\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority may charge fees for things done in performing its functions.\n  (2) A fee must not be such as to amount to taxation.\n\n#### 10 Privileges and immunities of the Crown\n\n  The Australian Curriculum, Assessment and Reporting Authority does not have the privileges and immunities of the Crown in right of the Commonwealth.\n\n## Part 3—The Board of the Australian Curriculum, Assessment and Reporting Authority\n\n### Division 1—The Board\n\n#### 11 Establishment\n\n  The Board of the Australian Curriculum, Assessment and Reporting Authority is established by this section.\n\n#### 12 Role\n\n  (1) The Board is responsible for ensuring the proper and efficient performance of the Australian Curriculum, Assessment and Reporting Authority’s functions.\n  (2) The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its duties.\n  (3) All acts and things done in the name of, or on behalf of, the Australian Curriculum, Assessment and Reporting Authority by the Board, or with the authority of the Board, are taken to have been done by the Australian Curriculum, Assessment and Reporting Authority.\n  (4) If a function or power of the Australian Curriculum, Assessment and Reporting Authority is dependent on the opinion, belief or state of mind of the Australian Curriculum, Assessment and Reporting Authority in relation to a matter, the function or power may be exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (3) in relation to that matter.\n\n#### 13 Membership\n\n  The Board consists of the following members:\n    (a) the Chair of the Board;\n    (b) the Deputy Chair of the Board;\n    (c) one member nominated by the Minister;\n    (d) one member nominated by:\n    (i) the National Catholic Education Commission; or\n    (ii) if the Commission ceases to exist—a similar body prescribed by the regulations for the purposes of this subparagraph;\n    (e) one member nominated by:\n    (i) the Independent Schools Council of Australia; or\n    (ii) if the Council ceases to exist—a similar body prescribed by the regulations for the purposes of this subparagraph;\n    (f) 8 members, each of whom is nominated by a different State or Territory Education Minister.\n\n#### 14 Appointment of members\n\n  (1) A member of the Board is to be appointed by the Minister by written instrument.\n\n> Note: A member of the Board is eligible for re‑appointment: see section 33AA of the Acts Interpretation Act 1901.\n\n  (2) The Minister can only make the appointment if:\n    (a) the Ministerial Council has agreed to the appointment of the person; and\n    (b) the Ministerial Council has agreed that the appointment of the person would ensure that the members of the Board collectively possess an appropriate balance of professional expertise in:\n    (i) matters relating to school curriculum; and\n    (ii) school assessment and data management; and\n    (iii) analysis and reporting in relation to school performance; and\n    (iv) financial and commercial matters in relation to the management of educational organisations; and\n    (v) corporate governance; and\n    (c) if the person is required to be nominated for the appointment as mentioned in paragraph 13(c), (d), (e) or (f)—the person has been so nominated.\n  (3) A member holds office on a part‑time basis.\n  (4) A member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n  (5) A person must not be appointed for a period if the sum of:\n    (a) that period; and\n    (b) any periods of previous appointment of the person as a member;\n  exceeds 6 years.\n\n#### 15 Acting in positions\n\n  (1) The Deputy Chair is to act as the Chair:\n    (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.\n\n  (4) The Minister may, by written instrument, appoint a member to act as the Deputy Chair:\n    (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Deputy Chair:\n    (i) is acting as the Chair; or\n    (ii) is absent from duty or from Australia; or\n    (iii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 16 Remuneration of members\n\n  (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.\n  (2) A member is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 17 Leave of members\n\n  (1) The Minister may grant the Chair leave of absence on the terms and conditions that the Minister determines.\n  (2) The Chair may grant leave of absence to any other member on the terms and conditions that the Chair determines.\n  (3) The Chair must notify the Minister if the Chair grants to a member leave of absence for a period that exceeds 6 months.\n\n#### 18 Resignation of members\n\n  (1) A member may resign his or her appointment by giving the Minister a written resignation.\n  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 19 Termination of appointment\n\n  (1) The Minister may terminate the appointment of a member for misbehaviour or physical or mental incapacity.\n  (2) The Minister must terminate the appointment of a member if:\n    (a) the member:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (c) the member is absent, except on leave of absence, from 3 consecutive meetings of the Board.\n\n> Note: The appointment of a member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 20 Other terms and conditions of members\n\n  A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n### Division 2—Board Procedures\n\n#### 21 Meetings\n\n  (1) The Chair must convene such meetings of the Board as are, in his or her opinion, necessary for the efficient conduct of its affairs.\n  (2) The quorum for a meeting is 9 members.\n  (3) However, if:\n    (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; and\n    (b) when the member leaves the meeting concerned there is no longer a quorum present;\n  those remaining members constitute a quorum for the purposes of any deliberation or decision at that meeting with respect to that matter.\n  (4) A question arising at a meeting of the Board is to be decided by a majority of the votes of the members present and voting.\n  (5) The Chair must preside at all meetings at which he or she is present.\n  (6) If the Chair is not present at a meeting the Deputy Chair, if present, must preside at the meeting.\n  (7) If neither the Chair nor the Deputy Chair is present at a meeting the members present must elect one of their number to preside at the meeting.\n  (8) At a meeting, the presiding member has a deliberative vote and, in the event of an equality of votes, has a casting vote.\n  (9) The Board must keep a record of any decisions made at a meeting.\n  (10) Subject to this Act and the Public Governance, Performance and Accountability Act 2013, the Board may regulate the conduct of its meetings as it thinks fit.\n\n#### 22 Decisions without meetings\n\n  (1) The Board is taken to have made a decision at a meeting if:\n    (a) without a meeting, a majority of the members entitled to vote on the proposed decision indicate agreement with the decision; and\n    (b) that agreement is indicated in accordance with the method determined by the Board under subsection (2); and\n    (c) all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.\n  (2) Subsection (1) applies if the Board:\n    (a) has determined that it may make decisions of that kind without a meeting; and\n    (b) has determined the method by which members are to indicate agreement with proposed decisions.\n  (3) For the purposes of paragraph (1)(a), a member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.\n  (4) The Board must keep a record of decisions made in accordance with this section.\n\n## Part 4—Chief Executive Officer, staff and committees\n\n### Division 1—Chief Executive Officer\n\n#### 23 Establishment\n\n  There is to be a Chief Executive Officer of the Australian Curriculum, Assessment and Reporting Authority.\n\n#### 24 Role\n\n  (1) The CEO is responsible for the day‑to‑day administration of the Australian Curriculum, Assessment and Reporting Authority.\n  (2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her duties.\n  (3) The CEO is to act in accordance with any policies determined, and any directions given, by the Board.\n  (4) All acts and things done in the name of, or on behalf of, the Australian Curriculum, Assessment and Reporting Authority by the CEO, or with the authority of the CEO, are taken to have been done by the Australian Curriculum, Assessment and Reporting Authority.\n  (5) If a function or power of the Australian Curriculum, Assessment and Reporting Authority is dependent on the opinion, belief or state of mind of the Australian Curriculum, Assessment and Reporting Authority in relation to a matter, the function or power may be exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (4) in relation to that matter.\n  (6) If a policy or direction under subsection (3) is in writing, the policy or direction is not a legislative instrument.\n\n#### 25 Appointment\n\n  (1) The CEO is to be appointed by the Board by written instrument after consultation with the Minister.\n\n> Note: The CEO is eligible for reappointment: see section 33AA of the Acts Interpretation Act 1901.\n\n  (2) The CEO holds office on a full‑time basis.\n  (3) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n  (4) The CEO must not be a member of the Board.\n\n#### 26 Acting appointments\n\n  The Board may, after consultation with the Minister, by written instrument appoint a person to act as the CEO:\n    (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the CEO:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 27 Other employment\n\n  (1) The CEO must not engage in paid employment outside the duties of the CEO’s office without the Chair’s approval.\n  (2) The Chair must notify the Minister of any approval given under subsection (1).\n\n#### 28 Remuneration\n\n  (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 29 Leave\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Chair may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Chair determines.\n  (3) The Chair must notify the Minister if the Chair grants to the CEO leave for a period that exceeds one month.\n\n#### 30 Disclosure of interests\n\n  (1) A disclosure by the CEO under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister and the Board.\n  (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n  (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the CEO is taken not to have complied with section 29 of that Act if the CEO does not comply with subsection (1) of this section.\n\n#### 31 Resignation\n\n  (1) The CEO may resign his or her appointment by giving the Chair a written resignation.\n  (2) The resignation takes effect on the day it is received by the Chair or, if a later day is specified in the resignation, on that later day.\n  (3) If the CEO resigns under this section, the Chair must notify the Minister of the resignation.\n\n#### 32 Termination\n\n  (1) The Board may terminate the appointment of the CEO for misbehaviour or physical or mental incapacity.\n  (2) The Board may terminate the appointment of the CEO if the Board is satisfied that the performance of the CEO has been unsatisfactory for a significant period of time.\n  (3) The Board must terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Chair’s approval, in paid employment outside the duties of his or her office; or\n    (d) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n  (4) If the Board terminates the appointment of the CEO, the Board must notify the Minister of the termination.\n\n#### 33 Other terms and conditions\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board.\n\n### Division 2—Staff\n\n#### 34 Staff\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority may employ such persons as it considers necessary for the performance of its functions and the exercise of its powers.\n  (2) An employee is to be employed on the terms and conditions that the Australian Curriculum, Assessment and Reporting Authority determines in writing.\n\n### Division 3—Committees\n\n#### 35 Committees of the Australian Curriculum, Assessment and Reporting Authority\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority may constitute committees for the purpose of assisting it in the performance of its functions.\n  (2) A committee may be constituted:\n    (a) wholly by members of the Board; or\n    (b) wholly by persons who are not members of the Board; or\n    (c) partly by members of the Board and partly by other persons.\n  (3) The Australian Curriculum, Assessment and Reporting Authority may determine:\n    (a) the manner in which a committee is to perform its functions; and\n    (b) the procedure to be followed at or in relation to the meetings of a committee, including matters with respect to:\n    (i) the convening of meetings; and\n    (ii) the number of members of the committee who are to form a quorum; and\n    (iii) the selection of a member of the committee to be the Chair of the committee; and\n    (iv) the manner in which questions arising at a meeting are to be decided.\n  (4) A committee must give the Australian Curriculum, Assessment and Reporting Authority such reports, documents and information in relation to the committee’s functions as the Australian Curriculum, Assessment and Reporting Authority requests.\n\n#### 36 Remuneration of committee members\n\n  (1) If the Board decides that a member of a committee should be remunerated, that member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, that member is to be paid the remuneration that is prescribed by the regulations.\n  (2) A member of a committee is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n## Part 5—Finance\n\n#### 37 Money payable to the Australian Curriculum, Assessment and Reporting Authority\n\n  (1) There is payable to the Australian Curriculum, Assessment and Reporting Authority such money as is appropriated by the Parliament for the purposes of the Australian Curriculum, Assessment and Reporting Authority.\n  (2) The Finance Minister may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to the Australian Curriculum, Assessment and Reporting Authority.\n  (3) If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.\n\n#### 38 Application of money by the Australian Curriculum, Assessment and Reporting Authority\n\n  (1) The money of the Australian Curriculum, Assessment and Reporting Authority consists of:\n    (a) money paid to the Australian Curriculum, Assessment and Reporting Authority under section 37; and\n    (b) any other money paid to the Australian Curriculum, Assessment and Reporting Authority.\n  (2) The money of the Australian Curriculum, Assessment and Reporting Authority is to be applied only:\n    (a) in payment or discharge of the costs, expenses and other obligations incurred or undertaken by the Australian Curriculum, Assessment and Reporting Authority in the performance of its functions and the exercise of its powers; and\n    (b) in payment of any remuneration or allowances payable under this Act.\n  (3) Subsection (2) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Australian Curriculum, Assessment and Reporting Authority.\n\n#### 39 Taxation\n\n  (1) To avoid doubt, for the purposes of section 50‑25 of the Income Tax Assessment Act 1997, the Australian Curriculum, Assessment and Reporting Authority is taken to be a public authority constituted under an Australian law.\n\n> Note: This means the Australian Curriculum, Assessment and Reporting Authority is exempt from income tax.\n\n  (2) The Australian Curriculum, Assessment and Reporting Authority is not subject to taxation under a law of a State or Territory, if the Commonwealth is not subject to the taxation.\n\n## Part 6—Other matters\n\n#### 40 Information collection, use and disclosure\n\n  (1) Personal information must not be collected by the Australian Curriculum, Assessment and Reporting Authority unless the collection is necessary for, and directly related to, any of the following purposes:\n    (a) conducting research relating to the national school curriculum;\n    (b) assisting government to formulate policies in relation to education matters;\n    (c) formulating national reports consisting of aggregated data on school performance.\n  (2) The use of personal information collected by the Australian Curriculum, Assessment and Reporting Authority in accordance with subsection (1) or lawfully disclosed to the Australian Curriculum, Assessment and Reporting Authority is taken to be authorised by this Act for the purposes of Australian Privacy Principle 6 if the use is necessary for, and directly related to, any of the purposes mentioned in that subsection.\n  (3) The disclosure of personal information by the Australian Curriculum, Assessment and Reporting Authority is taken to be authorised by this Act for the purposes of Australian Privacy Principle 6 if:\n    (a) the disclosure is made to a person or body that is prescribed by the regulations; and\n    (b) the disclosure is necessary for, and directly related to, the purposes mentioned in subsection (1).\n\n> Note: Australian Privacy Principle 6 applies to further disclosures of the personal information\n\n#### 41 Delegation\n\n  (1) The Minister may, by writing, delegate any or all of the Minister’s functions or powers under this Act to:\n    (a) the Secretary of the Department; or\n    (b) an SES employee in the Department.\n\n> Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n  (2) In performing functions and exercising powers under the delegation, the delegate must comply with any directions of the Minister.\n\n> Note: See sections 34AA to 34A of the Acts Interpretation Act 1901.\n\n  (3) The Chair may, by writing, delegate any or all of the Chair’s functions or powers to another member of the Board.\n  (4) In performing functions and exercising powers under the delegation, the delegate must comply with any directions of the Chair.\n\n#### 42 How Ministerial Council gives directions etc.\n\n  The Ministerial Council is to give a direction, an approval or a refusal for the purposes of a provision of this Act by resolution of the Council passed in accordance with the procedures determined by the Council.\n\n#### 43 Reporting requirements\n\n  (1) The Chair must prepare and give to the Ministerial Council a report relating to a financial year on or before:\n    (a) 30 September after the end of that year; or\n    (b) if the Minister specifies a later time—that time.\n  (2) The report must include:\n    (a) particulars of the activities of the Australian Curriculum, Assessment and Reporting Authority during that financial year to the extent they relate to the Charter; and\n    (b) if the Ministerial Council gives a direction under subsection 7(1) requiring the report to include any other information relating to the performance of the Australian Curriculum, Assessment and Reporting Authority’s functions—that information.\n  (3) However, information required in a direction under subsection 7(1) must not include any personal information.\n\n#### 43A Corporate plans\n\n  Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the Board.\n\n#### 44 Review of role and functions\n\n  (1) The Minister must cause a review of the Australian Curriculum, Assessment and Reporting Authority’s ongoing role and functions to be conducted.\n  (2) The review must:\n    (a) start 6 years after the commencement of this section; and\n    (b) be completed within 6 months.\n  (3) The Minister must cause a written report about the review to be prepared.\n  (4) The Minister must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the Minister receives the report.\n\n#### 45 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Meetings","content":"#### 21 Meetings\n\n  (1) The Chair must convene such meetings of the Board as are, in his or her opinion, necessary for the efficient conduct of its affairs.\n  (2) The quorum for a meeting is 9 members.\n  (3) However, if:\n    (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; and\n    (b) when the member leaves the meeting concerned there is no longer a quorum present;\n  those remaining members constitute a quorum for the purposes of any deliberation or decision at that meeting with respect to that matter.\n  (4) A question arising at a meeting of the Board is to be decided by a majority of the votes of the members present and voting.\n  (5) The Chair must preside at all meetings at which he or she is present.\n  (6) If the Chair is not present at a meeting the Deputy Chair, if present, must preside at the meeting.\n  (7) If neither the Chair nor the Deputy Chair is present at a meeting the members present must elect one of their number to preside at the meeting.\n  (8) At a meeting, the presiding member has a deliberative vote and, in the event of an equality of votes, has a casting vote.\n  (9) The Board must keep a record of any decisions made at a meeting.\n  (10) Subject to this Act and the Public Governance, Performance and Accountability Act 2013, the Board may regulate the conduct of its meetings as it thinks fit.","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Decisions without meetings","content":"#### 22 Decisions without meetings\n\n  (1) The Board is taken to have made a decision at a meeting if:\n    (a) without a meeting, a majority of the members entitled to vote on the proposed decision indicate agreement with the decision; and\n    (b) that agreement is indicated in accordance with the method determined by the Board under subsection (2); and\n    (c) all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.\n  (2) Subsection (1) applies if the Board:\n    (a) has determined that it may make decisions of that kind without a meeting; and\n    (b) has determined the method by which members are to indicate agreement with proposed decisions.\n  (3) For the purposes of paragraph (1)(a), a member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.\n  (4) The Board must keep a record of decisions made in accordance with this section.","sortOrder":26},{"sectionNumber":"Part 4","sectionType":"part","heading":"Chief Executive Officer, staff and committees","content":"An Act to establish the Australian Curriculum, Assessment and Reporting Authority, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Curriculum, Assessment and Reporting Authority Act 2008.\n\n#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n#### 3 Definitions\n\n  In this Act:\n\n> Australian government body means:\n\n    (a) the Commonwealth, a State or a Territory; or\n    (b) an agency or authority of:\n    (i) the Commonwealth; or\n    (ii) a State; or\n    (iii) a Territory.\n\n> Board means the Board of the Australian Curriculum, Assessment and Reporting Authority.\n\n> CEO means the Chief Executive Officer of the Australian Curriculum, Assessment and Reporting Authority.\n\n> Chair means the Chair of the Board.\n\n> Charter means the charter of the Australian Curriculum, Assessment and Reporting Authority as determined from time to time by the Ministerial Council.\n\n> Deputy Chair means the Deputy Chair of the Board.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> member means a member of the Board and includes the Chair and the Deputy Chair.\n\n> Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to education.\n\n> personal information has the same meaning as in section 6 of the Privacy Act 1988.\n\n> State or Territory Education Minister means the Minister representing the State or Territory concerned on the Ministerial Council.\n\n#### 4 Constitutional operation of this Act\n\n  Without limiting its effect apart from this section, this Act also has the effect it would have if the powers and functions of the Australian Curriculum, Assessment and Reporting Authority were confined to powers and functions that were to be exercised and performed:\n    (a) in so far as it is appropriate for those powers and functions to be exercised and performed by the Australian Curriculum, Assessment and Reporting Authority on behalf of the Government of the Commonwealth as the national Government of Australia; and\n    (b) for purposes for which it is appropriate for the Parliament, as the national Parliament of Australia, to authorise the Australian Curriculum, Assessment and Reporting Authority to exercise powers and perform functions; and\n    (c) in relation to expenditure of money that is available for the purposes of the Australian Curriculum, Assessment and Reporting Authority in accordance with an appropriation made by the Parliament; and\n    (d) for the purposes of providing benefits to students; and\n    (e) in relation to trade and commerce with other countries, among the States, between Territories or between a Territory and a State; and\n    (f) in relation to postal, telegraphic, telephonic, and other like services; and\n    (g) in relation to the collection of statistics; and\n    (h) in relation to external affairs; and\n    (i) in relation to a Territory; and\n    (j) in relation to the executive power of the Commonwealth; and\n    (k) in relation to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.\n\n## Part 2—Australian Curriculum, Assessment and Reporting Authority\n\n#### 5 Establishment\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority is established by this section.\n  (2) The Australian Curriculum, Assessment and Reporting Authority:\n    (a) is a body corporate; and\n    (b) must have a seal; and\n    (c) may acquire, hold and dispose of real and personal property; and\n    (d) may sue and be sued.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Australian Curriculum, Assessment and Reporting Authority. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) The seal of the Australian Curriculum, Assessment and Reporting Authority is to be kept in such custody as the Board directs, and is not to be used except as authorised by the Board.\n  (4) All courts, judges and persons acting judicially must:\n    (a) take judicial notice of the imprint of the seal of the Australian Curriculum, Assessment and Reporting Authority appearing on a document; and\n    (b) presume that the document was duly sealed.\n\n#### 6 Functions\n\n  The functions of the Australian Curriculum, Assessment and Reporting Authority are to:\n    (a) develop and administer a national school curriculum, including content of the curriculum and achievement standards, for school subjects specified in the Charter; and\n    (b) develop and administer national assessments; and\n    (c) collect, manage and analyse student assessment data and other data relating to schools and comparative school performance; and\n    (d) facilitate information sharing arrangements between Australian government bodies in relation to the collection, management and analysis of school data; and\n    (e) publish information relating to school education, including information relating to comparative school performance; and\n    (f) provide school curriculum resource services, educational research services and other related services; and\n    (g) provide information, resources, support and guidance to the teaching profession; and\n    (h) perform such other functions that are conferred on it by, or under, this Act or any other Commonwealth Act; and\n    (i) perform such other functions that are ancillary or incidental to the functions mentioned in the preceding paragraphs.\n\n#### 7 Considerations governing the performance of functions\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority must perform its functions and exercise its powers in accordance with any directions given to it by the Ministerial Council in writing.\n\n> Note: For how directions are given see: section 42\\. For directions relating to reporting requirements see: subsection 43(3).\n\n  (2) Directions under subsection (1) must not be inconsistent with:\n    (a) this Act or the regulations under this Act; or\n    (b) the Public Governance, Performance and Accountability Act 2013, or any rules or other instruments made under that Act.\n  (3) The Australian Curriculum, Assessment and Reporting Authority must also perform its functions and exercise its powers in accordance with the Charter.\n  (4) A direction given by the Ministerial Council under subsection (1) is not a legislative instrument.\n  (5) If the Charter is determined by the Ministerial Council in writing, the Charter is not a legislative instrument.\n\n#### 8 Powers\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n  (2) The Australian Curriculum, Assessment and Reporting Authority’s powers include, but are not limited to, the following powers:\n    (a) to enter into contracts;\n    (b) to accept gifts, devises, bequests and assignments (whether on trust or otherwise);\n    (c) to do anything incidental to any of its functions.\n\n#### 9 Charging of fees\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority may charge fees for things done in performing its functions.\n  (2) A fee must not be such as to amount to taxation.\n\n#### 10 Privileges and immunities of the Crown\n\n  The Australian Curriculum, Assessment and Reporting Authority does not have the privileges and immunities of the Crown in right of the Commonwealth.\n\n## Part 3—The Board of the Australian Curriculum, Assessment and Reporting Authority\n\n### Division 1—The Board\n\n#### 11 Establishment\n\n  The Board of the Australian Curriculum, Assessment and Reporting Authority is established by this section.\n\n#### 12 Role\n\n  (1) The Board is responsible for ensuring the proper and efficient performance of the Australian Curriculum, Assessment and Reporting Authority’s functions.\n  (2) The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its duties.\n  (3) All acts and things done in the name of, or on behalf of, the Australian Curriculum, Assessment and Reporting Authority by the Board, or with the authority of the Board, are taken to have been done by the Australian Curriculum, Assessment and Reporting Authority.\n  (4) If a function or power of the Australian Curriculum, Assessment and Reporting Authority is dependent on the opinion, belief or state of mind of the Australian Curriculum, Assessment and Reporting Authority in relation to a matter, the function or power may be exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (3) in relation to that matter.\n\n#### 13 Membership\n\n  The Board consists of the following members:\n    (a) the Chair of the Board;\n    (b) the Deputy Chair of the Board;\n    (c) one member nominated by the Minister;\n    (d) one member nominated by:\n    (i) the National Catholic Education Commission; or\n    (ii) if the Commission ceases to exist—a similar body prescribed by the regulations for the purposes of this subparagraph;\n    (e) one member nominated by:\n    (i) the Independent Schools Council of Australia; or\n    (ii) if the Council ceases to exist—a similar body prescribed by the regulations for the purposes of this subparagraph;\n    (f) 8 members, each of whom is nominated by a different State or Territory Education Minister.\n\n#### 14 Appointment of members\n\n  (1) A member of the Board is to be appointed by the Minister by written instrument.\n\n> Note: A member of the Board is eligible for re‑appointment: see section 33AA of the Acts Interpretation Act 1901.\n\n  (2) The Minister can only make the appointment if:\n    (a) the Ministerial Council has agreed to the appointment of the person; and\n    (b) the Ministerial Council has agreed that the appointment of the person would ensure that the members of the Board collectively possess an appropriate balance of professional expertise in:\n    (i) matters relating to school curriculum; and\n    (ii) school assessment and data management; and\n    (iii) analysis and reporting in relation to school performance; and\n    (iv) financial and commercial matters in relation to the management of educational organisations; and\n    (v) corporate governance; and\n    (c) if the person is required to be nominated for the appointment as mentioned in paragraph 13(c), (d), (e) or (f)—the person has been so nominated.\n  (3) A member holds office on a part‑time basis.\n  (4) A member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n  (5) A person must not be appointed for a period if the sum of:\n    (a) that period; and\n    (b) any periods of previous appointment of the person as a member;\n  exceeds 6 years.\n\n#### 15 Acting in positions\n\n  (1) The Deputy Chair is to act as the Chair:\n    (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.\n\n  (4) The Minister may, by written instrument, appoint a member to act as the Deputy Chair:\n    (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Deputy Chair:\n    (i) is acting as the Chair; or\n    (ii) is absent from duty or from Australia; or\n    (iii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 16 Remuneration of members\n\n  (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.\n  (2) A member is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 17 Leave of members\n\n  (1) The Minister may grant the Chair leave of absence on the terms and conditions that the Minister determines.\n  (2) The Chair may grant leave of absence to any other member on the terms and conditions that the Chair determines.\n  (3) The Chair must notify the Minister if the Chair grants to a member leave of absence for a period that exceeds 6 months.\n\n#### 18 Resignation of members\n\n  (1) A member may resign his or her appointment by giving the Minister a written resignation.\n  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 19 Termination of appointment\n\n  (1) The Minister may terminate the appointment of a member for misbehaviour or physical or mental incapacity.\n  (2) The Minister must terminate the appointment of a member if:\n    (a) the member:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (c) the member is absent, except on leave of absence, from 3 consecutive meetings of the Board.\n\n> Note: The appointment of a member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 20 Other terms and conditions of members\n\n  A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n### Division 2—Board Procedures\n\n#### 21 Meetings\n\n  (1) The Chair must convene such meetings of the Board as are, in his or her opinion, necessary for the efficient conduct of its affairs.\n  (2) The quorum for a meeting is 9 members.\n  (3) However, if:\n    (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; and\n    (b) when the member leaves the meeting concerned there is no longer a quorum present;\n  those remaining members constitute a quorum for the purposes of any deliberation or decision at that meeting with respect to that matter.\n  (4) A question arising at a meeting of the Board is to be decided by a majority of the votes of the members present and voting.\n  (5) The Chair must preside at all meetings at which he or she is present.\n  (6) If the Chair is not present at a meeting the Deputy Chair, if present, must preside at the meeting.\n  (7) If neither the Chair nor the Deputy Chair is present at a meeting the members present must elect one of their number to preside at the meeting.\n  (8) At a meeting, the presiding member has a deliberative vote and, in the event of an equality of votes, has a casting vote.\n  (9) The Board must keep a record of any decisions made at a meeting.\n  (10) Subject to this Act and the Public Governance, Performance and Accountability Act 2013, the Board may regulate the conduct of its meetings as it thinks fit.\n\n#### 22 Decisions without meetings\n\n  (1) The Board is taken to have made a decision at a meeting if:\n    (a) without a meeting, a majority of the members entitled to vote on the proposed decision indicate agreement with the decision; and\n    (b) that agreement is indicated in accordance with the method determined by the Board under subsection (2); and\n    (c) all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.\n  (2) Subsection (1) applies if the Board:\n    (a) has determined that it may make decisions of that kind without a meeting; and\n    (b) has determined the method by which members are to indicate agreement with proposed decisions.\n  (3) For the purposes of paragraph (1)(a), a member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.\n  (4) The Board must keep a record of decisions made in accordance with this section.\n\n## Part 4—Chief Executive Officer, staff and committees\n\n### Division 1—Chief Executive Officer\n\n#### 23 Establishment\n\n  There is to be a Chief Executive Officer of the Australian Curriculum, Assessment and Reporting Authority.\n\n#### 24 Role\n\n  (1) The CEO is responsible for the day‑to‑day administration of the Australian Curriculum, Assessment and Reporting Authority.\n  (2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her duties.\n  (3) The CEO is to act in accordance with any policies determined, and any directions given, by the Board.\n  (4) All acts and things done in the name of, or on behalf of, the Australian Curriculum, Assessment and Reporting Authority by the CEO, or with the authority of the CEO, are taken to have been done by the Australian Curriculum, Assessment and Reporting Authority.\n  (5) If a function or power of the Australian Curriculum, Assessment and Reporting Authority is dependent on the opinion, belief or state of mind of the Australian Curriculum, Assessment and Reporting Authority in relation to a matter, the function or power may be exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (4) in relation to that matter.\n  (6) If a policy or direction under subsection (3) is in writing, the policy or direction is not a legislative instrument.\n\n#### 25 Appointment\n\n  (1) The CEO is to be appointed by the Board by written instrument after consultation with the Minister.\n\n> Note: The CEO is eligible for reappointment: see section 33AA of the Acts Interpretation Act 1901.\n\n  (2) The CEO holds office on a full‑time basis.\n  (3) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n  (4) The CEO must not be a member of the Board.\n\n#### 26 Acting appointments\n\n  The Board may, after consultation with the Minister, by written instrument appoint a person to act as the CEO:\n    (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the CEO:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 27 Other employment\n\n  (1) The CEO must not engage in paid employment outside the duties of the CEO’s office without the Chair’s approval.\n  (2) The Chair must notify the Minister of any approval given under subsection (1).\n\n#### 28 Remuneration\n\n  (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 29 Leave\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Chair may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Chair determines.\n  (3) The Chair must notify the Minister if the Chair grants to the CEO leave for a period that exceeds one month.\n\n#### 30 Disclosure of interests\n\n  (1) A disclosure by the CEO under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister and the Board.\n  (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n  (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the CEO is taken not to have complied with section 29 of that Act if the CEO does not comply with subsection (1) of this section.\n\n#### 31 Resignation\n\n  (1) The CEO may resign his or her appointment by giving the Chair a written resignation.\n  (2) The resignation takes effect on the day it is received by the Chair or, if a later day is specified in the resignation, on that later day.\n  (3) If the CEO resigns under this section, the Chair must notify the Minister of the resignation.\n\n#### 32 Termination\n\n  (1) The Board may terminate the appointment of the CEO for misbehaviour or physical or mental incapacity.\n  (2) The Board may terminate the appointment of the CEO if the Board is satisfied that the performance of the CEO has been unsatisfactory for a significant period of time.\n  (3) The Board must terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Chair’s approval, in paid employment outside the duties of his or her office; or\n    (d) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n  (4) If the Board terminates the appointment of the CEO, the Board must notify the Minister of the termination.\n\n#### 33 Other terms and conditions\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board.\n\n### Division 2—Staff\n\n#### 34 Staff\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority may employ such persons as it considers necessary for the performance of its functions and the exercise of its powers.\n  (2) An employee is to be employed on the terms and conditions that the Australian Curriculum, Assessment and Reporting Authority determines in writing.\n\n### Division 3—Committees\n\n#### 35 Committees of the Australian Curriculum, Assessment and Reporting Authority\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority may constitute committees for the purpose of assisting it in the performance of its functions.\n  (2) A committee may be constituted:\n    (a) wholly by members of the Board; or\n    (b) wholly by persons who are not members of the Board; or\n    (c) partly by members of the Board and partly by other persons.\n  (3) The Australian Curriculum, Assessment and Reporting Authority may determine:\n    (a) the manner in which a committee is to perform its functions; and\n    (b) the procedure to be followed at or in relation to the meetings of a committee, including matters with respect to:\n    (i) the convening of meetings; and\n    (ii) the number of members of the committee who are to form a quorum; and\n    (iii) the selection of a member of the committee to be the Chair of the committee; and\n    (iv) the manner in which questions arising at a meeting are to be decided.\n  (4) A committee must give the Australian Curriculum, Assessment and Reporting Authority such reports, documents and information in relation to the committee’s functions as the Australian Curriculum, Assessment and Reporting Authority requests.\n\n#### 36 Remuneration of committee members\n\n  (1) If the Board decides that a member of a committee should be remunerated, that member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, that member is to be paid the remuneration that is prescribed by the regulations.\n  (2) A member of a committee is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n## Part 5—Finance\n\n#### 37 Money payable to the Australian Curriculum, Assessment and Reporting Authority\n\n  (1) There is payable to the Australian Curriculum, Assessment and Reporting Authority such money as is appropriated by the Parliament for the purposes of the Australian Curriculum, Assessment and Reporting Authority.\n  (2) The Finance Minister may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to the Australian Curriculum, Assessment and Reporting Authority.\n  (3) If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.\n\n#### 38 Application of money by the Australian Curriculum, Assessment and Reporting Authority\n\n  (1) The money of the Australian Curriculum, Assessment and Reporting Authority consists of:\n    (a) money paid to the Australian Curriculum, Assessment and Reporting Authority under section 37; and\n    (b) any other money paid to the Australian Curriculum, Assessment and Reporting Authority.\n  (2) The money of the Australian Curriculum, Assessment and Reporting Authority is to be applied only:\n    (a) in payment or discharge of the costs, expenses and other obligations incurred or undertaken by the Australian Curriculum, Assessment and Reporting Authority in the performance of its functions and the exercise of its powers; and\n    (b) in payment of any remuneration or allowances payable under this Act.\n  (3) Subsection (2) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Australian Curriculum, Assessment and Reporting Authority.\n\n#### 39 Taxation\n\n  (1) To avoid doubt, for the purposes of section 50‑25 of the Income Tax Assessment Act 1997, the Australian Curriculum, Assessment and Reporting Authority is taken to be a public authority constituted under an Australian law.\n\n> Note: This means the Australian Curriculum, Assessment and Reporting Authority is exempt from income tax.\n\n  (2) The Australian Curriculum, Assessment and Reporting Authority is not subject to taxation under a law of a State or Territory, if the Commonwealth is not subject to the taxation.\n\n## Part 6—Other matters\n\n#### 40 Information collection, use and disclosure\n\n  (1) Personal information must not be collected by the Australian Curriculum, Assessment and Reporting Authority unless the collection is necessary for, and directly related to, any of the following purposes:\n    (a) conducting research relating to the national school curriculum;\n    (b) assisting government to formulate policies in relation to education matters;\n    (c) formulating national reports consisting of aggregated data on school performance.\n  (2) The use of personal information collected by the Australian Curriculum, Assessment and Reporting Authority in accordance with subsection (1) or lawfully disclosed to the Australian Curriculum, Assessment and Reporting Authority is taken to be authorised by this Act for the purposes of Australian Privacy Principle 6 if the use is necessary for, and directly related to, any of the purposes mentioned in that subsection.\n  (3) The disclosure of personal information by the Australian Curriculum, Assessment and Reporting Authority is taken to be authorised by this Act for the purposes of Australian Privacy Principle 6 if:\n    (a) the disclosure is made to a person or body that is prescribed by the regulations; and\n    (b) the disclosure is necessary for, and directly related to, the purposes mentioned in subsection (1).\n\n> Note: Australian Privacy Principle 6 applies to further disclosures of the personal information\n\n#### 41 Delegation\n\n  (1) The Minister may, by writing, delegate any or all of the Minister’s functions or powers under this Act to:\n    (a) the Secretary of the Department; or\n    (b) an SES employee in the Department.\n\n> Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n  (2) In performing functions and exercising powers under the delegation, the delegate must comply with any directions of the Minister.\n\n> Note: See sections 34AA to 34A of the Acts Interpretation Act 1901.\n\n  (3) The Chair may, by writing, delegate any or all of the Chair’s functions or powers to another member of the Board.\n  (4) In performing functions and exercising powers under the delegation, the delegate must comply with any directions of the Chair.\n\n#### 42 How Ministerial Council gives directions etc.\n\n  The Ministerial Council is to give a direction, an approval or a refusal for the purposes of a provision of this Act by resolution of the Council passed in accordance with the procedures determined by the Council.\n\n#### 43 Reporting requirements\n\n  (1) The Chair must prepare and give to the Ministerial Council a report relating to a financial year on or before:\n    (a) 30 September after the end of that year; or\n    (b) if the Minister specifies a later time—that time.\n  (2) The report must include:\n    (a) particulars of the activities of the Australian Curriculum, Assessment and Reporting Authority during that financial year to the extent they relate to the Charter; and\n    (b) if the Ministerial Council gives a direction under subsection 7(1) requiring the report to include any other information relating to the performance of the Australian Curriculum, Assessment and Reporting Authority’s functions—that information.\n  (3) However, information required in a direction under subsection 7(1) must not include any personal information.\n\n#### 43A Corporate plans\n\n  Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the Board.\n\n#### 44 Review of role and functions\n\n  (1) The Minister must cause a review of the Australian Curriculum, Assessment and Reporting Authority’s ongoing role and functions to be conducted.\n  (2) The review must:\n    (a) start 6 years after the commencement of this section; and\n    (b) be completed within 6 months.\n  (3) The Minister must cause a written report about the review to be prepared.\n  (4) The Minister must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the Minister receives the report.\n\n#### 45 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Establishment","content":"#### 23 Establishment\n\n  There is to be a Chief Executive Officer of the Australian Curriculum, Assessment and Reporting Authority.","sortOrder":29},{"sectionNumber":"24","sectionType":"section","heading":"Role","content":"#### 24 Role\n\n  (1) The CEO is responsible for the day‑to‑day administration of the Australian Curriculum, Assessment and Reporting Authority.\n  (2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her duties.\n  (3) The CEO is to act in accordance with any policies determined, and any directions given, by the Board.\n  (4) All acts and things done in the name of, or on behalf of, the Australian Curriculum, Assessment and Reporting Authority by the CEO, or with the authority of the CEO, are taken to have been done by the Australian Curriculum, Assessment and Reporting Authority.\n  (5) If a function or power of the Australian Curriculum, Assessment and Reporting Authority is dependent on the opinion, belief or state of mind of the Australian Curriculum, Assessment and Reporting Authority in relation to a matter, the function or power may be exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (4) in relation to that matter.\n  (6) If a policy or direction under subsection (3) is in writing, the policy or direction is not a legislative instrument.","sortOrder":30},{"sectionNumber":"25","sectionType":"section","heading":"Appointment","content":"#### 25 Appointment\n\n  (1) The CEO is to be appointed by the Board by written instrument after consultation with the Minister.\n\n> Note: The CEO is eligible for reappointment: see section 33AA of the Acts Interpretation Act 1901.\n\n  (2) The CEO holds office on a full‑time basis.\n  (3) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n  (4) The CEO must not be a member of the Board.","sortOrder":31},{"sectionNumber":"26","sectionType":"section","heading":"Acting appointments","content":"#### 26 Acting appointments\n\n  The Board may, after consultation with the Minister, by written instrument appoint a person to act as the CEO:\n    (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the CEO:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.","sortOrder":32},{"sectionNumber":"27","sectionType":"section","heading":"Other employment","content":"#### 27 Other employment\n\n  (1) The CEO must not engage in paid employment outside the duties of the CEO’s office without the Chair’s approval.\n  (2) The Chair must notify the Minister of any approval given under subsection (1).","sortOrder":33},{"sectionNumber":"28","sectionType":"section","heading":"Remuneration","content":"#### 28 Remuneration\n\n  (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":34},{"sectionNumber":"29","sectionType":"section","heading":"Leave","content":"#### 29 Leave\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Chair may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Chair determines.\n  (3) The Chair must notify the Minister if the Chair grants to the CEO leave for a period that exceeds one month.","sortOrder":35},{"sectionNumber":"30","sectionType":"section","heading":"Disclosure of interests","content":"#### 30 Disclosure of interests\n\n  (1) A disclosure by the CEO under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister and the Board.\n  (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n  (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the CEO is taken not to have complied with section 29 of that Act if the CEO does not comply with subsection (1) of this section.","sortOrder":36},{"sectionNumber":"31","sectionType":"section","heading":"Resignation","content":"#### 31 Resignation\n\n  (1) The CEO may resign his or her appointment by giving the Chair a written resignation.\n  (2) The resignation takes effect on the day it is received by the Chair or, if a later day is specified in the resignation, on that later day.\n  (3) If the CEO resigns under this section, the Chair must notify the Minister of the resignation.","sortOrder":37},{"sectionNumber":"32","sectionType":"section","heading":"Termination","content":"#### 32 Termination\n\n  (1) The Board may terminate the appointment of the CEO for misbehaviour or physical or mental incapacity.\n  (2) The Board may terminate the appointment of the CEO if the Board is satisfied that the performance of the CEO has been unsatisfactory for a significant period of time.\n  (3) The Board must terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Chair’s approval, in paid employment outside the duties of his or her office; or\n    (d) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n  (4) If the Board terminates the appointment of the CEO, the Board must notify the Minister of the termination.","sortOrder":38},{"sectionNumber":"33","sectionType":"section","heading":"Other terms and conditions","content":"#### 33 Other terms and conditions\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board.","sortOrder":39},{"sectionNumber":"34","sectionType":"section","heading":"Staff","content":"#### 34 Staff\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority may employ such persons as it considers necessary for the performance of its functions and the exercise of its powers.\n  (2) An employee is to be employed on the terms and conditions that the Australian Curriculum, Assessment and Reporting Authority determines in writing.","sortOrder":41},{"sectionNumber":"Division 3","sectionType":"division","heading":"Committees","content":"An Act to establish the Australian Curriculum, Assessment and Reporting Authority, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Curriculum, Assessment and Reporting Authority Act 2008.\n\n#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n#### 3 Definitions\n\n  In this Act:\n\n> Australian government body means:\n\n    (a) the Commonwealth, a State or a Territory; or\n    (b) an agency or authority of:\n    (i) the Commonwealth; or\n    (ii) a State; or\n    (iii) a Territory.\n\n> Board means the Board of the Australian Curriculum, Assessment and Reporting Authority.\n\n> CEO means the Chief Executive Officer of the Australian Curriculum, Assessment and Reporting Authority.\n\n> Chair means the Chair of the Board.\n\n> Charter means the charter of the Australian Curriculum, Assessment and Reporting Authority as determined from time to time by the Ministerial Council.\n\n> Deputy Chair means the Deputy Chair of the Board.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> member means a member of the Board and includes the Chair and the Deputy Chair.\n\n> Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to education.\n\n> personal information has the same meaning as in section 6 of the Privacy Act 1988.\n\n> State or Territory Education Minister means the Minister representing the State or Territory concerned on the Ministerial Council.\n\n#### 4 Constitutional operation of this Act\n\n  Without limiting its effect apart from this section, this Act also has the effect it would have if the powers and functions of the Australian Curriculum, Assessment and Reporting Authority were confined to powers and functions that were to be exercised and performed:\n    (a) in so far as it is appropriate for those powers and functions to be exercised and performed by the Australian Curriculum, Assessment and Reporting Authority on behalf of the Government of the Commonwealth as the national Government of Australia; and\n    (b) for purposes for which it is appropriate for the Parliament, as the national Parliament of Australia, to authorise the Australian Curriculum, Assessment and Reporting Authority to exercise powers and perform functions; and\n    (c) in relation to expenditure of money that is available for the purposes of the Australian Curriculum, Assessment and Reporting Authority in accordance with an appropriation made by the Parliament; and\n    (d) for the purposes of providing benefits to students; and\n    (e) in relation to trade and commerce with other countries, among the States, between Territories or between a Territory and a State; and\n    (f) in relation to postal, telegraphic, telephonic, and other like services; and\n    (g) in relation to the collection of statistics; and\n    (h) in relation to external affairs; and\n    (i) in relation to a Territory; and\n    (j) in relation to the executive power of the Commonwealth; and\n    (k) in relation to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.\n\n## Part 2—Australian Curriculum, Assessment and Reporting Authority\n\n#### 5 Establishment\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority is established by this section.\n  (2) The Australian Curriculum, Assessment and Reporting Authority:\n    (a) is a body corporate; and\n    (b) must have a seal; and\n    (c) may acquire, hold and dispose of real and personal property; and\n    (d) may sue and be sued.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Australian Curriculum, Assessment and Reporting Authority. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) The seal of the Australian Curriculum, Assessment and Reporting Authority is to be kept in such custody as the Board directs, and is not to be used except as authorised by the Board.\n  (4) All courts, judges and persons acting judicially must:\n    (a) take judicial notice of the imprint of the seal of the Australian Curriculum, Assessment and Reporting Authority appearing on a document; and\n    (b) presume that the document was duly sealed.\n\n#### 6 Functions\n\n  The functions of the Australian Curriculum, Assessment and Reporting Authority are to:\n    (a) develop and administer a national school curriculum, including content of the curriculum and achievement standards, for school subjects specified in the Charter; and\n    (b) develop and administer national assessments; and\n    (c) collect, manage and analyse student assessment data and other data relating to schools and comparative school performance; and\n    (d) facilitate information sharing arrangements between Australian government bodies in relation to the collection, management and analysis of school data; and\n    (e) publish information relating to school education, including information relating to comparative school performance; and\n    (f) provide school curriculum resource services, educational research services and other related services; and\n    (g) provide information, resources, support and guidance to the teaching profession; and\n    (h) perform such other functions that are conferred on it by, or under, this Act or any other Commonwealth Act; and\n    (i) perform such other functions that are ancillary or incidental to the functions mentioned in the preceding paragraphs.\n\n#### 7 Considerations governing the performance of functions\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority must perform its functions and exercise its powers in accordance with any directions given to it by the Ministerial Council in writing.\n\n> Note: For how directions are given see: section 42\\. For directions relating to reporting requirements see: subsection 43(3).\n\n  (2) Directions under subsection (1) must not be inconsistent with:\n    (a) this Act or the regulations under this Act; or\n    (b) the Public Governance, Performance and Accountability Act 2013, or any rules or other instruments made under that Act.\n  (3) The Australian Curriculum, Assessment and Reporting Authority must also perform its functions and exercise its powers in accordance with the Charter.\n  (4) A direction given by the Ministerial Council under subsection (1) is not a legislative instrument.\n  (5) If the Charter is determined by the Ministerial Council in writing, the Charter is not a legislative instrument.\n\n#### 8 Powers\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n  (2) The Australian Curriculum, Assessment and Reporting Authority’s powers include, but are not limited to, the following powers:\n    (a) to enter into contracts;\n    (b) to accept gifts, devises, bequests and assignments (whether on trust or otherwise);\n    (c) to do anything incidental to any of its functions.\n\n#### 9 Charging of fees\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority may charge fees for things done in performing its functions.\n  (2) A fee must not be such as to amount to taxation.\n\n#### 10 Privileges and immunities of the Crown\n\n  The Australian Curriculum, Assessment and Reporting Authority does not have the privileges and immunities of the Crown in right of the Commonwealth.\n\n## Part 3—The Board of the Australian Curriculum, Assessment and Reporting Authority\n\n### Division 1—The Board\n\n#### 11 Establishment\n\n  The Board of the Australian Curriculum, Assessment and Reporting Authority is established by this section.\n\n#### 12 Role\n\n  (1) The Board is responsible for ensuring the proper and efficient performance of the Australian Curriculum, Assessment and Reporting Authority’s functions.\n  (2) The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its duties.\n  (3) All acts and things done in the name of, or on behalf of, the Australian Curriculum, Assessment and Reporting Authority by the Board, or with the authority of the Board, are taken to have been done by the Australian Curriculum, Assessment and Reporting Authority.\n  (4) If a function or power of the Australian Curriculum, Assessment and Reporting Authority is dependent on the opinion, belief or state of mind of the Australian Curriculum, Assessment and Reporting Authority in relation to a matter, the function or power may be exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (3) in relation to that matter.\n\n#### 13 Membership\n\n  The Board consists of the following members:\n    (a) the Chair of the Board;\n    (b) the Deputy Chair of the Board;\n    (c) one member nominated by the Minister;\n    (d) one member nominated by:\n    (i) the National Catholic Education Commission; or\n    (ii) if the Commission ceases to exist—a similar body prescribed by the regulations for the purposes of this subparagraph;\n    (e) one member nominated by:\n    (i) the Independent Schools Council of Australia; or\n    (ii) if the Council ceases to exist—a similar body prescribed by the regulations for the purposes of this subparagraph;\n    (f) 8 members, each of whom is nominated by a different State or Territory Education Minister.\n\n#### 14 Appointment of members\n\n  (1) A member of the Board is to be appointed by the Minister by written instrument.\n\n> Note: A member of the Board is eligible for re‑appointment: see section 33AA of the Acts Interpretation Act 1901.\n\n  (2) The Minister can only make the appointment if:\n    (a) the Ministerial Council has agreed to the appointment of the person; and\n    (b) the Ministerial Council has agreed that the appointment of the person would ensure that the members of the Board collectively possess an appropriate balance of professional expertise in:\n    (i) matters relating to school curriculum; and\n    (ii) school assessment and data management; and\n    (iii) analysis and reporting in relation to school performance; and\n    (iv) financial and commercial matters in relation to the management of educational organisations; and\n    (v) corporate governance; and\n    (c) if the person is required to be nominated for the appointment as mentioned in paragraph 13(c), (d), (e) or (f)—the person has been so nominated.\n  (3) A member holds office on a part‑time basis.\n  (4) A member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n  (5) A person must not be appointed for a period if the sum of:\n    (a) that period; and\n    (b) any periods of previous appointment of the person as a member;\n  exceeds 6 years.\n\n#### 15 Acting in positions\n\n  (1) The Deputy Chair is to act as the Chair:\n    (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.\n\n  (4) The Minister may, by written instrument, appoint a member to act as the Deputy Chair:\n    (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Deputy Chair:\n    (i) is acting as the Chair; or\n    (ii) is absent from duty or from Australia; or\n    (iii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 16 Remuneration of members\n\n  (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.\n  (2) A member is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 17 Leave of members\n\n  (1) The Minister may grant the Chair leave of absence on the terms and conditions that the Minister determines.\n  (2) The Chair may grant leave of absence to any other member on the terms and conditions that the Chair determines.\n  (3) The Chair must notify the Minister if the Chair grants to a member leave of absence for a period that exceeds 6 months.\n\n#### 18 Resignation of members\n\n  (1) A member may resign his or her appointment by giving the Minister a written resignation.\n  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 19 Termination of appointment\n\n  (1) The Minister may terminate the appointment of a member for misbehaviour or physical or mental incapacity.\n  (2) The Minister must terminate the appointment of a member if:\n    (a) the member:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (c) the member is absent, except on leave of absence, from 3 consecutive meetings of the Board.\n\n> Note: The appointment of a member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 20 Other terms and conditions of members\n\n  A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n### Division 2—Board Procedures\n\n#### 21 Meetings\n\n  (1) The Chair must convene such meetings of the Board as are, in his or her opinion, necessary for the efficient conduct of its affairs.\n  (2) The quorum for a meeting is 9 members.\n  (3) However, if:\n    (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; and\n    (b) when the member leaves the meeting concerned there is no longer a quorum present;\n  those remaining members constitute a quorum for the purposes of any deliberation or decision at that meeting with respect to that matter.\n  (4) A question arising at a meeting of the Board is to be decided by a majority of the votes of the members present and voting.\n  (5) The Chair must preside at all meetings at which he or she is present.\n  (6) If the Chair is not present at a meeting the Deputy Chair, if present, must preside at the meeting.\n  (7) If neither the Chair nor the Deputy Chair is present at a meeting the members present must elect one of their number to preside at the meeting.\n  (8) At a meeting, the presiding member has a deliberative vote and, in the event of an equality of votes, has a casting vote.\n  (9) The Board must keep a record of any decisions made at a meeting.\n  (10) Subject to this Act and the Public Governance, Performance and Accountability Act 2013, the Board may regulate the conduct of its meetings as it thinks fit.\n\n#### 22 Decisions without meetings\n\n  (1) The Board is taken to have made a decision at a meeting if:\n    (a) without a meeting, a majority of the members entitled to vote on the proposed decision indicate agreement with the decision; and\n    (b) that agreement is indicated in accordance with the method determined by the Board under subsection (2); and\n    (c) all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.\n  (2) Subsection (1) applies if the Board:\n    (a) has determined that it may make decisions of that kind without a meeting; and\n    (b) has determined the method by which members are to indicate agreement with proposed decisions.\n  (3) For the purposes of paragraph (1)(a), a member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.\n  (4) The Board must keep a record of decisions made in accordance with this section.\n\n## Part 4—Chief Executive Officer, staff and committees\n\n### Division 1—Chief Executive Officer\n\n#### 23 Establishment\n\n  There is to be a Chief Executive Officer of the Australian Curriculum, Assessment and Reporting Authority.\n\n#### 24 Role\n\n  (1) The CEO is responsible for the day‑to‑day administration of the Australian Curriculum, Assessment and Reporting Authority.\n  (2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her duties.\n  (3) The CEO is to act in accordance with any policies determined, and any directions given, by the Board.\n  (4) All acts and things done in the name of, or on behalf of, the Australian Curriculum, Assessment and Reporting Authority by the CEO, or with the authority of the CEO, are taken to have been done by the Australian Curriculum, Assessment and Reporting Authority.\n  (5) If a function or power of the Australian Curriculum, Assessment and Reporting Authority is dependent on the opinion, belief or state of mind of the Australian Curriculum, Assessment and Reporting Authority in relation to a matter, the function or power may be exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (4) in relation to that matter.\n  (6) If a policy or direction under subsection (3) is in writing, the policy or direction is not a legislative instrument.\n\n#### 25 Appointment\n\n  (1) The CEO is to be appointed by the Board by written instrument after consultation with the Minister.\n\n> Note: The CEO is eligible for reappointment: see section 33AA of the Acts Interpretation Act 1901.\n\n  (2) The CEO holds office on a full‑time basis.\n  (3) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n  (4) The CEO must not be a member of the Board.\n\n#### 26 Acting appointments\n\n  The Board may, after consultation with the Minister, by written instrument appoint a person to act as the CEO:\n    (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the CEO:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 27 Other employment\n\n  (1) The CEO must not engage in paid employment outside the duties of the CEO’s office without the Chair’s approval.\n  (2) The Chair must notify the Minister of any approval given under subsection (1).\n\n#### 28 Remuneration\n\n  (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 29 Leave\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Chair may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Chair determines.\n  (3) The Chair must notify the Minister if the Chair grants to the CEO leave for a period that exceeds one month.\n\n#### 30 Disclosure of interests\n\n  (1) A disclosure by the CEO under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister and the Board.\n  (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n  (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the CEO is taken not to have complied with section 29 of that Act if the CEO does not comply with subsection (1) of this section.\n\n#### 31 Resignation\n\n  (1) The CEO may resign his or her appointment by giving the Chair a written resignation.\n  (2) The resignation takes effect on the day it is received by the Chair or, if a later day is specified in the resignation, on that later day.\n  (3) If the CEO resigns under this section, the Chair must notify the Minister of the resignation.\n\n#### 32 Termination\n\n  (1) The Board may terminate the appointment of the CEO for misbehaviour or physical or mental incapacity.\n  (2) The Board may terminate the appointment of the CEO if the Board is satisfied that the performance of the CEO has been unsatisfactory for a significant period of time.\n  (3) The Board must terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Chair’s approval, in paid employment outside the duties of his or her office; or\n    (d) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n  (4) If the Board terminates the appointment of the CEO, the Board must notify the Minister of the termination.\n\n#### 33 Other terms and conditions\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board.\n\n### Division 2—Staff\n\n#### 34 Staff\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority may employ such persons as it considers necessary for the performance of its functions and the exercise of its powers.\n  (2) An employee is to be employed on the terms and conditions that the Australian Curriculum, Assessment and Reporting Authority determines in writing.\n\n### Division 3—Committees\n\n#### 35 Committees of the Australian Curriculum, Assessment and Reporting Authority\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority may constitute committees for the purpose of assisting it in the performance of its functions.\n  (2) A committee may be constituted:\n    (a) wholly by members of the Board; or\n    (b) wholly by persons who are not members of the Board; or\n    (c) partly by members of the Board and partly by other persons.\n  (3) The Australian Curriculum, Assessment and Reporting Authority may determine:\n    (a) the manner in which a committee is to perform its functions; and\n    (b) the procedure to be followed at or in relation to the meetings of a committee, including matters with respect to:\n    (i) the convening of meetings; and\n    (ii) the number of members of the committee who are to form a quorum; and\n    (iii) the selection of a member of the committee to be the Chair of the committee; and\n    (iv) the manner in which questions arising at a meeting are to be decided.\n  (4) A committee must give the Australian Curriculum, Assessment and Reporting Authority such reports, documents and information in relation to the committee’s functions as the Australian Curriculum, Assessment and Reporting Authority requests.\n\n#### 36 Remuneration of committee members\n\n  (1) If the Board decides that a member of a committee should be remunerated, that member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, that member is to be paid the remuneration that is prescribed by the regulations.\n  (2) A member of a committee is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n## Part 5—Finance\n\n#### 37 Money payable to the Australian Curriculum, Assessment and Reporting Authority\n\n  (1) There is payable to the Australian Curriculum, Assessment and Reporting Authority such money as is appropriated by the Parliament for the purposes of the Australian Curriculum, Assessment and Reporting Authority.\n  (2) The Finance Minister may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to the Australian Curriculum, Assessment and Reporting Authority.\n  (3) If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.\n\n#### 38 Application of money by the Australian Curriculum, Assessment and Reporting Authority\n\n  (1) The money of the Australian Curriculum, Assessment and Reporting Authority consists of:\n    (a) money paid to the Australian Curriculum, Assessment and Reporting Authority under section 37; and\n    (b) any other money paid to the Australian Curriculum, Assessment and Reporting Authority.\n  (2) The money of the Australian Curriculum, Assessment and Reporting Authority is to be applied only:\n    (a) in payment or discharge of the costs, expenses and other obligations incurred or undertaken by the Australian Curriculum, Assessment and Reporting Authority in the performance of its functions and the exercise of its powers; and\n    (b) in payment of any remuneration or allowances payable under this Act.\n  (3) Subsection (2) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Australian Curriculum, Assessment and Reporting Authority.\n\n#### 39 Taxation\n\n  (1) To avoid doubt, for the purposes of section 50‑25 of the Income Tax Assessment Act 1997, the Australian Curriculum, Assessment and Reporting Authority is taken to be a public authority constituted under an Australian law.\n\n> Note: This means the Australian Curriculum, Assessment and Reporting Authority is exempt from income tax.\n\n  (2) The Australian Curriculum, Assessment and Reporting Authority is not subject to taxation under a law of a State or Territory, if the Commonwealth is not subject to the taxation.\n\n## Part 6—Other matters\n\n#### 40 Information collection, use and disclosure\n\n  (1) Personal information must not be collected by the Australian Curriculum, Assessment and Reporting Authority unless the collection is necessary for, and directly related to, any of the following purposes:\n    (a) conducting research relating to the national school curriculum;\n    (b) assisting government to formulate policies in relation to education matters;\n    (c) formulating national reports consisting of aggregated data on school performance.\n  (2) The use of personal information collected by the Australian Curriculum, Assessment and Reporting Authority in accordance with subsection (1) or lawfully disclosed to the Australian Curriculum, Assessment and Reporting Authority is taken to be authorised by this Act for the purposes of Australian Privacy Principle 6 if the use is necessary for, and directly related to, any of the purposes mentioned in that subsection.\n  (3) The disclosure of personal information by the Australian Curriculum, Assessment and Reporting Authority is taken to be authorised by this Act for the purposes of Australian Privacy Principle 6 if:\n    (a) the disclosure is made to a person or body that is prescribed by the regulations; and\n    (b) the disclosure is necessary for, and directly related to, the purposes mentioned in subsection (1).\n\n> Note: Australian Privacy Principle 6 applies to further disclosures of the personal information\n\n#### 41 Delegation\n\n  (1) The Minister may, by writing, delegate any or all of the Minister’s functions or powers under this Act to:\n    (a) the Secretary of the Department; or\n    (b) an SES employee in the Department.\n\n> Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n  (2) In performing functions and exercising powers under the delegation, the delegate must comply with any directions of the Minister.\n\n> Note: See sections 34AA to 34A of the Acts Interpretation Act 1901.\n\n  (3) The Chair may, by writing, delegate any or all of the Chair’s functions or powers to another member of the Board.\n  (4) In performing functions and exercising powers under the delegation, the delegate must comply with any directions of the Chair.\n\n#### 42 How Ministerial Council gives directions etc.\n\n  The Ministerial Council is to give a direction, an approval or a refusal for the purposes of a provision of this Act by resolution of the Council passed in accordance with the procedures determined by the Council.\n\n#### 43 Reporting requirements\n\n  (1) The Chair must prepare and give to the Ministerial Council a report relating to a financial year on or before:\n    (a) 30 September after the end of that year; or\n    (b) if the Minister specifies a later time—that time.\n  (2) The report must include:\n    (a) particulars of the activities of the Australian Curriculum, Assessment and Reporting Authority during that financial year to the extent they relate to the Charter; and\n    (b) if the Ministerial Council gives a direction under subsection 7(1) requiring the report to include any other information relating to the performance of the Australian Curriculum, Assessment and Reporting Authority’s functions—that information.\n  (3) However, information required in a direction under subsection 7(1) must not include any personal information.\n\n#### 43A Corporate plans\n\n  Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the Board.\n\n#### 44 Review of role and functions\n\n  (1) The Minister must cause a review of the Australian Curriculum, Assessment and Reporting Authority’s ongoing role and functions to be conducted.\n  (2) The review must:\n    (a) start 6 years after the commencement of this section; and\n    (b) be completed within 6 months.\n  (3) The Minister must cause a written report about the review to be prepared.\n  (4) The Minister must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the Minister receives the report.\n\n#### 45 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":42},{"sectionNumber":"35","sectionType":"section","heading":"Committees of the Australian Curriculum, Assessment and Reporting Authority","content":"#### 35 Committees of the Australian Curriculum, Assessment and Reporting Authority\n\n  (1) The Australian Curriculum, Assessment and Reporting Authority may constitute committees for the purpose of assisting it in the performance of its functions.\n  (2) A committee may be constituted:\n    (a) wholly by members of the Board; or\n    (b) wholly by persons who are not members of the Board; or\n    (c) partly by members of the Board and partly by other persons.\n  (3) The Australian Curriculum, Assessment and Reporting Authority may determine:\n    (a) the manner in which a committee is to perform its functions; and\n    (b) the procedure to be followed at or in relation to the meetings of a committee, including matters with respect to:\n    (i) the convening of meetings; and\n    (ii) the number of members of the committee who are to form a quorum; and\n    (iii) the selection of a member of the committee to be the Chair of the committee; and\n    (iv) the manner in which questions arising at a meeting are to be decided.\n  (4) A committee must give the Australian Curriculum, Assessment and Reporting Authority such reports, documents and information in relation to the committee’s functions as the Australian Curriculum, Assessment and Reporting Authority requests.","sortOrder":43},{"sectionNumber":"36","sectionType":"section","heading":"Remuneration of committee members","content":"#### 36 Remuneration of committee members\n\n  (1) If the Board decides that a member of a committee should be remunerated, that member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, that member is to be paid the remuneration that is prescribed by the regulations.\n  (2) A member of a committee is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":44},{"sectionNumber":"Part 5","sectionType":"part","heading":"Finance","content":"## Part 5—Finance","sortOrder":45},{"sectionNumber":"37","sectionType":"section","heading":"Money payable to the Australian Curriculum, Assessment and Reporting Authority","content":"#### 37 Money payable to the Australian Curriculum, Assessment and Reporting Authority\n\n  (1) There is payable to the Australian Curriculum, Assessment and Reporting Authority such money as is appropriated by the Parliament for the purposes of the Australian Curriculum, Assessment and Reporting Authority.\n  (2) The Finance Minister may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to the Australian Curriculum, Assessment and Reporting Authority.\n  (3) If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.","sortOrder":46},{"sectionNumber":"38","sectionType":"section","heading":"Application of money by the Australian Curriculum, Assessment and Reporting Authority","content":"#### 38 Application of money by the Australian Curriculum, Assessment and Reporting Authority\n\n  (1) The money of the Australian Curriculum, Assessment and Reporting Authority consists of:\n    (a) money paid to the Australian Curriculum, Assessment and Reporting Authority under section 37; and\n    (b) any other money paid to the Australian Curriculum, Assessment and Reporting Authority.\n  (2) The money of the Australian Curriculum, Assessment and Reporting Authority is to be applied only:\n    (a) in payment or discharge of the costs, expenses and other obligations incurred or undertaken by the Australian Curriculum, Assessment and Reporting Authority in the performance of its functions and the exercise of its powers; and\n    (b) in payment of any remuneration or allowances payable under this Act.\n  (3) Subsection (2) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Australian Curriculum, Assessment and Reporting Authority.","sortOrder":47},{"sectionNumber":"39","sectionType":"section","heading":"Taxation","content":"#### 39 Taxation\n\n  (1) To avoid doubt, for the purposes of section 50‑25 of the Income Tax Assessment Act 1997, the Australian Curriculum, Assessment and Reporting Authority is taken to be a public authority constituted under an Australian law.\n\n> Note: This means the Australian Curriculum, Assessment and Reporting Authority is exempt from income tax.\n\n  (2) The Australian Curriculum, Assessment and Reporting Authority is not subject to taxation under a law of a State or Territory, if the Commonwealth is not subject to the taxation.","sortOrder":48},{"sectionNumber":"Part 6","sectionType":"part","heading":"Other matters","content":"## Part 6—Other matters","sortOrder":49},{"sectionNumber":"40","sectionType":"section","heading":"Information collection, use and disclosure","content":"#### 40 Information collection, use and disclosure\n\n  (1) Personal information must not be collected by the Australian Curriculum, Assessment and Reporting Authority unless the collection is necessary for, and directly related to, any of the following purposes:\n    (a) conducting research relating to the national school curriculum;\n    (b) assisting government to formulate policies in relation to education matters;\n    (c) formulating national reports consisting of aggregated data on school performance.\n  (2) The use of personal information collected by the Australian Curriculum, Assessment and Reporting Authority in accordance with subsection (1) or lawfully disclosed to the Australian Curriculum, Assessment and Reporting Authority is taken to be authorised by this Act for the purposes of Australian Privacy Principle 6 if the use is necessary for, and directly related to, any of the purposes mentioned in that subsection.\n  (3) The disclosure of personal information by the Australian Curriculum, Assessment and Reporting Authority is taken to be authorised by this Act for the purposes of Australian Privacy Principle 6 if:\n    (a) the disclosure is made to a person or body that is prescribed by the regulations; and\n    (b) the disclosure is necessary for, and directly related to, the purposes mentioned in subsection (1).\n\n> Note: Australian Privacy Principle 6 applies to further disclosures of the personal information","sortOrder":50},{"sectionNumber":"41","sectionType":"section","heading":"Delegation","content":"#### 41 Delegation\n\n  (1) The Minister may, by writing, delegate any or all of the Minister’s functions or powers under this Act to:\n    (a) the Secretary of the Department; or\n    (b) an SES employee in the Department.\n\n> Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n  (2) In performing functions and exercising powers under the delegation, the delegate must comply with any directions of the Minister.\n\n> Note: See sections 34AA to 34A of the Acts Interpretation Act 1901.\n\n  (3) The Chair may, by writing, delegate any or all of the Chair’s functions or powers to another member of the Board.\n  (4) In performing functions and exercising powers under the delegation, the delegate must comply with any directions of the Chair.","sortOrder":51},{"sectionNumber":"42","sectionType":"section","heading":"How Ministerial Council gives directions etc.","content":"#### 42 How Ministerial Council gives directions etc.\n\n  The Ministerial Council is to give a direction, an approval or a refusal for the purposes of a provision of this Act by resolution of the Council passed in accordance with the procedures determined by the Council.","sortOrder":52},{"sectionNumber":"43","sectionType":"section","heading":"Reporting requirements","content":"#### 43 Reporting requirements\n\n  (1) The Chair must prepare and give to the Ministerial Council a report relating to a financial year on or before:\n    (a) 30 September after the end of that year; or\n    (b) if the Minister specifies a later time—that time.\n  (2) The report must include:\n    (a) particulars of the activities of the Australian Curriculum, Assessment and Reporting Authority during that financial year to the extent they relate to the Charter; and\n    (b) if the Ministerial Council gives a direction under subsection 7(1) requiring the report to include any other information relating to the performance of the Australian Curriculum, Assessment and Reporting Authority’s functions—that information.\n  (3) However, information required in a direction under subsection 7(1) must not include any personal information.","sortOrder":53},{"sectionNumber":"43A","sectionType":"section","heading":"Corporate plans","content":"#### 43A Corporate plans\n\n  Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the Board.","sortOrder":54},{"sectionNumber":"44","sectionType":"section","heading":"Review of role and functions","content":"#### 44 Review of role and functions\n\n  (1) The Minister must cause a review of the Australian Curriculum, Assessment and Reporting Authority’s ongoing role and functions to be conducted.\n  (2) The review must:\n    (a) start 6 years after the commencement of this section; and\n    (b) be completed within 6 months.\n  (3) The Minister must cause a written report about the review to be prepared.\n  (4) The Minister must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the Minister receives the report.","sortOrder":55},{"sectionNumber":"45","sectionType":"section","heading":"Regulations","content":"#### 45 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":56}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":581},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose of establishing a national curriculum and assessment authority. The scope covers establishment, governance, functions, finance, and privacy protections — all directly related to this core purpose. No significant scope creep is evident."},"complexity_factors":["Multiple overlapping governance layers: Board, CEO, Ministerial Council, and Charter all with interlocking powers and directions","11 constitutional heads of power in section 4 creating redundant but legally necessary coverage","Extensive cross-referencing to the Public Governance, Performance and Accountability Act 2013 for financial and accountability matters","Conditional appointment requirements with multiple prerequisites (section 14) including Ministerial Council agreement, expertise balance, and nomination status","Complex quorum rules with exception for conflict-of-interest situations (section 21(3))","Multiple termination triggers with 'must' vs 'may' distinctions for both Board members and CEO","Privacy provisions that reference external Australian Privacy Principles and require specific purpose limitations"],"plain_english_summary":"This Act creates **ACARA** — the Australian Curriculum, Assessment and Reporting Authority — a national body that oversees what Australian school students learn and how their progress is measured.\n\n**What ACARA does:**\n- **Develops the national school curriculum** — the content and achievement standards for subjects like Maths, English, Science, etc.\n- **Runs national assessments** — including NAPLAN (the literacy and numeracy tests students sit in Years 3, 5, 7 and 9)\n- **Collects and analyses school data** — including comparative performance information\n- **Publishes information about schools** — including the My School website that shows how schools are performing\n- **Supports teachers** with resources, research and guidance\n\n**How ACARA is governed:**\n- A **Board of 13 members** oversees ACARA, including representatives from each State and Territory Education Minister, the Catholic and Independent school sectors, and the Commonwealth\n- A **Chief Executive Officer** handles day-to-day operations\n- ACARA must follow directions from the **Ministerial Council** (all Commonwealth, State and Territory education ministers working together)\n- ACARA operates under a **Charter** set by the Ministerial Council\n\n**Key protections:**\n- Strict limits on collecting **personal information** about students — only for specific purposes like curriculum research and national reporting (using aggregated data, not individual student details)\n- ACARA is **exempt from income tax** but doesn't have Crown immunities (meaning it can be sued like any other body)\n\n**Who this affects:**\n- All Australian school students, parents, teachers and school administrators\n- State and Territory education departments\n- Anyone interested in national education standards and school accountability"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The text establishes ACARA and sets out its core functions, governance, powers, funding and data rules. It is focused on creating a national curriculum/assessment/reporting authority and does not appear to materially broaden that original mandate in the provisions shown. The Act centralises curriculum and assessment functions in a statutory body and introduces data collection and reporting controls (s6, s40), but these are within the expected scope of creating a national curriculum authority rather than an expansion beyond original purpose."},"complexity_factors":["Multiple coordinating bodies and actors: Ministerial Council, Minister, Board, CEO, State/Territory Education Ministers (ss7, 13–14, 23)","Cross‑references to other Acts (PGPA Act, Privacy Act, Acts Interpretation Act, Remuneration Tribunal Act) creating layered compliance obligations (note to s5; s3; ss16, 30)","Several nomination and appointment paths for Board members (Minister, sector bodies, 8 State/Territory nominees) with Council agreement required (ss13–14)","Data‑use and privacy constraints tied to specific permitted purposes and to APP6, plus regulation‑based disclosures (s40)","Delegation and direction mechanisms: written directions by Ministerial Council (s7), delegation by Minister and Chair (s41), Finance Minister directions on payments (s37)","Limited parliamentary instrument oversight for Charter and Ministerial Council directions (s7(4)–(5))","Ordinary corporate powers and financial restrictions (s8, ss37–38) — straightforward but require PGPA compliance","Clear procedural rules for meetings, quorums and out‑of‑meeting decisions (ss21–22) which are straightforward but operationally important","Statutory review timetable (s44) creates a time‑bound re‑assessment obligation"],"plain_english_summary":"**What this law does (mechanics)\n\n- Establishes a corporate authority called the Australian Curriculum, Assessment and Reporting Authority (ACARA) (s5).\n- Gives ACARA a defined set of functions: develop and administer a national school curriculum and achievement standards for subjects listed in its Charter; develop and run national assessments; collect, manage and analyse student assessment and other school performance data; facilitate information‑sharing between government bodies; publish information about schools (including comparative performance); and provide curriculum resources, research and support to teachers (s6).\n- Creates a Board to govern ACARA, sets Board composition and appointment rules (including sector nominations and State/Territory nominees), meeting rules and decision processes (ss11–22, especially ss13–14, 21–22).\n- Creates a full‑time Chief Executive Officer responsible for day‑to‑day administration; the CEO is appointed by the Board after consultation with the Minister (ss23–26).\n- Permits ACARA to employ staff, form committees and enter into contracts, accept gifts and charge fees for services (ss34–36, s8, s9).\n- Controls finance: ACARA is funded from Parliamentary appropriations; the Finance Minister may give directions on amounts and timing; ACARA’s money may only be used for its functions and for remuneration/allowances (ss37–38).\n- Limits data collection and use of personal information: ACARA may only collect personal information if necessary and directly related to a short list of purposes (research into the national curriculum; assisting government policy; aggregated national reports on school performance). Uses and disclosures for those purposes are treated as authorised for Privacy Act purposes; further disclosure rules are governed by the regulations and Australian Privacy Principle 6 (s40).\n- Requires annual reporting to the Ministerial Council with specific content requirements and prohibits directions that would force inclusion of personal information in reports (s43).\n- Provides for a statutory review of ACARA’s role and functions (to start six years after commencement) and permits regulations to fill in details (ss44–45).\n\n\nWho is affected\n\n- Federal, State and Territory education ministers and agencies: they participate in the Ministerial Council that gives written directions to ACARA and must agree to Board appointments (ss7, 14, 42).\n- Schools and school systems (government, Catholic, independent): ACARA develops national curriculum and assessments and publishes comparative information about school performance (s6); schools will be the main sources of data that ACARA collects and manages (s6(c), s40).\n- Teachers and curriculum developers: ACARA provides curriculum resources, research and guidance (s6(f)–(g)).\n- Students and parents: ACARA’s assessments and reporting affect how student achievement is benchmarked and made public (s6, s43).\n- Private suppliers and consultants: ACARA’s contracting powers (s8) and its role in curriculum and assessment create commercial opportunities to supply services and materials.\n\n\nWhy it matters (policy intent and practical effects)\n\n- The stated purpose is to create a single national body responsible for curriculum, national assessments and national reporting so that curriculum content, assessment and reporting are consistent across jurisdictions (s6; the Charter further defines covered subjects).\n- Mechanically, the Act centralises decision‑making about the national curriculum and assessments in a statutory body (s5–6), while leaving control of ACARA’s directions to the Ministerial Council (s7). The Charter and written directions from the Ministerial Council are binding on ACARA (s7(1),(3)).\n\n\nAnalytical lens — costs, incentives and trade‑offs\n\n- Who pays: ACARA is financed by Commonwealth appropriations (s37). It may also charge fees for services (s9), but fees cannot be taxation (s9(2)). Costs of complying with data collection and reporting will be borne largely by schools and school systems supplying information (s6(c), s40).\n- Who decides: strategic control sits with the Ministerial Council (written directions to ACARA) and the Minister (appoints members with Council agreement); operational control rests with the Board and CEO (ss7, 14, 23–25).\n- Behavioural effects: jurisdictions and schools will need to provide data and align certain curriculum and assessment practices with ACARA outputs; private providers may adapt products to match national curricula and assessments (s6, s8).\n- Compliance burden: the Act authorises cross‑jurisdictional data collection and comparative reporting (s6(c),(e)); that creates recurring administrative work for schools and education departments. Reporting obligations on ACARA itself (annual report to the Ministerial Council, s43) create internal documentation and audit requirements.\n- Privacy and implementation risk: the Act limits collection to purposes directly related to curriculum research, policy support and aggregated reporting (s40(1)), which narrows but does not eliminate privacy risk. Use and disclosure are authorised under the Privacy Act for specific purposes (s40(2)–(3)), but further disclosures remain subject to APP6 and regulation‑making (note to s40). Practical data‑sharing across State/Territory systems requires technical and procedural agreements — an implementation and interoperability challenge.\n- Bureaucratic discretion and parliamentary oversight: directions from the Ministerial Council and a written Charter bind ACARA (s7), but the Act states that those directions and the Charter are not legislative instruments (s7(4)–(5)). That reduces formal disallowable‑instrument oversight in Parliament and concentrates regulatory details in inter‑governmental written directions and regulations.\n- Concentrated benefits and diffuse costs: centralising curriculum and national assessment concentrates decision power and any associated procurement or advisory contracts (benefits) while imposing administrative and compliance costs across many schools and jurisdictions (diffuse costs) (s6, s8, s37–38).\n\n\nKey cross‑references and constraints\n\n- Subject to the Public Governance, Performance and Accountability Act 2013 (PGPA Act) for corporate Commonwealth entity governance and financial management (note to s5 and multiple cross‑references).\n- Privacy Act 1988 definitions and Australian Privacy Principles (s3 definition, s40).\n- Appointment, acting and termination procedures reference the Acts Interpretation Act and the Remuneration Tribunal Act for particular formalities (see notes across ss14, 16, 26, 28).\n\n\nImportant sections to check in practice: s5 (establishment), s6 (functions), s7 (directions and Charter), s13–14 (Board composition and appointment), s21–22 (meetings and decisions), s23–26 (CEO), s37–38 (funding), s40 (information collection/Privacy), and s43 (reporting).\n"},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act does what it says on the tin: it establishes ACARA and provides the legal framework for its governance, functions, and operations. The functions listed in s.6 — curriculum development, national assessments, data collection, school performance reporting, and teacher support — are consistent with the stated purpose of creating a national education authority. There is no evidence of significant scope creep from the original intent. The broad constitutional foundation in s.4 is a standard legal drafting technique to future-proof the Act, not a substantive expansion of scope."},"complexity_factors":["Multi-layered governance structure involving federal minister, Ministerial Council (federal + all states/territories), Board, and CEO — with overlapping roles and approval requirements","Constitutional foundation section (s.4) lists 11 separate heads of constitutional power to ensure the Act survives legal challenge — this is unusually technical for a machinery Act","Interplay between multiple other Acts: Public Governance, Performance and Accountability Act 2013, Privacy Act 1988, Remuneration Tribunal Act 1973, Income Tax Assessment Act 1997, and Acts Interpretation Act 1901","Privacy provisions reference Australian Privacy Principle 6 and create specific authorisations/exceptions that require understanding of the broader Privacy Act framework","The Charter — a key operational document — is not defined in the Act itself and is not a legislative instrument, meaning it operates outside normal parliamentary scrutiny","The Act is significantly duplicated in the provided text (full content appears three times), suggesting a formatting error but adding to analytical complexity","Distinction between mandatory and discretionary termination grounds for both Board members and CEO requires careful reading"],"plain_english_summary":"## What This Law Does\n\nThis Act creates **ACARA** — the Australian Curriculum, Assessment and Reporting Authority — the national body responsible for what Australian school students learn and how their performance is measured and reported. You may know ACARA best as the organisation behind **NAPLAN** (the national literacy and numeracy tests) and the **Australian Curriculum** (the standard framework for what's taught in schools).\n\n## Who It Affects\n\n- **Students and parents**: ACARA designs the national curriculum (what subjects cover and to what standard) and runs national assessments like NAPLAN. The results feed into publicly reported school performance data.\n- **Teachers and schools**: ACARA provides curriculum resources, guidance, and support to the teaching profession. Schools are subject to the national assessment and reporting framework ACARA administers.\n- **All Australians**: School performance data — including comparisons between schools — is published publicly (this is what powers tools like the MySchool website).\n\n## How It Works\n\n**ACARA is a corporate Commonwealth body** (meaning it's a government-created organisation that can own property, sign contracts, and be sued — like a company, but publicly owned).\n\nIt is governed by a **Board** of 12 members:\n- A Chair and Deputy Chair\n- One member chosen by the federal Minister for Education\n- One member from Catholic education peak bodies\n- One member from independent schools peak bodies\n- **Eight members**, one nominated by each State and Territory education minister\n\nThis structure ensures all states, territories, and major school sectors (government, Catholic, and independent) have a say in national education decisions.\n\n**Key oversight**: ACARA must follow directions from the **Ministerial Council** — a body made up of the federal, state, and territory education ministers working together. This is the main political check on ACARA's work. ACARA must also follow its **Charter** (a document setting out its specific priorities, determined by the Ministerial Council).\n\n## Key Points for Ordinary People\n\n- 📚 **ACARA writes the national school curriculum** — what your child is taught in subjects across Australia, and what standard they're expected to reach.\n- 📊 **ACARA runs national assessments** (like NAPLAN) and publishes school performance comparisons — the data behind MySchool.\n- 🔒 **Your child's personal data is protected**: The Act limits how ACARA can collect, use, and share personal information (private details that identify a person). It can only be used for curriculum research, policy development, or aggregated (combined and anonymised) national reports — not for identifying individual students publicly.\n- 🏛️ **Federal-state cooperation**: ACARA is deliberately designed as a shared Commonwealth-state body, reflecting that education is primarily a state responsibility but benefits from national consistency.\n- 💰 **Taxpayer funded but can charge fees**: ACARA gets parliamentary funding but can also charge fees for some services (though it can't effectively impose a tax).\n- 🔍 **Mandatory review**: The Minister must review ACARA's role and functions starting 6 years after the Act commenced, with results tabled in Parliament."},"issue_detection":{"absurdities":[{"type":"retroactive_impossibility","section":"s.5(3) and s.5(4)","severity":"medium","reasoning":"The Authority is established on Royal Assent (s.2, s.5(1)), and courts must immediately presume documents duly sealed (s.5(4)), yet the seal cannot be used without Board authorisation (s.5(3)), and the Board cannot function without appointed members. There is a gap between establishment and operational capacity during which the seal presumption applies to a seal that cannot lawfully be used.","confidence":0.72,"description":"The Board is required to direct the custody of the seal and authorise its use before the Board itself has been validly constituted and appointed. Courts must take judicial notice of the seal from the moment of Royal Assent, but the seal cannot be used until the Board authorises it — yet the Board cannot meet or act until members are appointed, which requires Ministerial Council agreement under s.14(2)."},{"type":"circular_definition","section":"s.6(a) and s.3 (Charter definition)","severity":"high","reasoning":"The curriculum function is entirely dependent on the Charter specifying subjects. The Charter is determined 'from time to time' by the Ministerial Council and is not a legislative instrument (s.7(5)), meaning it has no fixed content guaranteed by law. ACARA's core function is therefore contingent on an external, non-legislative document that may be empty, amended or revoked at any time, rendering the statutory function potentially hollow.","confidence":0.78,"description":"ACARA's primary function is to develop and administer a national school curriculum 'for school subjects specified in the Charter', but the Charter is itself determined by the Ministerial Council and may not yet exist or may be silent on subjects. If the Charter specifies no subjects, ACARA's principal statutory function becomes a nullity."},{"type":"impossible_compliance","section":"s.7(1) and s.7(3)","severity":"medium","reasoning":"The Ministerial Council controls both instruments. A direction under s.7(1) must not be inconsistent with 'this Act or the regulations' (s.7(2)) but there is no equivalent prohibition on directions being inconsistent with the Charter. If a direction conflicts with the Charter, ACARA has no statutory mechanism to resolve the conflict, as the Act treats both obligations as mandatory and co-equal.","confidence":0.75,"description":"ACARA must comply with both Ministerial Council directions (s.7(1)) and the Charter (s.7(3)), but neither provision establishes a clear hierarchy between them. Since the Ministerial Council also determines the Charter, a direction could conflict with the Charter, creating an impossible compliance situation where ACARA must simultaneously obey two instruments from the same body that point in different directions."},{"type":"impossible_compliance","section":"s.13 and s.21(2)","severity":"medium","reasoning":"With 12 possible members and a quorum of 9, if 4 or more positions are vacant (a realistic scenario during transition periods or mass resignations), the Board cannot lawfully conduct business regardless of 100% attendance by remaining members. The Act provides no fallback mechanism for this scenario other than the conflict-of-interest quorum reduction in s.21(3), which only applies to that specific circumstance.","confidence":0.82,"description":"The Board has 12 members (Chair, Deputy Chair, 1 Ministerial nominee, 1 Catholic Education nominee, 1 Independent Schools nominee, 8 State/Territory nominees) but the quorum is set at 9. If vacancies exist in multiple positions simultaneously — which is structurally possible given staggered terms — achieving a quorum may be impossible even if all remaining members attend."},{"type":"other","section":"s.19(2)","severity":"high","reasoning":"The enumeration jumps from (a)(iv) directly to (c), skipping (b) entirely. Given that the equivalent CEO termination provision in s.32(3) uses consecutive labels (a), (b), (c), (d), the missing (b) in s.19(2) is almost certainly a drafting error that omits at least one mandatory termination ground for Board members, creating an asymmetry between member and CEO termination obligations.","confidence":0.92,"description":"Section 19(2) lists mandatory termination grounds using paragraph labels (a) and (c), with no paragraph (b). This creates a structural gap in the legislation — paragraph (b) appears to have been omitted, suggesting a ground for mandatory termination may be missing entirely."},{"type":"self_contradicting","section":"s.40(1) and s.6(c)","severity":"high","reasoning":"Administering national assessments (s.6(b)) and collecting student assessment data (s.6(c)) inherently requires collecting personal information about individual students at an individual (not aggregated) level. Yet s.40(1)(c) only permits collection for 'formulating national reports consisting of aggregated data'. The Act simultaneously mandates the collection activity and restricts it to purposes that do not encompass individual-level assessment administration, creating a structural contradiction between the functions section and the privacy section.","confidence":0.71,"description":"ACARA's function under s.6(c) includes collecting 'student assessment data', which necessarily involves personal information about individual students. However, s.40(1) restricts collection of personal information to three narrow purposes: curriculum research, policy formulation, and aggregated reporting. Conducting the NAPLAN assessment program — ACARA's core operational function — does not neatly fit within any of those three purposes as described."},{"type":"self_contradicting","section":"s.14(2)(a) and s.13(c)","severity":"medium","reasoning":"Section 13(c) grants the Minister a unilateral nomination right. Section 14(2)(a) then requires Ministerial Council agreement for all appointments, including that nominee. The Minister is a member of the Ministerial Council, so he would be voting on the approval of his own nominee, but the requirement for Council agreement means other ministers could veto the Commonwealth Minister's own nominee — creating a tension between the nomination power and the appointment approval mechanism.","confidence":0.74,"description":"The Minister must obtain Ministerial Council agreement before appointing any member, including the member the Minister himself nominates under s.13(c). This means the Minister must seek the Ministerial Council's approval to appoint his own nominee — a structural absurdity where the Minister must obtain collective permission to exercise his own individual nomination power."},{"type":"other","section":"s.15","severity":"medium","reasoning":"The jump from subsection (1) to subsection (4) with no subsections (2) or (3) present indicates either omitted provisions or a drafting/formatting error. In a section dealing with critical continuity-of-governance arrangements, missing subsections represent a structural deficiency regardless of cause.","confidence":0.88,"description":"Section 15 contains subsections (1) and (4) but no subsections (2) or (3), suggesting provisions have been omitted from the text as provided. This creates gaps in the acting arrangements framework that may leave unaddressed scenarios for acting in certain positions."},{"type":"circular_definition","section":"s.44(2)","severity":"low","reasoning":"Using 'commencement of this section' rather than 'commencement of this Act' implies s.44 might commence at a different time, but no different commencement date is provided for s.44. The provision is technically redundant and potentially misleading but not operationally problematic.","confidence":0.65,"description":"The mandatory review of ACARA's role and functions must 'start 6 years after the commencement of this section'. Since s.2 provides that the Act commences on Royal Assent, and s.44 is part of the Act, the commencement of s.44 is the same as the Act's commencement. The review obligation is therefore unambiguous in timing, but the phrase 'commencement of this section' is unnecessarily circular — a section cannot have a different commencement from the Act it forms part of unless separately specified, which it is not."},{"type":"impossible_compliance","section":"s.9(2)","severity":"low","reasoning":"The fee/tax distinction under Australian constitutional law depends on factors including compulsion, purpose, and the payer's receipt of benefit. Without statutory guidance, ACARA faces an inherent compliance uncertainty — the Act prohibits an outcome without defining it. This is a common legislative technique but creates genuine uncertainty in an educational context where charges to schools or jurisdictions could be characterised either way.","confidence":0.62,"description":"The prohibition on fees 'amounting to taxation' provides no guidance on where the threshold lies. ACARA is simultaneously exempt from income tax (s.39(1)) and prohibited from levying charges that constitute taxation (s.9(2)), but the distinction between a fee and a tax is a complex constitutional question left entirely unresolved by the Act, leaving ACARA unable to determine with certainty whether any given fee structure is lawful."}],"contradictions":[{"severity":"high","section_a":"s.6(c)","section_b":"s.40(1)","confidence":0.73,"description":"Section 6(c) mandates that ACARA collect, manage and analyse student assessment data as a core function. Section 40(1) prohibits collection of personal information unless necessary for one of three listed purposes: curriculum research, policy formulation, or aggregated reporting. The act of collecting individual student assessment data for the purpose of conducting and marking assessments does not fall within any of those three permitted purposes, directly contradicting the mandatory function."},{"severity":"medium","section_a":"s.7(1)","section_b":"s.7(3)","confidence":0.76,"description":"ACARA must comply with Ministerial Council directions (s.7(1)) and must also comply with the Charter (s.7(3)). Both obligations are framed as absolute ('must'). No hierarchy is established between them. Since both instruments emanate from the Ministerial Council, a conflict between a direction and the Charter creates an irresolvable obligation — ACARA must simultaneously comply with two mandatory but contradictory requirements from the same body."},{"severity":"low","section_a":"s.12(1)","section_b":"s.24(1)","confidence":0.58,"description":"Section 12(1) makes the Board 'responsible for ensuring the proper and efficient performance of ACARA's functions', while s.24(1) makes the CEO 'responsible for the day-to-day administration of ACARA'. These responsibilities are not mutually exclusive but the Act creates no mechanism for resolving conflicts between Board oversight and CEO administration. The CEO must follow Board directions (s.24(3)) but the Board's responsibility for 'performance of functions' and the CEO's responsibility for 'administration' overlap without clear delineation."},{"severity":"medium","section_a":"s.5(4)","section_b":"s.5(3)","confidence":0.79,"description":"Section 5(4) requires courts to presume that any document bearing ACARA's seal 'was duly sealed', creating an irrebuttable presumption. Section 5(3) provides that the seal must not be used except as authorised by the Board. If the seal is used without Board authorisation (in breach of s.5(3)), courts are still required by s.5(4) to presume the document was duly sealed — meaning the mandatory presumption operates even when the seal was used unlawfully."},{"severity":"low","section_a":"s.43(1)","section_b":"s.43(2)(b) and s.7(1)","confidence":0.61,"description":"Section 43(1) requires the Chair (not ACARA or the Board) to prepare and give the annual report to the Ministerial Council. Section 43(2)(b) requires the report to include information directed by the Ministerial Council under s.7(1). However, s.7(1) directions are addressed to ACARA (not the Chair personally), and s.7(2) limits those directions to matters not inconsistent with the Act. The reporting obligation sits with the Chair as an individual, while the direction power targets the Authority as an entity, creating a mismatch in the legal obligations."},{"severity":"medium","section_a":"s.14(2)(b)","section_b":"s.13(f)","confidence":0.69,"description":"Section 14(2)(b) requires the Ministerial Council to agree that each appointment 'would ensure that the members of the Board collectively possess an appropriate balance of professional expertise'. However, s.13(f) entitles each State and Territory Education Minister to nominate one member each — 8 members in total — and the Ministerial Council must approve those appointments. The Council (which includes those same ministers) cannot reasonably evaluate collective expertise balance when 8 of 12 member positions are pre-committed to jurisdictional nominees who may lack the required expertise categories."}]}},"importantCases":[],"_links":{"self":"/api/acts/australian-curriculum-assessment-and-reporting-authority-act-2008","history":"/api/acts/australian-curriculum-assessment-and-reporting-authority-act-2008/history","analysis":"/api/acts/australian-curriculum-assessment-and-reporting-authority-act-2008/analysis","conflicts":"/api/acts/australian-curriculum-assessment-and-reporting-authority-act-2008/conflicts","importantCases":"/api/acts/australian-curriculum-assessment-and-reporting-authority-act-2008/important-cases","documents":"/api/acts/australian-curriculum-assessment-and-reporting-authority-act-2008/documents"}}