{"id":"nsw:act-2013-089","name":"Education Standards Authority Act 2013","slug":"education-standards-authority-act-2013","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"89 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29899,"registerId":"nsw-act-2013-089-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Education Standards Authority Act 2013](/view/html/inforce/current/act-2013-089).\n> \n> **s 1:** Am 2016 No 50, Sch 1 \\[3\\].","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) This Act commences on a day or days to be appointed by proclamation, except as provided by this section.\n> \n> > (2) Schedule 5.1 commences on the commencement of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > appointed member means a member of the Board other than the Chief Executive Officer.\n> > \n> > Authority means the NSW Education Standards Authority constituted under this Act.\n> > \n> > Board means (except in Schedule 2) the Board of the NSW Education Standards Authority established under this Act.\n> > \n> > Chairperson means the Chairperson of the Board.\n> > \n> > Chief Executive Officer means the Chief Executive Officer of the Authority.\n> > \n> > committee of the Board means—\n> > \n> > > (a) a committee established by the Board under section 12C (1), or\n> > \n> > > (b) the Quality Teaching Committee established under the [Teacher Accreditation Act 2004](/view/html/inforce/current/act-2004-065).\n> > \n> > education and teaching legislation means any of the following Acts and the regulations and other instruments made under those Acts—\n> > \n> > > (a) this Act,\n> > \n> > > (b) [Education Act 1990](/view/html/inforce/current/act-1990-008),\n> > \n> > > (c) [Teacher Accreditation Act 2004](/view/html/inforce/current/act-2004-065).\n> > \n> > function includes a power, authority or duty, and exercise a function includes perform a duty.\n> > \n> > inspector means a person appointed under Part 3.\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 2016 No 50, Sch 1 \\[4\\] \\[5\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"NSW Education Standards Authority","content":"# Part 2 NSW Education Standards Authority\n\nPart 2 NSW Education Standards Authority\n\n**pt 2:** Subst 2016 No 50, Sch 1 \\[6\\].","sortOrder":4},{"sectionNumber":"Division 1","sectionType":"division","heading":"Constitution and management of Authority","content":"## Division 1 Constitution and management of Authority\n\nDivision 1 Constitution and management of Authority\n\n**pt 2, div 1, hdg:** Ins 2016 No 50, Sch 1 \\[6\\].","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Constitution of NSW Education Standards Authority","content":"#### 4 Constitution of NSW Education Standards Authority\n\n4 Constitution of NSW Education Standards Authority\n\n> > (1) There is constituted by this Act a body corporate with the corporate name of the NSW Education Standards Authority.\n> \n> > (2) The Authority is, for the purposes of any Act, a NSW Government agency.\n> > \n> > Note—\n> > \n> > See section 13A of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).\n> \n> **s 4:** Subst 2016 No 50, Sch 1 \\[6\\].","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Role of Minister","content":"#### 5 Role of Minister\n\n5 Role of Minister\n\n> The Authority is subject to the control and direction of the Minister in the exercise of its functions, except in relation to—\n> \n> > (a) the contents of any advice, report or recommendation it makes to the Minister or any other person or body, or\n> \n> > (b) its functions under Part 8 of the [Education Act 1990](/view/html/inforce/current/act-1990-008).\n> \n> **s 5:** Am 2013 No 89, Sch 5.1 \\[1\\]. Subst 2016 No 50, Sch 1 \\[6\\].","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Board of the Authority","content":"#### 6 Board of the Authority\n\n6 Board of the Authority\n\n> > (1) There is to be a Board of the NSW Education Standards Authority.\n> \n> > (2) The Board is to consist of the following members—\n> > \n> > > (a) an independent person appointed by the Minister as the Chairperson of the Board,\n> > \n> > > (b) 6 persons appointed by the Minister as follows—\n> > > \n> > > > (i) 1 from the government school sector, 1 from the Catholic school sector and 1 from the independent school sector,\n> > > \n> > > > (ii) 2 from teacher unions,\n> > > \n> > > > (iii) 1 from Aboriginal education,\n> > \n> > > (c) no less than 4 (but not more than 6) other persons appointed by the Minister with regard to teachers and school leaders, universities, vocational education and training, parents of school children, early childhood education, special education, business acumen and strategic advisory skills,\n> > \n> > > (d) the Chief Executive Officer.\n> \n> > (3) The appointed members are to be persons who, in the opinion of the Minister, together have skills and experience that will assist the Authority in exercising its functions.\n> \n> > (4) Each member of the Board is to exercise his or her functions as a member in a manner that promotes the objectives of the Authority and the interests of students.\n> \n> > (5) Of the appointed members other than the Chairperson, one is to be appointed as Deputy Chairperson of the Board in or by the instrument of appointment as a member or in or by some other instrument executed by the Minister.\n> \n> > (6) An appointed member cannot nominate another person to act on the behalf of the member.\n> > \n> > Note—\n> > \n> > See clause 3 of Schedule 1 which provides for the appointment by the Minister of alternate members in certain circumstances.\n> \n> > (7) Schedule 1 contains provisions relating to the members and procedure of the Board.\n> \n> **s 6:** Am 2014 No 68, Sch 2 \\[1\\]. Subst 2016 No 50, Sch 1 \\[6\\].","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Role of Board","content":"#### 7 Role of Board\n\n7 Role of Board\n\n> > (1) The Board has the following functions—\n> > \n> > > (a) to determine the general policies and strategic direction of the Authority,\n> > \n> > > (b) to oversee the functions of the Authority (including its financial responsibilities),\n> > \n> > > (c) to give advice to the Minister on matters relating to the functions of the Authority (including advice on school education standards),\n> > \n> > > (d) such other functions as are conferred or imposed on it by or under this or any other Act or law.\n> \n> > (2) Any decision relating to the functions of the Authority is to be made by or under the authority of the Board.\n> \n> > (3) Any act, matter or thing done in the name of, or on behalf of, the Authority by or under the authority of the Board is taken to have been done by the Authority.\n> \n> **s 7:** Am 2013 No 89, Sch 5.1 \\[2\\]. Subst 2016 No 50, Sch 1 \\[6\\].","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Chief Executive Officer","content":"#### 8 Chief Executive Officer\n\n8 Chief Executive Officer\n\n> > (1) The Chief Executive Officer of the Authority is the person who, having regard to any advice of the Chairperson, is employed in the Public Service as the Chief Executive Officer of the Authority.\n> \n> > (2) The Chief Executive Officer is responsible for the day to day management of the activities of the Authority.\n> \n> > (3) The Chief Executive Officer is, on the request of the Minister or on the Chief Executive Officer’s own initiative, to report to the Minister on matters relating to the activities of the Authority.\n> \n> **s 8:** Subst 2016 No 50, Sch 1 \\[6\\].","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Staff of Authority","content":"#### 9 Staff of Authority\n\n9 Staff of Authority\n\n> Persons may be employed in the Public Service to enable the Authority to exercise its functions.\n> \n> Note—\n> \n> Section 59 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) provides that the persons so employed (or whose services the Authority makes use of) may be referred to as officers or employees, or members of staff, of the Authority. Section 47A of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032) precludes the Authority from employing staff.\n> \n> **s 9:** Subst 2016 No 50, Sch 1 \\[6\\].","sortOrder":11},{"sectionNumber":"Division 2","sectionType":"division","heading":"Objectives and functions of Authority","content":"## Division 2 Objectives and functions of Authority\n\nDivision 2 Objectives and functions of Authority\n\n**pt 2, div 2, hdg:** Ins 2016 No 50, Sch 1 \\[6\\].","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Charter and annual Statement of Expectations","content":"#### 10 Charter and annual Statement of Expectations\n\n10 Charter and annual Statement of Expectations\n\n> > (1) The Authority is to have a charter, prepared by the Board and approved by the Minister, outlining its key responsibilities and objectives.\n> \n> > (2) The Minister may, in a Statement of Expectations issued annually to the Authority, determine priorities in relation to the exercise by the Authority of its functions.\n> \n> > (3) This section does not affect the operation of Division 7.3 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055).\n> \n> **s 10:** Am 2013 No 89, Sch 5.1 \\[3\\]. Subst 2016 No 50, Sch 1 \\[6\\]. Am 2018 No 70, Sch 4.27.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Principal objectives of Authority","content":"#### 11 Principal objectives of Authority\n\n11 Principal objectives of Authority\n\n> > (1) The principal objectives of the Authority are as follows—\n> > \n> > > (a) to provide strategic leadership in improving standards of school education,\n> > \n> > > (b) to promote an evidence-based approach in improving standards of school education,\n> > \n> > > (c) to ensure that each of the following matters under the education and teaching legislation is developed, applied and monitored in a way that improves student learning while maintaining flexibility across the entire school education and teaching sector—\n> > > \n> > > > (i) the school curriculum,\n> > > \n> > > > (ii) forms of assessment,\n> > > \n> > > > (iii) regulatory standards for schools,\n> > > \n> > > > (iv) teaching quality and professional standards.\n> \n> > (2) This section does not limit any of the other objectives of the Authority outlined in its charter.\n> \n> **s 11:** Subst 2016 No 50, Sch 1 \\[6\\].","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Functions of Authority","content":"#### 12 Functions of Authority\n\n12 Functions of Authority\n\n> > (1) The Authority has the functions conferred or imposed on it by or under—\n> > \n> > > (a) the education and teaching legislation, or\n> > \n> > > (b) any other legislation.\n> \n> > (2) In particular, the Authority has functions under the education and teaching legislation in relation to the following—\n> > \n> > > (a) the school curriculum for primary and secondary school children,\n> > \n> > > (b) the approval of initial and continuing teacher education courses and programs that are relevant to the accreditation of persons under the [Teacher Accreditation Act 2004](/view/html/inforce/current/act-2004-065),\n> > \n> > > (c) the accreditation of teachers and the monitoring of the accreditation process across all schools and early childhood education centres under that Act,\n> > \n> > > (d) basic skills testing,\n> > \n> > > (e) the granting of Records of School Achievement and Higher School Certificates,\n> > \n> > > (f) the registration and accreditation of schools,\n> > \n> > > (g) the approval of providers of courses at schools to overseas students,\n> > \n> > > (h) the development, content and application of professional teaching standards,\n> > \n> > > (i) reporting and advising on matters relating to the Authority’s functions.\n> \n> **s 12:** Subst 2016 No 50, Sch 1 \\[6\\].","sortOrder":15},{"sectionNumber":"12A","sectionType":"section","heading":"Conduct of reviews","content":"#### 12A Conduct of reviews\n\n12A Conduct of reviews\n\n> > (1) The Authority may, subject to any direction by the Minister, conduct a review into any matter arising under the education and teaching legislation.\n> \n> > (2) For the purposes of conducting any such review, the Authority may request a person or body to provide such information as the Authority reasonably requires.\n> \n> **ss 12A–12D:** Ins 2016 No 50, Sch 1 \\[6\\].","sortOrder":16},{"sectionNumber":"12B","sectionType":"section","heading":"Delegation of functions","content":"#### 12B Delegation of functions\n\n12B Delegation of functions\n\n> > (1) The Authority may delegate to an authorised person or body any of its functions under the education and teaching legislation, other than this power of delegation.\n> \n> > (2) In this section—\n> > \n> > authorised person or body means any of the following—\n> > \n> > > (a) an appointed member,\n> > \n> > > (b) the Chief Executive Officer,\n> > \n> > > (c) a member of staff of the Authority,\n> > \n> > > (d) a committee of the Board or subcommittee of a committee,\n> > \n> > > (e) a member of any such committee or subcommittee,\n> > \n> > > (f) a person or body, or a person or body of a class, prescribed by the regulations.\n> \n> **ss 12A–12D:** Ins 2016 No 50, Sch 1 \\[6\\].","sortOrder":17},{"sectionNumber":"12C","sectionType":"section","heading":"Committees of the Board","content":"#### 12C Committees of the Board\n\n12C Committees of the Board\n\n> > (1) The Board may, with the approval of the Minister, establish committees—\n> > \n> > > (a) to give advice or assistance to the Board in connection with any particular matter or function of the Board, or\n> > \n> > > (b) for the purposes of enabling the functions of the Authority to be delegated to any such committee.\n> > \n> > Note—\n> > \n> > In addition to any committee established under this section, the Quality Teaching Committee is established under the [Teacher Accreditation Act 2004](/view/html/inforce/current/act-2004-065) as a committee of the Board.\n> \n> > (2) The Board is not to appoint a person as a member of a committee established under subsection (1) unless the Board is of the opinion that the person has appropriate expertise to make a valuable contribution to the committee. In appointing persons as members of a committee, the Board is to have regard to an appropriate mix of skills, knowledge and experience.\n> \n> > (3) A committee of the Board that is exercising a delegated function of the Authority must, unless the Minister determines otherwise, be chaired by an appointed member. It does not matter that some or all of the other members of the committee are not appointed members of the Board.\n> \n> > (4) A person cannot at any one time be the chairperson of more than 2 committees of the Board.\n> \n> > (5) The procedure for the calling of meetings of a committee of the Board and for the conduct of business at those meetings is to be as determined by the Board or (subject to any determination of the Board) by the committee.\n> \n> **ss 12A–12D:** Ins 2016 No 50, Sch 1 \\[6\\].","sortOrder":18},{"sectionNumber":"12D","sectionType":"section","heading":"Subcommittees","content":"#### 12D Subcommittees\n\n12D Subcommittees\n\n> > (1) Any committee of the Board may establish subcommittees to assist the committee in connection with the exercise of any of its functions.\n> \n> > (2) A subcommittee of a committee of the Board need not include a member of the committee.\n> \n> > (3) The procedure for the calling of meetings of a subcommittee of a committee of the Board and for the conduct of business at those meetings is to be as determined by the committee or (subject to any determination of the committee) by the subcommittee.\n> \n> **ss 12A–12D:** Ins 2016 No 50, Sch 1 \\[6\\].","sortOrder":19},{"sectionNumber":"Part 3","sectionType":"part","heading":"Inspections","content":"# Part 3 Inspections\n\nPart 3 Inspections","sortOrder":20},{"sectionNumber":"13","sectionType":"section","heading":"Appointment and identification of inspectors","content":"#### 13 Appointment and identification of inspectors\n\n13 Appointment and identification of inspectors\n\n> > (1) The Authority may appoint a member of staff of the Authority, or any other person whose services the Authority has arranged to make use of, to be an inspector for the purposes of the education and teaching legislation.\n> \n> > (2) If a person who is not a member of staff of the Authority is appointed as an inspector, the person is, in exercising functions as an inspector, subject to the control and direction of the Authority.\n> \n> > (3) The Authority is to cause each inspector to be issued with a means of identification in the form approved by the Authority.","sortOrder":21},{"sectionNumber":"14","sectionType":"section","heading":"Inspection of education premises","content":"#### 14 Inspection of education premises\n\n14 Inspection of education premises\n\n> > (1) An inspector—\n> > \n> > > (a) is at all reasonable times to have full and free access to any education premises and any documents that are on the premises, and\n> > \n> > > (b) may remove, or make copies of, any such document, and\n> > \n> > > (c) may conduct such audits and carry out such inspections on those premises as the inspector considers necessary.\n> \n> > (2) Any such power may be exercised by an inspector only—\n> > \n> > > (a) for the purposes of determining whether there has been compliance with or a contravention of the education and teaching legislation, or\n> > \n> > > (b) for the purposes of obtaining documents for purposes connected with the administration of the education and teaching legislation, or\n> > \n> > > (c) in connection with exercising the functions of an inspector under the education and teaching legislation.\n> \n> > (2A) Any power conferred on an inspector by this section may be exercised on or in relation to education premises without the inspector being required to give notice to any person or body before exercising that power.\n> \n> > (3) A person who hinders or obstructs an inspector in exercising any power conferred by this section is guilty of an offence.\n> > \n> > Maximum penalty—5 penalty units.\n> \n> > (4) A person is not guilty of an offence under subsection (3) because of any act of hindrance or obstruction unless it is established that the inspector—\n> > \n> > > (a) identified himself or herself as an inspector, and\n> > \n> > > (b) warned the person that that act constituted an offence.\n> \n> > (5) This section does not affect any powers under any other provisions of the education and teaching legislation or under any other legislation.\n> > \n> > Note—\n> > \n> > For example, under section 24 of the [Education Act 1990](/view/html/inforce/current/act-1990-008) an inspector may require the principal of a school to furnish a copy of the register of enrolments and attendances that is required to be kept under that section.\n> \n> > (6) In this section—\n> > \n> > education premises means any of the following—\n> > \n> > > (a) any government school or non-government school within the meaning of the [Education Act 1990](/view/html/inforce/current/act-1990-008) (including any proposed non-government school in respect of which an application for registration has been made under that Act),\n> > \n> > > (b) the premises of an approved provider within the meaning of Part 7A of the [Education Act 1990](/view/html/inforce/current/act-1990-008) (but only to the extent to which the premises are used to carry out activities as such an approved provider),\n> > \n> > > (c) an early childhood education centre within the meaning of the [Teacher Accreditation Act 2004](/view/html/inforce/current/act-2004-065),\n> > \n> > > (d) the premises of a person or body approved by the Authority to provide professional development in accordance with the requirements of the professional teaching standards under the [Teacher Accreditation Act 2004](/view/html/inforce/current/act-2004-065) (but only to the extent to which the premises are used to carry out activities as such a provider).\n> > \n> > > (e) (Repealed)\n> \n> **s 14:** Am 2014 No 68, Sch 2 \\[2\\]; 2016 No 50, Sch 1 \\[7\\]–\\[9\\]; 2021 No 41, Sch 2\\[1\\].","sortOrder":22},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":23},{"sectionNumber":"15","sectionType":"section","heading":"Education Standards Authority Fund","content":"#### 15 Education Standards Authority Fund\n\n15 Education Standards Authority Fund\n\n> > (1) There is to be established in the Special Deposits Account the Education Standards Authority Fund (the Fund) into which is to be paid—\n> > \n> > > (a) the fees and charges payable to the Authority under the [Teacher Accreditation Act 2004](/view/html/inforce/current/act-2004-065), and\n> > \n> > > (b) any money appropriated by Parliament for the purposes of the Authority, and\n> > \n> > > (c) the proceeds of any property acquired by the Authority under section 19, and\n> > \n> > > (d) any other money required by or under this or any other Act to be paid into the Fund.\n> \n> > (2) There is to be paid from the Fund—\n> > \n> > > (a) all amounts required to meet expenditure incurred by the Authority in exercising its functions and in the administration of the education and teaching legislation, and\n> > \n> > > (b) any allowances paid to members of the Quality Teaching Committee established under the [Teacher Accreditation Act 2004](/view/html/inforce/current/act-2004-065), and\n> > \n> > > (c) any amount authorised by the Minister to be paid from the Fund, and\n> > \n> > > (d) all other payments required by or under this or any other Act to be paid from the Fund.\n> \n> > (3) Despite subsection (2), money held in the Fund that consists of the fees and charges paid to the Authority under the [Teacher Accreditation Act 2004](/view/html/inforce/current/act-2004-065) is to be applied only for the purposes of meeting costs incurred by the Authority in connection with the accreditation of teachers under that Act and in monitoring, maintaining and developing teacher quality.\n> \n> > (4) The Authority may invest money in the Fund—\n> > \n> > > (a) if the Authority is a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in any way that the Authority is permitted to invest money under that Part, or\n> > \n> > > (b) if the Authority is not a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in accordance with and subject to the [Trustee Act 1925](/view/html/inforce/current/act-1925-014) and in any other way approved by the Minister with the concurrence of the Treasurer.\n> \n> **s 15:** Am 2016 No 50, Sch 1 \\[10\\] \\[11\\]; 2018 No 70, Sch 3.16.","sortOrder":24},{"sectionNumber":"16","sectionType":"section","heading":"Exchange of information","content":"#### 16 Exchange of information\n\n16 Exchange of information\n\n> > (1) The Authority may enter into an arrangement (an information sharing arrangement) with a relevant agency for the purposes of sharing or exchanging any information that is held by the Authority or the agency.\n> \n> > (2) The information to which an information sharing arrangement may relate is limited to the following—\n> > \n> > > (a) any information that assists in the exercise of the functions of the Minister or Authority under the education and teaching legislation or of the relevant agency concerned,\n> > \n> > > (b) data relating to the teaching workforce,\n> > \n> > > (c) research on issues relating to teacher quality.\n> \n> > (3) Under an information sharing arrangement, the Authority and the relevant agency are, despite any other Act or law of the State, authorised—\n> > \n> > > (a) to request and receive information that is held by the other party to the arrangement, and\n> > \n> > > (b) to disclose that information to the other party.\n> \n> > (4) This section does not limit the operation of section 83S of the [Education Act 1990](/view/html/inforce/current/act-1990-008) or section 18 (3) of the [Teacher Accreditation Act 2004](/view/html/inforce/current/act-2004-065).\n> \n> > (5) In this section—\n> > \n> > relevant agency means any of the following—\n> > \n> > > (a) the Department of Education or any other Public Service agency,\n> > \n> > > (b) (Repealed)\n> > \n> > > (c) a university or other tertiary institution,\n> > \n> > > (d) a government agency of the Commonwealth or of another State or Territory with functions similar or related to those of the Authority,\n> > \n> > > (e) any other person or body prescribed by the regulations.\n> \n> **s 16:** Am 2016 No 50, Sch 1 \\[12\\] \\[13\\]; 2021 No 41, Sch 2\\[2\\].","sortOrder":25},{"sectionNumber":"17","sectionType":"section","heading":"False or misleading applications etc","content":"#### 17 False or misleading applications etc\n\n17 False or misleading applications etc\n\n> > (1) A person must not, in any official document, make a statement that the person knows, or could reasonably be expected to know—\n> > \n> > > (a) is false or misleading in a material respect, or\n> > \n> > > (b) omits material matter.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) In this section—\n> > \n> > official document means any application, instrument or other document that is, for the purposes of the education and teaching legislation, given to or lodged with the Minister or the Authority.","sortOrder":26},{"sectionNumber":"18","sectionType":"section","heading":"Protection from personal liability","content":"#### 18 Protection from personal liability\n\n18 Protection from personal liability\n\n> Anything done or omitted to be done by a person who is—\n> \n> > (a) a member of the Board or of a committee of the Board, or\n> \n> > (b) a member of staff of the Authority, or\n> \n> > (c) acting under the direction of the Authority,\n> \n> in exercising functions conferred or imposed on the person by or under the education and teaching legislation, or in the course of the administration of that legislation, does not, if it was done or omitted to be done in good faith, subject the person personally to any action, liability, claim or demand.","sortOrder":27},{"sectionNumber":"19","sectionType":"section","heading":"Authority may accept gifts, devises or bequests","content":"#### 19 Authority may accept gifts, devises or bequests\n\n19 Authority may accept gifts, devises or bequests\n\n> > (1) The Authority may acquire by gift, devise or bequest any property for the purposes of the education and teacher legislation.\n> \n> > (2) The Authority may agree to the condition to which any such gift, devise or bequest is subject.\n> \n> > (3) The rule of law relating to perpetuities does not apply to any condition to which the Authority has agreed under this section.","sortOrder":28},{"sectionNumber":"20","sectionType":"section","heading":"Service of documents","content":"#### 20 Service of documents\n\n20 Service of documents\n\n> > (1) A document that is authorised or required by the education and teaching legislation to be served on any person may be served by any of the following methods—\n> > \n> > > (a) in the case of an individual—by personal delivery to the person,\n> > \n> > > (b) by post to the address specified by the person for the service of documents of that kind,\n> > \n> > > (c) in the case of an individual who has not specified such an address—by post to the residential or business address of the person last known to the person serving the document,\n> > \n> > > (d) in the case of a corporation—by post to the registered office or any other office of the corporation or by leaving it at any such office with a person apparently over the age of 16 years,\n> > \n> > > (e) by email to an email address specified by the person for the service of documents of that kind,\n> > \n> > > (f) by any other method authorised by the regulations for the service of documents of that kind.\n> \n> > (2) A document may be served on the Authority by any of the following methods—\n> > \n> > > (a) by post to the address specified by the Authority for the service of documents of that kind,\n> > \n> > > (b) by post to an office of the Authority or by leaving it at any such office with a person apparently over the age of 16 years,\n> > \n> > > (c) by email to an email address specified by the Authority for the service of documents of that kind,\n> > \n> > > (d) by any other method authorised by the regulations for the service of documents of that kind.\n> \n> > (3) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on a person or the Authority by any other method.\n> \n> > (4) In this section, serve includes give or send.\n> \n> **s 20:** Subst 2016 No 50, Sch 1 \\[14\\].","sortOrder":29},{"sectionNumber":"21","sectionType":"section","heading":null,"content":"#### 21\n\n21 (Repealed)","sortOrder":30},{"sectionNumber":"22","sectionType":"section","heading":"Nature of proceedings for offences","content":"#### 22 Nature of proceedings for offences\n\n22 Nature of proceedings for offences\n\n> Proceedings for an offence under this Act may be dealt with summarily before the Local Court.","sortOrder":32},{"sectionNumber":"23","sectionType":"section","heading":"Penalty notices","content":"#### 23 Penalty notices\n\n23 Penalty notices\n\n> > (1) A member of staff of the Authority authorised in writing by the Authority may issue a penalty notice to a person if it appears to the member of staff that the person has committed a penalty notice offence.\n> \n> > (2) A penalty notice offence is an offence under the education and teaching legislation that is prescribed by the regulations as a penalty notice offence.\n> \n> > (3) The [Fines Act 1996](/view/html/inforce/current/act-1996-099) applies to a penalty notice issued under this section.\n> > \n> > Note—\n> > \n> > The [Fines Act 1996](/view/html/inforce/current/act-1996-099) provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.\n> \n> > (4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations.\n> \n> > (5) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.\n> \n> **s 23:** Subst 2016 No 50, Sch 1 \\[15\\].","sortOrder":33},{"sectionNumber":"24","sectionType":"section","heading":"Regulations","content":"#### 24 Regulations\n\n24 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":34},{"sectionNumber":"25","sectionType":"section","heading":"Rules of Authority","content":"#### 25 Rules of Authority\n\n25 Rules of Authority\n\n> > (1) The Authority may make rules, not inconsistent with the education and teaching legislation, for or with respect to the exercise of any of its functions or any other matter that is required or permitted to be prescribed under that legislation by the rules.\n> \n> > (2) Without limiting subsection (1), the rules may—\n> > \n> > > (a) set out guidelines with respect to the requirements for registration, approval and accreditation under the education and teaching legislation, and\n> > \n> > > (b) make provision for or with respect to the conduct of proceedings of committees of the Board of the Authority or of subcommittees of such committees.\n> \n> > (3) A rule does not take effect unless approved by the Minister.\n> \n> > (4) A rule is to be published on the Authority’s website and takes effect on the date of publication or a later date specified in the rule.\n> \n> > (5) A copy of each rule must be available for public inspection at the Authority’s office during business hours.\n> \n> **s 25:** Am 2016 No 50, Sch 1 \\[16\\] \\[17\\].","sortOrder":35},{"sectionNumber":"25A","sectionType":"section","heading":"Delegation of Minister’s functions","content":"#### 25A Delegation of Minister’s functions\n\n25A Delegation of Minister’s functions\n\n> The Minister may delegate to any person or body any function conferred or imposed on the Minister by or under this Act, other than this power of delegation or the following—\n> \n> > (a) the appointment of members of the Board,\n> \n> > (b) the issuing of a Statement of Expectations under section 10.\n> \n> **s 25A:** Ins 2016 No 50, Sch 1 \\[18\\].","sortOrder":36},{"sectionNumber":"26","sectionType":"section","heading":"Review of Act","content":"#### 26 Review of Act\n\n26 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the commencement of this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":37},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Provisions relating to members and procedure of Board","content":"# Schedule 1 Provisions relating to members and procedure of Board\n\nSchedule 1 Provisions relating to members and procedure of Board\n\n(Section 6 (7))\n\n**sch 1:** Subst 2016 No 50, Sch 1 \\[19\\].","sortOrder":38},{"sectionNumber":"Schedule 1A","sectionType":"schedule","heading":null,"content":"# Schedule 1A\n\nSchedule 1A (Repealed)\n\n**sch 1A:** Ins 2013 No 89, Sch 5.1 \\[4\\]. Rep 2016 No 50, Sch 1 \\[20\\].","sortOrder":54},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 2 Savings, transitional and other provisions\n\nSchedule 2 Savings, transitional and other provisions\n\n**sch 2:** Am 2016 No 50, Sch 1 \\[21\\].","sortOrder":55},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":null,"content":"# Schedule 3\n\nSchedules 3–5 (Repealed)\n\n**sch 3:** Rep 1987 No 15, sec 30C.\n\n**sch 4:** Rep 1987 No 15, sec 30C.\n\n**sch 5:** Am 1987 No 15, sec 30C. Rep 2014 No 33, Sch 4.","sortOrder":72}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2013 scope. The original Act created the 'Board of Studies, Teaching and Educational Standards' (BOSTES) by merging the Board of Studies and NSW Institute of Teachers. However, the 2016 amendments (Education and Teaching Legislation Amendment Act 2016) substantially reconstituted the body as the 'NSW Education Standards Authority' with a new governance structure, replaced the 'President' with a 'Chairperson', removed the requirement for the CEO to be a Public Service employee, and restructured the Board composition. The Act now functions as an ongoing statutory framework rather than merely a transitional merger statute, with expanded functions including strategic leadership in education standards, evidence-based approaches, and broader regulatory oversight across the entire school education and teaching sector."},"complexity_factors":["Multiple amending Acts referenced throughout (especially the 2016 rewrite of Part 2), requiring readers to track historical changes","Extensive cross-referencing to other legislation including the Education Act 1990, Teacher Accreditation Act 2004, Government Sector Employment Act 2013, and Government Sector Finance Act 2018","Nested definitions — 'education and teaching legislation' is defined to include this Act plus two other Acts and their regulations/instruments","Conditional logic in section 15 regarding Fund investment depending on whether Authority is a 'GSF agency'","Transitional provisions in Schedule 2 dealing with dissolution of three former statutory bodies and transfer of assets, rights, liabilities and staff","Complex Board composition requirements in section 6 with multiple categories of appointed members (minimum 11, maximum 13 members) and specific sectoral representation mandates","Multiple layers of delegation: Authority can delegate to authorised persons (s 12B), Minister can delegate functions (s 25A), Board can establish committees with delegated functions (s 12C)","Protection provisions and offence provisions with specific evidentiary requirements (s 14 regarding inspector identification before obstruction offence applies)"],"plain_english_summary":"**What this law does:**\n\nThis Act creates the **NSW Education Standards Authority** (NESA) — the government body that oversees what happens in NSW schools and with teachers. Think of it as the 'quality control' organisation for education in the state.\n\n**Who it affects:**\n\n- **Students and parents** — because NESA sets the curriculum, runs exams (like the HSC), and decides which schools can operate\n- **Teachers** — because NESA accredits them (checks they're qualified) and sets professional standards\n- **Schools** — both government and non-government schools must register with NESA and meet its standards\n- **Universities and training providers** — because NESA approves teacher education courses\n\n**Key things NESA does:**\n\n- Develops what kids learn at school (the curriculum)\n- Runs basic skills testing and awards certificates like the Record of School Achievement and Higher School Certificate (HSC)\n- Registers and inspects schools to make sure they meet standards\n- Accredits teachers and monitors teaching quality\n- Approves courses for people who want to become teachers\n- Can send inspectors into schools to check compliance with education laws\n\n**How it's run:**\n\n- A **Board** governs NESA, made up of representatives from government schools, Catholic schools, independent schools, teacher unions, Aboriginal education, plus experts in areas like universities, vocational training, and business\n- The **Minister for Education** gives strategic direction but can't interfere with specific advice NESA gives or its curriculum functions\n- A **Chief Executive Officer** handles day-to-day operations\n\n**Why it matters:**\n\nThis law merged two previous bodies — the Board of Studies and the NSW Institute of Teachers — into one organisation. The idea was to create a single, streamlined body responsible for both *what* students learn and *who* teaches them, ensuring consistent quality across all NSW schools."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The scope has modestly expanded from the original intent. Originally named the 'Board of Studies, Teaching and Educational Standards Act 2013', the 2016 rebranding to an 'Authority' reflected a structural shift from a collegiate board model to a more streamlined regulatory authority model. This signals a broader and more formalised regulatory mandate beyond the original Board's functions, though the core purpose — overseeing education standards, curriculum, teacher accreditation, and school registration in NSW — has remained consistent."},"complexity_factors":["The provided text is largely metadata and navigational content from the NSW legislation website — the actual substantive provisions of the Act are not included, limiting full analysis","The Act has been amended multiple times across nine point-in-time versions since 2013, creating a layered legislative history","The Act interacts with multiple other pieces of education legislation governing schools, teachers, and curriculum","The renaming of the Act and the replacement of 'Board' with 'Authority' throughout creates potential for confusion when cross-referencing older documents","Ministerial responsibility and administrative arrangements add a layer of governmental complexity"],"plain_english_summary":"## Education Standards Authority Act 2013 (NSW)\n\n### What is this law?\nThis is a NSW law that established the **NSW Education Standards Authority (NESA)** — the government body responsible for overseeing education quality and standards across New South Wales.\n\n### What does NESA do?\nNESA is the authority that:\n- Sets and monitors **curriculum and syllabus standards** for NSW schools\n- Oversees the **HSC (Higher School Certificate)** and other educational credentials\n- **Registers and accredits teachers** in NSW, setting the standards teachers must meet to work in classrooms\n- Registers and accredits **schools** (both government and non-government)\n- Sets standards for **teacher education courses** at universities\n\n### Who does this affect?\n- **Students** in NSW schools — NESA controls what you're taught and how you're assessed\n- **Teachers** — you must be accredited by NESA to teach in NSW; NESA sets the standards you must meet\n- **Schools** — both public and private schools must be registered/approved by NESA\n- **Parents** — NESA shapes what education your children receive\n- **Universities** — teacher education programs must meet NESA's standards\n\n### Key background detail\nThis Act was originally called the **Board of Studies, Teaching and Educational Standards Act 2013** and was renamed when the organisation itself was rebranded from a \"Board\" to an \"Authority\" in 2016. The law has been updated multiple times since 2013, with the most recent version in force from July 2023.\n\n### Why does it matter?\nNESA is essentially the **quality control body for all of NSW education**. Whether you're a student sitting the HSC, a teacher seeking accreditation, or a school seeking registration, NESA's rules directly affect you."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act, as presented, reorganises and formally constitutes the NSW Education Standards Authority and transfers functions, staff, assets and funds from predecessor bodies into that single Authority (see Schedule 2, Part 2 and Part 3). It declares the Authority a continuation of the former body (Schedule 2, Part 3, cl 9) and preserves core functions (curriculum, accreditation, registration, certificates) listed in s 12. The text therefore indicates institutional reconstitution and continuity rather than a material expansion or contraction of statutory scope; amendments substituted Part 2 (noted at top of Part 2) but the Schedule expressly provides continuity of functions and the Fund (Schedule 2, cls 9–10)."},"complexity_factors":["Multiple cross‑references to other legislation (Education Act 1990, Teacher Accreditation Act 2004, Government Sector Employment Act 2013, Government Sector Finance Act 2018, Trustee Act 1925, Fines Act 1996) which require reading those instruments to understand limits and interactions (see s 3 note, s 9, s 10(3), s 15(4), s 23).","High degree of ministerial discretion and approval points (appointments, charter and rules approval, Statement of Expectations, power to direct the Authority) that affect operational outcomes (s 5, s 6, s 10, s 25, s 25A).","Broad delegation powers allowing the Authority to delegate most functions to many categories of authorised persons or bodies, increasing administrative pathways to exercise statutory functions (s 12B).","Inspectors’ wide, notice‑optional powers to enter premises, inspect and copy documents, and audit, which set strong compliance obligations for regulated entities (s 13–14).","Fund governance with earmarking of specific fee revenue and differing investment rules depending on agency status, which constrains financial flexibility (s 15(1)–(4)).","Information‑sharing authorisations that override other State laws for limited categories of information but require arrangements and definitions of relevant agencies (s 16).","Detailed membership, conflict‑of‑interest and procedural rules in Schedule 1 that affect Board composition, removal and decision‑making (s 6; Schedule 1).","Transitional and savings provisions transferring staff, assets and functions from prior bodies, which create implementation and continuity considerations (Schedule 2, Part 2 and Part 3).","Multiple enforcement mechanisms (criminal offences, penalty notices, administrative rules) requiring coordination across enforcement options (s 14(3), s 17, s 23)."],"plain_english_summary":"What this law does, mechanically\n\n- It creates the NSW Education Standards Authority (the Authority) as a corporate body and a NSW Government agency (s 4).\n- It sets up a Minister‑appointed Board (composition rules at s 6) to determine policy and oversee the Authority (s 7). The Minister can direct the Authority except in relation to the contents of its advice/reports and certain functions under the Education Act (s 5). The Minister also approves the Authority’s charter and may issue an annual Statement of Expectations that sets priorities (s 10).\n- The Authority is run day‑to‑day by a Chief Executive Officer employed in the Public Service (s 8–9). The Authority may employ staff in the Public Service to carry out its work (s 9).\n- The Act lists the Authority’s principal objectives (s 11) and specific functions (s 12), including setting and monitoring curriculum, assessment, school registration and accreditation, teacher accreditation, issuing school certificates and approving providers for overseas students.\n- The Authority may delegate most of its functions (s 12B) and may form Board committees (s 12C) and subcommittees (s 12D) to assist or to exercise delegated functions.\n- The Authority can appoint inspectors (s 13). Inspectors have broad powers to enter education premises, inspect and copy documents, and carry out audits; those powers may be exercised without prior notice (s 14(1), (2A)). Hindering an inspector is an offence (s 14(3)–(4)).\n- The Act establishes the Education Standards Authority Fund in the Special Deposits Account (s 15). Money payable into the Fund includes fees and charges payable under the Teacher Accreditation Act, Parliamentary appropriations, proceeds of property acquired by the Authority and other prescribed money (s 15(1)). The Fund meets the Authority’s expenditures; fees collected for teacher accreditation must be applied only to accreditation and teacher‑quality activities (s 15(2)–(3)). Investment of Fund money is governed by other finance laws (s 15(4)).\n- The Authority may enter information‑sharing arrangements with defined relevant agencies and, subject to limits on the categories of information (s 16(2)), may request, receive and disclose that information despite other State laws (s 16(3)). Relevant agencies include the Department of Education, universities and other prescribed bodies (s 16(5)).\n- The Act creates offences and enforcement tools: making false or misleading statements in official documents (max 50 penalty units) (s 17); penalty notices may be issued for prescribed offences and the Fines Act applies (s 23).\n- The Authority can accept gifts, devisees and bequests and may agree to conditions attached to them (s 19). It also provides protection from personal liability for Board members and staff acting in good faith (s 18).\n- The Governor may make regulations (s 24). The Authority may make rules for its exercise of functions, but rules require Minister approval, public publication on the Authority’s website and availability for public inspection (s 25(1), (3)–(5)).\n- The Minister may delegate many of the Minister’s functions under the Act, but not the power to appoint Board members or to issue the annual Statement of Expectations (s 25A).\n- The Act contains transitional and savings provisions transferring staff, assets and functions from predecessor bodies into the Authority and declares the Authority a continuation of the former body (Schedule 2, Part 2 and Part 3).\n\nWho this affects (directly cited)\n\n- Schools: government and non‑government and proposed non‑government schools (inspection and registration scope) (s 14(6)(a), s 12(f)).\n- Early childhood education centres, providers of professional development and providers approved for overseas students (s 14(6)(b)–(d), s 12(g)).\n- Teachers and teacher‑education providers: accreditation, approval and fees under the Teacher Accreditation Act (s 12(b)–(c), s 15(1)(a), s 15(3)).\n- Board members, committees and Authority staff: appointment, remuneration, duties and protections (s 6, Schedule 1, s 18).\n- Relevant agencies and tertiary institutions that may enter information‑sharing arrangements with the Authority (s 16).\n\nWho pays, who decides, what changes in behaviour\n\n- Who pays: fees and charges connected with teacher accreditation go into the Authority’s Fund (s 15(1)(a)); Parliament may appropriate money to the Fund (s 15(1)(b)). Individuals or organisations supplying false or misleading official documents risk penalties (s 17) and prescribed penalty notices (s 23).\n- Who decides: the Minister appoints Board members, approves the charter and the Authority’s rules and may issue a Statement of Expectations (s 6, s 10, s 25). The Board sets general policy and oversees the Authority (s 7). The Authority (and the Board by delegation) exercises statutory functions and may delegate many functions to authorised persons or bodies (s 12, s 12B).\n- Behaviour changes the law creates: schools and providers can expect regulatory oversight, inspections and document production (s 14); teachers and providers must satisfy accreditation and approval requirements (s 12, s 15(3)); persons lodging official documents must avoid false or misleading statements (s 17); agencies covered by information‑sharing arrangements will share specified data to assist the Authority’s or the agency’s functions (s 16).\n\nCosts, incentives, trade‑offs, implementation and compliance points (source‑grounded)\n\n- Compliance costs: schools, early childhood centres and providers must make premises and documents available to inspectors and meet accreditation and registration requirements (s 14, s 12). Those activities create administrative time and potentially fees (s 15(1)(a)).\n- Fee constraints and incentives: accreditation fees collected under the Teacher Accreditation Act must be spent only on accreditation and teacher‑quality activities (s 15(3)), which directs the Authority’s budgetary incentives toward those functions but limits cross‑subsidy options (s 15(2)–(3)).\n- Centralised decision and discretionary power: the Minister’s appointment, approval and direction powers (s 5, s 6, s 10, s 25) concentrate discretion in the executive and can shape how rapidly or in what direction rules and charter elements are adopted; the Board and the Authority have operational discretion subject to those controls (s 7, s 12). The Authority may delegate broad powers to committees, staff or prescribed persons (s 12B), which spreads execution but retains statutory accountability.\n- Enforcement and administrative options: the Act provides criminal penalties for obstruction of inspectors and for false statements (s 14(3), s 17) and administrative enforcement options through penalty notices (s 23), creating multiple pathways to compliance enforcement.\n- Information flows and privacy/compliance trade‑offs: the Authority may share or obtain data from a wide set of relevant agencies despite other State laws where covered by an information‑sharing arrangement (s 16(1), (3)); the permitted categories of information are limited (s 16(2)), but authorised disclosures reduce legal barriers to cross‑agency data exchange.\n- Implementation risks and opportunity costs: the Act consolidates predecessor bodies and transfers staff and assets (Schedule 2) which reallocates institutional resources and may require transitional management. Requirement for Ministerial approval of rules and committees (s 12C, s 25(3)) can slow rule‑making and create implementation bottlenecks. Inspectors’ power to act without prior notice (s 14(2A)) reduces ability of regulated entities to prepare for inspections, increasing real‑time compliance demands.\n\nConcise summary of structural effects on private actors and markets\n\n- The Authority regulates school registration, teacher accreditation and approvals for providers (s 12). These regulatory controls shape how non‑government schools, private providers and teacher‑education institutions operate: they must meet standards, submit documents and undergo inspections (s 12, s 14). Fees for accreditation flow into the Authority’s Fund and are ring‑fenced for accreditation and teacher‑quality work (s 15(1)(a), s 15(3)). Information‑sharing powers (s 16) and delegated decision‑making (s 12B) change the administrative pathways by which compliance is monitored and enforced.\n\nSource citations: specified sections as bracketed above (for example, s 4, s 5, s 6, s 7, s 8–9, s 10–12, s 12B–12D, s 13–14, s 15–16, s 17–19, s 23–26, Schedule 1, Schedule 2)."}},"importantCases":[],"_links":{"self":"/api/acts/education-standards-authority-act-2013","history":"/api/acts/education-standards-authority-act-2013/history","analysis":"/api/acts/education-standards-authority-act-2013/analysis","conflicts":"/api/acts/education-standards-authority-act-2013/conflicts","importantCases":"/api/acts/education-standards-authority-act-2013/important-cases","documents":"/api/acts/education-standards-authority-act-2013/documents"}}