{"id":"qld:act-2014-003","name":"Education (Queensland Curriculum and Assessment Authority) Act 2014","slug":"education-queensland-curriculum-and-assessment-authority-act-2014","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"3 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29694,"registerId":"qld-act-2014-003-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Education (Queensland Curriculum and Assessment Authority) Act 2014 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Objects","content":"### sec.3 Objects\n\nThe objects of this Act are—\nto help schools to achieve quality learning outcomes for their students; and\nto help approved providers of education and care services to achieve quality learning outcomes for children who attend the services; and\nto provide accurate and informative records of student achievement, including through the production of certificates of achievements and statements of results; and\nto maintain public confidence in certificates of achievement and statements of results developed and administered by the authority.\n- (a) to help schools to achieve quality learning outcomes for their students; and\n- (b) to help approved providers of education and care services to achieve quality learning outcomes for children who attend the services; and\n- (c) to provide accurate and informative records of student achievement, including through the production of certificates of achievements and statements of results; and\n- (d) to maintain public confidence in certificates of achievement and statements of results developed and administered by the authority.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Dictionary","content":"### sec.4 Dictionary\n\nThe dictionary in schedule 1 defines particular words used in this Act.\ns 4 amd 2014 No. 3 s 114 sch 1 pt 1","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Queensland Curriculum and Assessment Authority","content":"# Queensland Curriculum and Assessment Authority","sortOrder":5},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishment and status","content":"## Establishment and status","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Establishment","content":"### sec.5 Establishment\n\nThe Queensland Curriculum and Assessment Authority (the authority ) is established.\nThe authority—\nis a body corporate; and\nhas a common seal; and\nmay sue and be sued in its corporate name.\n(sec.5-ssec.1) The Queensland Curriculum and Assessment Authority (the authority ) is established.\n(sec.5-ssec.2) The authority— is a body corporate; and has a common seal; and may sue and be sued in its corporate name.\n- (a) is a body corporate; and\n- (b) has a common seal; and\n- (c) may sue and be sued in its corporate name.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Authority represents the State","content":"### sec.6 Authority represents the State\n\nThe authority represents the State.\nWithout limiting subsection (1) , the authority has the status, privileges and immunities of the State.\n(sec.6-ssec.1) The authority represents the State.\n(sec.6-ssec.2) Without limiting subsection (1) , the authority has the status, privileges and immunities of the State.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Application of particular Acts","content":"### sec.7 Application of particular Acts\n\nThe authority is—\na statutory body under the FA Act ; and\na statutory body under the SBFA Act .\nThe SBFA Act , part 2B sets out the way in which the authority’s powers under this Act are affected by the SBFA Act .\n(sec.7-ssec.1) The authority is— a statutory body under the FA Act ; and a statutory body under the SBFA Act .\n(sec.7-ssec.2) The SBFA Act , part 2B sets out the way in which the authority’s powers under this Act are affected by the SBFA Act .\n- (a) a statutory body under the FA Act ; and\n- (b) a statutory body under the SBFA Act .","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Extraterritoriality","content":"### sec.8 Extraterritoriality\n\nThe authority may perform its functions inside or outside Queensland including outside Australia.","sortOrder":10},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Functions","content":"## Functions","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Syllabuses for senior subjects","content":"### sec.9 Syllabuses for senior subjects\n\nThe authority has the following functions relating to syllabuses for senior subjects—\ndeveloping and revising syllabuses;\npurchasing and revising syllabuses developed by another entity.\nIf the authority performs a function under this provision, it must give notice under section 88 (1) (a) .\nIn developing a syllabus for a senior subject for which there is an Australian curriculum, the authority must adopt the Australian curriculum content and standards of achievement for the subject as the basis for developing the syllabus.\n(sec.9-ssec.1) The authority has the following functions relating to syllabuses for senior subjects— developing and revising syllabuses; purchasing and revising syllabuses developed by another entity. If the authority performs a function under this provision, it must give notice under section 88 (1) (a) .\n(sec.9-ssec.2) In developing a syllabus for a senior subject for which there is an Australian curriculum, the authority must adopt the Australian curriculum content and standards of achievement for the subject as the basis for developing the syllabus.\n- (a) developing and revising syllabuses;\n- (b) purchasing and revising syllabuses developed by another entity.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Syllabuses for P–10 subjects","content":"### sec.10 Syllabuses for P–10 subjects\n\nThe authority has the following functions relating to syllabuses for P–10 subjects for which there are no Australian curricula—\ndeveloping and revising syllabuses;\npurchasing and revising syllabuses developed by another entity.\nIf the authority performs a function under this provision, it must give notice under section 88 (1) (a) .\n- (a) developing and revising syllabuses;\n- (b) purchasing and revising syllabuses developed by another entity.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Kindergarten guidelines","content":"### sec.11 Kindergarten guidelines\n\nThe authority has the following functions relating to kindergarten guidelines—\ndeveloping and revising guidelines;\npurchasing and revising guidelines developed by another entity;\naccrediting, for implementation in education and care services, guidelines developed by another entity.\nIf the authority performs a function under this provision, it must give notice under section 88 (3) .\n- (a) developing and revising guidelines;\n- (b) purchasing and revising guidelines developed by another entity;\n- (c) accrediting, for implementation in education and care services, guidelines developed by another entity.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Supporting schools and approved providers of education and care services","content":"### sec.12 Supporting schools and approved providers of education and care services\n\nThe authority has the function of supporting schools and approved providers of education and care services in implementing—\na syllabus the authority develops, purchases or substantially revises; or\nan Australian curriculum; or\na kindergarten guideline the authority accredits, develops, purchases or substantially revises.\nThe function mentioned in subsection (1) —\nis performed primarily by the authority giving school authorities and approved providers, or their nominees, information about the content and purpose of the syllabus, Australian curriculum or kindergarten guideline; and\nmay be performed by the authority—\nproviding resources to support the implementation of the syllabus, Australian curriculum or kindergarten guideline; or\ndeveloping resources and providing services for the professional development of teachers or education and care services staff.\nThe authority has the function mentioned in subsection (1) (a) and (b) for recognised schools.\nIn this section—\nschool authority means—\nfor a recognised school—the governing body of the recognised school; or\nfor a State school—the chief executive; or\nfor a non-State school—the governing body of the school.\n(sec.12-ssec.1) The authority has the function of supporting schools and approved providers of education and care services in implementing— a syllabus the authority develops, purchases or substantially revises; or an Australian curriculum; or a kindergarten guideline the authority accredits, develops, purchases or substantially revises.\n(sec.12-ssec.2) The function mentioned in subsection (1) — is performed primarily by the authority giving school authorities and approved providers, or their nominees, information about the content and purpose of the syllabus, Australian curriculum or kindergarten guideline; and may be performed by the authority— providing resources to support the implementation of the syllabus, Australian curriculum or kindergarten guideline; or developing resources and providing services for the professional development of teachers or education and care services staff.\n(sec.12-ssec.3) The authority has the function mentioned in subsection (1) (a) and (b) for recognised schools.\n(sec.12-ssec.4) In this section— school authority means— for a recognised school—the governing body of the recognised school; or for a State school—the chief executive; or for a non-State school—the governing body of the school.\n- (a) a syllabus the authority develops, purchases or substantially revises; or\n- (b) an Australian curriculum; or\n- (c) a kindergarten guideline the authority accredits, develops, purchases or substantially revises.\n- (a) is performed primarily by the authority giving school authorities and approved providers, or their nominees, information about the content and purpose of the syllabus, Australian curriculum or kindergarten guideline; and\n- (b) may be performed by the authority— (i) providing resources to support the implementation of the syllabus, Australian curriculum or kindergarten guideline; or (ii) developing resources and providing services for the professional development of teachers or education and care services staff.\n- (i) providing resources to support the implementation of the syllabus, Australian curriculum or kindergarten guideline; or\n- (ii) developing resources and providing services for the professional development of teachers or education and care services staff.\n- (i) providing resources to support the implementation of the syllabus, Australian curriculum or kindergarten guideline; or\n- (ii) developing resources and providing services for the professional development of teachers or education and care services staff.\n- (a) for a recognised school—the governing body of the recognised school; or\n- (b) for a State school—the chief executive; or\n- (c) for a non-State school—the governing body of the school.","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Testing","content":"### sec.13 Testing\n\nThe authority has the following functions relating to the testing of students—\ndeveloping and revising tests prescribed under a regulation;\nIf the authority performs a function under this provision, it must give notice under section 88 (1) (b) .\npurchasing and revising tests developed by another entity and prescribed under a regulation;\nIf the authority performs a function under this provision, it must give notice under section 88 (1) (b) .\ndeveloping procedures for schools, or the authority, to administer tests mentioned in paragraphs (a) and (b) ;\nparticipating in the development and revision of common national tests;\nIf the authority performs a function under this provision, it must give notice under section 88 (1) (c) .\nimplementing procedures for schools, or the authority, to administer common national tests;\nmarking tests mentioned in paragraphs (a) and (b) and common national tests and giving the individual test results of each student undertaking the tests to—\nthe student; and\nthe principal of the school at which the student is enrolled;\nUnder section 87 , the principal of a school that administers a test mentioned in subsection (1) (a) or (b) , or a common national test, must give the authority the test script of each student of the school.\nanalysing systemic information about the performance of persons who undertake tests mentioned in paragraphs (a) and (b) or common national tests and reporting the results of the analysis to the Minister, the chief executive, ISQ and CEQL.\nThe authority has the functions mentioned in subsection (1) for recognised schools.\ns 13 amd 2018 No. 1 s 136 ; 2025 No. 24 s 39ZP\n(sec.13-ssec.1) The authority has the following functions relating to the testing of students— developing and revising tests prescribed under a regulation; If the authority performs a function under this provision, it must give notice under section 88 (1) (b) . purchasing and revising tests developed by another entity and prescribed under a regulation; If the authority performs a function under this provision, it must give notice under section 88 (1) (b) . developing procedures for schools, or the authority, to administer tests mentioned in paragraphs (a) and (b) ; participating in the development and revision of common national tests; If the authority performs a function under this provision, it must give notice under section 88 (1) (c) . implementing procedures for schools, or the authority, to administer common national tests; marking tests mentioned in paragraphs (a) and (b) and common national tests and giving the individual test results of each student undertaking the tests to— the student; and the principal of the school at which the student is enrolled; Under section 87 , the principal of a school that administers a test mentioned in subsection (1) (a) or (b) , or a common national test, must give the authority the test script of each student of the school. analysing systemic information about the performance of persons who undertake tests mentioned in paragraphs (a) and (b) or common national tests and reporting the results of the analysis to the Minister, the chief executive, ISQ and CEQL.\n(sec.13-ssec.2) The authority has the functions mentioned in subsection (1) for recognised schools.\n- (a) developing and revising tests prescribed under a regulation; Note— If the authority performs a function under this provision, it must give notice under section 88 (1) (b) .\n- (b) purchasing and revising tests developed by another entity and prescribed under a regulation; Note— If the authority performs a function under this provision, it must give notice under section 88 (1) (b) .\n- (c) developing procedures for schools, or the authority, to administer tests mentioned in paragraphs (a) and (b) ;\n- (d) participating in the development and revision of common national tests; Note— If the authority performs a function under this provision, it must give notice under section 88 (1) (c) .\n- (e) implementing procedures for schools, or the authority, to administer common national tests;\n- (f) marking tests mentioned in paragraphs (a) and (b) and common national tests and giving the individual test results of each student undertaking the tests to— (i) the student; and (ii) the principal of the school at which the student is enrolled; Note— Under section 87 , the principal of a school that administers a test mentioned in subsection (1) (a) or (b) , or a common national test, must give the authority the test script of each student of the school.\n- (i) the student; and\n- (ii) the principal of the school at which the student is enrolled;\n- (g) analysing systemic information about the performance of persons who undertake tests mentioned in paragraphs (a) and (b) or common national tests and reporting the results of the analysis to the Minister, the chief executive, ISQ and CEQL.\n- (i) the student; and\n- (ii) the principal of the school at which the student is enrolled;","sortOrder":16},{"sectionNumber":"sec.13A","sectionType":"section","heading":"Assessment of students for senior subjects","content":"### sec.13A Assessment of students for senior subjects\n\nThe authority has the following functions relating to the assessment of students for senior subjects—\nendorsing school-based assessments for senior subjects;\ndeveloping and revising external assessments for senior subjects;\npurchasing and revising external assessments for senior subjects developed by another entity;\ndeveloping procedures for—\nthe endorsement of school-based assessments for senior subjects; and\nthe administration and marking of external assessments for senior subjects.\nThe authority has the functions mentioned in subsection (1) for recognised schools.\nIn this section—\nexternal assessment means an assessment developed by an entity other than a school.\nschool-based assessment means an assessment developed by a school.\ns 13A ins 2018 No. 1 s 137\n(sec.13A-ssec.1) The authority has the following functions relating to the assessment of students for senior subjects— endorsing school-based assessments for senior subjects; developing and revising external assessments for senior subjects; purchasing and revising external assessments for senior subjects developed by another entity; developing procedures for— the endorsement of school-based assessments for senior subjects; and the administration and marking of external assessments for senior subjects.\n(sec.13A-ssec.2) The authority has the functions mentioned in subsection (1) for recognised schools.\n(sec.13A-ssec.3) In this section— external assessment means an assessment developed by an entity other than a school. school-based assessment means an assessment developed by a school.\n- (a) endorsing school-based assessments for senior subjects;\n- (b) developing and revising external assessments for senior subjects;\n- (c) purchasing and revising external assessments for senior subjects developed by another entity;\n- (d) developing procedures for— (i) the endorsement of school-based assessments for senior subjects; and (ii) the administration and marking of external assessments for senior subjects.\n- (i) the endorsement of school-based assessments for senior subjects; and\n- (ii) the administration and marking of external assessments for senior subjects.\n- (i) the endorsement of school-based assessments for senior subjects; and\n- (ii) the administration and marking of external assessments for senior subjects.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Moderation","content":"### sec.14 Moderation\n\nThe authority has the following functions relating to moderation—\ndeveloping moderation procedures;\narranging for moderation of student assessment.\nThe authority has the functions mentioned in subsection (1) for recognised schools.\n(sec.14-ssec.1) The authority has the following functions relating to moderation— developing moderation procedures; arranging for moderation of student assessment.\n(sec.14-ssec.2) The authority has the functions mentioned in subsection (1) for recognised schools.\n- (a) developing moderation procedures;\n- (b) arranging for moderation of student assessment.","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Certification","content":"### sec.15 Certification\n\nThe authority has the following functions relating to certification—\nreviewing, and making recommendations to the Minister about, the requirements for issuing certificates of achievement, and statements of results, prescribed under a regulation;\ndeciding procedures, and carrying out arrangements, for the assessment of persons in school subjects that are certification studies;\napproving work programs for school subjects that are certification studies, for use in the schools that developed the programs;\nissuing certificates of achievement, and statements of results, prescribed under a regulation;\ngiving a person, on request, a copy of any of the following documents previously issued for the person—\na certificate, about the completion of the person’s studies, under the repealed Education Act 1964 or the repealed Education (Senior Secondary School Studies) Act 1988 ;\na certificate of achievement;\na statement of results;\nrecognising the results of a person in certification studies, prescribed under a regulation, that are not school subjects.\nThe authority has the functions mentioned in subsection (1) for recognised schools.\n(sec.15-ssec.1) The authority has the following functions relating to certification— reviewing, and making recommendations to the Minister about, the requirements for issuing certificates of achievement, and statements of results, prescribed under a regulation; deciding procedures, and carrying out arrangements, for the assessment of persons in school subjects that are certification studies; approving work programs for school subjects that are certification studies, for use in the schools that developed the programs; issuing certificates of achievement, and statements of results, prescribed under a regulation; giving a person, on request, a copy of any of the following documents previously issued for the person— a certificate, about the completion of the person’s studies, under the repealed Education Act 1964 or the repealed Education (Senior Secondary School Studies) Act 1988 ; a certificate of achievement; a statement of results; recognising the results of a person in certification studies, prescribed under a regulation, that are not school subjects.\n(sec.15-ssec.2) The authority has the functions mentioned in subsection (1) for recognised schools.\n- (a) reviewing, and making recommendations to the Minister about, the requirements for issuing certificates of achievement, and statements of results, prescribed under a regulation;\n- (b) deciding procedures, and carrying out arrangements, for the assessment of persons in school subjects that are certification studies;\n- (c) approving work programs for school subjects that are certification studies, for use in the schools that developed the programs;\n- (d) issuing certificates of achievement, and statements of results, prescribed under a regulation;\n- (e) giving a person, on request, a copy of any of the following documents previously issued for the person— (i) a certificate, about the completion of the person’s studies, under the repealed Education Act 1964 or the repealed Education (Senior Secondary School Studies) Act 1988 ; (ii) a certificate of achievement; (iii) a statement of results;\n- (i) a certificate, about the completion of the person’s studies, under the repealed Education Act 1964 or the repealed Education (Senior Secondary School Studies) Act 1988 ;\n- (ii) a certificate of achievement;\n- (iii) a statement of results;\n- (f) recognising the results of a person in certification studies, prescribed under a regulation, that are not school subjects.\n- (i) a certificate, about the completion of the person’s studies, under the repealed Education Act 1964 or the repealed Education (Senior Secondary School Studies) Act 1988 ;\n- (ii) a certificate of achievement;\n- (iii) a statement of results;","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Student accounts","content":"### sec.16 Student accounts\n\nThe authority has the following functions relating to student accounts—\nkeeping student accounts under part 3 ;\ndealing with information recorded in student accounts in the way permitted or required under part 3 .\nThe authority has the functions mentioned in subsection (1) for recognised schools.\n(sec.16-ssec.1) The authority has the following functions relating to student accounts— keeping student accounts under part 3 ; dealing with information recorded in student accounts in the way permitted or required under part 3 .\n(sec.16-ssec.2) The authority has the functions mentioned in subsection (1) for recognised schools.\n- (a) keeping student accounts under part 3 ;\n- (b) dealing with information recorded in student accounts in the way permitted or required under part 3 .","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Tertiary entrance","content":"### sec.17 Tertiary entrance\n\nThe authority has the function of giving information about students to an appropriately qualified entity to enable the entity to—\nrank the students as a basis for tertiary entrance; and\nadvise the students of their tertiary entrance ranking.\nThe authority has the function mentioned in subsection (1) for recognised schools.\ns 17 sub 2018 No. 1 s 138\n(sec.17-ssec.1) The authority has the function of giving information about students to an appropriately qualified entity to enable the entity to— rank the students as a basis for tertiary entrance; and advise the students of their tertiary entrance ranking.\n(sec.17-ssec.2) The authority has the function mentioned in subsection (1) for recognised schools.\n- (a) rank the students as a basis for tertiary entrance; and\n- (b) advise the students of their tertiary entrance ranking.","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Commercial exploitation","content":"### sec.18 Commercial exploitation\n\nThe authority has the function of commercially exploiting a product or service—\ndeveloped by it in the course of performing its functions; or\nlicensed to it.\nIn this section—\ncommercially exploit includes sell.\n(sec.18-ssec.1) The authority has the function of commercially exploiting a product or service— developed by it in the course of performing its functions; or licensed to it.\n(sec.18-ssec.2) In this section— commercially exploit includes sell.\n- (a) developed by it in the course of performing its functions; or\n- (b) licensed to it.","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Other functions","content":"### sec.19 Other functions\n\nThe authority has the following functions—\nadvising the Minister about matters relevant to the performance of its functions;\nconducting research to support the efficient and effective operation of its functions;\ndeciding the equivalent level of school education, or school qualification, in the State of a level of education reached, or qualification obtained, by a person at an educational institution established outside the State;\nexercising a power delegated to it under the National Vocational Education and Training Regulator Act 2011 (Cwlth) , section 224 ;\ngiving information obtained in the performance of its functions to the Commonwealth, a State or an entity of the Commonwealth or a State;\ninforming the public about matters relevant to the performance of its functions;\na function given to it under this or another Act.\n- (a) advising the Minister about matters relevant to the performance of its functions;\n- (b) conducting research to support the efficient and effective operation of its functions;\n- (c) deciding the equivalent level of school education, or school qualification, in the State of a level of education reached, or qualification obtained, by a person at an educational institution established outside the State;\n- (d) exercising a power delegated to it under the National Vocational Education and Training Regulator Act 2011 (Cwlth) , section 224 ;\n- (e) giving information obtained in the performance of its functions to the Commonwealth, a State or an entity of the Commonwealth or a State;\n- (f) informing the public about matters relevant to the performance of its functions;\n- (g) a function given to it under this or another Act.","sortOrder":23},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Powers","content":"## Powers","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"Powers of the authority","content":"### sec.20 Powers of the authority\n\nThe authority has all the powers of an individual and may, for example—\nenter into contracts; and\nacquire, hold, dispose of and deal with property; and\nappoint agents and attorneys; and\nengage consultants and researchers; and\nfix charges and other terms for services and facilities it supplies; and\ndo anything else necessary or convenient to be done in performing its functions.\nHowever, the authority must not enter into an agreement about real property including, for example, leasing premises for its accommodation, without the written approval of the Minister.\n(sec.20-ssec.1) The authority has all the powers of an individual and may, for example— enter into contracts; and acquire, hold, dispose of and deal with property; and appoint agents and attorneys; and engage consultants and researchers; and fix charges and other terms for services and facilities it supplies; and do anything else necessary or convenient to be done in performing its functions.\n(sec.20-ssec.2) However, the authority must not enter into an agreement about real property including, for example, leasing premises for its accommodation, without the written approval of the Minister.\n- (a) enter into contracts; and\n- (b) acquire, hold, dispose of and deal with property; and\n- (c) appoint agents and attorneys; and\n- (d) engage consultants and researchers; and\n- (e) fix charges and other terms for services and facilities it supplies; and\n- (f) do anything else necessary or convenient to be done in performing its functions.","sortOrder":25},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Delegation","content":"## Delegation","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"Authority may delegate functions and powers","content":"### sec.21 Authority may delegate functions and powers\n\nThe authority may delegate the performance of any of its functions, or the exercise of any of its powers, under this or another Act to an appropriately qualified entity, including—\na member; or\na committee of the authority; or\nthe chief executive officer; or\nan employee of the authority.\nAn entity to which the authority delegates a function or power may subdelegate it only if the delegation permits the subdelegation.\n(sec.21-ssec.1) The authority may delegate the performance of any of its functions, or the exercise of any of its powers, under this or another Act to an appropriately qualified entity, including— a member; or a committee of the authority; or the chief executive officer; or an employee of the authority.\n(sec.21-ssec.2) An entity to which the authority delegates a function or power may subdelegate it only if the delegation permits the subdelegation.\n- (a) a member; or\n- (b) a committee of the authority; or\n- (c) the chief executive officer; or\n- (d) an employee of the authority.","sortOrder":27},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Membership","content":"## Membership","sortOrder":28},{"sectionNumber":"sec.22","sectionType":"section","heading":"Members","content":"### sec.22 Members\n\nThe authority is comprised of the following members—\nthe chief executive, or a nominee of the chief executive;\nthe following persons (each, an appointed member ) appointed as members by the Governor in Council—\nthe executive director, or nominee, of the ISQ;\nthe chief executive officer, or nominee, of CEQL;\n1 nominee of the Minister having relevant corporate, governance or financial qualifications or experience;\n3 other nominees of the Minister having the qualifications, experience or standing the Minister considers relevant to the functions of the authority.\ns 22 amd 2025 No. 24 s 39ZQ\n- (a) the chief executive, or a nominee of the chief executive;\n- (b) the following persons (each, an appointed member ) appointed as members by the Governor in Council— (i) the executive director, or nominee, of the ISQ; (ii) the chief executive officer, or nominee, of CEQL; (iii) 1 nominee of the Minister having relevant corporate, governance or financial qualifications or experience; (iv) 3 other nominees of the Minister having the qualifications, experience or standing the Minister considers relevant to the functions of the authority.\n- (i) the executive director, or nominee, of the ISQ;\n- (ii) the chief executive officer, or nominee, of CEQL;\n- (iii) 1 nominee of the Minister having relevant corporate, governance or financial qualifications or experience;\n- (iv) 3 other nominees of the Minister having the qualifications, experience or standing the Minister considers relevant to the functions of the authority.\n- (i) the executive director, or nominee, of the ISQ;\n- (ii) the chief executive officer, or nominee, of CEQL;\n- (iii) 1 nominee of the Minister having relevant corporate, governance or financial qualifications or experience;\n- (iv) 3 other nominees of the Minister having the qualifications, experience or standing the Minister considers relevant to the functions of the authority.","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Eligibility","content":"### sec.23 Eligibility\n\nThe following persons are ineligible for nomination or appointment as a member—\na member of the Legislative Assembly;\na councillor of a local government;\nthe chief executive officer.\n- (a) a member of the Legislative Assembly;\n- (b) a councillor of a local government;\n- (c) the chief executive officer.","sortOrder":30},{"sectionNumber":"sec.24","sectionType":"section","heading":"Nomination","content":"### sec.24 Nomination\n\nThis section applies to the nomination of a person for membership of the authority by an entity mentioned in section 22 (b) (i) or (ii) .\nThe Minister must give the entity a notice stating a reasonable time (the stated period ) within which the entity may nominate a person for membership.\nIf the entity does not nominate a person within the stated period, the executive director of the entity is taken to be the entity’s nominee.\n(sec.24-ssec.1) This section applies to the nomination of a person for membership of the authority by an entity mentioned in section 22 (b) (i) or (ii) .\n(sec.24-ssec.2) The Minister must give the entity a notice stating a reasonable time (the stated period ) within which the entity may nominate a person for membership.\n(sec.24-ssec.3) If the entity does not nominate a person within the stated period, the executive director of the entity is taken to be the entity’s nominee.","sortOrder":31},{"sectionNumber":"sec.25","sectionType":"section","heading":"Term of appointment","content":"### sec.25 Term of appointment\n\nAn appointed member is appointed for the term, of not more than 4 years, stated in the appointed member’s instrument of appointment.","sortOrder":32},{"sectionNumber":"sec.26","sectionType":"section","heading":"Conditions of appointment","content":"### sec.26 Conditions of appointment\n\nAn appointed member is to be paid the remuneration and allowances decided by the Governor in Council.\nFor matters not provided for in this Act, an appointed member holds office on the terms and conditions decided by the Governor in Council.\n(sec.26-ssec.1) An appointed member is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.26-ssec.2) For matters not provided for in this Act, an appointed member holds office on the terms and conditions decided by the Governor in Council.","sortOrder":33},{"sectionNumber":"sec.27","sectionType":"section","heading":"Chair","content":"### sec.27 Chair\n\nThe Minister must nominate 1 of the persons mentioned in section 22 (b) (iv) to be the chair of the authority.\nThe Governor in Council must appoint the person nominated by the Minister as the chair.\nThe person may be appointed as the chair at the same time the person is appointed as a member.\nThe chair holds office for the term of the person’s appointment as chair.\nHowever, the term mentioned in subsection (4) can not be longer than the term of the person’s appointment as a member.\nA vacancy occurs in the office of chair if the person holding office—\nresigns from office by giving the Minister a notice of resignation; or\nstops being a member.\nHowever, a person may continue to be a member after resigning the office of chair.\n(sec.27-ssec.1) The Minister must nominate 1 of the persons mentioned in section 22 (b) (iv) to be the chair of the authority.\n(sec.27-ssec.2) The Governor in Council must appoint the person nominated by the Minister as the chair.\n(sec.27-ssec.3) The person may be appointed as the chair at the same time the person is appointed as a member.\n(sec.27-ssec.4) The chair holds office for the term of the person’s appointment as chair.\n(sec.27-ssec.5) However, the term mentioned in subsection (4) can not be longer than the term of the person’s appointment as a member.\n(sec.27-ssec.6) A vacancy occurs in the office of chair if the person holding office— resigns from office by giving the Minister a notice of resignation; or stops being a member.\n(sec.27-ssec.7) However, a person may continue to be a member after resigning the office of chair.\n- (a) resigns from office by giving the Minister a notice of resignation; or\n- (b) stops being a member.","sortOrder":34},{"sectionNumber":"sec.28","sectionType":"section","heading":"Deputy chair","content":"### sec.28 Deputy chair\n\nThe authority must appoint a member, other than the chair, as its deputy chair.\nThe deputy chair holds office for the term decided by the authority.\nA vacancy occurs in the office of deputy chair if the person holding office—\nresigns from office by giving the authority a notice of resignation; or\nstops being a member.\nHowever, a person may continue to be a member after resigning the office of deputy chair.\nThe deputy chair is to act as chair—\nduring a vacancy in the office of chair; and\nduring all periods when the chair is absent from duty or, for another reason, can not perform the functions of the office.\n(sec.28-ssec.1) The authority must appoint a member, other than the chair, as its deputy chair.\n(sec.28-ssec.2) The deputy chair holds office for the term decided by the authority.\n(sec.28-ssec.3) A vacancy occurs in the office of deputy chair if the person holding office— resigns from office by giving the authority a notice of resignation; or stops being a member.\n(sec.28-ssec.4) However, a person may continue to be a member after resigning the office of deputy chair.\n(sec.28-ssec.5) The deputy chair is to act as chair— during a vacancy in the office of chair; and during all periods when the chair is absent from duty or, for another reason, can not perform the functions of the office.\n- (a) resigns from office by giving the authority a notice of resignation; or\n- (b) stops being a member.\n- (a) during a vacancy in the office of chair; and\n- (b) during all periods when the chair is absent from duty or, for another reason, can not perform the functions of the office.","sortOrder":35},{"sectionNumber":"sec.29","sectionType":"section","heading":"Disqualification","content":"### sec.29 Disqualification\n\nA person is disqualified from becoming, or continuing as, a member if the person—\nhas a conviction, other than a spent conviction, for an indictable offence, unless the Minister has taken action under subsection (4) for the conviction; or\nis an insolvent under administration, unless the Minister has taken action under subsection (4) for the insolvency; or\nis not able to manage a corporation because of the Corporations Act , part 2D .6.\nA person is also disqualified from—\nbecoming a member if the person does not consent to the Minister requesting a report about the person’s criminal history under section 42 ; or\ncontinuing as a member if the person is absent from 3 consecutive meetings of the authority, of which proper notice has been given, unless—\nthe authority has given permission for the person to be absent from the meetings; or\nthe meetings occurred during the period of a leave of absence approved for the member by the Minister under section 30 .\nThe Minister may act under subsection (4) if the Minister considers it would be reasonable to do so, having regard to—\nthe circumstances of an offence of which a person has been convicted; or\nthe circumstances under which a person became an insolvent under administration.\nThe Minister may—\nif the person was a member when the person was convicted or became an insolvent under administration, and the term of the person’s appointment as a member has not since ended, give the chair and the person notice (the approval notice ) that—\nthe person is restored as a member; and\nthe person may be later reappointed, despite the conviction or being an insolvent under administration; or\notherwise—give written approval for the person to become a member despite the conviction or being an insolvent under administration.\nThe person is restored as a member on the day the chair receives the approval notice.\nThe restored member’s term of appointment as a member ends when it would have ended if the member had not been convicted of the offence or become an insolvent under administration.\ns 29 amd 2023 No. 23 s 247 sch 1 s 14\n(sec.29-ssec.1) A person is disqualified from becoming, or continuing as, a member if the person— has a conviction, other than a spent conviction, for an indictable offence, unless the Minister has taken action under subsection (4) for the conviction; or is an insolvent under administration, unless the Minister has taken action under subsection (4) for the insolvency; or is not able to manage a corporation because of the Corporations Act , part 2D .6.\n(sec.29-ssec.2) A person is also disqualified from— becoming a member if the person does not consent to the Minister requesting a report about the person’s criminal history under section 42 ; or continuing as a member if the person is absent from 3 consecutive meetings of the authority, of which proper notice has been given, unless— the authority has given permission for the person to be absent from the meetings; or the meetings occurred during the period of a leave of absence approved for the member by the Minister under section 30 .\n(sec.29-ssec.3) The Minister may act under subsection (4) if the Minister considers it would be reasonable to do so, having regard to— the circumstances of an offence of which a person has been convicted; or the circumstances under which a person became an insolvent under administration.\n(sec.29-ssec.4) The Minister may— if the person was a member when the person was convicted or became an insolvent under administration, and the term of the person’s appointment as a member has not since ended, give the chair and the person notice (the approval notice ) that— the person is restored as a member; and the person may be later reappointed, despite the conviction or being an insolvent under administration; or otherwise—give written approval for the person to become a member despite the conviction or being an insolvent under administration.\n(sec.29-ssec.5) The person is restored as a member on the day the chair receives the approval notice.\n(sec.29-ssec.6) The restored member’s term of appointment as a member ends when it would have ended if the member had not been convicted of the offence or become an insolvent under administration.\n- (a) has a conviction, other than a spent conviction, for an indictable offence, unless the Minister has taken action under subsection (4) for the conviction; or\n- (b) is an insolvent under administration, unless the Minister has taken action under subsection (4) for the insolvency; or\n- (c) is not able to manage a corporation because of the Corporations Act , part 2D .6.\n- (a) becoming a member if the person does not consent to the Minister requesting a report about the person’s criminal history under section 42 ; or\n- (b) continuing as a member if the person is absent from 3 consecutive meetings of the authority, of which proper notice has been given, unless— (i) the authority has given permission for the person to be absent from the meetings; or (ii) the meetings occurred during the period of a leave of absence approved for the member by the Minister under section 30 .\n- (i) the authority has given permission for the person to be absent from the meetings; or\n- (ii) the meetings occurred during the period of a leave of absence approved for the member by the Minister under section 30 .\n- (i) the authority has given permission for the person to be absent from the meetings; or\n- (ii) the meetings occurred during the period of a leave of absence approved for the member by the Minister under section 30 .\n- (a) the circumstances of an offence of which a person has been convicted; or\n- (b) the circumstances under which a person became an insolvent under administration.\n- (a) if the person was a member when the person was convicted or became an insolvent under administration, and the term of the person’s appointment as a member has not since ended, give the chair and the person notice (the approval notice ) that— (i) the person is restored as a member; and (ii) the person may be later reappointed, despite the conviction or being an insolvent under administration; or\n- (i) the person is restored as a member; and\n- (ii) the person may be later reappointed, despite the conviction or being an insolvent under administration; or\n- (b) otherwise—give written approval for the person to become a member despite the conviction or being an insolvent under administration.\n- (i) the person is restored as a member; and\n- (ii) the person may be later reappointed, despite the conviction or being an insolvent under administration; or","sortOrder":36},{"sectionNumber":"sec.30","sectionType":"section","heading":"Leave of absence","content":"### sec.30 Leave of absence\n\nThe Minister may approve a leave of absence for a member.\nThe Minister may appoint another person to act in the office of the member during the leave of absence.\nSubsection (2) does not limit the power of the Governor in Council, under the Acts Interpretation Act 1954 , section 25 (1) (b) (v) to appoint a person to act in the office during the leave of absence.\nIf the Minister approves a leave of absence for the deputy chair, the authority may appoint another member to be the deputy chair during the leave of absence.\n(sec.30-ssec.1) The Minister may approve a leave of absence for a member.\n(sec.30-ssec.2) The Minister may appoint another person to act in the office of the member during the leave of absence.\n(sec.30-ssec.3) Subsection (2) does not limit the power of the Governor in Council, under the Acts Interpretation Act 1954 , section 25 (1) (b) (v) to appoint a person to act in the office during the leave of absence.\n(sec.30-ssec.4) If the Minister approves a leave of absence for the deputy chair, the authority may appoint another member to be the deputy chair during the leave of absence.","sortOrder":37},{"sectionNumber":"sec.31","sectionType":"section","heading":"Resignation","content":"### sec.31 Resignation\n\nA member may resign by signed notice given to the Minister.\nThe resignation takes effect on—\nthe day the notice is given; or\nif a later day is stated in the notice—the later day.\n(sec.31-ssec.1) A member may resign by signed notice given to the Minister.\n(sec.31-ssec.2) The resignation takes effect on— the day the notice is given; or if a later day is stated in the notice—the later day.\n- (a) the day the notice is given; or\n- (b) if a later day is stated in the notice—the later day.","sortOrder":38},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Chief executive officer","content":"## Chief executive officer","sortOrder":39},{"sectionNumber":"sec.32","sectionType":"section","heading":"Appointment","content":"### sec.32 Appointment\n\nThe authority must have a chief executive officer.\nThe chief executive officer is appointed by the Governor in Council, on recommendation from the Minister after consultation with the authority.\n(sec.32-ssec.1) The authority must have a chief executive officer.\n(sec.32-ssec.2) The chief executive officer is appointed by the Governor in Council, on recommendation from the Minister after consultation with the authority.","sortOrder":40},{"sectionNumber":"sec.33","sectionType":"section","heading":"Term of appointment","content":"### sec.33 Term of appointment\n\nThe chief executive officer is appointed for the term, of not more than 5 years, stated in the chief executive officer’s instrument of appointment.","sortOrder":41},{"sectionNumber":"sec.34","sectionType":"section","heading":"Conditions of appointment","content":"### sec.34 Conditions of appointment\n\nThe chief executive officer is to be paid the remuneration and allowances decided by the Governor in Council.\nFor matters not provided for in this Act, the chief executive officer holds office on the terms and conditions of appointment decided by the Governor in Council.\n(sec.34-ssec.1) The chief executive officer is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.34-ssec.2) For matters not provided for in this Act, the chief executive officer holds office on the terms and conditions of appointment decided by the Governor in Council.","sortOrder":42},{"sectionNumber":"sec.35","sectionType":"section","heading":"Preservation of existing rights and entitlements","content":"### sec.35 Preservation of existing rights and entitlements\n\nThe Public Sector Act 2022 does not apply to the chief executive officer’s appointment.\nHowever, if a person appointed as chief executive officer was, immediately before taking up the appointment, a public service employee—\nthe person is entitled to retain all existing and accruing rights as if service as the chief executive officer were a continuation of service as a public service employee; and\nthe person retains all existing and accruing rights relating to superannuation.\nIf a person is appointed as a public service employee and was, immediately before taking up the appointment, the chief executive officer of the authority, the person’s service as chief executive officer must be regarded as service as a public service employee.\ns 35 amd 2016 No. 64 s 79 sch 1 ; 2022 No. 34 s 365 sch 3\n(sec.35-ssec.1) The Public Sector Act 2022 does not apply to the chief executive officer’s appointment.\n(sec.35-ssec.2) However, if a person appointed as chief executive officer was, immediately before taking up the appointment, a public service employee— the person is entitled to retain all existing and accruing rights as if service as the chief executive officer were a continuation of service as a public service employee; and the person retains all existing and accruing rights relating to superannuation.\n(sec.35-ssec.3) If a person is appointed as a public service employee and was, immediately before taking up the appointment, the chief executive officer of the authority, the person’s service as chief executive officer must be regarded as service as a public service employee.\n- (a) the person is entitled to retain all existing and accruing rights as if service as the chief executive officer were a continuation of service as a public service employee; and\n- (b) the person retains all existing and accruing rights relating to superannuation.","sortOrder":43},{"sectionNumber":"sec.36","sectionType":"section","heading":"Responsibilities","content":"### sec.36 Responsibilities\n\nThe chief executive officer is, subject to direction of the authority through its chair, responsible for the effective and efficient administration and operation of the authority.\nWithout limiting subsection (1) , the chief executive officer’s responsibilities include managing staff of the authority in accordance with the requirements of—\nthis Act; and\nfor staff employed by the authority under the Public Sector Act 2022 —that Act.\ns 36 amd 2022 No. 34 s 365 sch 3\n(sec.36-ssec.1) The chief executive officer is, subject to direction of the authority through its chair, responsible for the effective and efficient administration and operation of the authority.\n(sec.36-ssec.2) Without limiting subsection (1) , the chief executive officer’s responsibilities include managing staff of the authority in accordance with the requirements of— this Act; and for staff employed by the authority under the Public Sector Act 2022 —that Act.\n- (a) this Act; and\n- (b) for staff employed by the authority under the Public Sector Act 2022 —that Act.","sortOrder":44},{"sectionNumber":"sec.37","sectionType":"section","heading":"Delegation of responsibilities","content":"### sec.37 Delegation of responsibilities\n\nThe chief executive officer may delegate a function, power or responsibility of the office to an appropriately qualified employee of the authority.","sortOrder":45},{"sectionNumber":"sec.38","sectionType":"section","heading":"Acting chief executive officer","content":"### sec.38 Acting chief executive officer\n\nThe Minister may appoint a person to act as the chief executive officer—\nduring a vacancy in the office of chief executive officer; or\nduring any period when the chief executive officer is absent from duty or can not, for another reason, perform the functions of the office.\nSubsection (1) does not limit the power of the Governor in Council, under the Acts Interpretation Act 1954 , section 25 (1) (b) (v) to appoint a person to act in the office.\n(sec.38-ssec.1) The Minister may appoint a person to act as the chief executive officer— during a vacancy in the office of chief executive officer; or during any period when the chief executive officer is absent from duty or can not, for another reason, perform the functions of the office.\n(sec.38-ssec.2) Subsection (1) does not limit the power of the Governor in Council, under the Acts Interpretation Act 1954 , section 25 (1) (b) (v) to appoint a person to act in the office.\n- (a) during a vacancy in the office of chief executive officer; or\n- (b) during any period when the chief executive officer is absent from duty or can not, for another reason, perform the functions of the office.","sortOrder":46},{"sectionNumber":"sec.39","sectionType":"section","heading":"Resignation","content":"### sec.39 Resignation\n\nThe chief executive officer may resign by signed notice given to the Minister.\nThe resignation takes effect on—\nthe day the notice is given; or\nif a later day is stated in the notice—the later day.\n(sec.39-ssec.1) The chief executive officer may resign by signed notice given to the Minister.\n(sec.39-ssec.2) The resignation takes effect on— the day the notice is given; or if a later day is stated in the notice—the later day.\n- (a) the day the notice is given; or\n- (b) if a later day is stated in the notice—the later day.","sortOrder":47},{"sectionNumber":"pt.2-div.7","sectionType":"division","heading":"Staff","content":"## Staff","sortOrder":48},{"sectionNumber":"sec.40","sectionType":"section","heading":"Employment of staff under Public Sector Act 2022","content":"### sec.40 Employment of staff under Public Sector Act 2022\n\nThe authority may employ staff as it considers appropriate to perform its functions or exercise its powers.\nSubject to section 41 , staff of the authority are appointed under the Public Sector Act 2022 .\ns 40 amd 2022 No. 34 s 365 sch 3\n(sec.40-ssec.1) The authority may employ staff as it considers appropriate to perform its functions or exercise its powers.\n(sec.40-ssec.2) Subject to section 41 , staff of the authority are appointed under the Public Sector Act 2022 .","sortOrder":49},{"sectionNumber":"sec.41","sectionType":"section","heading":"Employment of staff on casual basis","content":"### sec.41 Employment of staff on casual basis\n\nThe authority may employ staff on a casual basis under this section to help the authority perform its functions under division 2 .\nStaff employed by the authority under this section are—\nentitled to be paid the remuneration and allowances decided by the Governor in Council; and\nnot subject to any industrial instrument or any determination or rule of an industrial tribunal; and\nsubject to the direction and control of the chief executive officer.\nTo remove any doubt, it is declared that a person employed under this section may be simultaneously employed in another capacity under the Public Sector Act 2022 .\nIn this section—\nindustrial instrument see the Industrial Relations Act 2016 , schedule 5 .\ns 41 amd 2016 No. 63 s 1157 sch 6 ; 2022 No. 34 s 365 sch 3\n(sec.41-ssec.1) The authority may employ staff on a casual basis under this section to help the authority perform its functions under division 2 .\n(sec.41-ssec.2) Staff employed by the authority under this section are— entitled to be paid the remuneration and allowances decided by the Governor in Council; and not subject to any industrial instrument or any determination or rule of an industrial tribunal; and subject to the direction and control of the chief executive officer.\n(sec.41-ssec.3) To remove any doubt, it is declared that a person employed under this section may be simultaneously employed in another capacity under the Public Sector Act 2022 .\n(sec.41-ssec.4) In this section— industrial instrument see the Industrial Relations Act 2016 , schedule 5 .\n- (a) entitled to be paid the remuneration and allowances decided by the Governor in Council; and\n- (b) not subject to any industrial instrument or any determination or rule of an industrial tribunal; and\n- (c) subject to the direction and control of the chief executive officer.","sortOrder":50},{"sectionNumber":"pt.2-div.8","sectionType":"division","heading":"Criminal history","content":"## Criminal history","sortOrder":51},{"sectionNumber":"sec.42","sectionType":"section","heading":"Criminal history report","content":"### sec.42 Criminal history report\n\nThe Minister may investigate—\na member, or prospective member, to decide if the person is disqualified under section 29 from being, or becoming, a member; or\na prospective chief executive officer, to decide if the person is an appropriate person for performing the functions, exercising the powers or carrying out the responsibilities, of the chief executive officer; or\nthe chief executive officer, to decide whether to terminate the person’s appointment as chief executive officer under section 32 .\nWithout limiting subsection (1) , the Minister may ask the commissioner of police for—\na written report about the criminal history of a person mentioned in subsection (1) (a) to (c) ; and\na brief description of the circumstances of a conviction mentioned in the criminal history.\nHowever, the Minister may make the request only if the person about whom the report will be created has given the Minister written consent for the request.\nThe commissioner of police must comply with the request.\nHowever, the duty to comply applies only to information in the commissioner’s possession or to which the commissioner has access.\nThe Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\n(sec.42-ssec.1) The Minister may investigate— a member, or prospective member, to decide if the person is disqualified under section 29 from being, or becoming, a member; or a prospective chief executive officer, to decide if the person is an appropriate person for performing the functions, exercising the powers or carrying out the responsibilities, of the chief executive officer; or the chief executive officer, to decide whether to terminate the person’s appointment as chief executive officer under section 32 .\n(sec.42-ssec.2) Without limiting subsection (1) , the Minister may ask the commissioner of police for— a written report about the criminal history of a person mentioned in subsection (1) (a) to (c) ; and a brief description of the circumstances of a conviction mentioned in the criminal history.\n(sec.42-ssec.3) However, the Minister may make the request only if the person about whom the report will be created has given the Minister written consent for the request.\n(sec.42-ssec.4) The commissioner of police must comply with the request.\n(sec.42-ssec.5) However, the duty to comply applies only to information in the commissioner’s possession or to which the commissioner has access.\n(sec.42-ssec.6) The Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\n- (a) a member, or prospective member, to decide if the person is disqualified under section 29 from being, or becoming, a member; or\n- (b) a prospective chief executive officer, to decide if the person is an appropriate person for performing the functions, exercising the powers or carrying out the responsibilities, of the chief executive officer; or\n- (c) the chief executive officer, to decide whether to terminate the person’s appointment as chief executive officer under section 32 .\n- (a) a written report about the criminal history of a person mentioned in subsection (1) (a) to (c) ; and\n- (b) a brief description of the circumstances of a conviction mentioned in the criminal history.","sortOrder":52},{"sectionNumber":"sec.43","sectionType":"section","heading":"Criminal history reports confidential","content":"### sec.43 Criminal history reports confidential\n\nThis section applies to a person who possesses a report, or information contained in a report, given under section 42 , because the person is or was an officer, employee or agent of the department or the authority.\nThe person must not, directly or indirectly, disclose the report or information to any other person unless the disclosure is permitted under subsection (3) .\nMaximum penalty—100 penalty units.\nThe person is permitted to disclose the report or information to another person—\nto the extent necessary to perform the person’s functions under this Act; or\nif the disclosure is authorised under an Act; or\nif the disclosure is otherwise required or permitted by law; or\nif the person to whom the disclosure relates consents to the disclosure; or\nif the disclosure is in a form that does not identify the person to whom the information relates; or\nif the information is, or has been, lawfully accessible to the public.\n(sec.43-ssec.1) This section applies to a person who possesses a report, or information contained in a report, given under section 42 , because the person is or was an officer, employee or agent of the department or the authority.\n(sec.43-ssec.2) The person must not, directly or indirectly, disclose the report or information to any other person unless the disclosure is permitted under subsection (3) . Maximum penalty—100 penalty units.\n(sec.43-ssec.3) The person is permitted to disclose the report or information to another person— to the extent necessary to perform the person’s functions under this Act; or if the disclosure is authorised under an Act; or if the disclosure is otherwise required or permitted by law; or if the person to whom the disclosure relates consents to the disclosure; or if the disclosure is in a form that does not identify the person to whom the information relates; or if the information is, or has been, lawfully accessible to the public.\n- (a) to the extent necessary to perform the person’s functions under this Act; or\n- (b) if the disclosure is authorised under an Act; or\n- (c) if the disclosure is otherwise required or permitted by law; or\n- (d) if the person to whom the disclosure relates consents to the disclosure; or\n- (e) if the disclosure is in a form that does not identify the person to whom the information relates; or\n- (f) if the information is, or has been, lawfully accessible to the public.","sortOrder":53},{"sectionNumber":"sec.44","sectionType":"section","heading":"Changes in criminal history must be disclosed","content":"### sec.44 Changes in criminal history must be disclosed\n\nIf there is a change in the criminal history of a person who is a member or the chief executive officer, the person must, unless the person has a reasonable excuse, immediately give notice (the notice ) of the change to the Minister.\nMaximum penalty—100 penalty units.\nThe notice must include all of the following—\nthe existence of the conviction;\nwhen the offence was committed;\ndetails adequate to identify the offence;\nthe sentence imposed on the person.\nIf a person does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires one.\n(sec.44-ssec.1) If there is a change in the criminal history of a person who is a member or the chief executive officer, the person must, unless the person has a reasonable excuse, immediately give notice (the notice ) of the change to the Minister. Maximum penalty—100 penalty units.\n(sec.44-ssec.2) The notice must include all of the following— the existence of the conviction; when the offence was committed; details adequate to identify the offence; the sentence imposed on the person.\n(sec.44-ssec.3) If a person does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires one.\n- (a) the existence of the conviction;\n- (b) when the offence was committed;\n- (c) details adequate to identify the offence;\n- (d) the sentence imposed on the person.","sortOrder":54},{"sectionNumber":"pt.2-div.9","sectionType":"division","heading":"Reporting","content":"## Reporting","sortOrder":55},{"sectionNumber":"sec.45","sectionType":"section","heading":"Financial reporting","content":"### sec.45 Financial reporting\n\nFor each financial year, the authority must develop and adopt a budget and give it to the Minister by the required day.\nDuring a financial year, the authority may develop, adopt and give the Minister amendments of the approved budget for the year.\nA budget or budget amendment has no effect until the Minister approves it.\nThe authority must comply with its approved budget, as amended by any approved budget amendment, for the financial year.\nIn this section—\nrequired day means the day directed by the Minister.\n(sec.45-ssec.1) For each financial year, the authority must develop and adopt a budget and give it to the Minister by the required day.\n(sec.45-ssec.2) During a financial year, the authority may develop, adopt and give the Minister amendments of the approved budget for the year.\n(sec.45-ssec.3) A budget or budget amendment has no effect until the Minister approves it.\n(sec.45-ssec.4) The authority must comply with its approved budget, as amended by any approved budget amendment, for the financial year.\n(sec.45-ssec.5) In this section— required day means the day directed by the Minister.","sortOrder":56},{"sectionNumber":"sec.46","sectionType":"section","heading":"Annual report","content":"### sec.46 Annual report\n\nThe authority’s annual report, under the FA Act , must include details of—\neach request made by the chief executive under section 66 during the year; and\neach request made by the Minister under section 70 during the year to which the report relates; and\neach direction given by the Minister under section 72 or 73 during the year; and\neach statement of expectations issued during the year; and\neach notice given by the Minister under section 75 during the year; and\na document or information given by the authority under section 75 during the year; and\neach delegation of power to the authority under the National Vocational Education and Training Regulator Act 2011 (Cwlth) , section 224 during the year.\n- (a) each request made by the chief executive under section 66 during the year; and\n- (b) each request made by the Minister under section 70 during the year to which the report relates; and\n- (c) each direction given by the Minister under section 72 or 73 during the year; and\n- (d) each statement of expectations issued during the year; and\n- (e) each notice given by the Minister under section 75 during the year; and\n- (f) a document or information given by the authority under section 75 during the year; and\n- (g) each delegation of power to the authority under the National Vocational Education and Training Regulator Act 2011 (Cwlth) , section 224 during the year.","sortOrder":57},{"sectionNumber":"pt.3","sectionType":"part","heading":"Student accounts","content":"# Student accounts","sortOrder":58},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":59},{"sectionNumber":"sec.47","sectionType":"section","heading":"Definitions for pt 3","content":"### sec.47 Definitions for pt 3\n\nIn this part—\nauthorised agent , of a provider, see section 59 (1) .\neligible option see the E(GP) Act , section 232 .\nexempt provider means an entity that—\nprovides certification studies that are not a component of an eligible option; and\ndoes not provide educational instruction in the certification studies in Queensland.\nplanning activities means—\nplanning activities under the E(GP) Act , section 6 ; and\nmonitoring by the chief executive of the effectiveness of education provided in Queensland for enabling persons to obtain a certificate of achievement.\nprovider means each of the following—\na provider for an eligible option within the meaning of the E(GP) Act , section 232 ;\nan entity that, in Queensland—\nprovides educational instruction in, or carries out assessment of persons for, certification studies that are not a component of an eligible option; and\nissues persons’ results in the certification studies;\nan exempt provider.\nre-engagement activities see the E(GP) Act , section 6 .\n- (a) provides certification studies that are not a component of an eligible option; and\n- (b) does not provide educational instruction in the certification studies in Queensland.\n- (a) planning activities under the E(GP) Act , section 6 ; and\n- (b) monitoring by the chief executive of the effectiveness of education provided in Queensland for enabling persons to obtain a certificate of achievement.\n- (a) a provider for an eligible option within the meaning of the E(GP) Act , section 232 ;\n- (b) an entity that, in Queensland— (i) provides educational instruction in, or carries out assessment of persons for, certification studies that are not a component of an eligible option; and (ii) issues persons’ results in the certification studies;\n- (i) provides educational instruction in, or carries out assessment of persons for, certification studies that are not a component of an eligible option; and\n- (ii) issues persons’ results in the certification studies;\n- (c) an exempt provider.\n- (i) provides educational instruction in, or carries out assessment of persons for, certification studies that are not a component of an eligible option; and\n- (ii) issues persons’ results in the certification studies;","sortOrder":60},{"sectionNumber":"sec.48","sectionType":"section","heading":"Meaning of student account","content":"### sec.48 Meaning of student account\n\nA student account is a record kept for a person to record information about—\nthe person’s results in certification studies; and\nfor a person in the compulsory participation phase—the person’s participation in eligible options during the compulsory participation phase.\n- (a) the person’s results in certification studies; and\n- (b) for a person in the compulsory participation phase—the person’s participation in eligible options during the compulsory participation phase.","sortOrder":61},{"sectionNumber":"sec.49","sectionType":"section","heading":"Meaning of student account phase","content":"### sec.49 Meaning of student account phase\n\nA young person is in the student account phase if—\nthe person is in the compulsory participation phase; or\nthe person is not yet in the compulsory participation phase but a student account has been opened for the person.\n- (a) the person is in the compulsory participation phase; or\n- (b) the person is not yet in the compulsory participation phase but a student account has been opened for the person.","sortOrder":62},{"sectionNumber":"sec.50","sectionType":"section","heading":"Purposes for which student accounts kept","content":"### sec.50 Purposes for which student accounts kept\n\nStudent accounts are kept for the following purposes—\nsupporting the authority in performing its functions under sections 15 and 17 ;\nmaking information available to the chief executive to enable the chief executive to carry on planning activities;\nfor student accounts kept for young persons in the compulsory participation phase—making information available to the chief executive to enable the chief executive to carry on re-engagement activities.\ns 50 amd 2018 No. 1 s 139\n- (a) supporting the authority in performing its functions under sections 15 and 17 ;\n- (b) making information available to the chief executive to enable the chief executive to carry on planning activities;\n- (c) for student accounts kept for young persons in the compulsory participation phase—making information available to the chief executive to enable the chief executive to carry on re-engagement activities.","sortOrder":63},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Opening student accounts","content":"## Opening student accounts","sortOrder":64},{"sectionNumber":"sec.51","sectionType":"section","heading":"Obligation to open student account for young persons entering compulsory participation phase","content":"### sec.51 Obligation to open student account for young persons entering compulsory participation phase\n\nA student account must be opened for a young person within 1 year before the start of the person’s compulsory participation phase.\nThe student account must be opened for the young person by—\nif the person is enrolled with a school—the school’s principal; or\notherwise—the chief executive.\nThe principal or chief executive opens the student account for the young person by giving the authority the information about the person prescribed under a regulation.\n(sec.51-ssec.1) A student account must be opened for a young person within 1 year before the start of the person’s compulsory participation phase.\n(sec.51-ssec.2) The student account must be opened for the young person by— if the person is enrolled with a school—the school’s principal; or otherwise—the chief executive.\n(sec.51-ssec.3) The principal or chief executive opens the student account for the young person by giving the authority the information about the person prescribed under a regulation.\n- (a) if the person is enrolled with a school—the school’s principal; or\n- (b) otherwise—the chief executive.","sortOrder":65},{"sectionNumber":"sec.52","sectionType":"section","heading":"Obligation to open student account for particular young persons","content":"### sec.52 Obligation to open student account for particular young persons\n\nThis section applies if—\nthe authority receives information from a provider under section 56 (1) about a young person who is in the compulsory participation phase; and\nno student account is open for the person.\nThe authority must—\nrequest the provider give it further information prescribed under a regulation; and\nas soon as practicable after the provider gives the further information to the authority—open a student account for the young person.\n(sec.52-ssec.1) This section applies if— the authority receives information from a provider under section 56 (1) about a young person who is in the compulsory participation phase; and no student account is open for the person.\n(sec.52-ssec.2) The authority must— request the provider give it further information prescribed under a regulation; and as soon as practicable after the provider gives the further information to the authority—open a student account for the young person.\n- (a) the authority receives information from a provider under section 56 (1) about a young person who is in the compulsory participation phase; and\n- (b) no student account is open for the person.\n- (a) request the provider give it further information prescribed under a regulation; and\n- (b) as soon as practicable after the provider gives the further information to the authority—open a student account for the young person.","sortOrder":66},{"sectionNumber":"sec.53","sectionType":"section","heading":"Student accounts may be opened for students of recognised schools","content":"### sec.53 Student accounts may be opened for students of recognised schools\n\nA student account may be opened for a person who is enrolled to undertake certification studies at a recognised school.\nThe recognised school, or the chief executive, opens the student account for the person by giving the authority the information about the person prescribed under a regulation.\n(sec.53-ssec.1) A student account may be opened for a person who is enrolled to undertake certification studies at a recognised school.\n(sec.53-ssec.2) The recognised school, or the chief executive, opens the student account for the person by giving the authority the information about the person prescribed under a regulation.","sortOrder":67},{"sectionNumber":"sec.54","sectionType":"section","heading":"Student accounts may be opened for other persons in particular circumstances","content":"### sec.54 Student accounts may be opened for other persons in particular circumstances\n\nThis section applies if a person wishes to have a student account opened for the person but is not—\nin the student account phase; or\nof compulsory school age or younger.\nThe person may give the information about the person prescribed under a regulation to—\nthe chief executive; or\nif the person is enrolled in certification studies with a provider other than an exempt provider—the provider.\nWhen the person gives the chief executive, or the provider, information under subsection (2) the person may ask the chief executive or provider to open the account for the person.\nThe chief executive or the provider opens the account for the person by giving the authority the information given by the person under subsection (2) .\nIn this section—\ncompulsory school age see the E(GP) Act , section 9 .\n(sec.54-ssec.1) This section applies if a person wishes to have a student account opened for the person but is not— in the student account phase; or of compulsory school age or younger.\n(sec.54-ssec.2) The person may give the information about the person prescribed under a regulation to— the chief executive; or if the person is enrolled in certification studies with a provider other than an exempt provider—the provider.\n(sec.54-ssec.3) When the person gives the chief executive, or the provider, information under subsection (2) the person may ask the chief executive or provider to open the account for the person.\n(sec.54-ssec.4) The chief executive or the provider opens the account for the person by giving the authority the information given by the person under subsection (2) .\n(sec.54-ssec.5) In this section— compulsory school age see the E(GP) Act , section 9 .\n- (a) in the student account phase; or\n- (b) of compulsory school age or younger.\n- (a) the chief executive; or\n- (b) if the person is enrolled in certification studies with a provider other than an exempt provider—the provider.","sortOrder":68},{"sectionNumber":"sec.55","sectionType":"section","heading":"Authority must assign account number etc.","content":"### sec.55 Authority must assign account number etc.\n\nAfter a student account is opened for a person, the authority must—\nassign a number (the account number ) for the student account; and\ngive the entity that opened the account a notice stating the account number and that the account has been opened for the person.\n- (a) assign a number (the account number ) for the student account; and\n- (b) give the entity that opened the account a notice stating the account number and that the account has been opened for the person.","sortOrder":69},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Provision of student account information to authority","content":"## Provision of student account information to authority","sortOrder":70},{"sectionNumber":"sec.56","sectionType":"section","heading":"Obligation to notify enrolments","content":"### sec.56 Obligation to notify enrolments\n\nIf a young person in the student account phase enrols with a provider in a program or course that is a component of an eligible option, the provider must give the authority the information about the person prescribed under a regulation.\nSubsection (3) applies if—\na person for whom a student account is open enrols with a provider, other than an exempt provider, in certification studies; and\nthe provider has the account number for the person’s student account; and\nthe provider is not required to give the authority information under subsection (1) .\nThe provider must give the authority the information about the person prescribed under a regulation.\nIf a person for whom a student account is open enrols in certification studies at a recognised school and the recognised school has the account number for the person’s student account, the recognised school must give the authority the information about the person prescribed under a regulation.\n(sec.56-ssec.1) If a young person in the student account phase enrols with a provider in a program or course that is a component of an eligible option, the provider must give the authority the information about the person prescribed under a regulation.\n(sec.56-ssec.2) Subsection (3) applies if— a person for whom a student account is open enrols with a provider, other than an exempt provider, in certification studies; and the provider has the account number for the person’s student account; and the provider is not required to give the authority information under subsection (1) .\n(sec.56-ssec.3) The provider must give the authority the information about the person prescribed under a regulation.\n(sec.56-ssec.4) If a person for whom a student account is open enrols in certification studies at a recognised school and the recognised school has the account number for the person’s student account, the recognised school must give the authority the information about the person prescribed under a regulation.\n- (a) a person for whom a student account is open enrols with a provider, other than an exempt provider, in certification studies; and\n- (b) the provider has the account number for the person’s student account; and\n- (c) the provider is not required to give the authority information under subsection (1) .","sortOrder":71},{"sectionNumber":"sec.57","sectionType":"section","heading":"Obligation to notify result information","content":"### sec.57 Obligation to notify result information\n\nThis section applies if a person is, or was, enrolled in certification studies with a provider or a recognised school.\nThe provider or recognised school must give the authority, at the time and in the way prescribed under a regulation, result information about the person if—\nfor a provider—either—\nthe person is in the student account phase; or\na student account is open for the person and the provider has the account number for the person’s student account; or\nfor a recognised school—a student account is open for the person and the recognised school has the account number for the person’s student account.\nIn this section—\nresult information , about a person, means—\nthe results of the assessment of the person, carried out by a provider or recognised school for certification studies; and\nwhen the results were achieved; and\nthe qualifications the provider or recognised school conferred on the person and when the qualifications were conferred; and\nif the information is being given by a recognised school—\nany qualifications for certification studies that have been conferred on the person by another entity; and\nwhen the qualifications were conferred.\n(sec.57-ssec.1) This section applies if a person is, or was, enrolled in certification studies with a provider or a recognised school.\n(sec.57-ssec.2) The provider or recognised school must give the authority, at the time and in the way prescribed under a regulation, result information about the person if— for a provider—either— the person is in the student account phase; or a student account is open for the person and the provider has the account number for the person’s student account; or for a recognised school—a student account is open for the person and the recognised school has the account number for the person’s student account.\n(sec.57-ssec.3) In this section— result information , about a person, means— the results of the assessment of the person, carried out by a provider or recognised school for certification studies; and when the results were achieved; and the qualifications the provider or recognised school conferred on the person and when the qualifications were conferred; and if the information is being given by a recognised school— any qualifications for certification studies that have been conferred on the person by another entity; and when the qualifications were conferred.\n- (a) for a provider—either— (i) the person is in the student account phase; or (ii) a student account is open for the person and the provider has the account number for the person’s student account; or\n- (i) the person is in the student account phase; or\n- (ii) a student account is open for the person and the provider has the account number for the person’s student account; or\n- (b) for a recognised school—a student account is open for the person and the recognised school has the account number for the person’s student account.\n- (i) the person is in the student account phase; or\n- (ii) a student account is open for the person and the provider has the account number for the person’s student account; or\n- (a) the results of the assessment of the person, carried out by a provider or recognised school for certification studies; and\n- (b) when the results were achieved; and\n- (c) the qualifications the provider or recognised school conferred on the person and when the qualifications were conferred; and\n- (d) if the information is being given by a recognised school— (i) any qualifications for certification studies that have been conferred on the person by another entity; and (ii) when the qualifications were conferred.\n- (i) any qualifications for certification studies that have been conferred on the person by another entity; and\n- (ii) when the qualifications were conferred.\n- (i) any qualifications for certification studies that have been conferred on the person by another entity; and\n- (ii) when the qualifications were conferred.","sortOrder":72},{"sectionNumber":"sec.58","sectionType":"section","heading":"Obligation to notify other matters","content":"### sec.58 Obligation to notify other matters\n\nThis section applies if—\na person in the student account phase is, or was, enrolled with a provider; or\na person is, or was, enrolled in certification studies with a provider or recognised school and—\na student account is open for the person; and\nthe provider or recognised school has the account number for the person’s student account; and\nfor a provider—the person is not in the student account phase.\nThe provider or recognised school must, at the time and in the way prescribed under a regulation—\nif the provider or recognised school is aware that information about the person recorded in the person’s student account was, or has become, incorrect—give the authority the correct information; and\nif the provider or recognised school is aware that information it previously gave the authority about the person’s enrolment or results in certification studies was incorrect or has been incorrectly recorded in the person’s student account—give the authority the correct information about the enrolment or results; and\nif the person stops being enrolled with the provider or recognised school—inform the authority as to when the person stopped being enrolled; and\nif the person is in the student account phase and the provider or recognised school becomes aware the person has died—inform the authority that the person has died.\ns 58 amd 2014 No. 25 s 223 sch 1 pt 2\n(sec.58-ssec.1) This section applies if— a person in the student account phase is, or was, enrolled with a provider; or a person is, or was, enrolled in certification studies with a provider or recognised school and— a student account is open for the person; and the provider or recognised school has the account number for the person’s student account; and for a provider—the person is not in the student account phase.\n(sec.58-ssec.2) The provider or recognised school must, at the time and in the way prescribed under a regulation— if the provider or recognised school is aware that information about the person recorded in the person’s student account was, or has become, incorrect—give the authority the correct information; and if the provider or recognised school is aware that information it previously gave the authority about the person’s enrolment or results in certification studies was incorrect or has been incorrectly recorded in the person’s student account—give the authority the correct information about the enrolment or results; and if the person stops being enrolled with the provider or recognised school—inform the authority as to when the person stopped being enrolled; and if the person is in the student account phase and the provider or recognised school becomes aware the person has died—inform the authority that the person has died.\n- (a) a person in the student account phase is, or was, enrolled with a provider; or\n- (b) a person is, or was, enrolled in certification studies with a provider or recognised school and— (i) a student account is open for the person; and (ii) the provider or recognised school has the account number for the person’s student account; and (iii) for a provider—the person is not in the student account phase.\n- (i) a student account is open for the person; and\n- (ii) the provider or recognised school has the account number for the person’s student account; and\n- (iii) for a provider—the person is not in the student account phase.\n- (i) a student account is open for the person; and\n- (ii) the provider or recognised school has the account number for the person’s student account; and\n- (iii) for a provider—the person is not in the student account phase.\n- (a) if the provider or recognised school is aware that information about the person recorded in the person’s student account was, or has become, incorrect—give the authority the correct information; and\n- (b) if the provider or recognised school is aware that information it previously gave the authority about the person’s enrolment or results in certification studies was incorrect or has been incorrectly recorded in the person’s student account—give the authority the correct information about the enrolment or results; and\n- (c) if the person stops being enrolled with the provider or recognised school—inform the authority as to when the person stopped being enrolled; and\n- (d) if the person is in the student account phase and the provider or recognised school becomes aware the person has died—inform the authority that the person has died.","sortOrder":73},{"sectionNumber":"sec.59","sectionType":"section","heading":"Authorised agent may give notice on behalf of provider","content":"### sec.59 Authorised agent may give notice on behalf of provider\n\nA provider may enter into a written agreement with another entity (the authorised agent ) under which the other entity is authorised to act as the provider’s agent for complying with the provider’s obligations to give the authority information (the required information ) under this part.\nIf the authorised agent gives the authority the required information on the provider’s behalf—\nthe provider is taken to have complied with its obligation to give the required information under this part; and\nthe required information is taken to have been given by the provider.\n(sec.59-ssec.1) A provider may enter into a written agreement with another entity (the authorised agent ) under which the other entity is authorised to act as the provider’s agent for complying with the provider’s obligations to give the authority information (the required information ) under this part.\n(sec.59-ssec.2) If the authorised agent gives the authority the required information on the provider’s behalf— the provider is taken to have complied with its obligation to give the required information under this part; and the required information is taken to have been given by the provider.\n- (a) the provider is taken to have complied with its obligation to give the required information under this part; and\n- (b) the required information is taken to have been given by the provider.","sortOrder":74},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Authority to record information in student accounts","content":"## Authority to record information in student accounts","sortOrder":75},{"sectionNumber":"sec.60","sectionType":"section","heading":"Authority must record information","content":"### sec.60 Authority must record information\n\nThe authority must record in a person’s student account information about the person received by the authority—\nunder division 2 or 3 ; or\nfrom the person.\nThe authority may also record in a person’s student account information required for a purpose mentioned in section 50 .\ns 60 amd 2018 No. 1 s 140\n(sec.60-ssec.1) The authority must record in a person’s student account information about the person received by the authority— under division 2 or 3 ; or from the person.\n(sec.60-ssec.2) The authority may also record in a person’s student account information required for a purpose mentioned in section 50 .\n- (a) under division 2 or 3 ; or\n- (b) from the person.","sortOrder":76},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Use of student account information by authority","content":"## Use of student account information by authority","sortOrder":77},{"sectionNumber":"sec.61","sectionType":"section","heading":"Authority may use student account information","content":"### sec.61 Authority may use student account information\n\nThe authority may use information recorded in a student account to perform its functions under sections 15 and 17 .\ns 61 amd 2018 No. 1 s 141","sortOrder":78},{"sectionNumber":"pt.3-div.6","sectionType":"division","heading":"Authority must allow access to student account information","content":"## Authority must allow access to student account information","sortOrder":79},{"sectionNumber":"sec.62","sectionType":"section","heading":"Access to information—providers","content":"### sec.62 Access to information—providers\n\nThis section applies to a provider with which a person (the person ), for whom a student account is open, is enrolled in certification studies.\nIf the provider is a school, the authority must give the provider access to all information recorded in the person’s student account, to help the provider—\ncomply with section 58 ; and\nmanage the education program provided to the person.\nIf the provider is not a school, the authority must give the provider access to—\ninformation about the person, prescribed under a regulation, that is recorded in the person’s student account; and\ninformation about certification studies in which the person is, or was, enrolled with the provider.\nThe purpose of giving access to a provider under subsection (3) is to—\nhelp the provider comply with section 58 ; and\nenable the provider to verify information, prescribed under a regulation, that it holds about the person, for ensuring information it provides to the authority under this part relates to the correct person for whom a student account is kept.\nThe authority must give the authorised agent of a provider access to information about the person, prescribed under a regulation, that is recorded in the student account.\nThe purpose of giving access to the authorised agent of a provider under subsection (5) is to enable the agent to verify information about the person, prescribed under a regulation, that the agent has been given by the provider, for ensuring the information notified to the authority under this part relates to the correct person for whom a student account is kept.\n(sec.62-ssec.1) This section applies to a provider with which a person (the person ), for whom a student account is open, is enrolled in certification studies.\n(sec.62-ssec.2) If the provider is a school, the authority must give the provider access to all information recorded in the person’s student account, to help the provider— comply with section 58 ; and manage the education program provided to the person.\n(sec.62-ssec.3) If the provider is not a school, the authority must give the provider access to— information about the person, prescribed under a regulation, that is recorded in the person’s student account; and information about certification studies in which the person is, or was, enrolled with the provider.\n(sec.62-ssec.4) The purpose of giving access to a provider under subsection (3) is to— help the provider comply with section 58 ; and enable the provider to verify information, prescribed under a regulation, that it holds about the person, for ensuring information it provides to the authority under this part relates to the correct person for whom a student account is kept.\n(sec.62-ssec.5) The authority must give the authorised agent of a provider access to information about the person, prescribed under a regulation, that is recorded in the student account.\n(sec.62-ssec.6) The purpose of giving access to the authorised agent of a provider under subsection (5) is to enable the agent to verify information about the person, prescribed under a regulation, that the agent has been given by the provider, for ensuring the information notified to the authority under this part relates to the correct person for whom a student account is kept.\n- (a) comply with section 58 ; and\n- (b) manage the education program provided to the person.\n- (a) information about the person, prescribed under a regulation, that is recorded in the person’s student account; and\n- (b) information about certification studies in which the person is, or was, enrolled with the provider.\n- (a) help the provider comply with section 58 ; and\n- (b) enable the provider to verify information, prescribed under a regulation, that it holds about the person, for ensuring information it provides to the authority under this part relates to the correct person for whom a student account is kept.","sortOrder":80},{"sectionNumber":"sec.63","sectionType":"section","heading":"Access to information—recognised schools","content":"### sec.63 Access to information—recognised schools\n\nThe authority must give a recognised school access to all information recorded in a student account kept for a person enrolled at the recognised school in certification studies.\nThe purpose of giving the access to the recognised school under subsection (1) is to—\nhelp the recognised school comply with section 58 ; and\nmanage the education program provided for the person.\n(sec.63-ssec.1) The authority must give a recognised school access to all information recorded in a student account kept for a person enrolled at the recognised school in certification studies.\n(sec.63-ssec.2) The purpose of giving the access to the recognised school under subsection (1) is to— help the recognised school comply with section 58 ; and manage the education program provided for the person.\n- (a) help the recognised school comply with section 58 ; and\n- (b) manage the education program provided for the person.","sortOrder":81},{"sectionNumber":"sec.64","sectionType":"section","heading":"Access to information by person for whom student account kept","content":"### sec.64 Access to information by person for whom student account kept\n\nThe authority must give a person access to information recorded in a student account kept for the person.","sortOrder":82},{"sectionNumber":"pt.3-div.7","sectionType":"division","heading":"Disclosure of student account information by authority","content":"## Disclosure of student account information by authority","sortOrder":83},{"sectionNumber":"sec.65","sectionType":"section","heading":"Disclosure to providers and recognised schools","content":"### sec.65 Disclosure to providers and recognised schools\n\nThe authority may disclose information kept in a student account, prescribed under a regulation, to the following entities, to the extent necessary for the authority to ensure the accuracy of the information—\na provider the authority reasonably believes is able to confirm the accuracy of the information;\nfor a student account for a person enrolled in certification studies at a recognised school—the recognised school.\nHowever, the authority may disclose information about the enrolment or results, in certification studies, of the person for whom the student account is kept only to the provider or recognised school for the studies.\nIf the authority discloses information under subsection (2) , the provider or recognised school must, as soon as practicable—\ndetermine whether the disclosed information is correct; and\nif the disclosed information is incorrect—\nchange the information in the student account so that it is correct; and\ngive the person for whom the student account is kept a notice about the change.\n(sec.65-ssec.1) The authority may disclose information kept in a student account, prescribed under a regulation, to the following entities, to the extent necessary for the authority to ensure the accuracy of the information— a provider the authority reasonably believes is able to confirm the accuracy of the information; for a student account for a person enrolled in certification studies at a recognised school—the recognised school.\n(sec.65-ssec.2) However, the authority may disclose information about the enrolment or results, in certification studies, of the person for whom the student account is kept only to the provider or recognised school for the studies.\n(sec.65-ssec.3) If the authority discloses information under subsection (2) , the provider or recognised school must, as soon as practicable— determine whether the disclosed information is correct; and if the disclosed information is incorrect— change the information in the student account so that it is correct; and give the person for whom the student account is kept a notice about the change.\n- (a) a provider the authority reasonably believes is able to confirm the accuracy of the information;\n- (b) for a student account for a person enrolled in certification studies at a recognised school—the recognised school.\n- (a) determine whether the disclosed information is correct; and\n- (b) if the disclosed information is incorrect— (i) change the information in the student account so that it is correct; and (ii) give the person for whom the student account is kept a notice about the change.\n- (i) change the information in the student account so that it is correct; and\n- (ii) give the person for whom the student account is kept a notice about the change.\n- (i) change the information in the student account so that it is correct; and\n- (ii) give the person for whom the student account is kept a notice about the change.","sortOrder":84},{"sectionNumber":"sec.66","sectionType":"section","heading":"Disclosure to chief executive","content":"### sec.66 Disclosure to chief executive\n\nTo enable the chief executive to carry on planning activities, the authority must give the chief executive, on request, aggregated student account information.\nTo enable the chief executive to carry on re-engagement activities, the authority must give the chief executive, on request, information prescribed under a regulation about a stated young person or all young persons who, according to the person’s or persons’ student accounts—\nis or are in the compulsory participation phase; and\nhas or have stopped being enrolled with a provider in a course or program that is a component of an eligible option; and\nhas or have not re-enrolled with a provider in a course or program that is a component of an eligible option within 30 days after stopping the enrolment mentioned in paragraph (b) .\n(sec.66-ssec.1) To enable the chief executive to carry on planning activities, the authority must give the chief executive, on request, aggregated student account information.\n(sec.66-ssec.2) To enable the chief executive to carry on re-engagement activities, the authority must give the chief executive, on request, information prescribed under a regulation about a stated young person or all young persons who, according to the person’s or persons’ student accounts— is or are in the compulsory participation phase; and has or have stopped being enrolled with a provider in a course or program that is a component of an eligible option; and has or have not re-enrolled with a provider in a course or program that is a component of an eligible option within 30 days after stopping the enrolment mentioned in paragraph (b) .\n- (a) is or are in the compulsory participation phase; and\n- (b) has or have stopped being enrolled with a provider in a course or program that is a component of an eligible option; and\n- (c) has or have not re-enrolled with a provider in a course or program that is a component of an eligible option within 30 days after stopping the enrolment mentioned in paragraph (b) .","sortOrder":85},{"sectionNumber":"sec.67","sectionType":"section","heading":"Disclosure to particular entities","content":"### sec.67 Disclosure to particular entities\n\nThe authority must give a relevant entity the aggregated student account information prescribed under a regulation relating to the entity.\nThe authority must give the relevant entity the information under subsection (1) at the time prescribed under a regulation.\nIn this section—\nrelevant entity means any of the following—\nISQ;\nCEQL;\nthe training chief executive.\ns 67 amd 2014 No. 25 s 223 sch 1 pt 2 ; 2025 No. 24 s 39ZR\n(sec.67-ssec.1) The authority must give a relevant entity the aggregated student account information prescribed under a regulation relating to the entity.\n(sec.67-ssec.2) The authority must give the relevant entity the information under subsection (1) at the time prescribed under a regulation.\n(sec.67-ssec.3) In this section— relevant entity means any of the following— ISQ; CEQL; the training chief executive.\n- (a) ISQ;\n- (b) CEQL;\n- (c) the training chief executive.","sortOrder":86},{"sectionNumber":"sec.68","sectionType":"section","heading":"Disclosure to training chief executive","content":"### sec.68 Disclosure to training chief executive\n\nThe authority must give the training chief executive information prescribed under a regulation, to enable the training department to comply with its reporting obligations under an agreement, prescribed under a regulation, between the State and the Commonwealth.\nThe authority must give the training chief executive the information at the time and in the way prescribed under a regulation.\ns 68 amd 2014 No. 25 s 223 sch 1 pt 2\n(sec.68-ssec.1) The authority must give the training chief executive information prescribed under a regulation, to enable the training department to comply with its reporting obligations under an agreement, prescribed under a regulation, between the State and the Commonwealth.\n(sec.68-ssec.2) The authority must give the training chief executive the information at the time and in the way prescribed under a regulation.","sortOrder":87},{"sectionNumber":"pt.3-div.8","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":88},{"sectionNumber":"sec.69","sectionType":"section","heading":"Chief executive may delegate functions","content":"### sec.69 Chief executive may delegate functions\n\nThe chief executive may delegate the chief executive’s functions and powers under this part to an appropriately qualified officer or employee of the department or the training department.\nA delegation of a function or power may permit the subdelegation of the function or power to an appropriately qualified officer or employee of the department or the training department.\ns 69 amd 2014 No. 25 s 223 sch 1 pt 2\n(sec.69-ssec.1) The chief executive may delegate the chief executive’s functions and powers under this part to an appropriately qualified officer or employee of the department or the training department.\n(sec.69-ssec.2) A delegation of a function or power may permit the subdelegation of the function or power to an appropriately qualified officer or employee of the department or the training department.","sortOrder":89},{"sectionNumber":"pt.4","sectionType":"part","heading":"Minister’s powers","content":"# Minister’s powers","sortOrder":90},{"sectionNumber":"sec.70","sectionType":"section","heading":"Minister may request authority report on its performance","content":"### sec.70 Minister may request authority report on its performance\n\nThe Minister may request the authority report to the Minister about the efficiency, effectiveness, economy and timeliness of the authority and its systems and processes, including its operational processes.\nThe authority must—\ncomply with a request made by the Minister under subsection (1) ; and\ngive its report to the Minister in the way, and at the time, required by the Minister.\n(sec.70-ssec.1) The Minister may request the authority report to the Minister about the efficiency, effectiveness, economy and timeliness of the authority and its systems and processes, including its operational processes.\n(sec.70-ssec.2) The authority must— comply with a request made by the Minister under subsection (1) ; and give its report to the Minister in the way, and at the time, required by the Minister.\n- (a) comply with a request made by the Minister under subsection (1) ; and\n- (b) give its report to the Minister in the way, and at the time, required by the Minister.","sortOrder":91},{"sectionNumber":"sec.71","sectionType":"section","heading":"Minister may refer matter for investigation","content":"### sec.71 Minister may refer matter for investigation\n\nIf the Minister considers it appropriate, the Minister may refer a matter relevant to the authority’s functions to the authority for investigation.\nThe authority must—\ninvestigate the matter; and\nafter completing its investigation—give the Minister a written report about the matter.\nThe authority’s report may include a recommendation about the amendment of, or addition to, its functions.\n(sec.71-ssec.1) If the Minister considers it appropriate, the Minister may refer a matter relevant to the authority’s functions to the authority for investigation.\n(sec.71-ssec.2) The authority must— investigate the matter; and after completing its investigation—give the Minister a written report about the matter.\n(sec.71-ssec.3) The authority’s report may include a recommendation about the amendment of, or addition to, its functions.\n- (a) investigate the matter; and\n- (b) after completing its investigation—give the Minister a written report about the matter.","sortOrder":92},{"sectionNumber":"sec.72","sectionType":"section","heading":"Minister may give direction in the public interest","content":"### sec.72 Minister may give direction in the public interest\n\nThe Minister may give the authority a written direction about a matter relevant to the performance of its functions, if the Minister is satisfied it is necessary, in the public interest, to give the direction.\nThe authority must comply with a direction given by the Minister under subsection (1) .\nWithout limiting subsection (1) , the direction may be that the authority must—\ndevelop or purchase—\na syllabus for stated school subjects; or\na stated type of kindergarten guideline; or\ncomply with a policy, standard or other instrument applying to a public sector unit; or\ncomply with another document including, for example, another policy, standard or instrument.\nHowever, the Minister can not give a direction to the authority about any of the following matters—\nthe content of syllabuses or kindergarten guidelines;\nthe accreditation of kindergarten guidelines;\nthe recording of a particular person’s results in certification studies on a certificate of achievement or a statement of results;\nthe issue of a certificate of achievement prescribed under a regulation to a particular person.\n(sec.72-ssec.1) The Minister may give the authority a written direction about a matter relevant to the performance of its functions, if the Minister is satisfied it is necessary, in the public interest, to give the direction.\n(sec.72-ssec.2) The authority must comply with a direction given by the Minister under subsection (1) .\n(sec.72-ssec.3) Without limiting subsection (1) , the direction may be that the authority must— develop or purchase— a syllabus for stated school subjects; or a stated type of kindergarten guideline; or comply with a policy, standard or other instrument applying to a public sector unit; or comply with another document including, for example, another policy, standard or instrument.\n(sec.72-ssec.4) However, the Minister can not give a direction to the authority about any of the following matters— the content of syllabuses or kindergarten guidelines; the accreditation of kindergarten guidelines; the recording of a particular person’s results in certification studies on a certificate of achievement or a statement of results; the issue of a certificate of achievement prescribed under a regulation to a particular person.\n- (a) develop or purchase— (i) a syllabus for stated school subjects; or (ii) a stated type of kindergarten guideline; or\n- (i) a syllabus for stated school subjects; or\n- (ii) a stated type of kindergarten guideline; or\n- (b) comply with a policy, standard or other instrument applying to a public sector unit; or\n- (c) comply with another document including, for example, another policy, standard or instrument.\n- (i) a syllabus for stated school subjects; or\n- (ii) a stated type of kindergarten guideline; or\n- (a) the content of syllabuses or kindergarten guidelines;\n- (b) the accreditation of kindergarten guidelines;\n- (c) the recording of a particular person’s results in certification studies on a certificate of achievement or a statement of results;\n- (d) the issue of a certificate of achievement prescribed under a regulation to a particular person.","sortOrder":93},{"sectionNumber":"sec.73","sectionType":"section","heading":"Minister may give directions about intellectual property","content":"### sec.73 Minister may give directions about intellectual property\n\nThe Minister may give the authority a written direction about either of the following—\na product—\ncontaining intellectual property held by the authority; or\nfor which the authority holds a licence;\na service provided by the authority that relates to a product mentioned in paragraph (a) .\nWithout limiting subsection (1) , the direction may be about any of the following—\nthe commercial exploitation of a product or service mentioned in subsection (1) ;\nthe granting of a licence to the State;\nthe conditions on which a licence is to be granted to the State, including a condition that no fee is payable by the State for the licence;\nthat a licence not be granted to an entity other than the State;\nthe receipt or payment of monies.\nThe authority must comply with a direction given by the Minister under subsection (1) .\nIn this section—\ncommercially exploit includes sell.\n(sec.73-ssec.1) The Minister may give the authority a written direction about either of the following— a product— containing intellectual property held by the authority; or for which the authority holds a licence; a service provided by the authority that relates to a product mentioned in paragraph (a) .\n(sec.73-ssec.2) Without limiting subsection (1) , the direction may be about any of the following— the commercial exploitation of a product or service mentioned in subsection (1) ; the granting of a licence to the State; the conditions on which a licence is to be granted to the State, including a condition that no fee is payable by the State for the licence; that a licence not be granted to an entity other than the State; the receipt or payment of monies.\n(sec.73-ssec.3) The authority must comply with a direction given by the Minister under subsection (1) .\n(sec.73-ssec.4) In this section— commercially exploit includes sell.\n- (a) a product— (i) containing intellectual property held by the authority; or (ii) for which the authority holds a licence;\n- (i) containing intellectual property held by the authority; or\n- (ii) for which the authority holds a licence;\n- (b) a service provided by the authority that relates to a product mentioned in paragraph (a) .\n- (i) containing intellectual property held by the authority; or\n- (ii) for which the authority holds a licence;\n- (a) the commercial exploitation of a product or service mentioned in subsection (1) ;\n- (b) the granting of a licence to the State;\n- (c) the conditions on which a licence is to be granted to the State, including a condition that no fee is payable by the State for the licence;\n- (d) that a licence not be granted to an entity other than the State;\n- (e) the receipt or payment of monies.","sortOrder":94},{"sectionNumber":"sec.74","sectionType":"section","heading":"Minister may issue statement of expectations","content":"### sec.74 Minister may issue statement of expectations\n\nThe Minister may issue a written statement (a statement of expectations ) to the authority stating the Minister’s expectations for the performance by the authority of its functions.\nA statement of expectations may—\napply for a particular period stated in the statement; and\ninclude provisions about any of the following—\nthe authority’s strategic or operational activities;\nthe key priorities for the authority;\nthe authority’s reporting to the Minister about its strategic or operational activities;\nthe way in which the authority performs its functions or exercises its powers.\nThe authority must have regard to a statement of expectations in performing its functions or exercising its powers.\n(sec.74-ssec.1) The Minister may issue a written statement (a statement of expectations ) to the authority stating the Minister’s expectations for the performance by the authority of its functions.\n(sec.74-ssec.2) A statement of expectations may— apply for a particular period stated in the statement; and include provisions about any of the following— the authority’s strategic or operational activities; the key priorities for the authority; the authority’s reporting to the Minister about its strategic or operational activities; the way in which the authority performs its functions or exercises its powers.\n(sec.74-ssec.3) The authority must have regard to a statement of expectations in performing its functions or exercising its powers.\n- (a) apply for a particular period stated in the statement; and\n- (b) include provisions about any of the following— (i) the authority’s strategic or operational activities; (ii) the key priorities for the authority; (iii) the authority’s reporting to the Minister about its strategic or operational activities; (iv) the way in which the authority performs its functions or exercises its powers.\n- (i) the authority’s strategic or operational activities;\n- (ii) the key priorities for the authority;\n- (iii) the authority’s reporting to the Minister about its strategic or operational activities;\n- (iv) the way in which the authority performs its functions or exercises its powers.\n- (i) the authority’s strategic or operational activities;\n- (ii) the key priorities for the authority;\n- (iii) the authority’s reporting to the Minister about its strategic or operational activities;\n- (iv) the way in which the authority performs its functions or exercises its powers.","sortOrder":95},{"sectionNumber":"sec.75","sectionType":"section","heading":"Minister may require authority to give documents or information","content":"### sec.75 Minister may require authority to give documents or information\n\nThe Minister may, by notice, require the authority to give the Minister documents or information stated in the notice that are relevant to the authority’s functions.\nThe authority must comply with a requirement of the Minister under subsection (1) .\n(sec.75-ssec.1) The Minister may, by notice, require the authority to give the Minister documents or information stated in the notice that are relevant to the authority’s functions.\n(sec.75-ssec.2) The authority must comply with a requirement of the Minister under subsection (1) .","sortOrder":96},{"sectionNumber":"sec.76","sectionType":"section","heading":"Delegation","content":"### sec.76 Delegation\n\nThe Minister may delegate a function or power of the Minister under this Act to an appropriately qualified entity.\nHowever, the Minister can not delegate the following functions or powers under this Act—\nthe power to give a direction to the authority;\nthe power to refer a matter to the authority for investigation;\nthe power to require the authority, or a committee of the authority, to give documents or information;\nthe responsibility for monitoring the authority’s performance.\n(sec.76-ssec.1) The Minister may delegate a function or power of the Minister under this Act to an appropriately qualified entity.\n(sec.76-ssec.2) However, the Minister can not delegate the following functions or powers under this Act— the power to give a direction to the authority; the power to refer a matter to the authority for investigation; the power to require the authority, or a committee of the authority, to give documents or information; the responsibility for monitoring the authority’s performance.\n- (a) the power to give a direction to the authority;\n- (b) the power to refer a matter to the authority for investigation;\n- (c) the power to require the authority, or a committee of the authority, to give documents or information;\n- (d) the responsibility for monitoring the authority’s performance.","sortOrder":97},{"sectionNumber":"pt.5","sectionType":"part","heading":"Review of decisions","content":"# Review of decisions","sortOrder":98},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":99},{"sectionNumber":"sec.77","sectionType":"section","heading":"Who may apply for review","content":"### sec.77 Who may apply for review\n\nA person who is given, or is entitled to be given, an information notice for a reviewable decision may apply for a review of the decision.","sortOrder":100},{"sectionNumber":"sec.78","sectionType":"section","heading":"Review process starts with internal review","content":"### sec.78 Review process starts with internal review\n\nThe review must, in the first instance, be by way of an internal review.","sortOrder":101},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Internal review","content":"## Internal review","sortOrder":102},{"sectionNumber":"sec.79","sectionType":"section","heading":"Internal review application","content":"### sec.79 Internal review application\n\nAn internal review application must—\nbe in writing; and\nstate fully the grounds of the application; and\nbe made within 14 days after—\nthe day the applicant receives the information notice for the reviewable decision; or\nif the applicant does not receive the information notice—the day the applicant becomes aware of the decision.\nDespite subsection (1) (c) , the authority may at any time extend the time within which a person may apply for an internal review of a reviewable decision.\n(sec.79-ssec.1) An internal review application must— be in writing; and state fully the grounds of the application; and be made within 14 days after— the day the applicant receives the information notice for the reviewable decision; or if the applicant does not receive the information notice—the day the applicant becomes aware of the decision.\n(sec.79-ssec.2) Despite subsection (1) (c) , the authority may at any time extend the time within which a person may apply for an internal review of a reviewable decision.\n- (a) be in writing; and\n- (b) state fully the grounds of the application; and\n- (c) be made within 14 days after— (i) the day the applicant receives the information notice for the reviewable decision; or (ii) if the applicant does not receive the information notice—the day the applicant becomes aware of the decision.\n- (i) the day the applicant receives the information notice for the reviewable decision; or\n- (ii) if the applicant does not receive the information notice—the day the applicant becomes aware of the decision.\n- (i) the day the applicant receives the information notice for the reviewable decision; or\n- (ii) if the applicant does not receive the information notice—the day the applicant becomes aware of the decision.","sortOrder":103},{"sectionNumber":"sec.80","sectionType":"section","heading":"Internal review officer","content":"### sec.80 Internal review officer\n\nThe authority must, as soon as reasonably practicable after receiving an internal review application, appoint an internal review officer to review the reviewable decision.\nThe internal review officer must not be the person who assisted the authority in making the reviewable decision.\nIn reviewing the reviewable decision, the internal review officer must—\nhave regard to documents or information the officer reasonably considers relevant to the decision, including the reasons for the decision and the documents or information on which it was based; and\ngive the applicant a reasonable opportunity to make oral or written submissions to the officer.\nThe internal review officer must, within 7 days after the authority receives the internal review application, make a written recommendation to the authority about the reviewable decision.\n(sec.80-ssec.1) The authority must, as soon as reasonably practicable after receiving an internal review application, appoint an internal review officer to review the reviewable decision.\n(sec.80-ssec.2) The internal review officer must not be the person who assisted the authority in making the reviewable decision.\n(sec.80-ssec.3) In reviewing the reviewable decision, the internal review officer must— have regard to documents or information the officer reasonably considers relevant to the decision, including the reasons for the decision and the documents or information on which it was based; and give the applicant a reasonable opportunity to make oral or written submissions to the officer.\n(sec.80-ssec.4) The internal review officer must, within 7 days after the authority receives the internal review application, make a written recommendation to the authority about the reviewable decision.\n- (a) have regard to documents or information the officer reasonably considers relevant to the decision, including the reasons for the decision and the documents or information on which it was based; and\n- (b) give the applicant a reasonable opportunity to make oral or written submissions to the officer.","sortOrder":104},{"sectionNumber":"sec.81","sectionType":"section","heading":"Internal review decision","content":"### sec.81 Internal review decision\n\nWithin 7 days after receiving the written recommendation mentioned in section 80 (4) , the authority must make a decision under this section (an internal review decision ).\nHowever, the authority is not required to follow the written recommendation.\nThe internal review decision must—\nconfirm the reviewable decision; or\namend the reviewable decision; or\nsubstitute another decision for the reviewable decision.\nWithin 7 days after making the internal review decision, the authority must give the applicant notice (the review notice ) of the decision.\nThe review notice must comply with the QCAT Act , section 157 (2) .\nIf the authority does not give the review notice within 7 days after making the internal review decision, it is taken to have confirmed the reviewable decision.\n(sec.81-ssec.1) Within 7 days after receiving the written recommendation mentioned in section 80 (4) , the authority must make a decision under this section (an internal review decision ).\n(sec.81-ssec.2) However, the authority is not required to follow the written recommendation.\n(sec.81-ssec.3) The internal review decision must— confirm the reviewable decision; or amend the reviewable decision; or substitute another decision for the reviewable decision.\n(sec.81-ssec.4) Within 7 days after making the internal review decision, the authority must give the applicant notice (the review notice ) of the decision.\n(sec.81-ssec.5) The review notice must comply with the QCAT Act , section 157 (2) .\n(sec.81-ssec.6) If the authority does not give the review notice within 7 days after making the internal review decision, it is taken to have confirmed the reviewable decision.\n- (a) confirm the reviewable decision; or\n- (b) amend the reviewable decision; or\n- (c) substitute another decision for the reviewable decision.","sortOrder":105},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"External review","content":"## External review","sortOrder":106},{"sectionNumber":"sec.82","sectionType":"section","heading":"Who may apply for external review","content":"### sec.82 Who may apply for external review\n\nA person who is dissatisfied with an internal review decision under division 2 may apply to QCAT for an external review.","sortOrder":107},{"sectionNumber":"sec.83","sectionType":"section","heading":"Application for external review","content":"### sec.83 Application for external review\n\nAn application to QCAT under section 82 must be made in the way provided under the QCAT Act .","sortOrder":108},{"sectionNumber":"pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":109},{"sectionNumber":"sec.84","sectionType":"section","heading":"Protection from civil liability","content":"### sec.84 Protection from civil liability\n\nThe following persons are not civilly liable for an act done, or omission made, honestly and without negligence under this Act—\nthe Minister;\na member;\nif a member of a committee of the authority is not a member of the authority—the committee member;\nthe chief executive officer;\nan employee of the authority.\nIf subsection (1) prevents a civil liability attaching to a person, the liability attaches instead to the State.\n(sec.84-ssec.1) The following persons are not civilly liable for an act done, or omission made, honestly and without negligence under this Act— the Minister; a member; if a member of a committee of the authority is not a member of the authority—the committee member; the chief executive officer; an employee of the authority.\n(sec.84-ssec.2) If subsection (1) prevents a civil liability attaching to a person, the liability attaches instead to the State.\n- (a) the Minister;\n- (b) a member;\n- (c) if a member of a committee of the authority is not a member of the authority—the committee member;\n- (d) the chief executive officer;\n- (e) an employee of the authority.","sortOrder":110},{"sectionNumber":"sec.85","sectionType":"section","heading":"Confidentiality","content":"### sec.85 Confidentiality\n\nThis section applies to a person who acquires information about another person (the other person )—\nin performing a function or exercising a power under this Act; or\nbecause of an opportunity provided by the performance of the person’s function, or the exercise of the person’s power, under this Act.\nThe person must not make a record of, or disclose, the information other than—\nfor a purpose of this Act; or\nwith the consent of the other person; or\nin compliance with lawful process requiring production of documents to, or giving evidence before, a court or tribunal; or\nas permitted or required by another Act.\nMaximum penalty—50 penalty units.\nIn this section—\ndisclose , for information, includes give access to the information.\n(sec.85-ssec.1) This section applies to a person who acquires information about another person (the other person )— in performing a function or exercising a power under this Act; or because of an opportunity provided by the performance of the person’s function, or the exercise of the person’s power, under this Act.\n(sec.85-ssec.2) The person must not make a record of, or disclose, the information other than— for a purpose of this Act; or with the consent of the other person; or in compliance with lawful process requiring production of documents to, or giving evidence before, a court or tribunal; or as permitted or required by another Act. Maximum penalty—50 penalty units.\n(sec.85-ssec.3) In this section— disclose , for information, includes give access to the information.\n- (a) in performing a function or exercising a power under this Act; or\n- (b) because of an opportunity provided by the performance of the person’s function, or the exercise of the person’s power, under this Act.\n- (a) for a purpose of this Act; or\n- (b) with the consent of the other person; or\n- (c) in compliance with lawful process requiring production of documents to, or giving evidence before, a court or tribunal; or\n- (d) as permitted or required by another Act.","sortOrder":111},{"sectionNumber":"sec.86","sectionType":"section","heading":"Approved forms","content":"### sec.86 Approved forms\n\nThe authority may approve forms for use under this Act.","sortOrder":112},{"sectionNumber":"sec.87","sectionType":"section","heading":"Principals must give particular test scripts to authority","content":"### sec.87 Principals must give particular test scripts to authority\n\nThis section applies if a school or a recognised school administers—\na test mentioned in section 13 (1) (a) or (b) ; or\na common national test.\nThe principal of the school or recognised school must give the authority the test script of each student of the school or recognised school who undertook the test.\n(sec.87-ssec.1) This section applies if a school or a recognised school administers— a test mentioned in section 13 (1) (a) or (b) ; or a common national test.\n(sec.87-ssec.2) The principal of the school or recognised school must give the authority the test script of each student of the school or recognised school who undertook the test.\n- (a) a test mentioned in section 13 (1) (a) or (b) ; or\n- (b) a common national test.","sortOrder":113},{"sectionNumber":"sec.87A","sectionType":"section","heading":"Principals must give particular assessment documents to authority","content":"### sec.87A Principals must give particular assessment documents to authority\n\nThis section applies if—\na school or recognised school administers an assessment for a senior subject; and\nthe authority asks the principal of the school or recognised school to provide a copy of the documents relating to the assessment to enable the authority to perform its functions under section 14 .\nThe principal of the school or recognised school must give the authority a copy of the documents.\ns 87A ins 2018 No. 1 s 142\n(sec.87A-ssec.1) This section applies if— a school or recognised school administers an assessment for a senior subject; and the authority asks the principal of the school or recognised school to provide a copy of the documents relating to the assessment to enable the authority to perform its functions under section 14 .\n(sec.87A-ssec.2) The principal of the school or recognised school must give the authority a copy of the documents.\n- (a) a school or recognised school administers an assessment for a senior subject; and\n- (b) the authority asks the principal of the school or recognised school to provide a copy of the documents relating to the assessment to enable the authority to perform its functions under section 14 .","sortOrder":114},{"sectionNumber":"sec.88","sectionType":"section","heading":"Authority must give notice of performance of particular functions","content":"### sec.88 Authority must give notice of performance of particular functions\n\nThe authority must give the Minister and the governing body of each non-State school a notice about—\na syllabus for a senior subject or P–10 subject that it purchases, develops or revises under section 9 or 10 ; or\na test that it develops, purchases or revises under section 13 (1) (a) or (b) ; or\na common national test that it participates in developing or revising under section 13 .\nHowever, if a governing body of a non-State school makes a written request to the authority that a notice mentioned in subsection (1) be given to a nominated body instead of the governing body, the authority—\nmust comply with the request; and\nif it complies with the request—is taken to have complied with its obligation under subsection (1) to give the notice to the governing body.\nThe authority must give a notice about a kindergarten guideline it purchases, develops, revises or accredits under section 11 to—\nthe Minister; and\neach approved provider of an education and care service other than a service that provides education and care only to children of preparatory year age or older.\nIn this section—\npreparatory year age , for a child, means the age at which the child is eligible for the preparatory year under the E(GP) Act .\n(sec.88-ssec.1) The authority must give the Minister and the governing body of each non-State school a notice about— a syllabus for a senior subject or P–10 subject that it purchases, develops or revises under section 9 or 10 ; or a test that it develops, purchases or revises under section 13 (1) (a) or (b) ; or a common national test that it participates in developing or revising under section 13 .\n(sec.88-ssec.2) However, if a governing body of a non-State school makes a written request to the authority that a notice mentioned in subsection (1) be given to a nominated body instead of the governing body, the authority— must comply with the request; and if it complies with the request—is taken to have complied with its obligation under subsection (1) to give the notice to the governing body.\n(sec.88-ssec.3) The authority must give a notice about a kindergarten guideline it purchases, develops, revises or accredits under section 11 to— the Minister; and each approved provider of an education and care service other than a service that provides education and care only to children of preparatory year age or older.\n(sec.88-ssec.4) In this section— preparatory year age , for a child, means the age at which the child is eligible for the preparatory year under the E(GP) Act .\n- (a) a syllabus for a senior subject or P–10 subject that it purchases, develops or revises under section 9 or 10 ; or\n- (b) a test that it develops, purchases or revises under section 13 (1) (a) or (b) ; or\n- (c) a common national test that it participates in developing or revising under section 13 .\n- (a) must comply with the request; and\n- (b) if it complies with the request—is taken to have complied with its obligation under subsection (1) to give the notice to the governing body.\n- (a) the Minister; and\n- (b) each approved provider of an education and care service other than a service that provides education and care only to children of preparatory year age or older.","sortOrder":115},{"sectionNumber":"sec.89","sectionType":"section","heading":"Disclosure of information","content":"### sec.89 Disclosure of information\n\nThe authority may—\nrequire schools to give it information about the implementation of a common national test; and\ndisclose the information to ACARA to enable ACARA to prepare and publish its annual statement about common national test results and information.\nIn this section—\nimplement , for a common national test, means implement the test under a regulation made under the Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004 (Cwlth) .\ninformation , about the implementation of a common national test, includes the following information—\nthe number of students who undertook the test;\nthe number of complaints received about the test and when the complaints were received;\nan investigation into the complaints and the outcome of the investigation.\n(sec.89-ssec.1) The authority may— require schools to give it information about the implementation of a common national test; and disclose the information to ACARA to enable ACARA to prepare and publish its annual statement about common national test results and information.\n(sec.89-ssec.2) In this section— implement , for a common national test, means implement the test under a regulation made under the Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004 (Cwlth) . information , about the implementation of a common national test, includes the following information— the number of students who undertook the test; the number of complaints received about the test and when the complaints were received; an investigation into the complaints and the outcome of the investigation.\n- (a) require schools to give it information about the implementation of a common national test; and\n- (b) disclose the information to ACARA to enable ACARA to prepare and publish its annual statement about common national test results and information.\n- (a) the number of students who undertook the test;\n- (b) the number of complaints received about the test and when the complaints were received;\n- (c) an investigation into the complaints and the outcome of the investigation.","sortOrder":116},{"sectionNumber":"sec.90","sectionType":"section","heading":"Change in requirements for certification","content":"### sec.90 Change in requirements for certification\n\nIf the authority changes the requirements for issuing a certificate of achievement, or a statement of results, prescribed under a regulation, the authority must ensure that a person who was subject to the previous requirements and has become subject to the changed requirements is not disadvantaged by the change.","sortOrder":117},{"sectionNumber":"sec.91","sectionType":"section","heading":"Guidelines","content":"### sec.91 Guidelines\n\nThe authority may make guidelines about its functions.\nHowever, a regulation may provide for particular matters about which a guideline may be made.\nAlso, a regulation may provide that the authority may make a guideline only with the approval of the Minister.\nIf a guideline is inconsistent with this Act, the guideline is invalid to the extent of the inconsistency.\nA guideline—\nmust be notified in the way provided under a regulation; and\ntakes effect on the day it is notified or, if a later day is stated in the guideline, on the later day.\nOn the day a guideline is notified under subsection (5) (a) , or as soon as practicable after that day, copies of the guideline must be available to be purchased or otherwise obtained at each place stated in the notice as a place where a copy of the guideline may be obtained.\nFailure to comply with subsection (6) does not affect the validity of the notification under subsection (5) (a) .\n(sec.91-ssec.1) The authority may make guidelines about its functions.\n(sec.91-ssec.2) However, a regulation may provide for particular matters about which a guideline may be made.\n(sec.91-ssec.3) Also, a regulation may provide that the authority may make a guideline only with the approval of the Minister.\n(sec.91-ssec.4) If a guideline is inconsistent with this Act, the guideline is invalid to the extent of the inconsistency.\n(sec.91-ssec.5) A guideline— must be notified in the way provided under a regulation; and takes effect on the day it is notified or, if a later day is stated in the guideline, on the later day.\n(sec.91-ssec.6) On the day a guideline is notified under subsection (5) (a) , or as soon as practicable after that day, copies of the guideline must be available to be purchased or otherwise obtained at each place stated in the notice as a place where a copy of the guideline may be obtained.\n(sec.91-ssec.7) Failure to comply with subsection (6) does not affect the validity of the notification under subsection (5) (a) .\n- (a) must be notified in the way provided under a regulation; and\n- (b) takes effect on the day it is notified or, if a later day is stated in the guideline, on the later day.","sortOrder":118},{"sectionNumber":"sec.92","sectionType":"section","heading":"Regulation-making power","content":"### sec.92 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may be made about any of the following—\nthe issuing of certificates of achievement and statements of results, including eligibility requirements for the issue of the certificates and statements;\nthe accreditation by the authority of kindergarten guidelines for implementation in education and care services;\nthe testing of persons;\nthe assessment of students for senior subjects;\nprocedures and arrangements for moderation;\ndeciding the equivalence, in the State, of a level of school education reached, or a school qualification obtained, by a person at an educational institution established outside the State;\nthe verification of information contained in a certificate of achievement or a statement of results issued to a person;\nthe opening, closing and recording of information in a student account for a person;\nthe obligation of entities to provide information to the authority for recording in a student account;\nthe disclosure of information recorded in a student account for a person or aggregated student account information;\nfees, including the refunding of fees, under this Act.\nBefore recommending to the Governor in Council the making of a regulation about a matter mentioned in subsection (2) (i) , (j) or (k) , the Minister must consult—\nISQ; and\nCEQL; and\nthe training chief executive.\ns 92 amd 2014 No. 25 s 223 sch 1 pt 2 ; 2018 No. 1 s 143 ; 2025 No. 24 s 39ZS\n(sec.92-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.92-ssec.2) A regulation may be made about any of the following— the issuing of certificates of achievement and statements of results, including eligibility requirements for the issue of the certificates and statements; the accreditation by the authority of kindergarten guidelines for implementation in education and care services; the testing of persons; the assessment of students for senior subjects; procedures and arrangements for moderation; deciding the equivalence, in the State, of a level of school education reached, or a school qualification obtained, by a person at an educational institution established outside the State; the verification of information contained in a certificate of achievement or a statement of results issued to a person; the opening, closing and recording of information in a student account for a person; the obligation of entities to provide information to the authority for recording in a student account; the disclosure of information recorded in a student account for a person or aggregated student account information; fees, including the refunding of fees, under this Act.\n(sec.92-ssec.3) Before recommending to the Governor in Council the making of a regulation about a matter mentioned in subsection (2) (i) , (j) or (k) , the Minister must consult— ISQ; and CEQL; and the training chief executive.\n- (a) the issuing of certificates of achievement and statements of results, including eligibility requirements for the issue of the certificates and statements;\n- (b) the accreditation by the authority of kindergarten guidelines for implementation in education and care services;\n- (c) the testing of persons;\n- (d) the assessment of students for senior subjects;\n- (e) procedures and arrangements for moderation;\n- (f) deciding the equivalence, in the State, of a level of school education reached, or a school qualification obtained, by a person at an educational institution established outside the State;\n- (g) the verification of information contained in a certificate of achievement or a statement of results issued to a person;\n- (h) the opening, closing and recording of information in a student account for a person;\n- (i) the obligation of entities to provide information to the authority for recording in a student account;\n- (j) the disclosure of information recorded in a student account for a person or aggregated student account information;\n- (k) fees, including the refunding of fees, under this Act.\n- (a) ISQ; and\n- (b) CEQL; and\n- (c) the training chief executive.","sortOrder":119},{"sectionNumber":"pt.7","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":120},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":121},{"sectionNumber":"sec.93","sectionType":"section","heading":"Repeal","content":"### sec.93 Repeal\n\nThe Education (Queensland Studies Authority) Act 2002 No. 1 is repealed.","sortOrder":122},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Transitional provisions for Act No. 3 of 2014","content":"## Transitional provisions for Act No. 3 of 2014","sortOrder":123},{"sectionNumber":"sec.94","sectionType":"section","heading":"Definitions for div 2","content":"### sec.94 Definitions for div 2\n\nIn this division—\ncommencement means the commencement of this section.\nQSA means the Queensland Studies Authority under the repealed Act.\nrepealed Act means the Education (Queensland Studies Authority) Act 2002 .","sortOrder":124},{"sectionNumber":"sec.95","sectionType":"section","heading":"Dissolution of QSA","content":"### sec.95 Dissolution of QSA\n\nOn the commencement, the QSA is dissolved and its members cease to hold office.","sortOrder":125},{"sectionNumber":"sec.96","sectionType":"section","heading":"Authority is successor of QSA","content":"### sec.96 Authority is successor of QSA\n\nThe authority is the successor in law of the QSA.","sortOrder":126},{"sectionNumber":"sec.97","sectionType":"section","heading":"Transfer of assets and liabilities of QSA","content":"### sec.97 Transfer of assets and liabilities of QSA\n\nThis section applies to the assets and liabilities of the QSA immediately before the commencement.\nOn the commencement, the assets become the assets of the authority and the authority assumes the liabilities.\n(sec.97-ssec.1) This section applies to the assets and liabilities of the QSA immediately before the commencement.\n(sec.97-ssec.2) On the commencement, the assets become the assets of the authority and the authority assumes the liabilities.","sortOrder":127},{"sectionNumber":"sec.98","sectionType":"section","heading":"Records","content":"### sec.98 Records\n\nThis section applies to the records held or controlled by the QSA immediately before the commencement.\nOn the commencement, the records become the records of the authority.\n(sec.98-ssec.1) This section applies to the records held or controlled by the QSA immediately before the commencement.\n(sec.98-ssec.2) On the commencement, the records become the records of the authority.","sortOrder":128},{"sectionNumber":"sec.99","sectionType":"section","heading":"Director to be chief executive officer","content":"### sec.99 Director to be chief executive officer\n\nThis section applies to the person who, immediately before the commencement, held the office of director of the office of the QSA.\nThe person is taken to hold office as chief executive officer of the authority, on the same terms and conditions on which the person held office as the director immediately before the commencement.\nThe person’s existing and accruing entitlements continue as if service as the chief executive officer were service as the director.\nThe person holds office as the chief executive officer of the authority until the Governor in Council makes an appointment under section 32.\n(sec.99-ssec.1) This section applies to the person who, immediately before the commencement, held the office of director of the office of the QSA.\n(sec.99-ssec.2) The person is taken to hold office as chief executive officer of the authority, on the same terms and conditions on which the person held office as the director immediately before the commencement.\n(sec.99-ssec.3) The person’s existing and accruing entitlements continue as if service as the chief executive officer were service as the director.\n(sec.99-ssec.4) The person holds office as the chief executive officer of the authority until the Governor in Council makes an appointment under section 32.","sortOrder":129},{"sectionNumber":"sec.100","sectionType":"section","heading":"Casual staff","content":"### sec.100 Casual staff\n\nThis section applies to a person who was, immediately before the commencement, employed by the QSA on a casual basis under section 69A of the repealed Act.\nThe person is taken to have been employed by the authority under section 41, on the same terms and conditions on which the person was employed by the QSA.\n(sec.100-ssec.1) This section applies to a person who was, immediately before the commencement, employed by the QSA on a casual basis under section 69A of the repealed Act.\n(sec.100-ssec.2) The person is taken to have been employed by the authority under section 41, on the same terms and conditions on which the person was employed by the QSA.","sortOrder":130},{"sectionNumber":"sec.101","sectionType":"section","heading":"Proceedings","content":"### sec.101 Proceedings\n\nThe authority may continue and finish an existing proceeding.\nA proceeding that could have been started by or against the QSA before the commencement may be started by or against the authority.\nIn this section—\nexisting proceeding means a proceeding that was—\nstarted by or against the QSA before the commencement; and\nnot finished immediately before the commencement.\n(sec.101-ssec.1) The authority may continue and finish an existing proceeding.\n(sec.101-ssec.2) A proceeding that could have been started by or against the QSA before the commencement may be started by or against the authority.\n(sec.101-ssec.3) In this section— existing proceeding means a proceeding that was— started by or against the QSA before the commencement; and not finished immediately before the commencement.\n- (a) started by or against the QSA before the commencement; and\n- (b) not finished immediately before the commencement.","sortOrder":131},{"sectionNumber":"sec.102","sectionType":"section","heading":"References to QSA","content":"### sec.102 References to QSA\n\nIn an Act or document, a reference to the QSA is taken, to the extent necessary and if the context permits, to be a reference to the authority.","sortOrder":132},{"sectionNumber":"sec.103","sectionType":"section","heading":"Existing 1–12 syllabuses","content":"### sec.103 Existing 1–12 syllabuses\n\nThis section applies to a 1–12 syllabus for which, immediately before the commencement, either of the following was in force—\na QSA approval under section 8(1)(c) of the repealed Act;\na QSA accreditation under section 9(a) of the repealed Act.\nTo the extent the 1–12 syllabus relates to a senior subject, it continues in force as a syllabus developed, purchased or revised by the authority under section 9, until it is repealed or replaced by the authority under that section.\nTo the extent the 1–12 syllabus relates to a P–10 subject, it continues in force as a syllabus developed, purchased or revised by the authority under section 10 until it is repealed or replaced by the authority under that section.\n(sec.103-ssec.1) This section applies to a 1–12 syllabus for which, immediately before the commencement, either of the following was in force— a QSA approval under section 8(1)(c) of the repealed Act; a QSA accreditation under section 9(a) of the repealed Act.\n(sec.103-ssec.2) To the extent the 1–12 syllabus relates to a senior subject, it continues in force as a syllabus developed, purchased or revised by the authority under section 9, until it is repealed or replaced by the authority under that section.\n(sec.103-ssec.3) To the extent the 1–12 syllabus relates to a P–10 subject, it continues in force as a syllabus developed, purchased or revised by the authority under section 10 until it is repealed or replaced by the authority under that section.\n- (a) a QSA approval under section 8(1)(c) of the repealed Act;\n- (b) a QSA accreditation under section 9(a) of the repealed Act.","sortOrder":133},{"sectionNumber":"sec.104","sectionType":"section","heading":"Existing preparatory guidelines","content":"### sec.104 Existing preparatory guidelines\n\nThis section applies to a preparatory guideline for which, immediately before the commencement, either of the following was in force—\na QSA approval under section 8(1)(c) of the repealed Act;\na QSA accreditation under section 9(a) of the repealed Act.\nThe preparatory guideline continues in force as a syllabus developed, purchased or revised by the authority under section 10 until it is repealed or replaced by the authority under that section.\n(sec.104-ssec.1) This section applies to a preparatory guideline for which, immediately before the commencement, either of the following was in force— a QSA approval under section 8(1)(c) of the repealed Act; a QSA accreditation under section 9(a) of the repealed Act.\n(sec.104-ssec.2) The preparatory guideline continues in force as a syllabus developed, purchased or revised by the authority under section 10 until it is repealed or replaced by the authority under that section.\n- (a) a QSA approval under section 8(1)(c) of the repealed Act;\n- (b) a QSA accreditation under section 9(a) of the repealed Act.","sortOrder":134},{"sectionNumber":"sec.105","sectionType":"section","heading":"Existing kindergarten guidelines","content":"### sec.105 Existing kindergarten guidelines\n\nThis section applies to a kindergarten guideline for which, immediately before the commencement, either of the following was in force—\na QSA approval under section 8(1)(d) of the repealed Act;\na QSA accreditation under section 9(b) of the repealed Act.\nThe kindergarten guideline continues in force as a guideline developed, purchased or accredited by the authority under section 11 until it is repealed or replaced by the authority under that section.\n(sec.105-ssec.1) This section applies to a kindergarten guideline for which, immediately before the commencement, either of the following was in force— a QSA approval under section 8(1)(d) of the repealed Act; a QSA accreditation under section 9(b) of the repealed Act.\n(sec.105-ssec.2) The kindergarten guideline continues in force as a guideline developed, purchased or accredited by the authority under section 11 until it is repealed or replaced by the authority under that section.\n- (a) a QSA approval under section 8(1)(d) of the repealed Act;\n- (b) a QSA accreditation under section 9(b) of the repealed Act.","sortOrder":135},{"sectionNumber":"sec.106","sectionType":"section","heading":"Existing approved work programs","content":"### sec.106 Existing approved work programs\n\nThis section applies to a work program for which a QSA approval under section 13(2) of the repealed Act was in force immediately before the commencement.\nThe work program continues in force as a work program approved by the authority under section 15(1)(c) until the approval is repealed by the authority under that section.\n(sec.106-ssec.1) This section applies to a work program for which a QSA approval under section 13(2) of the repealed Act was in force immediately before the commencement.\n(sec.106-ssec.2) The work program continues in force as a work program approved by the authority under section 15(1)(c) until the approval is repealed by the authority under that section.","sortOrder":136},{"sectionNumber":"sec.107","sectionType":"section","heading":"Existing student accounts","content":"### sec.107 Existing student accounts\n\nA student account kept by the QSA for a person immediately before the commencement is taken to be a student account kept for the person by the authority under part 3.\nNotices and information given to the QSA under part 2A of the repealed Act before the commencement are taken to have been given to the authority under part 3.\nIf, immediately before the commencement, an entity was required to give, but had not given, the QSA a notice or information under part 2A of the repealed Act, the entity must give the notice or information to the authority as soon as reasonably practicable.\n(sec.107-ssec.1) A student account kept by the QSA for a person immediately before the commencement is taken to be a student account kept for the person by the authority under part 3.\n(sec.107-ssec.2) Notices and information given to the QSA under part 2A of the repealed Act before the commencement are taken to have been given to the authority under part 3.\n(sec.107-ssec.3) If, immediately before the commencement, an entity was required to give, but had not given, the QSA a notice or information under part 2A of the repealed Act, the entity must give the notice or information to the authority as soon as reasonably practicable.","sortOrder":137},{"sectionNumber":"sec.108","sectionType":"section","heading":"Existing guidelines","content":"### sec.108 Existing guidelines\n\nThis section applies to a QSA guideline in force under section 78 of the repealed Act immediately before the commencement.\nThe guideline continues in force as a guideline of the authority under section 91 until it is repealed under that section.\nIf the guideline was approved by the Minister before the commencement and continues in force under this section, it is taken to have been approved by the Minister under this Act.\n(sec.108-ssec.1) This section applies to a QSA guideline in force under section 78 of the repealed Act immediately before the commencement.\n(sec.108-ssec.2) The guideline continues in force as a guideline of the authority under section 91 until it is repealed under that section.\n(sec.108-ssec.3) If the guideline was approved by the Minister before the commencement and continues in force under this section, it is taken to have been approved by the Minister under this Act.","sortOrder":138},{"sectionNumber":"sec.109","sectionType":"section","heading":"Existing entitlement to apply for internal review","content":"### sec.109 Existing entitlement to apply for internal review\n\nThis section applies if—\nbefore the commencement, a person was entitled under the repealed Act to apply for an internal review of a decision (the decision ) of the QSA; and\nunder the repealed Act, the period within which the person could make the application would have ended after the commencement; and\nimmediately before the commencement, the person has not made the application.\nThe person may apply for an internal review of the decision within 7 days after the last day on which the person was entitled to apply under the repealed Act.\nThe provisions of part 5 of this Act apply to an application mentioned in subsection (2) as if the decision of the QSA were a reviewable decision.\n(sec.109-ssec.1) This section applies if— before the commencement, a person was entitled under the repealed Act to apply for an internal review of a decision (the decision ) of the QSA; and under the repealed Act, the period within which the person could make the application would have ended after the commencement; and immediately before the commencement, the person has not made the application.\n(sec.109-ssec.2) The person may apply for an internal review of the decision within 7 days after the last day on which the person was entitled to apply under the repealed Act.\n(sec.109-ssec.3) The provisions of part 5 of this Act apply to an application mentioned in subsection (2) as if the decision of the QSA were a reviewable decision.\n- (a) before the commencement, a person was entitled under the repealed Act to apply for an internal review of a decision (the decision ) of the QSA; and\n- (b) under the repealed Act, the period within which the person could make the application would have ended after the commencement; and\n- (c) immediately before the commencement, the person has not made the application.","sortOrder":139},{"sectionNumber":"sec.110","sectionType":"section","heading":"Existing internal review applications","content":"### sec.110 Existing internal review applications\n\nAn application for an internal review of a decision of the QSA that has not been finally dealt with immediately before the commencement is taken to be an internal review application made under part 5 of this Act.","sortOrder":140},{"sectionNumber":"sec.111","sectionType":"section","heading":"Accreditation of particular schools","content":"### sec.111 Accreditation of particular schools\n\nThis section applies to a school if, immediately before the commencement, it—\nwas an accredited school under the Accreditation Act, section 27 or a provisionally accredited school under the Accreditation Act, section 18; and\nhad a QSA curriculum model as 1 of its attributes (the attribute ) of accreditation or provisional accreditation under that Act.\nIf the school implements a syllabus developed, purchased or revised by the authority under this Act, or an Australian curriculum—\nthe school is taken to have applied under the Accreditation Act, section 49 to change the attribute of its accreditation or provisional accreditation, as applicable; and\nthe board is taken to have granted the application under the Accreditation Act, section 52.\nIf the school has returned its certificate of accreditation, or certificate of provisional accreditation, as applicable, to the board as a result of implementing the syllabus or Australian curriculum mentioned in subsection (2), the board may issue a replacement certificate stating the details of the additional curriculum models.\nIf, before the commencement, the school had been granted eligibility for Government funding for a QSA curriculum model as a relevant operational aspect under the Accreditation Act, section 52—\nthe committee is taken to have recommended, under the Accreditation Act, section 54, that the school is eligible for Government funding for the syllabus developed, purchased or revised by the authority under this Act, or an Australian curriculum deemed by the board under section 111(2)(b) to be an attribute of accreditation, or provisional accreditation, as applicable; and\nthe Minister is taken to have decided, under the Accreditation Act, section 55, that the school is eligible for Government funding for the syllabus or Australian curriculum.\nIn this section—\nAccreditation Act means the Education (Accreditation of Non-State Schools) Act 2001 .\nboard means the Non-State Schools Accreditation Board under the Accreditation Act.\ncertificate of accreditation see the Accreditation Act, schedule 3.\ncertificate of provisional accreditation see the Accreditation Act, schedule 3.\ncommittee means the Non-State Schools Eligibility for Government Funding Committee under the Accreditation Act.\nGovernment funding see the Accreditation Act, schedule 3.\nQSA curriculum model means a Queensland Studies Authority curriculum model.\n(sec.111-ssec.1) This section applies to a school if, immediately before the commencement, it— was an accredited school under the Accreditation Act, section 27 or a provisionally accredited school under the Accreditation Act, section 18; and had a QSA curriculum model as 1 of its attributes (the attribute ) of accreditation or provisional accreditation under that Act.\n(sec.111-ssec.2) If the school implements a syllabus developed, purchased or revised by the authority under this Act, or an Australian curriculum— the school is taken to have applied under the Accreditation Act, section 49 to change the attribute of its accreditation or provisional accreditation, as applicable; and the board is taken to have granted the application under the Accreditation Act, section 52.\n(sec.111-ssec.3) If the school has returned its certificate of accreditation, or certificate of provisional accreditation, as applicable, to the board as a result of implementing the syllabus or Australian curriculum mentioned in subsection (2), the board may issue a replacement certificate stating the details of the additional curriculum models.\n(sec.111-ssec.4) If, before the commencement, the school had been granted eligibility for Government funding for a QSA curriculum model as a relevant operational aspect under the Accreditation Act, section 52— the committee is taken to have recommended, under the Accreditation Act, section 54, that the school is eligible for Government funding for the syllabus developed, purchased or revised by the authority under this Act, or an Australian curriculum deemed by the board under section 111(2)(b) to be an attribute of accreditation, or provisional accreditation, as applicable; and the Minister is taken to have decided, under the Accreditation Act, section 55, that the school is eligible for Government funding for the syllabus or Australian curriculum.\n(sec.111-ssec.5) In this section— Accreditation Act means the Education (Accreditation of Non-State Schools) Act 2001 . board means the Non-State Schools Accreditation Board under the Accreditation Act. certificate of accreditation see the Accreditation Act, schedule 3. certificate of provisional accreditation see the Accreditation Act, schedule 3. committee means the Non-State Schools Eligibility for Government Funding Committee under the Accreditation Act. Government funding see the Accreditation Act, schedule 3. QSA curriculum model means a Queensland Studies Authority curriculum model.\n- (a) was an accredited school under the Accreditation Act, section 27 or a provisionally accredited school under the Accreditation Act, section 18; and\n- (b) had a QSA curriculum model as 1 of its attributes (the attribute ) of accreditation or provisional accreditation under that Act.\n- (a) the school is taken to have applied under the Accreditation Act, section 49 to change the attribute of its accreditation or provisional accreditation, as applicable; and\n- (b) the board is taken to have granted the application under the Accreditation Act, section 52.\n- (a) the committee is taken to have recommended, under the Accreditation Act, section 54, that the school is eligible for Government funding for the syllabus developed, purchased or revised by the authority under this Act, or an Australian curriculum deemed by the board under section 111(2)(b) to be an attribute of accreditation, or provisional accreditation, as applicable; and\n- (b) the Minister is taken to have decided, under the Accreditation Act, section 55, that the school is eligible for Government funding for the syllabus or Australian curriculum.","sortOrder":141},{"sectionNumber":"sec.112","sectionType":"section","heading":"Recognised schools","content":"### sec.112 Recognised schools\n\nThis section applies to an entity if, immediately before the commencement—\nthe entity was a recognised school within the meaning of the pre-amended E(GP) Act , section 47A ; and\nthe agreement between the governing body of the recognised school and the State under the pre-amended E(GP) Act , section 47E (2) (d) was in force and would have continued after the commencement if that section had not been repealed.\nThe entity is taken to be a recognised school under this Act for the period during which the agreement mentioned in subsection (1)(b) continues in force.\nIn this section—\npre-amended E(GP) Act means the E(GP) Act as in force immediately before its amendment by this Act.\n(sec.112-ssec.1) This section applies to an entity if, immediately before the commencement— the entity was a recognised school within the meaning of the pre-amended E(GP) Act , section 47A ; and the agreement between the governing body of the recognised school and the State under the pre-amended E(GP) Act , section 47E (2) (d) was in force and would have continued after the commencement if that section had not been repealed.\n(sec.112-ssec.2) The entity is taken to be a recognised school under this Act for the period during which the agreement mentioned in subsection (1)(b) continues in force.\n(sec.112-ssec.3) In this section— pre-amended E(GP) Act means the E(GP) Act as in force immediately before its amendment by this Act.\n- (a) the entity was a recognised school within the meaning of the pre-amended E(GP) Act , section 47A ; and\n- (b) the agreement between the governing body of the recognised school and the State under the pre-amended E(GP) Act , section 47E (2) (d) was in force and would have continued after the commencement if that section had not been repealed.","sortOrder":142},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Transitional provision for Education (Overseas Students) Act 2018","content":"## Transitional provision for Education (Overseas Students) Act 2018","sortOrder":143},{"sectionNumber":"sec.113","sectionType":"section","heading":"Continuation of tertiary entrance function","content":"### sec.113 Continuation of tertiary entrance function\n\nDespite the repeal of the pre-amended Act, section 17, the authority continues to have the functions relating to tertiary entrance mentioned in that section to the extent the functions relate to students enrolled at a school or recognised school for the year 12 year of schooling in 2019.\nIn this section—\npre-amended Act means this Act as in force immediately before the commencement.\ns 113 prev s 113 exp 1 July 2015 (see s 113(4))\npres s 113 ins 2018 No. 1 s 146\n(sec.113-ssec.1) Despite the repeal of the pre-amended Act, section 17, the authority continues to have the functions relating to tertiary entrance mentioned in that section to the extent the functions relate to students enrolled at a school or recognised school for the year 12 year of schooling in 2019.\n(sec.113-ssec.2) In this section— pre-amended Act means this Act as in force immediately before the commencement.","sortOrder":144},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":"Transitional provisions for Education (General Provisions) Amendment Act 2025","content":"## Transitional provisions for Education (General Provisions) Amendment Act 2025","sortOrder":145},{"sectionNumber":"sec.114","sectionType":"section","heading":"Definitions for division","content":"### sec.114 Definitions for division\n\nIn this division—\nformer , in relation to a provision of this Act, means the provision as in force from time to time before the commencement.\nnew , in relation to a provision of this Act, means the provision as in force from the commencement.\nQCEC means the Queensland Catholic Education Commission within the meaning of this Act as in force from time to time before the commencement.\ns 114 ins 2025 No. 24 s 39ZT","sortOrder":146},{"sectionNumber":"sec.115","sectionType":"section","heading":"Nominee etc. of QCEC appointed as member of authority before commencement","content":"### sec.115 Nominee etc. of QCEC appointed as member of authority before commencement\n\nThis section applies to a person who, immediately before the commencement, held office as a member of the authority under former section 22(b)(ii).\nFrom the commencement, the person is taken to hold office as a member of the authority under new section 22(b)(ii).\ns 115 ins 2025 No. 24 s 39ZT\n(sec.115-ssec.1) This section applies to a person who, immediately before the commencement, held office as a member of the authority under former section 22(b)(ii).\n(sec.115-ssec.2) From the commencement, the person is taken to hold office as a member of the authority under new section 22(b)(ii).","sortOrder":147},{"sectionNumber":"sec.116","sectionType":"section","heading":"QCEC request for aggregated student account information made before commencement","content":"### sec.116 QCEC request for aggregated student account information made before commencement\n\nThis section applies if—\nbefore the commencement, the authority received a request from QCEC for aggregated student account information under former section 67; and\nimmediately before the commencement, the authority had not given QCEC the information.\nFrom the commencement, new section 67 applies as if the request had been made by CEQL.\ns 116 ins 2025 No. 24 s 39ZT\n(sec.116-ssec.1) This section applies if— before the commencement, the authority received a request from QCEC for aggregated student account information under former section 67; and immediately before the commencement, the authority had not given QCEC the information.\n(sec.116-ssec.2) From the commencement, new section 67 applies as if the request had been made by CEQL.\n- (a) before the commencement, the authority received a request from QCEC for aggregated student account information under former section 67; and\n- (b) immediately before the commencement, the authority had not given QCEC the information.","sortOrder":148}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":771},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose. The 2014 Act replaced the Queensland Studies Authority with the QCAA, expanding functions to include kindergarten guidelines and early childhood education while maintaining core curriculum and assessment roles. Later amendments (2018, 2023, 2025) have been technical or machinery in nature—updating references, adjusting membership structures, and clarifying data sharing arrangements—without materially altering the scope beyond the original educational purpose."},"complexity_factors":["Multiple cross-references to other Queensland and Commonwealth legislation (E(GP) Act, FA Act, SBFA Act, QCAT Act, National VET Regulator Act)","Nested definitions and conditional triggers for student account obligations across sections 51–58","Detailed membership appointment and disqualification rules with multiple exceptions (sections 22–31)","Extensive transitional provisions preserving rights and instruments from the repealed 2002 Act","Regulation-making powers that delegate significant detail to subordinate legislation (section 92)","Conditional disclosure rules for student account information with multiple permitted exceptions (sections 62–68)","Ministerial direction powers that are themselves limited by specific exclusions (section 72)"],"plain_english_summary":"This Act establishes and governs the **Queensland Curriculum and Assessment Authority (QCAA)**, a statutory body that oversees what students learn and how they're assessed in Queensland schools.\n\n**What the Authority Does**\n\nThe QCAA has broad responsibilities across the education system:\n\n- **Curriculum**: Develops, buys, and revises syllabuses for senior subjects (Years 11–12) and P–10 subjects (Prep to Year 10), plus kindergarten guidelines for early childhood education\n- **Assessment & Testing**: Creates and administers tests, including participating in national testing programs like NAPLAN; marks assessments and provides results to students and schools\n- **Certification**: Issues certificates of achievement (like the Queensland Certificate of Education) and statements of results; maintains records so employers and universities can trust these credentials\n- **Student Accounts**: Maintains digital records tracking each student's enrolment, results, and participation in education or training programs\n- **Support**: Provides resources and professional development to help schools and early childhood providers implement curricula effectively\n\n**Who It Affects**\n\n- **Students**: All Queensland students in schools and early childhood education, plus those in the \"compulsory participation phase\" (roughly ages 15–17 who must be in education, training, or employment)\n- **Schools**: State, Catholic, and independent schools must follow QCAA syllabuses, submit assessment data, and use the student account system\n- **Early childhood providers**: Approved kindergarten and childcare services must implement QCAA-accredited guidelines\n- **Parents**: Receive certificates and can access their child's educational records\n\n**Structure & Oversight**\n\nThe Authority is a corporate body with a board of members including government representatives and nominees from Independent Schools Queensland and Catholic Education Queensland. A chief executive officer runs day-to-day operations. The Minister for Education can give directions on some matters (but not on individual student results or syllabus content), request reports, and issue statements of expectations.\n\n**Key Features**\n\n- **Data collection**: Schools and providers must notify the QCAA of student enrolments and results, feeding into individual student accounts and system-wide planning\n- **Review rights**: People affected by QCAA decisions can seek internal review, then appeal to the Queensland Civil and Administrative Tribunal (QCAT)\n- **Transitional arrangements**: The Act replaced the earlier Queensland Studies Authority in 2014, with provisions ensuring continuity of staff, records, and existing syllabuses"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act as provided includes later amendments and transitional provisions that adjust membership composition and representation (s 22, ss 114–116), expand or clarify testing and senior‑subject assessment functions (ss 13, 13A), and modify criminal‑history and employment arrangements (ss 29, 35, 40–41). Transitional clauses preserve and migrate existing QSA assets, records, staff and approvals into the new authority (ss 95–107), so the practical operational scope and governance arrangements have been updated from the original 2002 QSA scheme."},"complexity_factors":["Wide functional scope (syllabuses, testing, external assessments, moderation, certification, student accounts, tertiary‑entrance information and commercialisation) (ss 9–19, 17, 18)","Detailed data collection, record‑keeping and disclosure regime for student accounts with multiple recipients and purposes (opening, reporting, access, correction, aggregated disclosures) (pts 3, ss 47–68, 88)","Significant Ministerial oversight and discrete non‑delegable powers (appointment influences, written directions, IP/licensing directions, statements of expectations, reporting requirements) (ss 22, 72–75, 73, 74, 70, 46)","Interplay with other legislation and entities (E(GP) Act, FA Act, SBFA Act, National VET Act, QCAT, ACARA and training chief executive) requiring cross‑agency coordination (ss 7, 13, 66–68, 92)","Governance and appointment rules with eligibility, disqualification, leave, and criminal‑history checks and confidentiality/penalties (ss 22–31, 29, 42–44, 43)","Delegation and delegation limits across authority, chief executive and Minister (ss 21, 37, 69, 76)","Operational constraints on authority powers (e.g. ministerial approval required for real‑property agreements; budgets require Minister approval) creating administrative controls (ss 20(2), 45)","Transitional and amendment history embedded in operative text (successor arrangements, continuity of syllabuses/guidelines, staff and records transfer) adding complexity to interpretation (pts 7, ss 96–107, 111–116)"],"plain_english_summary":"This Act creates the Queensland Curriculum and Assessment Authority (the authority), gives it corporate status and sets out its core tasks: develop/purchase syllabuses and guidelines, run and mark tests and assessments, issue certificates, keep student accounts and commercially exploit products or services it develops (ss 5, 9–18, 18, 60). It also establishes data‑reporting and record‑keeping duties for schools and providers and rules for disclosure and access to student account information (pts 3, ss 56–68).\n\nThe Minister appoints members, may give written directions on many operational matters (but not syllabus content or individual certification decisions) and can require reports; providers and principals must supply enrolment, result and test script information, creating identifiable compliance and data‑management costs for them (ss 22, 72–75, 56–59, 87, 84)."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.29(2)(a) and sec.42(3)","severity":"medium","reasoning":"Section 29(2)(a) disqualifies a person from becoming a member if they do not consent to the Minister requesting a criminal history report under s.42. Section 42(3) says the Minister may only make the request if the person has given written consent. The disqualification provision therefore penalises non-consent, but the consequence of non-consent is simply that no report can be requested — the disqualification adds a further punitive layer (ineligibility) on top of an already self-enforcing mechanism (no consent = no report). The practical effect is that refusing consent bars membership, but the legislative machinery treating this as a 'disqualification' rather than simply an eligibility criterion creates a minor but real logical oddity: a person is 'disqualified' for not consenting to something that cannot happen without their consent anyway.","confidence":0.72,"description":"A prospective member is disqualified from becoming a member if they do not consent to a criminal history report request. However, the Minister may only request the criminal history report if the person has already given written consent. This creates a situation where the consent is simultaneously a precondition for the request AND a precondition for membership eligibility — meaning the disqualification for non-consent is circular: a person cannot be disqualified for not consenting to a report that cannot be requested without their consent."},{"type":"circular_definition","section":"sec.24(3)","severity":"low","reasoning":"Section 22(b)(i) appoints 'the executive director, or nominee, of the ISQ' as a member. Section 24(3) says if the entity doesn't nominate within the stated period, 'the executive director of the entity is taken to be the entity's nominee.' Since the executive director was already the primary named option in s.22(b)(i), the failure-to-nominate default simply reinstates what s.22 already contemplated, making the nomination process in s.24 for these positions largely meaningless.","confidence":0.65,"description":"If an entity under s.22(b)(i) or (ii) fails to nominate a person within the stated period, the executive director of the entity is taken to be the entity's nominee. However, s.22(b)(i) already provides that the executive director (or their nominee) is the default representative. Section 24(3) therefore creates a circular default: the fallback for failing to nominate is the person who was already the default option, making the nomination process largely superfluous for those positions."},{"type":"impossible_compliance","section":"sec.29(4)(a) and sec.29(5)","severity":"medium","reasoning":"Section 29(5) provides that restoration occurs on the day the chair receives the approval notice. Section 27(6) allows vacancies in the office of chair. If there is no chair when the Minister sends the approval notice, the restoration cannot be triggered. Additionally, only members appointed under s.22(b)(iv) can be chair (s.27(1)), and a disqualified member under s.29(1) could theoretically be the chair. The drafting creates a scenario where the operative date of restoration is tied to an event that may be impossible.","confidence":0.68,"description":"When the Minister restores a disqualified member, the approval notice is given to both the chair and the person. The person is restored 'on the day the chair receives the approval notice.' This creates a logical absurdity: if the chair's position is vacant (which is possible under s.27(6)), or if the chair is the very person being restored, the restoration mechanism breaks down entirely — the triggering event (the chair receiving the notice) either cannot occur or is meaningless."},{"type":"circular_definition","section":"sec.13A(3)","severity":"low","reasoning":"The definition of 'external assessment' in s.13A(3) centres on the developer being 'an entity other than a school.' The authority is such an entity. But s.13A(1)(b) gives the authority the function of 'developing and revising external assessments.' Once the authority develops an assessment, it is by definition an external assessment (since the authority is not a school). However, s.13A(1)(c) contemplates 'purchasing and revising external assessments developed by another entity' — implying external assessments are those developed by third parties. The authority developing its own 'external assessments' sits awkwardly with the definition, which describes a relational characteristic (not-school-developed) rather than a functional role.","confidence":0.55,"description":"Section 13A(3) defines 'external assessment' as 'an assessment developed by an entity other than a school' and 'school-based assessment' as 'an assessment developed by a school.' The authority's function under s.13A(1)(b) is to develop and revise 'external assessments.' However, if the authority develops the assessment, it is no longer developed by 'an entity other than a school' in a neutral sense — it is developed by the authority itself. The authority is then developing assessments that, by the Act's own definition, are 'external' precisely because they are not school-developed, creating a category confusion: authority-developed assessments are external but the definition implies externality is a characteristic of the developer, not the assessment's role."},{"type":"impossible_compliance","section":"sec.45(1) and sec.45(5)","severity":"low","reasoning":"A statutory obligation to do something 'by the required day' is only meaningful if the required day is determinable with some certainty. Here, the required day is defined as whatever day the Minister directs — the Minister could theoretically direct a day that has already passed, making compliance retroactively impossible, or could fail to direct any day at all, making the obligation unenforceable. While Ministerial discretion is common in legislation, defining the operative deadline as entirely Ministerially controlled without any procedural safeguard creates a hollow obligation.","confidence":0.6,"description":"The 'required day' for submitting the budget is defined as 'the day directed by the Minister.' This means the statutory deadline has no independent existence — it is entirely at the Minister's discretion and can be set at any time, including retrospectively or impossibly. There is no floor, ceiling, or procedural constraint on what the Minister may direct, creating an illusory obligation."},{"type":"impossible_compliance","section":"sec.65(3)","severity":"high","reasoning":"The student account is maintained by the authority (ss.48, 60). Providers and recognised schools supply information to the authority; they do not maintain or directly alter student accounts. Section 65(3)(b)(i) requires the provider or recognised school, upon finding disclosed information is incorrect, to 'change the information in the student account so that it is correct.' But these entities have no direct write-access to the student account — only the authority does. The legislative intent was presumably that they notify the authority to make the correction, but the drafting imposes an obligation that cannot be performed as written.","confidence":0.82,"description":"Section 65(3) states that if the authority discloses information under subsection (2) and the provider or recognised school finds it is incorrect, the provider or recognised school must 'change the information in the student account.' However, the student account is kept by the authority under s.60, not by the provider or recognised school. Providers and recognised schools do not hold or control the student account — they give information to the authority which records it. The obligation to 'change the information in the student account' placed on providers/recognised schools is therefore an impossible compliance requirement."},{"type":"circular_definition","section":"sec.6(1) and sec.6(2)","severity":"low","reasoning":"If A represents B in its entirety (s.6(1)), then A already possesses all of B's legal characteristics. Stating 'without limiting (1), A has B's status, privileges and immunities' (s.6(2)) is tautological — those attributes are already fully captured by s.6(1). The 'without limiting' formulation suggests s.6(2) adds something beyond s.6(1), but logically it cannot if s.6(1) is taken at face value. This is a common legislative drafting pattern but creates genuine logical circularity in this instance.","confidence":0.5,"description":"Section 6(1) states the authority 'represents the State.' Section 6(2) states 'without limiting subsection (1)' the authority has 'the status, privileges and immunities of the State.' The non-limiting clause is logically incoherent: if the authority fully represents the State (s.6(1)), it already has all State attributes including immunities. Subsection (2) cannot meaningfully add anything that is not already encompassed by subsection (1), yet the drafting implies it does. The 'without limiting' qualifier makes the relationship circular."}],"contradictions":[{"severity":"low","section_a":"sec.23(c)","section_b":"sec.22(a)","confidence":0.58,"description":"Section 23(c) expressly disqualifies the chief executive officer from being nominated or appointed as a member. Section 22(a) provides that 'the chief executive' (meaning the departmental chief executive, not the CEO of the authority) or a nominee of the chief executive is a member. While these refer to different persons ('chief executive officer' of the authority vs 'chief executive' of the department), the Act's inconsistent use of 'chief executive' and 'chief executive officer' creates interpretive confusion and risks misapplication of the disqualification."},{"severity":"low","section_a":"sec.20(1)","section_b":"sec.20(2)","confidence":0.62,"description":"Section 20(1) grants the authority 'all the powers of an individual' including to 'acquire, hold, dispose of and deal with property' and to 'enter into contracts.' Section 20(2) then restricts entry into agreements about real property without Ministerial written approval. The broad grant in s.20(1)(b) of power to acquire, hold, dispose of and deal with property (which necessarily includes real property) is directly contradicted by s.20(2)'s prohibition, creating an internal inconsistency about whether real property transactions are within the authority's independent power."},{"severity":"low","section_a":"sec.40(2)","section_b":"sec.35(1)","confidence":0.7,"description":"Section 40(2) provides that staff of the authority 'are appointed under the Public Sector Act 2022.' Section 35(1) provides that 'the Public Sector Act 2022 does not apply to the chief executive officer's appointment.' Since the chief executive officer is the most senior staff member of the authority, there is an internal tension: s.40(2) implies all staff appointments (which would include the CEO) are under the Public Sector Act, while s.35(1) expressly excludes the CEO from that Act. While s.35 is clearly intended as a specific exception, the lack of a cross-reference or express carve-out in s.40(2) creates a facial contradiction."},{"severity":"low","section_a":"sec.27(1)","section_b":"sec.28(1)","confidence":0.45,"description":"Section 27(1) requires the Minister to nominate the chair from persons appointed under s.22(b)(iv) (the three Minister's nominees). Section 28(1) requires the authority to appoint a deputy chair who must be 'a member, other than the chair.' There is no restriction on which member may be deputy chair, meaning the deputy chair could be the departmental chief executive (s.22(a)) or the ISQ/CEQL representatives (s.22(b)(i)-(ii)). This creates an asymmetry where the chair must come from a specific subset of members but the deputy chair has no such constraint, potentially resulting in a deputy chair outranking (in organisational terms) the entities from which the chair must be drawn."},{"severity":"medium","section_a":"sec.65(1)","section_b":"sec.65(2)","confidence":0.75,"description":"Section 65(1) allows the authority to disclose student account information to 'a provider the authority reasonably believes is able to confirm the accuracy of the information' — with no restriction on which provider. Section 65(2) then restricts disclosure of enrolment or results information to only the provider or recognised school 'for the studies.' These two subsections conflict: s.65(1) contemplates disclosing to any provider capable of confirming accuracy, but s.65(2) limits enrolment/results disclosure to the specific provider for those studies. The interaction is unclear — does s.65(2) override s.65(1) for all enrolment/results information, or only for the specific category?"},{"severity":"medium","section_a":"sec.9(2)","section_b":"sec.10(1)","confidence":0.78,"description":"Section 9(2) requires the authority, when developing a syllabus for a senior subject for which there is an Australian curriculum, to adopt the Australian curriculum content and standards as the basis. Section 10(1) gives the authority functions for P-10 subjects 'for which there are no Australian curricula.' There is a gap in the legislation: no provision addresses P-10 subjects for which there IS an Australian curriculum, and whether the s.9(2) obligation to adopt Australian curriculum content applies to P-10 subjects or only to senior subjects. The structure implies a lacuna rather than a direct contradiction, but the absence creates an inconsistency in how the two syllabus categories are treated."}]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 2014 Act focused primarily on curriculum, assessment, and certification for senior schooling. Through amendments — particularly in 2018 (No. 1) — the scope expanded significantly to include senior subject external assessments (s13A), revised tertiary entrance provisions, and updated student account rules. The Act has also grown to cover early childhood education and care services (kindergarten guidelines) and vocational education providers, extending well beyond its original school-focused remit. The commercial exploitation function (s18) also represents a broader mandate than a purely regulatory curriculum body would typically hold."},"complexity_factors":["Multiple interlocking functions across curriculum, testing, assessment, moderation, certification, student accounts, and tertiary entrance — each with their own procedural rules","Extensive cross-referencing to other Queensland Acts (e.g., Education (General Provisions) Act, Financial Accountability Act, Statutory Bodies Financial Arrangements Act, Public Sector Act 2022, Industrial Relations Act 2016) and Commonwealth legislation (National Vocational Education and Training Regulator Act 2011)","Student accounts system involves complex rules about who must open accounts, who must report data, who can access data, and for what purposes — with different rules for different provider types (schools, non-school providers, exempt providers, recognised schools)","Distinction between multiple categories of educational institutions (State schools, non-State schools, recognised schools, approved providers of education and care services, exempt providers) each with different obligations","Governance provisions include nuanced disqualification, restoration, leave of absence, and criminal history rules for board members and the CEO","Significant reliance on subordinate legislation (regulations) to fill in key operational details — many obligations are 'prescribed under a regulation', meaning the Act alone is incomplete","The Act has been amended multiple times (2014, 2016, 2018, 2022, 2023, 2025) creating layered complexity","The 'compulsory participation phase' concept links this Act to the Education (General Provisions) Act, requiring familiarity with that separate framework to fully understand student account obligations"],"plain_english_summary":"The Act creates the Queensland Curriculum and Assessment Authority (QCAA), a statutory agency that sets and approves curricula, runs and moderates statewide assessments, issues senior credentials (including the QCE), and maintains digital student records. It affects students, schools, early‑childhood and vocational providers, and tertiary admissions bodies. The law matters because it determines what is taught and tested in Queensland, how results are certified and shared, and how student data is used to monitor participation."}},"importantCases":[],"_links":{"self":"/api/acts/education-queensland-curriculum-and-assessment-authority-act-2014","history":"/api/acts/education-queensland-curriculum-and-assessment-authority-act-2014/history","analysis":"/api/acts/education-queensland-curriculum-and-assessment-authority-act-2014/analysis","conflicts":"/api/acts/education-queensland-curriculum-and-assessment-authority-act-2014/conflicts","importantCases":"/api/acts/education-queensland-curriculum-and-assessment-authority-act-2014/important-cases","documents":"/api/acts/education-queensland-curriculum-and-assessment-authority-act-2014/documents"}}