{"id":"qld:act-2016-052","name":"Grammar Schools Act 2016","slug":"grammar-schools-act-2016","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"52 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174739,"registerId":"qld-qld:act-2016-052-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Grammar Schools Act 2016 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main purpose of Act and its achievement","content":"### sec.3 Main purpose of Act and its achievement\n\nThe main purpose of this Act is to maintain public confidence in grammar schools.\nThe main purpose is achieved by regulating the governance and administration of grammar schools.\n(sec.3-ssec.1) The main purpose of this Act is to maintain public confidence in grammar schools.\n(sec.3-ssec.2) The main purpose is achieved by regulating the governance and administration of grammar schools.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act binds all persons","content":"### sec.4 Act binds all persons\n\nThis Act binds all persons, including the State.\nNothing in this Act makes the State liable to be prosecuted for an offence.\n(sec.4-ssec.1) This Act binds all persons, including the State.\n(sec.4-ssec.2) Nothing in this Act makes the State liable to be prosecuted for an offence.","sortOrder":5},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Definitions","content":"### sec.5 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Meaning of grammar school","content":"### sec.6 Meaning of grammar school\n\nEach of the following schools is a grammar school —\nBrisbane Girls Grammar School;\nBrisbane Grammar School;\nIpswich Girls’ Grammar School including Ipswich Junior Grammar School;\nIpswich Grammar School;\nRockhampton Girls Grammar School;\nThe Rockhampton Grammar School;\nToowoomba Grammar School;\nTownsville Grammar School.\n- (a) Brisbane Girls Grammar School;\n- (b) Brisbane Grammar School;\n- (c) Ipswich Girls’ Grammar School including Ipswich Junior Grammar School;\n- (d) Ipswich Grammar School;\n- (e) Rockhampton Girls Grammar School;\n- (f) The Rockhampton Grammar School;\n- (g) Toowoomba Grammar School;\n- (h) Townsville Grammar School.","sortOrder":8},{"sectionNumber":"pt.2","sectionType":"part","heading":"Boards of trustees","content":"# Boards of trustees","sortOrder":9},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishment","content":"## Establishment","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Establishment generally","content":"### sec.7 Establishment generally\n\nThere is a board of trustees for each grammar school.","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Legal status","content":"### sec.8 Legal status\n\nA board—\nis a body corporate; and\nmay sue and be sued in its corporate name.\n- (a) is a body corporate; and\n- (b) may sue and be sued in its corporate name.","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Relationship with State","content":"### sec.9 Relationship with State\n\nA board does not represent the State.","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Application of other Acts","content":"### sec.10 Application of other Acts\n\nA board is a statutory body under—\nthe Financial Accountability Act 2009 ; and\nthe Statutory Bodies Financial Arrangements Act 1982 .\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B explains how that Act affects a board’s powers.\n(sec.10-ssec.1) A board is a statutory body under— the Financial Accountability Act 2009 ; and the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.10-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B explains how that Act affects a board’s powers.\n- (a) the Financial Accountability Act 2009 ; and\n- (b) the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":14},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Functions","content":"## Functions","sortOrder":15},{"sectionNumber":"sec.11","sectionType":"section","heading":"Functions","content":"### sec.11 Functions\n\nThe functions of a board are as follows—\nto supervise, maintain and control the operations of the board’s school;\nto erect, alter, add to, purchase or sell buildings used or to be used for the board’s school;\nto effect general improvements to the premises used or to be used for the board’s school;\nto provide an educational program for the board’s school;\nto make policies and procedures about—\nfees and charges payable in relation to students enrolled or to be enrolled at the board’s school; and\nthe discipline and conduct of students enrolled at the board’s school; and\nthe management and control of the board’s school; and\nthe matters mentioned in paragraphs (a) to (d) ;\nany other function given to the board under this Act or another Act.\n- (a) to supervise, maintain and control the operations of the board’s school;\n- (b) to erect, alter, add to, purchase or sell buildings used or to be used for the board’s school;\n- (c) to effect general improvements to the premises used or to be used for the board’s school;\n- (d) to provide an educational program for the board’s school;\n- (e) to make policies and procedures about— (i) fees and charges payable in relation to students enrolled or to be enrolled at the board’s school; and (ii) the discipline and conduct of students enrolled at the board’s school; and (iii) the management and control of the board’s school; and (iv) the matters mentioned in paragraphs (a) to (d) ;\n- (i) fees and charges payable in relation to students enrolled or to be enrolled at the board’s school; and\n- (ii) the discipline and conduct of students enrolled at the board’s school; and\n- (iii) the management and control of the board’s school; and\n- (iv) the matters mentioned in paragraphs (a) to (d) ;\n- (f) any other function given to the board under this Act or another Act.\n- (i) fees and charges payable in relation to students enrolled or to be enrolled at the board’s school; and\n- (ii) the discipline and conduct of students enrolled at the board’s school; and\n- (iii) the management and control of the board’s school; and\n- (iv) the matters mentioned in paragraphs (a) to (d) ;","sortOrder":16},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Powers","content":"## Powers","sortOrder":17},{"sectionNumber":"sec.12","sectionType":"section","heading":"General powers","content":"### sec.12 General powers\n\nA board has all the powers of an individual, and may, for example—\nenter into contracts; and\nacquire, hold, deal with and dispose of property; and\ndo anything else necessary or convenient to be done in performing its functions.\n- (a) enter into contracts; and\n- (b) acquire, hold, deal with and dispose of property; and\n- (c) do anything else necessary or convenient to be done in performing its functions.","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"Power to make by-laws","content":"### sec.13 Power to make by-laws\n\nA board may make by-laws about elections under this Act, including by-laws about the following—\nthe electoral eligibility amount for the board for all elections or a particular election;\nwhen an election is to be held;\nthe maximum number of terms for which a person may be elected as a member.\nThe board may also make by-laws about the conduct of its business, including—\nwhen and how meetings are held; and\nthe adjournment of meetings; and\nwho must preside at meetings; and\nhow a conflict of interest of a member must be identified, declared and dealt with.\nA by-law made under this section—\nhas effect only to the extent it is consistent with this Act; and\nis not subordinate legislation.\n(sec.13-ssec.1) A board may make by-laws about elections under this Act, including by-laws about the following— the electoral eligibility amount for the board for all elections or a particular election; when an election is to be held; the maximum number of terms for which a person may be elected as a member.\n(sec.13-ssec.2) The board may also make by-laws about the conduct of its business, including— when and how meetings are held; and the adjournment of meetings; and who must preside at meetings; and how a conflict of interest of a member must be identified, declared and dealt with.\n(sec.13-ssec.3) A by-law made under this section— has effect only to the extent it is consistent with this Act; and is not subordinate legislation.\n- (a) the electoral eligibility amount for the board for all elections or a particular election;\n- (b) when an election is to be held;\n- (c) the maximum number of terms for which a person may be elected as a member.\n- (a) when and how meetings are held; and\n- (b) the adjournment of meetings; and\n- (c) who must preside at meetings; and\n- (d) how a conflict of interest of a member must be identified, declared and dealt with.\n- (a) has effect only to the extent it is consistent with this Act; and\n- (b) is not subordinate legislation.","sortOrder":19},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Membership","content":"## Membership","sortOrder":20},{"sectionNumber":"sec.14","sectionType":"section","heading":"Members","content":"### sec.14 Members\n\nA board consists of at least 7 but no more than 9 persons (each a member ), as follows—\n4 members nominated by the Minister;\n3 members elected under section 15 ;\nup to 2 additional members chosen by the board and nominated by the Minister under subsection (2) .\nThe Minister must nominate an additional member or members chosen by the board if—\nthe board asks the Minister to nominate the additional member or members; and\nthe Minister is satisfied of the matters mentioned in subsection (5) (a) for the additional member or members.\nEach member must be appointed by the Governor in Council.\nA person is eligible to be an elected member only if the person—\nhas donated the electoral eligibility amount for the board to the board’s grammar school; and\nhas not already served the maximum number of terms as a member under the board’s by-laws.\nBefore nominating a person for appointment to the board, the Minister must—\nbe satisfied the person has—\na sufficient understanding, or the ability to rapidly acquire a sufficient understanding, of legislation applying to grammar schools; and\nthe skills, experience or expertise in commerce, corporate governance, economics, finance, law, management or education, or another area the Minister considers relevant or necessary to support the board in performing its functions; and\nfor a nomination other than a nomination for an additional member under subsection (2) —\nconsult with the board about the proposed nomination; and\nconsider the board’s submissions about the proposed nomination, including, for example, the board’s submissions about the effect of the nomination on the composition of the board.\n(sec.14-ssec.1) A board consists of at least 7 but no more than 9 persons (each a member ), as follows— 4 members nominated by the Minister; 3 members elected under section 15 ; up to 2 additional members chosen by the board and nominated by the Minister under subsection (2) .\n(sec.14-ssec.2) The Minister must nominate an additional member or members chosen by the board if— the board asks the Minister to nominate the additional member or members; and the Minister is satisfied of the matters mentioned in subsection (5) (a) for the additional member or members.\n(sec.14-ssec.3) Each member must be appointed by the Governor in Council.\n(sec.14-ssec.4) A person is eligible to be an elected member only if the person— has donated the electoral eligibility amount for the board to the board’s grammar school; and has not already served the maximum number of terms as a member under the board’s by-laws.\n(sec.14-ssec.5) Before nominating a person for appointment to the board, the Minister must— be satisfied the person has— a sufficient understanding, or the ability to rapidly acquire a sufficient understanding, of legislation applying to grammar schools; and the skills, experience or expertise in commerce, corporate governance, economics, finance, law, management or education, or another area the Minister considers relevant or necessary to support the board in performing its functions; and for a nomination other than a nomination for an additional member under subsection (2) — consult with the board about the proposed nomination; and consider the board’s submissions about the proposed nomination, including, for example, the board’s submissions about the effect of the nomination on the composition of the board.\n- (a) 4 members nominated by the Minister;\n- (b) 3 members elected under section 15 ;\n- (c) up to 2 additional members chosen by the board and nominated by the Minister under subsection (2) .\n- (a) the board asks the Minister to nominate the additional member or members; and\n- (b) the Minister is satisfied of the matters mentioned in subsection (5) (a) for the additional member or members.\n- (a) has donated the electoral eligibility amount for the board to the board’s grammar school; and\n- (b) has not already served the maximum number of terms as a member under the board’s by-laws.\n- (a) be satisfied the person has— (i) a sufficient understanding, or the ability to rapidly acquire a sufficient understanding, of legislation applying to grammar schools; and (ii) the skills, experience or expertise in commerce, corporate governance, economics, finance, law, management or education, or another area the Minister considers relevant or necessary to support the board in performing its functions; and\n- (i) a sufficient understanding, or the ability to rapidly acquire a sufficient understanding, of legislation applying to grammar schools; and\n- (ii) the skills, experience or expertise in commerce, corporate governance, economics, finance, law, management or education, or another area the Minister considers relevant or necessary to support the board in performing its functions; and\n- (b) for a nomination other than a nomination for an additional member under subsection (2) — (i) consult with the board about the proposed nomination; and (ii) consider the board’s submissions about the proposed nomination, including, for example, the board’s submissions about the effect of the nomination on the composition of the board.\n- (i) consult with the board about the proposed nomination; and\n- (ii) consider the board’s submissions about the proposed nomination, including, for example, the board’s submissions about the effect of the nomination on the composition of the board.\n- (i) a sufficient understanding, or the ability to rapidly acquire a sufficient understanding, of legislation applying to grammar schools; and\n- (ii) the skills, experience or expertise in commerce, corporate governance, economics, finance, law, management or education, or another area the Minister considers relevant or necessary to support the board in performing its functions; and\n- (i) consult with the board about the proposed nomination; and\n- (ii) consider the board’s submissions about the proposed nomination, including, for example, the board’s submissions about the effect of the nomination on the composition of the board.","sortOrder":21},{"sectionNumber":"sec.15","sectionType":"section","heading":"Elections","content":"### sec.15 Elections\n\nThis section applies in relation to an election for section 14 (1) (b) .\nThe election must be held under this Act.\nIf the election is held and insufficient persons are elected to comply with section 14 (1) (b) —\nthe Minister may nominate the number of persons required to comply with that section; and\na person nominated by the Minister under this subsection is taken to have been elected for that section.\nA person may not vote in an election for a board member unless the person has donated the electoral eligibility amount to the board’s grammar school.\n(sec.15-ssec.1) This section applies in relation to an election for section 14 (1) (b) .\n(sec.15-ssec.2) The election must be held under this Act.\n(sec.15-ssec.3) If the election is held and insufficient persons are elected to comply with section 14 (1) (b) — the Minister may nominate the number of persons required to comply with that section; and a person nominated by the Minister under this subsection is taken to have been elected for that section.\n(sec.15-ssec.4) A person may not vote in an election for a board member unless the person has donated the electoral eligibility amount to the board’s grammar school.\n- (a) the Minister may nominate the number of persons required to comply with that section; and\n- (b) a person nominated by the Minister under this subsection is taken to have been elected for that section.","sortOrder":22},{"sectionNumber":"sec.16","sectionType":"section","heading":"Term of appointment","content":"### sec.16 Term of appointment\n\nA member is appointed for—\n4 years; or\nif the board asks the Minister for a shorter term for a member mentioned in section 14 (1) (a) or (c) —the shorter term.\nIf a successor has not been appointed by the end of the member’s term, the member continues to hold office until a successor is appointed.\n(sec.16-ssec.1) A member is appointed for— 4 years; or if the board asks the Minister for a shorter term for a member mentioned in section 14 (1) (a) or (c) —the shorter term.\n(sec.16-ssec.2) If a successor has not been appointed by the end of the member’s term, the member continues to hold office until a successor is appointed.\n- (a) 4 years; or\n- (b) if the board asks the Minister for a shorter term for a member mentioned in section 14 (1) (a) or (c) —the shorter term.","sortOrder":23},{"sectionNumber":"sec.17","sectionType":"section","heading":"Chairperson and deputy chairperson","content":"### sec.17 Chairperson and deputy chairperson\n\nThe members of a board must elect 1 member as chairperson and another member as deputy chairperson.\nThe chairperson and deputy chairperson hold office for the current term of their appointment as a member of the board.\nThe office of the chairperson becomes vacant if the chairperson—\nresigns from office by giving a signed notice of resignation to the board; or\nstops being a member.\nHowever, a person may continue being a member after resigning the office of chairperson.\nThe deputy chairperson is to act as chairperson—\nduring a vacancy in the office of chairperson; and\nduring all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.\n(sec.17-ssec.1) The members of a board must elect 1 member as chairperson and another member as deputy chairperson.\n(sec.17-ssec.2) The chairperson and deputy chairperson hold office for the current term of their appointment as a member of the board.\n(sec.17-ssec.3) The office of the chairperson becomes vacant if the chairperson— resigns from office by giving a signed notice of resignation to the board; or stops being a member.\n(sec.17-ssec.4) However, a person may continue being a member after resigning the office of chairperson.\n(sec.17-ssec.5) The deputy chairperson is to act as chairperson— during a vacancy in the office of chairperson; and during all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.\n- (a) resigns from office by giving a signed notice of resignation to the board; or\n- (b) stops being a member.\n- (a) during a vacancy in the office of chairperson; and\n- (b) during all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.","sortOrder":24},{"sectionNumber":"sec.18","sectionType":"section","heading":"Disqualification as member","content":"### sec.18 Disqualification as member\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; or\nis an insolvent under administration; or\nis disqualified from managing corporations because of the Corporations Act , part 2D.6 ; or\ndoes not consent to the Minister requesting a report about the person’s criminal history under section 21 .\nHowever, subsection (1) (a) , (b) or (c) does not apply to a person proposing to become a member if the Minister gives written approval for the person to become a member despite the conviction, being an insolvent under administration or being disqualified from managing corporations.\nAlso, subsection (1) (a) , (b) or (c) does not apply to a person who was a member when the person was convicted, became an insolvent under administration or was disqualified from managing corporations if the Minister gives the chairperson written notice that—\nthe person is restored as a member; and\nthe person may be later reappointed as a member despite the conviction, being an insolvent under administration or being disqualified from managing corporations.\nThe Minister may give a notice under subsection (2) or (3) only if the Minister considers it would be reasonable to do so, having regard to the circumstances of the offence of which the person has been convicted or the circumstances under which the person became an insolvent under administration or was disqualified from managing corporations.\nIf the Minister gives a notice under subsection (3) about a person, the person is restored as a member on the day the chairperson receives the 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, become an insolvent under administration or been disqualified from managing corporations.\ns 18 amd 2023 No. 23 s 247 sch 1 s 20\n(sec.18-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; or is an insolvent under administration; or is disqualified from managing corporations because of the Corporations Act , part 2D.6 ; or does not consent to the Minister requesting a report about the person’s criminal history under section 21 .\n(sec.18-ssec.2) However, subsection (1) (a) , (b) or (c) does not apply to a person proposing to become a member if the Minister gives written approval for the person to become a member despite the conviction, being an insolvent under administration or being disqualified from managing corporations.\n(sec.18-ssec.3) Also, subsection (1) (a) , (b) or (c) does not apply to a person who was a member when the person was convicted, became an insolvent under administration or was disqualified from managing corporations if the Minister gives the chairperson written notice that— the person is restored as a member; and the person may be later reappointed as a member despite the conviction, being an insolvent under administration or being disqualified from managing corporations.\n(sec.18-ssec.4) The Minister may give a notice under subsection (2) or (3) only if the Minister considers it would be reasonable to do so, having regard to the circumstances of the offence of which the person has been convicted or the circumstances under which the person became an insolvent under administration or was disqualified from managing corporations.\n(sec.18-ssec.5) If the Minister gives a notice under subsection (3) about a person, the person is restored as a member on the day the chairperson receives the notice.\n(sec.18-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, become an insolvent under administration or been disqualified from managing corporations.\n- (a) has a conviction, other than a spent conviction, for an indictable offence; or\n- (b) is an insolvent under administration; or\n- (c) is disqualified from managing corporations because of the Corporations Act , part 2D.6 ; or\n- (d) does not consent to the Minister requesting a report about the person’s criminal history under section 21 .\n- (a) the person is restored as a member; and\n- (b) the person may be later reappointed as a member despite the conviction, being an insolvent under administration or being disqualified from managing corporations.","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"Vacancy in office of member","content":"### sec.19 Vacancy in office of member\n\nThe office of a member of a board becomes vacant if the member—\nresigns office by giving a signed notice of resignation to the Minister; or\nis absent without permission of the board from 3 consecutive meetings of the board of which proper notice was given to the member; or\nis disqualified from continuing as a member under section 18 .\nIf the office of a member becomes vacant before the end of the member’s term of office, the Minister may appoint a person in relation to whom the matters mentioned in section 14 (5) have been satisfied to the office for the remaining part of the term.\nIf the member whose office has become vacant was a member nominated by the Minister mentioned in section 14 (1) (a) , the Minister must—\nconsult with the board about the proposed appointment; and\nconsider the board’s submissions about the proposed appointment, including, for example, the board’s submissions about the effect of the appointment on the composition of the board.\nIf the member whose office has become vacant was elected—\nthe appointment under subsection (2) must be made from a panel of persons, nominated by the board, who are eligible for election; and\nthe person appointed is taken to have been elected for the purpose of section 14 (1) (b) .\nIf the member whose office has become vacant was a member nominated by the Minister mentioned in section 14 (1) (c) , the Minister may only appoint a person chosen by the board.\nThe Minister’s power to appoint a person under this section does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954 , section 25 .\n(sec.19-ssec.1) The office of a member of a board becomes vacant if the member— resigns office by giving a signed notice of resignation to the Minister; or is absent without permission of the board from 3 consecutive meetings of the board of which proper notice was given to the member; or is disqualified from continuing as a member under section 18 .\n(sec.19-ssec.2) If the office of a member becomes vacant before the end of the member’s term of office, the Minister may appoint a person in relation to whom the matters mentioned in section 14 (5) have been satisfied to the office for the remaining part of the term.\n(sec.19-ssec.3) If the member whose office has become vacant was a member nominated by the Minister mentioned in section 14 (1) (a) , the Minister must— consult with the board about the proposed appointment; and consider the board’s submissions about the proposed appointment, including, for example, the board’s submissions about the effect of the appointment on the composition of the board.\n(sec.19-ssec.4) If the member whose office has become vacant was elected— the appointment under subsection (2) must be made from a panel of persons, nominated by the board, who are eligible for election; and the person appointed is taken to have been elected for the purpose of section 14 (1) (b) .\n(sec.19-ssec.5) If the member whose office has become vacant was a member nominated by the Minister mentioned in section 14 (1) (c) , the Minister may only appoint a person chosen by the board.\n(sec.19-ssec.6) The Minister’s power to appoint a person under this section does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954 , section 25 .\n- (a) resigns office by giving a signed notice of resignation to the Minister; or\n- (b) is absent without permission of the board from 3 consecutive meetings of the board of which proper notice was given to the member; or\n- (c) is disqualified from continuing as a member under section 18 .\n- (a) consult with the board about the proposed appointment; and\n- (b) consider the board’s submissions about the proposed appointment, including, for example, the board’s submissions about the effect of the appointment on the composition of the board.\n- (a) the appointment under subsection (2) must be made from a panel of persons, nominated by the board, who are eligible for election; and\n- (b) the person appointed is taken to have been elected for the purpose of section 14 (1) (b) .","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Leave of absence","content":"### sec.20 Leave of absence\n\nThe Minister may—\napprove a leave of absence for a member; and\nappoint another person in relation to whom the matters mentioned in section 14 (5) are satisfied to act in the office of the member during the leave of absence.\nIf the member is a member nominated by the Minister mentioned in section 14 (1) (a) , the Minister must—\nconsult with the board about the proposed appointment; and\nconsider the board’s submissions about the proposed appointment, including, for example, the board’s submissions about the effect of the appointment on the composition of the board.\nIf the member is a member nominated by the Minister mentioned in section 14 (1) (c) , the Minister may only appoint a person chosen by the board.\nThis section does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954 , section 25 (1) (b) (v) .\nIf the Minister approves a leave of absence for the deputy chairperson, the board may appoint another member to be the deputy chairperson during the leave of absence.\n(sec.20-ssec.1) The Minister may— approve a leave of absence for a member; and appoint another person in relation to whom the matters mentioned in section 14 (5) are satisfied to act in the office of the member during the leave of absence.\n(sec.20-ssec.2) If the member is a member nominated by the Minister mentioned in section 14 (1) (a) , the Minister must— consult with the board about the proposed appointment; and consider the board’s submissions about the proposed appointment, including, for example, the board’s submissions about the effect of the appointment on the composition of the board.\n(sec.20-ssec.3) If the member is a member nominated by the Minister mentioned in section 14 (1) (c) , the Minister may only appoint a person chosen by the board.\n(sec.20-ssec.4) This section does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954 , section 25 (1) (b) (v) .\n(sec.20-ssec.5) If the Minister approves a leave of absence for the deputy chairperson, the board may appoint another member to be the deputy chairperson during the leave of absence.\n- (a) approve a leave of absence for a member; and\n- (b) appoint another person in relation to whom the matters mentioned in section 14 (5) are satisfied to act in the office of the member during the leave of absence.\n- (a) consult with the board about the proposed appointment; and\n- (b) consider the board’s submissions about the proposed appointment, including, for example, the board’s submissions about the effect of the appointment on the composition of the board.","sortOrder":27},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Criminal history","content":"## Criminal history","sortOrder":28},{"sectionNumber":"sec.21","sectionType":"section","heading":"Criminal history report","content":"### sec.21 Criminal history report\n\nTo decide if a person is disqualified from becoming or continuing as a member, the Minister may ask the commissioner of the police service for—\na written report about the criminal history of the person; 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 has given the Minister written consent for the request.\nThe commissioner of the police service 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.\n(sec.21-ssec.1) To decide if a person is disqualified from becoming or continuing as a member, the Minister may ask the commissioner of the police service for— a written report about the criminal history of the person; and a brief description of the circumstances of a conviction mentioned in the criminal history.\n(sec.21-ssec.2) However, the Minister may make the request only if the person has given the Minister written consent for the request.\n(sec.21-ssec.3) The commissioner of the police service must comply with the request.\n(sec.21-ssec.4) However, the duty to comply applies only to information in the commissioner’s possession or to which the commissioner has access.\n- (a) a written report about the criminal history of the person; and\n- (b) a brief description of the circumstances of a conviction mentioned in the criminal history.","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Changes in criminal history must be disclosed","content":"### sec.23 Changes in criminal history must be disclosed\n\nThis section applies if a person who is a member is convicted of an indictable offence during the term of the member’s appointment.\nThe person must, unless the person has a reasonable excuse, immediately give notice of the conviction 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.\n(sec.23-ssec.1) This section applies if a person who is a member is convicted of an indictable offence during the term of the member’s appointment.\n(sec.23-ssec.2) The person must, unless the person has a reasonable excuse, immediately give notice of the conviction to the Minister. Maximum penalty—100 penalty units.\n(sec.23-ssec.3) 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- (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":30},{"sectionNumber":"sec.23A","sectionType":"section","heading":"Confidentiality of criminal history information","content":"### sec.23A Confidentiality of criminal history information\n\nThis section applies to a person who possesses either of the following because the person is or was an officer, employee or agent of the department—\na report or information given to the Minister under section 21 ;\na notice or information given to the Minister under section 23 .\nThe report, notice or information is criminal history information .\nThe person must not, directly or indirectly, disclose criminal history information to any other person unless the disclosure is permitted under subsection (4) .\nMaximum penalty—100 penalty units.\nThe person is permitted to disclose the criminal history 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 information 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.\nThe Minister must ensure a document containing criminal history information is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.\n(sec.23A-ssec.1) This section applies to a person who possesses either of the following because the person is or was an officer, employee or agent of the department— a report or information given to the Minister under section 21 ; a notice or information given to the Minister under section 23 .\n(sec.23A-ssec.2) The report, notice or information is criminal history information .\n(sec.23A-ssec.3) The person must not, directly or indirectly, disclose criminal history information to any other person unless the disclosure is permitted under subsection (4) . Maximum penalty—100 penalty units.\n(sec.23A-ssec.4) The person is permitted to disclose the criminal history 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 information 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(sec.23A-ssec.5) The Minister must ensure a document containing criminal history information is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.\n- (a) a report or information given to the Minister under section 21 ;\n- (b) a notice or information given to the Minister under section 23 .\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 information 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":31},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Financial matters","content":"## Financial matters","sortOrder":32},{"sectionNumber":"sec.24","sectionType":"section","heading":"Budget","content":"### sec.24 Budget\n\nA board must, before 28 January of each year, develop and approve a budget for the board’s school for the year.\nThe budget must include the way in which amounts received by the board by way of a bequest, contribution, donation, gift or grant are to be spent.\n(sec.24-ssec.1) A board must, before 28 January of each year, develop and approve a budget for the board’s school for the year.\n(sec.24-ssec.2) The budget must include the way in which amounts received by the board by way of a bequest, contribution, donation, gift or grant are to be spent.","sortOrder":33},{"sectionNumber":"sec.25","sectionType":"section","heading":"Establishment of trust funds","content":"### sec.25 Establishment of trust funds\n\nA board may establish and administer trust funds for a purpose relating to the performance and exercise of the board’s functions and powers.","sortOrder":34},{"sectionNumber":"sec.26","sectionType":"section","heading":"Establishment of investment common funds","content":"### sec.26 Establishment of investment common funds\n\nA board may establish and administer 1 or more investment common funds for the collective investment of funds belonging to the board’s school, trust funds and other funds held by or in the custody of the board’s school.\nThe board may add funds to, or withdraw funds from, an investment common fund, without incurring any liability for breach of trust.\n(sec.26-ssec.1) A board may establish and administer 1 or more investment common funds for the collective investment of funds belonging to the board’s school, trust funds and other funds held by or in the custody of the board’s school.\n(sec.26-ssec.2) The board may add funds to, or withdraw funds from, an investment common fund, without incurring any liability for breach of trust.","sortOrder":35},{"sectionNumber":"sec.27","sectionType":"section","heading":"Management of investment common funds","content":"### sec.27 Management of investment common funds\n\nA board must periodically distribute the income of an investment common fund among each fund forming the investment common fund (each a component fund ), having regard to the share of each component fund in the investment common fund during the period in which the income is derived.\nDespite subsection (1) , the board may—\nadd a part of the income of the investment common fund to the fund’s capital; or\nuse a part of the income to establish or augment another fund as a provision against capital depreciation or reduction of income.\nIf a component fund is comprised of an amount allocated for spending for a stated purpose, the board may pay all or part of the interest that would have been distributed to the component fund for the amount to its general account to the extent the interest is not required for the stated purpose.\n(sec.27-ssec.1) A board must periodically distribute the income of an investment common fund among each fund forming the investment common fund (each a component fund ), having regard to the share of each component fund in the investment common fund during the period in which the income is derived.\n(sec.27-ssec.2) Despite subsection (1) , the board may— add a part of the income of the investment common fund to the fund’s capital; or use a part of the income to establish or augment another fund as a provision against capital depreciation or reduction of income.\n(sec.27-ssec.3) If a component fund is comprised of an amount allocated for spending for a stated purpose, the board may pay all or part of the interest that would have been distributed to the component fund for the amount to its general account to the extent the interest is not required for the stated purpose.\n- (a) add a part of the income of the investment common fund to the fund’s capital; or\n- (b) use a part of the income to establish or augment another fund as a provision against capital depreciation or reduction of income.","sortOrder":36},{"sectionNumber":"pt.3","sectionType":"part","heading":"Staff and business of boards","content":"# Staff and business of boards","sortOrder":37},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Staff","content":"## Staff","sortOrder":38},{"sectionNumber":"sec.28","sectionType":"section","heading":"Employment of staff","content":"### sec.28 Employment of staff\n\nA board—\nmust—\nemploy a secretary at all times; and\nensure a secretary is employed whenever a vacancy occurs in that office; and\nmay employ staff as it considers appropriate to perform its functions or exercise its powers, including, for example, administrative officers, teachers and clerks.\nStaff employed by the board under this section—\nare to be paid the remuneration and allowances decided by the board; and\nare employed under this Act and not the Public Sector Act 2022 .\ns 28 amd 2022 No. 34 s 365 sch 3\n(sec.28-ssec.1) A board— must— employ a secretary at all times; and ensure a secretary is employed whenever a vacancy occurs in that office; and may employ staff as it considers appropriate to perform its functions or exercise its powers, including, for example, administrative officers, teachers and clerks.\n(sec.28-ssec.2) Staff employed by the board under this section— are to be paid the remuneration and allowances decided by the board; and are employed under this Act and not the Public Sector Act 2022 .\n- (a) must— (i) employ a secretary at all times; and (ii) ensure a secretary is employed whenever a vacancy occurs in that office; and\n- (i) employ a secretary at all times; and\n- (ii) ensure a secretary is employed whenever a vacancy occurs in that office; and\n- (b) may employ staff as it considers appropriate to perform its functions or exercise its powers, including, for example, administrative officers, teachers and clerks.\n- (i) employ a secretary at all times; and\n- (ii) ensure a secretary is employed whenever a vacancy occurs in that office; and\n- (a) are to be paid the remuneration and allowances decided by the board; and\n- (b) are employed under this Act and not the Public Sector Act 2022 .","sortOrder":39},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Business and meetings","content":"## Business and meetings","sortOrder":40},{"sectionNumber":"sec.29","sectionType":"section","heading":"Conduct of business","content":"### sec.29 Conduct of business\n\nSubject to this division, a board may conduct its business, including its meetings—\nin the way it considers appropriate; and\nin accordance with any by-laws of the board about the conduct of its business.\n- (a) in the way it considers appropriate; and\n- (b) in accordance with any by-laws of the board about the conduct of its business.","sortOrder":41},{"sectionNumber":"sec.30","sectionType":"section","heading":"Quorum","content":"### sec.30 Quorum\n\nA quorum for a meeting of a board is a majority of its members for the time being.","sortOrder":42},{"sectionNumber":"sec.31","sectionType":"section","heading":"Conduct of meetings","content":"### sec.31 Conduct of meetings\n\nA question at a meeting of a board must be decided by a majority of the votes of the members present.\nEach member present at the meeting has a vote on each question to be decided and, if the votes are equal, the chairperson also has a casting vote.\nA member who abstains from voting is taken to have voted for the negative.\nThe board may hold meetings, or allow members to take part in meetings, by using any technology allowing reasonably contemporaneous and continuous communication between members taking part in the meetings, including, for example, teleconferencing.\nA member who takes part in a meeting of the board under subsection (4) is taken to have been present at the meeting.\nA resolution is validly made by the board, even if it is not passed at a board meeting, if—\nnotice of the resolution is given under procedures approved by the board; and\na majority of members agrees in writing to the resolution.\n(sec.31-ssec.1) A question at a meeting of a board must be decided by a majority of the votes of the members present.\n(sec.31-ssec.2) Each member present at the meeting has a vote on each question to be decided and, if the votes are equal, the chairperson also has a casting vote.\n(sec.31-ssec.3) A member who abstains from voting is taken to have voted for the negative.\n(sec.31-ssec.4) The board may hold meetings, or allow members to take part in meetings, by using any technology allowing reasonably contemporaneous and continuous communication between members taking part in the meetings, including, for example, teleconferencing.\n(sec.31-ssec.5) A member who takes part in a meeting of the board under subsection (4) is taken to have been present at the meeting.\n(sec.31-ssec.6) A resolution is validly made by the board, even if it is not passed at a board meeting, if— notice of the resolution is given under procedures approved by the board; and a majority of members agrees in writing to the resolution.\n- (a) notice of the resolution is given under procedures approved by the board; and\n- (b) a majority of members agrees in writing to the resolution.","sortOrder":43},{"sectionNumber":"sec.32","sectionType":"section","heading":"Validity of decisions","content":"### sec.32 Validity of decisions\n\nA decision of a board is not invalidated only because—\nthere is a vacancy in the membership of the board; or\nthere is a defect or irregularity in the appointment of a member of the board.\n- (a) there is a vacancy in the membership of the board; or\n- (b) there is a defect or irregularity in the appointment of a member of the board.","sortOrder":44},{"sectionNumber":"sec.33","sectionType":"section","heading":"Authentication of documents","content":"### sec.33 Authentication of documents\n\nA document made by a board, other than a document required to be sealed, is sufficiently made if it is made or signed by the chairperson of the board, or the secretary of the board at the direction of the chairperson.","sortOrder":45},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Interaction between Minister and boards","content":"## Interaction between Minister and boards","sortOrder":46},{"sectionNumber":"sec.34","sectionType":"section","heading":"Board must notify Minister about financial viability","content":"### sec.34 Board must notify Minister about financial viability\n\nA board must give the Minister written notice of a matter that raises a significant concern about the financial viability of the board’s school.\na proceeding started against the school that may result in payment of a significant amount of damages or legal costs\na significant decrease in enrolments at the school\nThe notice must be given immediately after the board becomes aware of the matter.\n(sec.34-ssec.1) A board must give the Minister written notice of a matter that raises a significant concern about the financial viability of the board’s school. a proceeding started against the school that may result in payment of a significant amount of damages or legal costs a significant decrease in enrolments at the school\n(sec.34-ssec.2) The notice must be given immediately after the board becomes aware of the matter.\n- a proceeding started against the school that may result in payment of a significant amount of damages or legal costs\n- a significant decrease in enrolments at the school","sortOrder":47},{"sectionNumber":"sec.35","sectionType":"section","heading":"Minister may require information or documents","content":"### sec.35 Minister may require information or documents\n\nThe Minister may, by written notice, ask a board to do the following within a stated reasonable time and in a stated reasonable way—\ngive the Minister relevant information in the board’s knowledge about a stated matter;\ngive the Minister, or make available for inspection by the Minister, a relevant document or copy of a relevant document about a stated matter in the board’s possession or control.\nThe board must comply with the request.\nUnless the Minister is satisfied there are exceptional circumstances, the Minister must consult with the board about the information or documents that may be sought by the Minister before giving the board a notice under this section.\nIf a document is given to the Minister, the Minister may keep the document to copy it and must return the document to the board as soon as practicable after copying it.\nThe Minister may disclose the information, or give the document or copy of the document, to an entity the Minister considers appropriate to help the Minister assess—\nthe financial viability of the board’s school; or\nthe way amounts provided to the board by the State are being used; or\nanother matter relevant to the way the board is carrying out its functions.\nIn this section—\nrelevant , in relation to information or a document, means relating to the board’s powers or functions under this Act.\n(sec.35-ssec.1) The Minister may, by written notice, ask a board to do the following within a stated reasonable time and in a stated reasonable way— give the Minister relevant information in the board’s knowledge about a stated matter; give the Minister, or make available for inspection by the Minister, a relevant document or copy of a relevant document about a stated matter in the board’s possession or control.\n(sec.35-ssec.2) The board must comply with the request.\n(sec.35-ssec.3) Unless the Minister is satisfied there are exceptional circumstances, the Minister must consult with the board about the information or documents that may be sought by the Minister before giving the board a notice under this section.\n(sec.35-ssec.4) If a document is given to the Minister, the Minister may keep the document to copy it and must return the document to the board as soon as practicable after copying it.\n(sec.35-ssec.5) The Minister may disclose the information, or give the document or copy of the document, to an entity the Minister considers appropriate to help the Minister assess— the financial viability of the board’s school; or the way amounts provided to the board by the State are being used; or another matter relevant to the way the board is carrying out its functions.\n(sec.35-ssec.6) In this section— relevant , in relation to information or a document, means relating to the board’s powers or functions under this Act.\n- (a) give the Minister relevant information in the board’s knowledge about a stated matter;\n- (b) give the Minister, or make available for inspection by the Minister, a relevant document or copy of a relevant document about a stated matter in the board’s possession or control.\n- (a) the financial viability of the board’s school; or\n- (b) the way amounts provided to the board by the State are being used; or\n- (c) another matter relevant to the way the board is carrying out its functions.","sortOrder":48},{"sectionNumber":"sec.36","sectionType":"section","heading":"Minister may give directions","content":"### sec.36 Minister may give directions\n\nThe Minister may give a board a written direction about a matter relevant to its functions, if the Minister is satisfied the direction is necessary in the interests of the board’s school to ensure the school’s financial viability.\na direction to engage an external person to provide expert advice to the board about stated matters that may affect the school’s financial viability\nThe board must comply with the direction.\nUnless the Minister is satisfied there are exceptional circumstances, the Minister must advise a board that the Minister proposes to give the board a direction, and consult with the board about the matters proposed to be dealt with in the direction, before giving the direction.\nThe board must include the details of each direction given to it during a financial year in its annual report for the year under the Financial Accountability Act 2009 .\n(sec.36-ssec.1) The Minister may give a board a written direction about a matter relevant to its functions, if the Minister is satisfied the direction is necessary in the interests of the board’s school to ensure the school’s financial viability. a direction to engage an external person to provide expert advice to the board about stated matters that may affect the school’s financial viability\n(sec.36-ssec.2) The board must comply with the direction.\n(sec.36-ssec.3) Unless the Minister is satisfied there are exceptional circumstances, the Minister must advise a board that the Minister proposes to give the board a direction, and consult with the board about the matters proposed to be dealt with in the direction, before giving the direction.\n(sec.36-ssec.4) The board must include the details of each direction given to it during a financial year in its annual report for the year under the Financial Accountability Act 2009 .","sortOrder":49},{"sectionNumber":"pt.4","sectionType":"part","heading":"Administrators","content":"# Administrators","sortOrder":50},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Appointment","content":"## Appointment","sortOrder":51},{"sectionNumber":"sec.37","sectionType":"section","heading":"Appointment","content":"### sec.37 Appointment\n\nThe Minister may, by gazette notice, appoint a person as administrator of a board.","sortOrder":52},{"sectionNumber":"sec.38","sectionType":"section","heading":"Basis for appointment","content":"### sec.38 Basis for appointment\n\nThe Minister may make the appointment only if—\nthe board asks the Minister to make the appointment; or\nthe board is given a show cause notice under the Education (Accreditation of Non-State Schools) Act 2017 , section 67 ; or\nthe Minister reasonably believes the school is no longer financially viable or is in danger of becoming financially non-viable.\ns 38 amd 2017 No. 24 s 242\n- (a) the board asks the Minister to make the appointment; or\n- (b) the board is given a show cause notice under the Education (Accreditation of Non-State Schools) Act 2017 , section 67 ; or\n- (c) the Minister reasonably believes the school is no longer financially viable or is in danger of becoming financially non-viable.","sortOrder":53},{"sectionNumber":"sec.39","sectionType":"section","heading":"Notice of proposed appointment","content":"### sec.39 Notice of proposed appointment\n\nBefore making the appointment, the Minister—\nmust give the board a written notice stating—\nthe Minister proposes to appoint a person as administrator of the board; and\nthe reasons for the proposed appointment; and\nthe board may, within a stated period of at least 14 days (the stated period ), give the Minister a written response to the proposed appointment; and\nmust consider any written response received from the board within the stated period.\nHowever—\nif the Minister is satisfied there are exceptional circumstances, the stated period may be less than 14 days; and\nwith the board’s written agreement, the stated period may be less than 14 days or the Minister may make the appointment before the stated period; and\nsubsection (1) does not apply if the board has asked the Minister to make the appointment.\nIf, after giving a notice under subsection (1) , the Minister decides not to make the appointment, the Minister must give the board a written notice of the decision.\nIf the Minister decides to make the appointment, the Minister must, before publishing the gazette notice under which the appointment is made, give a notice of the decision to—\nthe board; and\nthe Non-State Schools Accreditation Board under the Education (Accreditation of Non-State Schools) Act 2017 .\ns 39 amd 2017 No. 24 s 243\n(sec.39-ssec.1) Before making the appointment, the Minister— must give the board a written notice stating— the Minister proposes to appoint a person as administrator of the board; and the reasons for the proposed appointment; and the board may, within a stated period of at least 14 days (the stated period ), give the Minister a written response to the proposed appointment; and must consider any written response received from the board within the stated period.\n(sec.39-ssec.2) However— if the Minister is satisfied there are exceptional circumstances, the stated period may be less than 14 days; and with the board’s written agreement, the stated period may be less than 14 days or the Minister may make the appointment before the stated period; and subsection (1) does not apply if the board has asked the Minister to make the appointment.\n(sec.39-ssec.3) If, after giving a notice under subsection (1) , the Minister decides not to make the appointment, the Minister must give the board a written notice of the decision.\n(sec.39-ssec.4) If the Minister decides to make the appointment, the Minister must, before publishing the gazette notice under which the appointment is made, give a notice of the decision to— the board; and the Non-State Schools Accreditation Board under the Education (Accreditation of Non-State Schools) Act 2017 .\n- (a) must give the board a written notice stating— (i) the Minister proposes to appoint a person as administrator of the board; and (ii) the reasons for the proposed appointment; and (iii) the board may, within a stated period of at least 14 days (the stated period ), give the Minister a written response to the proposed appointment; and\n- (i) the Minister proposes to appoint a person as administrator of the board; and\n- (ii) the reasons for the proposed appointment; and\n- (iii) the board may, within a stated period of at least 14 days (the stated period ), give the Minister a written response to the proposed appointment; and\n- (b) must consider any written response received from the board within the stated period.\n- (i) the Minister proposes to appoint a person as administrator of the board; and\n- (ii) the reasons for the proposed appointment; and\n- (iii) the board may, within a stated period of at least 14 days (the stated period ), give the Minister a written response to the proposed appointment; and\n- (a) if the Minister is satisfied there are exceptional circumstances, the stated period may be less than 14 days; and\n- (b) with the board’s written agreement, the stated period may be less than 14 days or the Minister may make the appointment before the stated period; and\n- (c) subsection (1) does not apply if the board has asked the Minister to make the appointment.\n- (a) the board; and\n- (b) the Non-State Schools Accreditation Board under the Education (Accreditation of Non-State Schools) Act 2017 .","sortOrder":54},{"sectionNumber":"sec.40","sectionType":"section","heading":"Suitability of proposed appointee","content":"### sec.40 Suitability of proposed appointee\n\nThe Minister may make the appointment only if the Minister is satisfied the proposed appointee is appropriately qualified and is otherwise suitable to be appointed as administrator.\nA person who has agreed to a proposed appointment must advise the Minister, before the appointment is made, whether the person is aware of a conflict of interest that may arise in the course of the person acting as administrator.\nA person must not state anything to the Minister under subsection (2) that the person knows is false or misleading in a material particular.\nMaximum penalty—20 penalty units.\nThe Working with Children Check Act 2000 , chapter 7 , applies to the appointment as if it were employment by the Minister in regulated employment under that Act.\ns 40 amd 2019 No. 18 s 86 (2) sch 2 ; 2024 No. 49 s 130 s ch 4 pt 1\n(sec.40-ssec.1) The Minister may make the appointment only if the Minister is satisfied the proposed appointee is appropriately qualified and is otherwise suitable to be appointed as administrator.\n(sec.40-ssec.2) A person who has agreed to a proposed appointment must advise the Minister, before the appointment is made, whether the person is aware of a conflict of interest that may arise in the course of the person acting as administrator.\n(sec.40-ssec.3) A person must not state anything to the Minister under subsection (2) that the person knows is false or misleading in a material particular. Maximum penalty—20 penalty units.\n(sec.40-ssec.4) The Working with Children Check Act 2000 , chapter 7 , applies to the appointment as if it were employment by the Minister in regulated employment under that Act.","sortOrder":55},{"sectionNumber":"sec.41","sectionType":"section","heading":"Terms of appointment","content":"### sec.41 Terms of appointment\n\nThe gazette notice under which the appointment is made must state the following—\nthe appointee’s name;\nthe grammar school for which the board is established;\nthe day the appointment takes effect;\nthe term of the appointment;\nany conditions of the appointment.\nThe gazette notice may also state anything else about the appointment the Minister considers appropriate.\n(sec.41-ssec.1) The gazette notice under which the appointment is made must state the following— the appointee’s name; the grammar school for which the board is established; the day the appointment takes effect; the term of the appointment; any conditions of the appointment.\n(sec.41-ssec.2) The gazette notice may also state anything else about the appointment the Minister considers appropriate.\n- (a) the appointee’s name;\n- (b) the grammar school for which the board is established;\n- (c) the day the appointment takes effect;\n- (d) the term of the appointment;\n- (e) any conditions of the appointment.","sortOrder":56},{"sectionNumber":"sec.42","sectionType":"section","heading":"Notice to parents about appointment","content":"### sec.42 Notice to parents about appointment\n\nAfter giving notice under section 39 (4) to the board of a grammar school, and before publishing the gazette notice under which the appointment is made, the Minister must take reasonable steps to notify the parents of students at the school (the interested parents ) about the proposed appointment.","sortOrder":57},{"sectionNumber":"sec.43","sectionType":"section","heading":"Variation of appointment","content":"### sec.43 Variation of appointment\n\nThe Minister may, by gazette notice, vary the appointment by extending or shortening the term of the appointment or amending the conditions of the appointment.\nBefore varying the appointment, the Minister must—\ngive the board a written notice of the proposed variation; and\ntake reasonable steps to notify the interested parents about the proposed variation.\n(sec.43-ssec.1) The Minister may, by gazette notice, vary the appointment by extending or shortening the term of the appointment or amending the conditions of the appointment.\n(sec.43-ssec.2) Before varying the appointment, the Minister must— give the board a written notice of the proposed variation; and take reasonable steps to notify the interested parents about the proposed variation.\n- (a) give the board a written notice of the proposed variation; and\n- (b) take reasonable steps to notify the interested parents about the proposed variation.","sortOrder":58},{"sectionNumber":"sec.44","sectionType":"section","heading":"Early ending of appointment","content":"### sec.44 Early ending of appointment\n\nBefore the term of the appointment ends—\nthe Minister may end the appointment by gazette notice; or\nthe administrator may end the appointment by signed notice given to the Minister.\nAlso, the appointment ends if an appointee for the board is appointed under the Statutory Bodies Financial Arrangements Act 1982 , section 24 .\nIf the appointment ends under this section, the Minister must immediately notify the board and take reasonable steps to notify the interested parents.\n(sec.44-ssec.1) Before the term of the appointment ends— the Minister may end the appointment by gazette notice; or the administrator may end the appointment by signed notice given to the Minister.\n(sec.44-ssec.2) Also, the appointment ends if an appointee for the board is appointed under the Statutory Bodies Financial Arrangements Act 1982 , section 24 .\n(sec.44-ssec.3) If the appointment ends under this section, the Minister must immediately notify the board and take reasonable steps to notify the interested parents.\n- (a) the Minister may end the appointment by gazette notice; or\n- (b) the administrator may end the appointment by signed notice given to the Minister.","sortOrder":59},{"sectionNumber":"sec.45","sectionType":"section","heading":"Replacement of administrator","content":"### sec.45 Replacement of administrator\n\nIf the appointment ends under section 44 , the Minister may appoint someone else as administrator of the board.\nThis division, other than section 39 , applies to the appointment.\n(sec.45-ssec.1) If the appointment ends under section 44 , the Minister may appoint someone else as administrator of the board.\n(sec.45-ssec.2) This division, other than section 39 , applies to the appointment.","sortOrder":60},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Conduct of administration","content":"## Conduct of administration","sortOrder":61},{"sectionNumber":"sec.46","sectionType":"section","heading":"Application of division","content":"### sec.46 Application of division\n\nThis division applies during the appointment of an administrator of a board.","sortOrder":62},{"sectionNumber":"sec.47","sectionType":"section","heading":"Administrator’s powers and functions","content":"### sec.47 Administrator’s powers and functions\n\nThe administrator has the board’s powers and functions.\nThis Act and other Acts apply to the administrator, with all necessary changes, as if the administrator were the board.\nThe Education (Accreditation of Non-State Schools) Act 2017 applies to the administrator, with all necessary changes, as if the administrator were the school’s governing body.\ns 47 amd 2017 No. 24 s 244\n(sec.47-ssec.1) The administrator has the board’s powers and functions.\n(sec.47-ssec.2) This Act and other Acts apply to the administrator, with all necessary changes, as if the administrator were the board.\n(sec.47-ssec.3) The Education (Accreditation of Non-State Schools) Act 2017 applies to the administrator, with all necessary changes, as if the administrator were the school’s governing body.","sortOrder":63},{"sectionNumber":"sec.48","sectionType":"section","heading":"Direction by Minister","content":"### sec.48 Direction by Minister\n\nThe administrator is subject to the Minister’s direction in exercising the administrator’s powers and performing the administrator’s functions.\nThe administrator must give the board a copy of each direction received from the Minister.\nThe board must include the details of each direction given to the administrator during a financial year in the board’s annual report for the year under the Financial Accountability Act 2009 .\n(sec.48-ssec.1) The administrator is subject to the Minister’s direction in exercising the administrator’s powers and performing the administrator’s functions.\n(sec.48-ssec.2) The administrator must give the board a copy of each direction received from the Minister.\n(sec.48-ssec.3) The board must include the details of each direction given to the administrator during a financial year in the board’s annual report for the year under the Financial Accountability Act 2009 .","sortOrder":64},{"sectionNumber":"sec.49","sectionType":"section","heading":"Effect on the board","content":"### sec.49 Effect on the board\n\nThe board continues in existence subject to this Act.\nHowever, the board may not exercise its powers and functions under this Act other than in giving the administrator the help the administrator asks for.\n(sec.49-ssec.1) The board continues in existence subject to this Act.\n(sec.49-ssec.2) However, the board may not exercise its powers and functions under this Act other than in giving the administrator the help the administrator asks for.","sortOrder":65},{"sectionNumber":"sec.50","sectionType":"section","heading":"Reports","content":"### sec.50 Reports\n\nThe administrator must give to the Minister the reports about the administration that the Minister requires.\nThe reports must be given as soon as practicable after the end of the appointment or at any time required by the Minister during the appointment.\n(sec.50-ssec.1) The administrator must give to the Minister the reports about the administration that the Minister requires.\n(sec.50-ssec.2) The reports must be given as soon as practicable after the end of the appointment or at any time required by the Minister during the appointment.","sortOrder":66},{"sectionNumber":"pt.5","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":67},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Offences and liability","content":"## Offences and liability","sortOrder":68},{"sectionNumber":"sec.51","sectionType":"section","heading":"Offences relating to non-grammar schools","content":"### sec.51 Offences relating to non-grammar schools\n\nA person must not establish or operate a non-grammar school under a name that includes the word ‘grammar’.\nMaximum penalty—200 penalty units.\nA person must not hold out a non-grammar school to be a grammar school.\nMaximum penalty—200 penalty units.\nFor the application of this section to the Anglican Church Grammar School and Sunshine Coast Grammar School, see section 69 .\n(sec.51-ssec.1) A person must not establish or operate a non-grammar school under a name that includes the word ‘grammar’. Maximum penalty—200 penalty units.\n(sec.51-ssec.2) A person must not hold out a non-grammar school to be a grammar school. Maximum penalty—200 penalty units.","sortOrder":69},{"sectionNumber":"sec.52","sectionType":"section","heading":"Summary proceedings for offences","content":"### sec.52 Summary proceedings for offences\n\nA proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .\nThe proceeding must start—\nwithin 1 year after the offence was committed; or\nwithin 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence was committed.\nA statement in a complaint for an offence against this Act that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of when the matter came to the complainant’s knowledge.\n(sec.52-ssec.1) A proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .\n(sec.52-ssec.2) The proceeding must start— within 1 year after the offence was committed; or within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence was committed.\n(sec.52-ssec.3) A statement in a complaint for an offence against this Act that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of when the matter came to the complainant’s knowledge.\n- (a) within 1 year after the offence was committed; or\n- (b) within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence was committed.","sortOrder":70},{"sectionNumber":"sec.53","sectionType":"section","heading":"Money borrowed other than under Statutory Bodies Financial Arrangements Act 1982","content":"### sec.53 Money borrowed other than under Statutory Bodies Financial Arrangements Act 1982\n\nThis section applies if a board borrows an amount it is not lawfully authorised to borrow under the Statutory Bodies Financial Arrangements Act 1982 .\nAll the members of the board who consented to the borrowing of the amount are jointly and severally liable to repay the amount, and to pay interest on it, to the person from whom the amount was borrowed.\nIf an amount is appropriated from a fund administered by the board to repay the borrowed amount or interest on it, the members of the board who consented to the misappropriation of the amount are jointly and severally liable to refund—\nthe misappropriated amount; and\ninterest at the rate of 12% a year.\nIf the members of the board fail to repay an amount and interest under subsection (2) or (3) , the amount may be recovered from the members by the Minister as a debt.\nOn recovering all or part of an amount and interest under subsection (4) , the Minister—\nmust pay the amount recovered—\nfor an amount mentioned in subsection (2) —to the person from whom the amount was borrowed; or\nfor an amount mentioned in subsection (3) —into the fund from which the amount was appropriated; and\nis entitled to recover from the members mentioned in subsection (4) the full costs incurred in recovering the amount, including legal costs.\n(sec.53-ssec.1) This section applies if a board borrows an amount it is not lawfully authorised to borrow under the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.53-ssec.2) All the members of the board who consented to the borrowing of the amount are jointly and severally liable to repay the amount, and to pay interest on it, to the person from whom the amount was borrowed.\n(sec.53-ssec.3) If an amount is appropriated from a fund administered by the board to repay the borrowed amount or interest on it, the members of the board who consented to the misappropriation of the amount are jointly and severally liable to refund— the misappropriated amount; and interest at the rate of 12% a year.\n(sec.53-ssec.4) If the members of the board fail to repay an amount and interest under subsection (2) or (3) , the amount may be recovered from the members by the Minister as a debt.\n(sec.53-ssec.5) On recovering all or part of an amount and interest under subsection (4) , the Minister— must pay the amount recovered— for an amount mentioned in subsection (2) —to the person from whom the amount was borrowed; or for an amount mentioned in subsection (3) —into the fund from which the amount was appropriated; and is entitled to recover from the members mentioned in subsection (4) the full costs incurred in recovering the amount, including legal costs.\n- (a) the misappropriated amount; and\n- (b) interest at the rate of 12% a year.\n- (a) must pay the amount recovered— (i) for an amount mentioned in subsection (2) —to the person from whom the amount was borrowed; or (ii) for an amount mentioned in subsection (3) —into the fund from which the amount was appropriated; and\n- (i) for an amount mentioned in subsection (2) —to the person from whom the amount was borrowed; or\n- (ii) for an amount mentioned in subsection (3) —into the fund from which the amount was appropriated; and\n- (b) is entitled to recover from the members mentioned in subsection (4) the full costs incurred in recovering the amount, including legal costs.\n- (i) for an amount mentioned in subsection (2) —to the person from whom the amount was borrowed; or\n- (ii) for an amount mentioned in subsection (3) —into the fund from which the amount was appropriated; and","sortOrder":71},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Funding and donations","content":"## Funding and donations","sortOrder":72},{"sectionNumber":"sec.54","sectionType":"section","heading":"Register of donors","content":"### sec.54 Register of donors\n\nA board must keep a register of donors for the board’s school.\nThe register may be kept in the form the board considers appropriate.\nThe register must include for each donor—\nthe donor’s name; and\nthe particulars prescribed by regulation; and\nif the donor is eligible to vote in an election because the donor has donated the electoral eligibility amount for the board—the donor’s eligibility.\nHowever, if a person asks the board in writing to remove the person’s name and particulars from the register, the board must comply with the request.\nAlso, the board may remove a particular mentioned in subsection (3) (b) for a donor if, after making reasonable attempts, the board can not contact the donor for the purposes of maintaining the register.\nThe board must ensure the register is available for inspection by the public at the office of the secretary of the board.\n(sec.54-ssec.1) A board must keep a register of donors for the board’s school.\n(sec.54-ssec.2) The register may be kept in the form the board considers appropriate.\n(sec.54-ssec.3) The register must include for each donor— the donor’s name; and the particulars prescribed by regulation; and if the donor is eligible to vote in an election because the donor has donated the electoral eligibility amount for the board—the donor’s eligibility.\n(sec.54-ssec.4) However, if a person asks the board in writing to remove the person’s name and particulars from the register, the board must comply with the request.\n(sec.54-ssec.5) Also, the board may remove a particular mentioned in subsection (3) (b) for a donor if, after making reasonable attempts, the board can not contact the donor for the purposes of maintaining the register.\n(sec.54-ssec.6) The board must ensure the register is available for inspection by the public at the office of the secretary of the board.\n- (a) the donor’s name; and\n- (b) the particulars prescribed by regulation; and\n- (c) if the donor is eligible to vote in an election because the donor has donated the electoral eligibility amount for the board—the donor’s eligibility.","sortOrder":73},{"sectionNumber":"sec.55","sectionType":"section","heading":"Donation of property other than money","content":"### sec.55 Donation of property other than money\n\nIf a person donates property to a grammar school, the person is taken to have donated an amount equal to the value of the property on the day the donation is made.","sortOrder":74},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":75},{"sectionNumber":"sec.56","sectionType":"section","heading":"Name under which grammar schools operate","content":"### sec.56 Name under which grammar schools operate\n\nA grammar school must not operate under a name other than its name stated in section 6 .","sortOrder":76},{"sectionNumber":"sec.57","sectionType":"section","heading":"No religious affiliation","content":"### sec.57 No religious affiliation\n\nThe board of a grammar school must ensure the school—\nis operated independently of a church or other body established for religious purposes; and\nis not operated for students of a particular religion.\n- (a) is operated independently of a church or other body established for religious purposes; and\n- (b) is not operated for students of a particular religion.","sortOrder":77},{"sectionNumber":"sec.58","sectionType":"section","heading":"Disposal of assets on discontinuing a grammar school","content":"### sec.58 Disposal of assets on discontinuing a grammar school\n\nIf a grammar school is discontinued, the property held by the board for the school is to be disposed of or held in the way prescribed by regulation.\nSubsection (1) does not apply to State land granted in trust or reserved and set apart for the school under the Land Act 1994 .\nIf a regulation is not made in relation to property mentioned in subsection (1) , the Minister may give directions about how the property is to be disposed of or held.\nThe board must comply with a direction given under subsection (3) .\nThe power to make a regulation or give directions includes the power to vary the trustees, and the terms, of any trust created under this section.\nSubsections (1) and (3) do not authorise a regulation or the Minister to override a trust instrument, if the instrument—\nwas created before the discontinuance of the school; and\nrelates to property held by the board of the school; and\nprovides for the variation of the trust on the discontinuance of the school.\n(sec.58-ssec.1) If a grammar school is discontinued, the property held by the board for the school is to be disposed of or held in the way prescribed by regulation.\n(sec.58-ssec.2) Subsection (1) does not apply to State land granted in trust or reserved and set apart for the school under the Land Act 1994 .\n(sec.58-ssec.3) If a regulation is not made in relation to property mentioned in subsection (1) , the Minister may give directions about how the property is to be disposed of or held.\n(sec.58-ssec.4) The board must comply with a direction given under subsection (3) .\n(sec.58-ssec.5) The power to make a regulation or give directions includes the power to vary the trustees, and the terms, of any trust created under this section.\n(sec.58-ssec.6) Subsections (1) and (3) do not authorise a regulation or the Minister to override a trust instrument, if the instrument— was created before the discontinuance of the school; and relates to property held by the board of the school; and provides for the variation of the trust on the discontinuance of the school.\n- (a) was created before the discontinuance of the school; and\n- (b) relates to property held by the board of the school; and\n- (c) provides for the variation of the trust on the discontinuance of the school.","sortOrder":78},{"sectionNumber":"sec.59","sectionType":"section","heading":"Delegations","content":"### sec.59 Delegations\n\nA board of a grammar school may delegate its functions to the following—\na member of the board;\na committee of its members;\nan employee of the board, including a member of the staff of the school.\nHowever, a board may not delegate the following—\nthe power to make policies and procedures under section 11 (e) ;\nthe power to make by-laws under section 13 ;\nthe approval of a budget under section 24 .\nIn this section—\nfunctions includes powers.\n(sec.59-ssec.1) A board of a grammar school may delegate its functions to the following— a member of the board; a committee of its members; an employee of the board, including a member of the staff of the school.\n(sec.59-ssec.2) However, a board may not delegate the following— the power to make policies and procedures under section 11 (e) ; the power to make by-laws under section 13 ; the approval of a budget under section 24 .\n(sec.59-ssec.3) In this section— functions includes powers.\n- (a) a member of the board;\n- (b) a committee of its members;\n- (c) an employee of the board, including a member of the staff of the school.\n- (a) the power to make policies and procedures under section 11 (e) ;\n- (b) the power to make by-laws under section 13 ;\n- (c) the approval of a budget under section 24 .","sortOrder":79},{"sectionNumber":"sec.60","sectionType":"section","heading":"Regulation-making power","content":"### sec.60 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may impose a penalty of no more than 20 penalty units for a contravention of a regulation.\nA regulation may be made about elections under this Act, including—\na minimum or maximum amount that may be provided for in a by-law of a board as the board’s electoral eligibility amount; and\nan amount that is the electoral eligibility amount for a board; and\nwhen an election is to be held; and\na maximum number of terms for which a person may be elected as a member of a board.\n(sec.60-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.60-ssec.2) A regulation may impose a penalty of no more than 20 penalty units for a contravention of a regulation.\n(sec.60-ssec.3) A regulation may be made about elections under this Act, including— a minimum or maximum amount that may be provided for in a by-law of a board as the board’s electoral eligibility amount; and an amount that is the electoral eligibility amount for a board; and when an election is to be held; and a maximum number of terms for which a person may be elected as a member of a board.\n- (a) a minimum or maximum amount that may be provided for in a by-law of a board as the board’s electoral eligibility amount; and\n- (b) an amount that is the electoral eligibility amount for a board; and\n- (c) when an election is to be held; and\n- (d) a maximum number of terms for which a person may be elected as a member of a board.","sortOrder":80},{"sectionNumber":"pt.6","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":81},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Repeal provision","content":"## Repeal provision","sortOrder":82},{"sectionNumber":"sec.61","sectionType":"section","heading":"Repeal","content":"### sec.61 Repeal\n\nThe Grammar Schools Act 1975 , No. 42 is repealed.","sortOrder":83},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Transitional provisions","content":"## Transitional provisions","sortOrder":84},{"sectionNumber":"sec.62","sectionType":"section","heading":"Definition for division","content":"### sec.62 Definition for division\n\nIn this division—\nrepealed Act means the repealed Grammar Schools Act 1975 .","sortOrder":85},{"sectionNumber":"sec.63","sectionType":"section","heading":"Continuation of boards","content":"### sec.63 Continuation of boards\n\nA board of trustees established under the repealed Act, section 7 and in existence immediately before the commencement continues in existence as a board under this Act.\nA thing done by or in relation to a board of trustees before the commencement is taken to be a thing done by or in relation to the board continued under subsection (1).\nWithout limiting subsection (2)—\nan appointment of a member of a board of trustees is taken to be an appointment to the board continued under subsection (1); and\na term served by a person as a member of a board of trustees before the commencement is included for the purpose of deciding the number of terms the person has served as a member of a board continued under subsection (1).\n(sec.63-ssec.1) A board of trustees established under the repealed Act, section 7 and in existence immediately before the commencement continues in existence as a board under this Act.\n(sec.63-ssec.2) A thing done by or in relation to a board of trustees before the commencement is taken to be a thing done by or in relation to the board continued under subsection (1).\n(sec.63-ssec.3) Without limiting subsection (2)— an appointment of a member of a board of trustees is taken to be an appointment to the board continued under subsection (1); and a term served by a person as a member of a board of trustees before the commencement is included for the purpose of deciding the number of terms the person has served as a member of a board continued under subsection (1).\n- (a) an appointment of a member of a board of trustees is taken to be an appointment to the board continued under subsection (1); and\n- (b) a term served by a person as a member of a board of trustees before the commencement is included for the purpose of deciding the number of terms the person has served as a member of a board continued under subsection (1).","sortOrder":86},{"sectionNumber":"sec.64","sectionType":"section","heading":"Amounts previously donated or subscribed","content":"### sec.64 Amounts previously donated or subscribed\n\nAn amount donated or subscribed under the repealed Act is taken to be an amount donated under this Act.","sortOrder":87},{"sectionNumber":"sec.65","sectionType":"section","heading":"Eligible persons","content":"### sec.65 Eligible persons\n\nThis section applies to a person if, before the commencement, the person had donated or subscribed to a grammar school at least the electoral eligibility amount for the school’s board under the repealed Act.\nThe person is taken to have donated the electoral eligibility amount to the grammar school under this Act.\n(sec.65-ssec.1) This section applies to a person if, before the commencement, the person had donated or subscribed to a grammar school at least the electoral eligibility amount for the school’s board under the repealed Act.\n(sec.65-ssec.2) The person is taken to have donated the electoral eligibility amount to the grammar school under this Act.","sortOrder":88},{"sectionNumber":"sec.66","sectionType":"section","heading":"Continuation of by-laws","content":"### sec.66 Continuation of by-laws\n\nThis section applies to a by-law made by a board under the repealed Act, section 15A.\nOn the commencement, the by-law continues in effect as a by-law made under section 13 until the earlier of the following—\nthe day the board replaces the by-law with a new by-law made under section 13;\nthe day that is 12 months after the commencement.\n(sec.66-ssec.1) This section applies to a by-law made by a board under the repealed Act, section 15A.\n(sec.66-ssec.2) On the commencement, the by-law continues in effect as a by-law made under section 13 until the earlier of the following— the day the board replaces the by-law with a new by-law made under section 13; the day that is 12 months after the commencement.\n- (a) the day the board replaces the by-law with a new by-law made under section 13;\n- (b) the day that is 12 months after the commencement.","sortOrder":89},{"sectionNumber":"sec.67","sectionType":"section","heading":"Board member not disqualified under repealed Act","content":"### sec.67 Board member not disqualified under repealed Act\n\nA written approval or notice given to a person by the Minister under the repealed Act, section 9(2), is taken to be a written approval or notice given under section 18(2) or (3) of this Act.","sortOrder":90},{"sectionNumber":"sec.68","sectionType":"section","heading":"Application of repealed Act for illegal borrowing","content":"### sec.68 Application of repealed Act for illegal borrowing\n\nDespite its repeal, section 29 of the repealed Act continues to apply in relation to money borrowed or appropriated by a board before the commencement.\n(sec.68-ssec) Despite its repeal, section 29 of the repealed Act continues to apply in relation to money borrowed or appropriated by a board before the commencement.","sortOrder":91},{"sectionNumber":"sec.69","sectionType":"section","heading":"Application of s 51","content":"### sec.69 Application of s 51\n\nThis section applies in relation to each of the following schools—\nthe Anglican Church Grammar School;\nthe Sunshine Coast Grammar School.\nSection 51 does not apply to the operation of the school.\nFor section 51(2), a person does not hold out the school to be a grammar school only by using the school’s name.\nSubsections (2) and (3) apply to the school only while it continues to be operated by its current operator under the name it had immediately before the commencement.\nIn this section—\nAnglican Church Grammar School means the school that, immediately before the commencement, was operated under that name by its current operator.\ncurrent operator means—\nfor the Anglican Church Grammar School—The Corporation of the Synod of the Diocese of Brisbane; or\nfor the Sunshine Coast Grammar School—the Presbyterian and Methodist Schools Association.\nSunshine Coast Grammar School means the school that, immediately before the commencement, was operated under that name by its current operator.\n(sec.69-ssec.1) This section applies in relation to each of the following schools— the Anglican Church Grammar School; the Sunshine Coast Grammar School.\n(sec.69-ssec.2) Section 51 does not apply to the operation of the school.\n(sec.69-ssec.3) For section 51(2), a person does not hold out the school to be a grammar school only by using the school’s name.\n(sec.69-ssec.4) Subsections (2) and (3) apply to the school only while it continues to be operated by its current operator under the name it had immediately before the commencement.\n(sec.69-ssec.5) In this section— Anglican Church Grammar School means the school that, immediately before the commencement, was operated under that name by its current operator. current operator means— for the Anglican Church Grammar School—The Corporation of the Synod of the Diocese of Brisbane; or for the Sunshine Coast Grammar School—the Presbyterian and Methodist Schools Association. Sunshine Coast Grammar School means the school that, immediately before the commencement, was operated under that name by its current operator.\n- (a) the Anglican Church Grammar School;\n- (b) the Sunshine Coast Grammar School.\n- (a) for the Anglican Church Grammar School—The Corporation of the Synod of the Diocese of Brisbane; or\n- (b) for the Sunshine Coast Grammar School—the Presbyterian and Methodist Schools Association.","sortOrder":92}],"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose of regulating grammar school governance. The 2016 Act is a re-enactment/replacement of the 1975 Act with modernised provisions. The scope remains focused on the eight specified grammar schools, their boards, financial management, and governance structures. No significant scope creep is evident."},"complexity_factors":["Moderate length with 69 sections across 6 Parts","Cross-references to multiple other Acts: Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, Education (Accreditation of Non-State Schools) Act 2017, Corporations Act, Working with Children Check Act 2000, Acts Interpretation Act 1954, Justices Act 1886, Land Act 1994, Public Sector Act 2022","Conditional logic in board composition (7-9 members with specific nomination/election pathways)","Nested exceptions in disqualification provisions (section 18) with Ministerial override powers","Transitional provisions preserving pre-existing arrangements from the repealed 1975 Act","Specific carve-outs for two non-grammar schools (Anglican Church Grammar School and Sunshine Coast Grammar School) in section 69","Multiple mechanisms for Ministerial intervention (directions, information requests, administrator appointment) with varying consultation requirements","Defined terms located in Schedule 1 dictionary (not fully visible in extract but referenced)"],"plain_english_summary":"**What this law does:**\n\nThis Act sets up a modern framework for governing Queensland's eight historic grammar schools. It replaces the old 1975 law and creates a system where each school is run by its own **board of trustees** — a legal body that operates independently of the government but with ministerial oversight.\n\n**Who it affects:**\n\n*   **The eight grammar schools** listed in the Act (including Brisbane Grammar, Brisbane Girls Grammar, Ipswich Grammar, etc.)\n*   **Board members** — people appointed or elected to govern these schools\n*   **Parents and students** at these schools\n*   **Donors** who contribute money to the schools (and may get voting rights)\n*   **The Queensland Minister for Education**, who has powers to intervene if schools get into financial trouble\n\n**Key things the law covers:**\n\n*   **Governance:** Each school gets a board of 7–9 people. Four are chosen by the Minister, three are elected by donors, and up to two extra can be added.\n*   **Financial safeguards:** Boards must follow strict financial rules, report to the Minister if they're in trouble, and the Minister can appoint an **administrator** (a temporary manager) if a school becomes financially unviable.\n*   **Donor voting:** To vote in board elections or stand for election, you must donate a minimum amount set by the school (the \"electoral eligibility amount\").\n*   **Name protection:** Only the eight listed schools can use \"grammar school\" in their name. Other schools can't pretend to be grammar schools.\n*   **Secular requirement:** Grammar schools must operate independently of any church and can't restrict enrolment to students of a particular religion.\n*   **Criminal history checks:** Board members must consent to police checks and disclose serious convictions.\n\n**Why it matters:**\n\nThis law protects the long-term viability and reputation of some of Queensland's oldest and most prestigious schools. It balances school independence with government oversight to prevent financial mismanagement or governance failures that could harm students and communities."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act continues existing boards (s.63) but expands and clarifies regulatory reach compared with the repealed Act: it formalises donor-linked electoral eligibility and a public donor register (s.14–15, s.54), strengthens Ministerial oversight and information powers and creates an administrator regime for financial distress (s.35–36, pt.4), adds detailed financial governance and member liability for unauthorised borrowing (s.24, s.26–27, s.53), and protects the exclusive use of ‘grammar’ in school names with limited, specified exceptions (s.51, s.69)."},"complexity_factors":["Mixed board composition and appointment process: minister-nominated members, donor-elected members, and board‑chosen nominees with Governor in Council appointments (s.14–16).","Electoral eligibility tied to minimum donations and public donor register, affecting who may vote and be identified publicly (s.15, s.54).","Broad ministerial powers to require information, give directions, consult, disclose documents and appoint administrators for financial viability (s.35–36, pt.4).","Administrator regime that transfers board powers and is directly subject to Ministerial directions (s.37, s.47–49).","Detailed financial governance (annual budgets, trust and investment common funds, income allocation rules) and accountability (s.24, s.25, s.26–27).","Joint and several personal liability for board members who authorise unauthorised borrowing or misappropriation (s.53).","Criminal-history checks, disclosure duties and confidentiality rules for reports and notices (s.21, s.23, s.23A).","Limits on delegation (certain core powers non-delegable) and by‑law rules including non‑subordinate status (s.13, s.59).","Multiple cross-references to other statutes (Financial Accountability Act 2009; Statutory Bodies Financial Arrangements Act 1982; Education (Accreditation of Non‑State Schools) Act 2017; Corporations Act; Working with Children Check) increasing legal interdependence (s.10, s.47, s.18, s.40).","Transitional provisions preserving continuity while repealing the 1975 Act, with specified exceptions and grandfathering (pt.6, s.61–69)."],"plain_english_summary":"This Act replaces the earlier statute and sets legal rules for governance and administration of the eight named grammar schools by establishing corporate boards, election and nomination rules, budgets and reporting obligations, donor registers, name protections, and ministerial oversight including directions and appointment of administrators. Its stated purpose is to maintain public confidence in grammar schools (s.3); mechanically that centralises appointment and oversight powers with the Minister, links voting to donor payments, imposes new compliance and reporting burdens on boards, and creates joint liability for unlawful borrowing (s.53)."},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its stated purpose: regulating the governance and administration of the eight named Queensland grammar schools to maintain public confidence in them. The Act replaced the Grammar Schools Act 1975 and consolidated and modernised existing arrangements without materially expanding or narrowing the schools covered or the regulatory framework applied to them."},"complexity_factors":["Multiple interlocking appointment mechanisms for board members (ministerial nomination, election by donors, board-chosen additional members), each with different rules","Eligibility to vote and stand for election is tied to financial donations ('electoral eligibility amount'), an unusual concept requiring careful reading","Extensive cross-references to other Queensland legislation (Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, Education (Accreditation of Non-State Schools) Act 2017, Working with Children Check Act 2000, Acts Interpretation Act 1954, Corporations Act, Land Act 1994)","Layered disqualification and reinstatement rules for board members, including ministerial discretion to override disqualification","Complex financial provisions including trust funds, investment common funds, income distribution rules, and personal liability of board members for unauthorised borrowing","Administrator appointment regime with detailed procedural requirements, multiple trigger conditions, and interaction with accreditation legislation","Transitional provisions continuing pre-existing rights, appointments, by-laws and donations from the repealed 1975 Act","Carve-out exceptions for Anglican Church Grammar School and Sunshine Coast Grammar School adding conditional complexity","Criminal history information confidentiality obligations with multiple permitted disclosure exceptions"],"plain_english_summary":"The Grammar Schools Act 2016 sets the governance rules for eight Queensland government-funded independent “grammar” schools, establishing 7–9‑member Boards of Trustees (minister nominees, donor-elected members, and minister‑approved appointees) who run the schools, set fees/staffing/policies, and manage finances. Only qualifying donors may vote in board elections.\n\nThe Act gives the Minister oversight (information powers, directions, and appointment of an Administrator for serious financial or accreditation risk), bans other schools using “grammar,” and requires non‑church, non‑religious control."}},"importantCases":[],"_links":{"self":"/api/acts/grammar-schools-act-2016","history":"/api/acts/grammar-schools-act-2016/history","analysis":"/api/acts/grammar-schools-act-2016/analysis","conflicts":"/api/acts/grammar-schools-act-2016/conflicts","importantCases":"/api/acts/grammar-schools-act-2016/important-cases","documents":"/api/acts/grammar-schools-act-2016/documents"}}