Board of Senior Secondary Studies Act 1997 (ACT)

This Act establishes the Board of Senior Secondary Studies, creates its corporate form and governance, defines its principal functions in relation to senior secondary education in the Australian Capital Territory, and sets out processes for course accreditation and registration, certification of student attainments, approval of specialist education providers, and review procedures for certain administrative decisions. The statutory corporation is given powers to accredit or register courses taught by recognised educational institutions (s 4(2)(a); s 5(a)), to set guidelines and assessment principles (s 5(c)-(d); s 5A; s 5B), to issue certificates and transcripts (s 5(e); s 26), to collect and publish performance information (s 5(f); s 5D), and to nominate, appoint and manage advisory committees and consultants (s 6(1)(a); s 19). The board is subject to ministerial direction on the exercise of functions, with an express prohibition on directions about particular students or particular assessments (s 7).

Mechanically, the Act does the following main things:

Constitutes the board as a corporation that may sue and be sued and represents the Territory when exercising functions, unless another law provides otherwise (s 4(1)-(3)).
Sets out the board’s main functions and specific additional functions for course accreditation, assessment, certification and publication of policy and performance (s 5; ss 5A-5D).
Prescribes membership, appointment, tenure and governance arrangements for the board, including consultation requirements for most appointment slots (s 8; s 10; s 13-17; s 16A) and conflict-of-interest rules (s 11).
Creates two pathways for a course to be formally recognised for senior secondary students: accreditation (board-initiated or by application) and registration (application with satisfaction against guidelines) (ss 21-25).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Board of Senior Secondary Studies Act 1997 A1997-87 Republication No 14 Effective: 6 December 2025 Republication date: 6 December 2025 Last amendment made by A2025-29

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Board of Senior Secondary Studies Act 1997 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 6 December 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 6 December 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R14 06/12/25 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Board of Senior Secondary Studies Act 1997 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Dictionary 2 3 Notes 2 Part 2 Key concepts 3A What is senior secondary education? 3 3B What is a recognised educational institution? 3 3C What is a national agreement? 4 Part 3 Board of Senior Secondary Studies 4 Establishment of board 5 5 Functions of board 5

Contents Page contents 2 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 R14 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5A Additional functions about accreditation of courses 6 5B Additional functions about assessment of students 6 5C Additional functions about certificates of attainment 7 5D Additional functions about performance and policies 8 6 Other functions of board 8 7 Ministerial directions 9 8 Membership of board 9 10 Term of appointment of board members 11 11 Disclosure of interests by board members 11 12 Ending board member appointments 13 13 Time and place of board meetings 13 14 Presiding member at board meetings 13 15 Quorum at board meetings 14 16 Voting at meetings 14 16A Proxy voting 14 17 Conduct of meetings etc 14 18 Delegation by board 15 19 Consultants 15 19A Arrangements for staff 15 20 Protection of board members from liability 15 Part 4 Accredited and registered courses Division 4.1 Accreditation of courses 21 Board may initiate accreditation of course 16 22 Application for accreditation of course 16 23 Review of conditional accreditation or refusal 16 24 Considerations relating to accreditation of courses 17 Division 4.2 Registration of courses 25 Application for registration of course 18 Division 4.3 Certificates of attainment 26 Issue of certificates of attainment 18 26A Application for review if board refuses to issue certificate 19 27 Review of refusal to issue certificate 19

Contents Page R14 06/12/25 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 4.4 Specialist education providers 27A Approved specialist education providers 20 27B Criteria for approval 20 27C Suspension of approval 20 27D Cancellation of approval 21 Part 4A Notification and review of decisions 27E Meaning of reviewable decision—pt 4A 22 27F Reviewable decision notices 22 27G Applications for review 22 Part 5 Miscellaneous 28 Information about academic performance 23 29 Register of courses 23 30 Approved forms 23 Schedule 1 Reviewable decisions 24 Dictionary 25 Endnotes 1 About the endnotes 27 2 Abbreviation key 27 3 Legislation history 28 4 Amendment history 31 5 Earlier republications 36

R14 06/12/25 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Board of Senior Secondary Studies Act 1997 An Act to establish a board of senior secondary studies

Part 1 Preliminary Section 1 page 2 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 R14 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Board of Senior Secondary Studies Act 1997. 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act. For example, the signpost definition ‘senior secondary education—see section 3A.’ means that the term ‘senior secondary education’ is defined in that section. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 3 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Key concepts Part 2 Section 3A R14 06/12/25 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Key concepts 3A What is senior secondary education? Education is senior secondary education if it is normally provided to students in the final 2 years of full-time secondary schooling. 3B What is a recognised educational institution? (1) An educational institution is a recognised educational institution if it— (a) provides, or offers to provide, courses suitable for senior secondary education; and (b) is either— (i) established or registered under a Commonwealth or State law; or (ii) a school declared under subsection (2). Note State includes the Northern Territory (see Legislation Act, dict, pt 1). (2) The Minister may declare a school to be a recognised educational institution if the school— (a) is established and operates in another country; and (b) does not operate in Australia; and (c) has entered into an agreement with the board in relation to 1 or more of the following: (i) the accreditation by the board of courses taught by the school; (ii) the assessment by the board of the school’s students; (iii) the issue by the board of certificates of attainment to the school’s students;

Part 2 Key concepts Section 3C page 4 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 R14 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (iv) the exercise of other functions of the board in relation to the provision of senior secondary education by the school. (3) A declaration is a notifiable instrument. 3C What is a national agreement? (1) This section applies to an agreement if it— (a) is entered into by the Territory, the Commonwealth, a State or the Northern Territory; and (b) deals with the provision of vocational education. (2) The Minister may declare the agreement is a national agreement. (3) A declaration under subsection (2) is a notifiable instrument.

Board of Senior Secondary Studies Part 3 Section 4 R14 06/12/25 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Board of Senior Secondary Studies 4 Establishment of board (1) The Board of Senior Secondary Studies is established. Note The Legislation Act, dict, pt 1, defines establish as including continue in existence. (2) The board— (a) is a corporation; and (b) may sue and be sued in its corporate name; and (c) may have a seal. (3) The board represents the Territory when exercising its functions, unless this Act or another territory law otherwise provides. 5 Functions of board The main functions of the board are as follows: (a) to accredit or register courses taught by recognised educational institutions; (b) to approve, consistent with national agreements, recognised educational institutions for teaching vocational education courses; (c) to establish guidelines for the development of courses by the board or by a recognised educational institution; (d) to establish principles and procedures for the assessment of attainments of students and the moderation of the assessments; (e) to provide to people who have undertaken courses, or units of courses, certificates and transcripts of their attainments;

Part 3 Board of Senior Secondary Studies Section 5A page 6 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 R14 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (f) to provide information on— (i) the performance of students and former students; and (ii) the policies and procedures of the board; (g) to review its own operations and the operation of this Act; (h) to advise the Minister on any matter mentioned in this section (including something mentioned in section 5A to section 5D). Note A provision of a law that gives an entity a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity). 5A Additional functions about accreditation of courses For section 5 (a), the board has the following additional functions: (a) to establish guidelines (accreditation guidelines) for the accreditation of courses, including vocational education courses; (b) to ensure national agreements about the accreditation of vocational education and training courses are applied, if appropriate; (c) to identify the minimum resources necessary for the satisfactory provision of the courses that the board decides. 5B Additional functions about assessment of students For section 5 (d), the board has the following additional functions: (a) to prepare guidelines and requirements for the assessment of student attainments; (b) to make arrangements for the administration by recognised educational institutions of the test known as the Australian Scaling Test, or any other test instead of the Australian Scaling Test that is approved by the board;

Board of Senior Secondary Studies Part 3 Section 5C R14 06/12/25 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) to develop and implement procedures for the moderation of student assessments; (d) to develop procedures for— (i) recognised educational institutions to review the assessments of their students; and (ii) the board to review the procedures used by recognised educational institutions to assess their students or review their student assessments; and (iii) recognised educational institutions, or the board, to review disciplinary action taken by recognised educational institutions in relation to their student assessments. 5C Additional functions about certificates of attainment For section 5 (e), the board has the following additional functions: (a) to prepare guidelines for the issue of certificates of attainment; (b) to make the arrangements that the board considers appropriate to ensure to the greatest extent possible that certificates issued by the board are recognised by employers and providers of further training or higher education; (c) to consult institutions that provide tertiary education or vocational education or training for the purpose of reviewing from time to time the effect of their requirements and procedures for the admission of students and to provide appropriate guidance to the institutions; (d) to issue, consistent with national agreements, certificates or other evidence of the achievements of vocational education or training qualifications.

Part 3 Board of Senior Secondary Studies Section 5D page 8 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 R14 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5D Additional functions about performance and policies For section 5 (f), the board has the following additional functions: (a) to collect and record information about the performances of students; (b) to provide, to institutions that provide tertiary education or vocational education or training, information on applicants for admission to the institutions; (c) to publicise the guidelines, requirements, procedures and standards for assessments, certification and accreditation used by the board; (d) to make available, as decided by the board, statistical information about— (i) senior secondary education in the ACT; and (ii) the functions of the board; (e) if appropriate, to recognise secondary educational attainments obtained outside the ACT and provide statements of equivalence if asked. 6 Other functions of board (1) The board may— (a) appoint the committees and advisory panels that it considers appropriate; and (b) issue certificates of attainment to people who have undertaken courses or units of courses. Note A provision of a law that gives an entity a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

Board of Senior Secondary Studies Part 3 Section 7 R14 06/12/25 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) For section 6 (1) (a), if the board appoints a public servant, the public servant must be appointed in accordance with any conditions determined by the head of service. (3) A determination is a notifiable instrument. 7 Ministerial directions (1) The Minister may give a direction to the board about the exercise of its functions. (2) The Minister may not give a direction that relates to a particular student or a particular assessment. (3) The board must give effect to a direction under this section. (4) A direction is a disallowable instrument. 8 Membership of board (1) The board must consist of the following members: (a) a chair; (b) 1 person appointed after consultation with the Canberra Institute of Technology; (c) 1 person appointed after consultation with vocational education and training organisations; (d) 1 person appointed after consultation with the Australian National University; (e) 1 person appointed after consultation with the University of Canberra; (f) 1 person appointed after consultation with the Australian Catholic University; (g) 1 person appointed after consultation with the body known as the Association of Independent Schools;

Part 3 Board of Senior Secondary Studies Section 8 page 10 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 R14 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (h) 1 person appointed after consultation with the ACT branch of the Australian Education Union; (i) 1 person appointed after consultation with the body known as the Catholic Education Commission; (j) 1 person appointed after consultation with the body known as the ACT Principals’ Association Inc.; (k) 1 person appointed after consultation with the body known as the ACT Council of Parents and Citizens Associations; (l) 1 person appointed after consultation with the Association of Parents and Friends of the ACT Schools Inc.; (m) 1 person appointed after consultation with business and industry representative organisations in the ACT; (n) 1 person appointed after consultation with the ACT Trades and Labour Council; (o) the director-general. (2) The Minister must appoint the board members (other than the director-general). Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207). Note 3 Certain Ministerial appointments require consultation with a Legislative Assembly committee and are disallowable (see Legislation Act, div 19.3.3). (3) The Minister may appoint a person to be a board member only if satisfied that the person has qualifications and expertise relevant to the functions of the board.

Board of Senior Secondary Studies Part 3 Section 10 R14 06/12/25 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 10 Term of appointment of board members An appointment of a board member must be for a term of not longer than 3 years. Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint). 11 Disclosure of interests by board members (1) A board member who has a material interest in an issue being considered, or about to be considered, by the board must, as soon as practicable after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a board meeting. (2) The disclosure must be recorded in the board’s minutes and, unless the board otherwise decides, the board member must not— (a) be present when the board considers the issue; or (b) take part in a decision of the board on the issue. Example Albert, Boris and Chloe are members of the board. They have an interest in an issue being considered at a board meeting and they disclose the interest as soon as they become aware of it. Albert’s and Boris’ interests are minor but Chloe has a direct financial interest in the issue. The board considers the disclosures and decides that because of the nature of the interests: • Albert may be present when the board considers the issue but not take part in the decision • Boris may be present for the consideration and take part in the decision. The board does not make a decision allowing Chloe to be present or take part in the board’s decision. Accordingly, Chloe cannot be present for the consideration of the issue or take part in the decision. (3) Any other board member who also has a material interest in the issue must not be present when the board is considering its decision under subsection (2).

Part 3 Board of Senior Secondary Studies Section 11 page 12 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 R14 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) In this section: associate, of a person, means— (a) the person’s business partner; or (b) a close friend of the person; or (c) a family member of the person. executive officer, of a corporation, means a person, however called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management. indirect interest—without limiting the kinds of indirect interests a person may have, a person has an indirect interest in an issue if any of the following has an interest in the issue: (a) an associate of the person; (b) a corporation with not more than 100 members of which the person, or an associate of the person, is a member; (c) a subsidiary of a corporation mentioned in paragraph (b); (d) a corporation of which the person, or an associate of the person, is an executive officer; (e) the trustee of a trust of which the person, or an associate of the person, is a beneficiary; (f) a member of a firm or partnership of which the person, or an associate of the person, is a member; (g) someone else carrying on a business if the person, or an associate of the person, has a direct or indirect right to participate in the profits of the business. material interest—a board member has a material interest in an issue if the member has— (a) a direct or indirect financial interest in the issue; or

Board of Senior Secondary Studies Part 3 Section 12 R14 06/12/25 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) a direct or indirect interest of any other kind if the interest could conflict with the proper exercise of the member’s functions in relation to the board’s consideration of the issue. 12 Ending board member appointments (1) This section applies to a board member other than the director-general. (2) The Minister must end the board member’s appointment— (a) if the member is convicted, in the ACT, of an offence punishable by imprisonment for at least 1 year; or (b) if the member is convicted outside the ACT, in Australia or elsewhere, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or (c) if the member contravenes section 11 (Disclosure of interests by board members); or (d) if the member is absent, other than on leave approved by the chair, from 3 consecutive meetings of the board. Note A person’s appointment also ends if the person resigns (see Legislation Act, s 210). 13 Time and place of board meetings Meetings of the board are to be held at the times and places the chair decides. 14 Presiding member at board meetings (1) The chair presides at all board meetings at which the chair is present. (2) However, if the chair is absent, the board member chosen by the board members present presides.

Part 3 Board of Senior Secondary Studies Section 15 page 14 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 R14 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 15 Quorum at board meetings Business may be carried on at a board meeting only if at least 8 board members (other than the director-general) are present. 16 Voting at meetings (1) At a board meeting, each board member has a vote on each question to be decided. (2) A question is to be decided by a majority of the votes of the board members present and voting but, if the votes are equal, the member presiding has a deciding vote. 16A Proxy voting (1) A board member may appoint a person as a proxy for a vote at a board meeting. (2) The appointment must be in a form approved by the board. 17 Conduct of meetings etc (1) The board may conduct its proceedings (including its meetings) as it considers appropriate. (2) A meeting may be held using a method of communication, or a combination of methods of communication, that allows a board member taking part to hear what each other member taking part says without the members being in each other’s presence. Examples a phone link, a satellite link, an internet or intranet link (3) A board member who takes part in a meeting conducted under subsection (2) is taken, for all purposes, to be present at the meeting. (4) The board must keep minutes of its meetings.

Board of Senior Secondary Studies Part 3 Section 18 R14 06/12/25 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 18 Delegation by board The board may delegate the board’s functions under this Act or another territory law to a board member or a consultant engaged under section 19 or a public servant mentioned in section 19A. Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4. 19 Consultants (1) The board may, for the Territory, engage consultants to, or to perform services for, the board. (2) Consultants are to be engaged on written terms decided by the board that are approved by the Minister. (3) However, this section does not give the board a power to enter into a contract of employment. 19A Arrangements for staff The board may arrange with the head of service to use the services of a public servant. Note The head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994, s 18). 20 Protection of board members from liability (1) A board member does not incur civil liability for an act or omission done honestly and without recklessness for this Act. (2) Any civil liability that would, apart from this section, attach to a person, attaches instead to the Territory.

Part 4 Accredited and registered courses Division 4.1 Accreditation of courses Section 21 page 16 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 R14 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Accredited and registered courses Division 4.1 Accreditation of courses 21 Board may initiate accreditation of course (1) The board may, on its own initiative, accredit a course. (2) In deciding whether to initiate accreditation of a course, the board must consider the accreditation guidelines. (3) An accreditation under subsection (1) may be conditional. 22 Application for accreditation of course (1) A recognised educational institution may apply to the board for the accreditation of a course to be taught at the institution. (2) The board must either— (a) accredit the course; or (b) refuse to accredit the course. (3) An accreditation is in force for the period that the board decides. (4) An accreditation may be conditional. (5) The board must tell the applicant, in writing, of its decision. 23 Review of conditional accreditation or refusal (1) This section applies if the board, under section 22— (a) accredits a course conditionally; or (b) refuses to accredit a course. (2) The applicant for accreditation may, within 1 month after the day the board tells the applicant about the board’s decision under section 22, ask the board, in writing, to review the decision.

Accredited and registered courses Part 4 Accreditation of courses Division 4.1 Section 24 R14 06/12/25 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) Within 1 month after the day the board receives the request, the chair of the board must set up a committee to advise the board about the request. (4) As soon as practicable after the board receives advice from the committee, the board must review its decision and either— (a) confirm the original decision; or (b) replace the original decision with a decision that the board may make under section 22. (5) The board must tell the applicant, in writing, of the board’s decision. 24 Considerations relating to accreditation of courses In making a decision under this division, the board must consider the following: (a) the coherence of the course; (b) the appropriateness of the course; (c) the clarity of the course; (d) how it is intended to teach the course; (e) the relevant guidelines of the board; (f) the policies of the board.

Part 4 Accredited and registered courses Division 4.2 Registration of courses Section 25 page 18 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 R14 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 4.2 Registration of courses 25 Application for registration of course (1) A recognised educational institution may apply to the board for the registration of a course to be taught at the institution. (2) The board must— (a) if the application is accompanied by documents and information that satisfies the board that the course complies with the relevant guidelines of the board—register the course; or (b) in any other case—refuse to register the course. (3) A registration is in force for the period that the board decides. (4) A registration may be conditional. (5) The board must tell the applicant, in writing, of its decision. Division 4.3 Certificates of attainment 26 Issue of certificates of attainment (1) If a person has satisfactorily completed an accredited course or registered course, or a unit of an accredited course or registered course, at a recognised educational institution, the board must give the person a certificate showing the person’s attainment (a certificate of attainment). (2) However, the board may give a certificate of attainment only if the board is satisfied that— (a) the course has been taught in accordance with— (i) the relevant accreditation guidelines; and (ii) if the accreditation is conditional—the conditions of the accreditation; and

Accredited and registered courses Part 4 Certificates of attainment Division 4.3 Section 26A R14 06/12/25 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (iii) any guidelines and requirements of the board about the teaching of the course; and (b) the person has been assessed in accordance with any guidelines and requirements of the board about the assessment of student attainments (see section 5B (a)). (3) In making a decision under subsection (2), the board may rely on information in a certificate from a recognised educational institution. (4) A certificate of attainment may state any information that is available from the records of the board and appears to the board to be connected with the person’s studies. 26A Application for review if board refuses to issue certificate (1) This section applies to a certificate of any kind ordinarily issued by the board to a person who has completed the studies to which the certificate relates, including a certificate of attainment. (2) A person dissatisfied by a refusal of the board to issue a certificate may apply, in writing, to the board for a review of the refusal. (3) The application must— (a) state the grounds on which the review is sought; and (b) be given to the board within 1 month after the day the board states is the day when the certificate would have been issued. 27 Review of refusal to issue certificate (1) Within 1 month after the day the board receives an application under section 26A, the chair of the board must set up a committee to advise the board about the application. (2) As soon as practicable after the board receives advice from the committee, the board must review its decision and either— (a) confirm the refusal; or

Part 4 Accredited and registered courses Division 4.4 Specialist education providers Section 27A page 20 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 R14 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) issue the certificate. (3) The board must tell the applicant, in writing, of its decision. Division 4.4 Specialist education providers 27A Approved specialist education providers (1) The board may approve specialist education providers for this Act. (2) The board must keep an up-to-date list of approved specialist education providers. 27B Criteria for approval The board may approve an entity as a specialist education provider only if satisfied that the following criteria (the approval criteria) are met: (a) the provider will have premises and equipment that comply with any relevant territory laws about health and safety standards; (b) the nature and content of the education to be offered by the provider will be satisfactory for the educational levels for which approval as a provider is sought; (c) the teaching staff will be efficient and effective; (d) the facility operated by the provider will be conducted in a satisfactory way; (e) the disciplinary policy of the provider will not allow corporal punishment. 27C Suspension of approval The board may suspend the approval of a specialist education provider if the board is no longer satisfied, on reasonable grounds, that the provider meets the approved criteria under section 27B.

Accredited and registered courses Part 4 Specialist education providers Division 4.4 Section 27D R14 06/12/25 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 27D Cancellation of approval The board must cancel the approval of a specialist education provider if, on at least 3 occasions, a ground existed on which the board would have been entitled to suspend the approval of the provider.

Part 4A Notification and review of decisions Section 27E page 22 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 R14 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4A Notification and review of decisions 27E Meaning of reviewable decision—pt 4A In this part: reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. 27F Reviewable decision notices If the board makes a reviewable decision, the board must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision. Note The board must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 27G Applications for review The following may apply to the ACAT for review of a reviewable decision: (a) an entity mentioned in schedule 1, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision.

Miscellaneous Part 5 Section 28 R14 06/12/25 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Miscellaneous 28 Information about academic performance (1) A person who has completed the person’s senior secondary education may apply in writing to the board for a copy of the information held by the board about the person’s academic performance. (2) The board must give a copy of the information to the applicant or to someone else nominated in writing by the applicant. 29 Register of courses (1) The board must keep a register of courses (the register). (2) The board must enter in the register details of the following: (a) courses that the board has accredited; (b) courses that the board has registered; (c) anything else decided by the board. (3) The register must be kept in the form the board decides. (4) The register must be available for inspection by the public during ordinary office hours at a place decided by the chair of the board. 30 Approved forms (1) The board may approve forms for this Act. (2) If the board approves a form for a particular purpose, the approved form must be used for that purpose. (3) An approved form is a notifiable instrument.

Schedule 1 Reviewable decisions page 24 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 R14 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Reviewable decisions (see pt 4A) column 1 item column 2 section column 3 decision column 4 entity 1 27A refuse to approve application for approval as specialist education provider applicant 2 27C suspend approval of specialist education provider specialist education provider 3 27D cancel approval of specialist education provider specialist education provider

Dictionary R14 06/12/25 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • appoint • director-general (see s 163) • establish • exercise • function • head of service • month • public servant • reviewable decision notice. accreditation guidelines—see section 5A (a) (Additional functions about accreditation of courses). accredited course means a course accredited under section 21 (Board may initiate accreditation of course) or section 22 (Application for accreditation of course). board means the Board of Senior Secondary Studies. board member means a member of the board, and includes the chair. certificate of attainment—see section 26 (1). course means a course of study for senior secondary students. national agreement—see section 3C. recognised educational institution—see section 3B. registered course means a course registered under section 25.

Dictionary page 26 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 R14 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au reviewable decision, for part 4A (Notification and review of decisions—see section 27E. senior secondary education—see section 3A.

Endnotes About the endnotes 1 R14 06/12/25 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes 3 Legislation history page 28 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 R14 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Board of Senior Secondary Studies Act 1997 A1997-87 notified 1 December 1997 (Gaz 1997 No S380) s 1, s 2 commenced 1 December 1997 (s 2 (1)) remainder commenced 1 January 1998 (s 2 (2) and Gaz 1997 No S398) as amended by Board of Senior Secondary Studies (Amendment) Act 1998 A1998-44 notified 30 October 1998 (Gaz 1998 No S204) commenced 30 October 1998 (s 2) Legislation (Consequential Amendments) Act 2001 A2001-44 pt 38 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 38 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.5 notified LR 19 March 2004 s 1, s 2 commenced 19 March 2004 (LA s 75 (1)) sch 1 pt 1.5 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5) Education Act 2004 A2004-17 sch 2 pt 2.1 notified LR 8 April 2004 s 1, s 2 commenced 8 April 2004 (LA s 75 (1)) sch 2 pt 2.1 commenced 1 January 2005 (s 2) Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.6 notified LR 12 May 2005 s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2)) sch 3 pt 3.6 commenced 2 June 2005 (s 2 (1)) Training and Tertiary Education Legislation Amendment Act 2007 A2007-12 sch 1 pt 1.3 notified LR 13 June 2007 s 1, s 2 commenced 13 June 2007 (LA s 75 (1)) sch 1 pt 1.3 commenced 1 July 2007 (s 2 and CN2007-3)

Endnotes Legislation history 3 R14 06/12/25 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.7 notified LR 12 August 2008 s 1, s 2 commenced 12 August 2008 (LA s 75 (1)) sch 3 pt 3.7 commenced 26 August 2008 (s 2) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.12 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.12 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.7 notified LR 1 September 2009 s 1, s 2 commenced 1 September 2009 (LA s 75 (1)) sch 3 pt 3.7 commenced 22 September 2009 (s 2) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.17 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.17 commenced 1 July 2011 (s 2 (1)) Annual Reports (Government Agencies) Amendment Act 2015 A2015-16 sch 1 pt 1.3 notified LR 27 May 2015 s 1, s 2 commenced 27 May 2015 (LA s 75 (1)) sch 1 pt 1.3 commenced 3 June 2015 (s 2) Board of Senior Secondary Studies Amendment Act 2015 A2015-28 notified LR 20 August 2015 s 1, s 2 commenced 20 August 2015 (LA s 75 (1)) remainder commenced 21 August 2015 (s 2) Public Sector Management Amendment Act 2016 A2016-52 sch 1 pt 1.8 notified LR 25 August 2016 s 1, s 2 commenced 25 August 2016 (LA s 75 (1)) sch 1 pt 1.8 commenced 1 September 2016 (s 2)

Endnotes 3 Legislation history page 30 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 R14 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.16 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 4 pt 4.16 commenced 6 December 2025 (s 2 (5))

Endnotes Amendment history 4 R14 06/12/25 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Name of Act s 1 sub A2005-20 amdt 3.55 Dictionary s 2 orig s 2 om R1 LRA (prev s 3) renum A2001-44 amdt 1.372 sub A2005-20 amdt 3.56 def accredited course om A2005-20 amdt 3.56 def alternate om A2005-20 amdt 3.56 def appointed member om A2005-20 amdt 3.56 def board om A2005-20 amdt 3.56 def course om A2005-20 amdt 3.56 def executive officer om A1998-44 s 4 def member om A2005-20 amdt 3.56 def national agreement am A2001-44 amdt 1.371 om A2005-20 amdt 3.56 def recognised educational institution sub A1998-44 s 4 om A2005-20 amdt 3.56 def registered course om A2005-20 amdt 3.56 def senior secondary education om A2005-20 amdt 3.56 Notes s 3 ins A2001-44 amdt 1.373 sub A2005-20 amdt 3.56 Key concepts pt 2 hdg orig pt 2 hdg renum as pt 3 hdg ins A2005-20 amdt 3.57 What is senior secondary education? s 3A ins A2005-20 amdt 3.57 What is a recognised educational institution? s 3B ins A2005-20 amdt 3.57 sub A2015-28 s 4 am A2025-29 amdt 4.16 What is a national agreement? s 3C ins A2005-20 amdt 3.57 am A2025-29 amdt 4.16 Board of Senior Secondary Studies pt 3 hdg orig pt 3 hdg om A2005-20 amdt 3.72 (prev pt 2 hdg) renum A2005-20 amdt 3.58 Accreditation and registration of courses div 3.1 hdg (prev pt 3 div 1 hdg) renum R2 LA om A2005-20 amdt 3.73

Endnotes 4 Amendment history page 32 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 R14 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Certificates of attainment div 3.2 hdg (prev pt 3 div 2 hdg) renum R2 LA om A2005-20 amdt 3.77 Specialist education providers div 3.3 hdg ins A2004-17 amdt 2.1 om A2005-20 amdt 3.79 Establishment of board s 4 sub A2005-20 amdt 3.59 Functions of board s 5 sub A2005-20 amdt 3.60 Additional functions about accreditation of courses s 5A ins A2005-20 amdt 3.60 Additional functions about assessment of students s 5B ins A2005-20 amdt 3.60 Additional functions about certificates of attainment s 5C ins A2005-20 amdt 3.60 Additional functions about performance and policies s 5D ins A2005-20 amdt 3.60 Other functions of board s 6 sub A2005-20 amdt 3.61 am A2016-52 amdt 1.37; A2025-29 amdt 4.16 Ministerial directions s 7 am A2001-44 amdt 1.374, amdt 1.375; A2004-9 amdt 1.5; A2005-20 amdt 3.62, amdt 3.63; A2015-16 amdt 1.3; ss renum R11 LA; A2025-29 amdt 4.16 Membership of board s 8 am A1998-44 s 5; A2005-20 amdt 3.64, amdt 3.65; A2007-12 amdt 1.6; A2009-20 amdt 3.18; A2011-22 amdt 1.64; A2015-28 s 5, s 6; pars renum R12 LA Functions of board not affected by vacancies s 9 om A2005-20 amdt 3.66 Term of appointment of board members s 10 sub A2005-20 amdt 3.67 Disclosure of interests by board members s 11 sub A2005-20 amdt 3.68 am A2025-29 amdt 4.16 Ending board member appointments s 12 sub A2005-20 amdt 3.68 am A2011-22 amdt 1.64

Endnotes Amendment history 4 R14 06/12/25 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Representative of chief executive s 12A ins A1998-44 s 6 om A2005-20 amdt 3.68 Time and place of board meetings s 13 am A1998-44 s 7 sub A2005-20 amdt 3.68 Presiding member at board meetings s 14 sub A2005-20 amdt 3.68 Quorum at board meetings s 15 sub A2005-20 amdt 3.68 am A2011-22 amdt 1.64 Voting at meetings s 16 am A1998-44 s 8 sub A2005-20 amdt 3.68 Proxy voting s 16A ins A2015-28 s 7 am A2025-29 amdt 4.16 Conduct of meetings etc s 17 sub A2005-20 amdt 3.68 am A2008-28 amdt 3.36; A2025-29 amdt 4.16 Delegation by board s 18 om A1998-44 s 9 ins A2005-20 amdt 3.68 am A2016-52 amdt 1.38 Consultants s 19 am A2005-20 amdt 3.69, amdt 3.70; A2011-22 amdt 1.62, amdt 1.64 sub A2016-52 amdt 1.39 Arrangements for staff s 19A ins A2016-52 amdt 1.39 Protection of board members from liability s 20 sub A2005-20 amdt 3.71 Accredited and registered courses pt 4 hdg orig pt 4 hdg renum as pt 5 hdg ins A2005-20 amdt 3.72 Accreditation of courses div 4.1 hdg ins A2005-20 amdt 3.73 Board may initiate accreditation of course s 21 sub A2005-20 amdt 3.74

Endnotes 4 Amendment history page 34 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 R14 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Application for accreditation of course s 22 sub A2005-20 amdt 3.74 Review of conditional accreditation or refusal s 23 am A1998-44 s 10 sub A2005-20 amdt 3.74 Considerations relating to accreditation of courses s 24 am A2005-20 amdt 3.75 Registration of courses div 4.2 hdg ins A2005-20 amdt 3.76 Application for registration of course s 25 sub A2005-20 amdt 3.76 Certificates of attainment div 4.3 hdg ins A2005-20 amdt 3.77 Issue of certificates of attainment s 26 sub A2005-20 amdt 3.78 Application for review if board refuses to issue certificate s 26A ins A2005-20 amdt 3.78 Review of refusal to issue certificate s 27 sub A2005-20 amdt 3.78 Specialist education providers div 4.4 hdg ins A2005-20 amdt 3.79 Approved specialist education providers s 27A ins A2004-17 amdt 2.1 Criteria for approval s 27B ins A2004-17 amdt 2.1 Suspension of approval s 27C ins A2004-17 amdt 2.1 Cancellation of approval s 27D ins A2004-17 amdt 2.1 Notification and review of decisions pt 4A hdg ins A2008-37 amdt 1.42 Meaning of reviewable decision—pt 4A s 27E ins A2004-17 amdt 2.1 sub A2008-37 amdt 1.42 Reviewable decision notices s 27F ins A2004-17 amdt 2.1 sub A2008-37 amdt 1.42 am A2025-29 amdt 4.16

Endnotes Amendment history 4 R14 06/12/25 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Applications for review s 27G ins A2008-37 amdt 1.42 am A2025-29 amdt 4.16 Miscellaneous pt 5 hdg (prev pt 4 hdg) renum A2005-20 amdt 3.80 Information about academic performance s 28 sub A2005-20 amdt 3.81 Register of courses s 29 am A1998-44 s 11; ss renum R2 LA sub A2005-20 amdt 3.82 Approved forms s 30 ins A2001-44 amdt 1.377 am A2005-20 amdt 3.83; A2025-29 amdt 4.16 Transitional s 31 (prev s 30) renum A2001-44 amdt 1.376 om A2005-20 amdt 3.84 Reviewable decisions sch 1 ins A2008-37 amdt 1.43 Dictionary dict ins A2005-20 amdt 3.85 am A2008-37 amdt 1.44; A2011-22 amdt 1.63; A2016-52 amdt 1.40 def accreditation guidelines ins A2005-20 amdt 3.85 def accredited course ins A2005-20 amdt 3.85 def board ins A2005-20 amdt 3.85 def board member ins A2005-20 amdt 3.85 def certificate of attainment ins A2005-20 amdt 3.85 def course ins A2005-20 amdt 3.85 def national agreement ins A2005-20 amdt 3.85 def recognised educational institution ins A2005-20 amdt 3.85 def registered course ins A2005-20 amdt 3.85 def reviewable decision ins A2008-37 amdt 1.45 def senior secondary education ins A2005-20 amdt 3.85

Endnotes 5 Earlier republications page 36 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 R14 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 (RI) 8 Jan 2014 3 Nov 2000– 11 Sept 2001 A1998-44 amendments by A1998-44 R2 16 Apr 2002 12 Sept 2001– 12 Apr 2004 A2001-44 amendments by A2001-44 R3 13 Apr 2004 13 Apr 2004– 31 Dec 2004 A2004-9 amendments by A2004-9 R4 1 Jan 2005 1 Jan 2005– 1 June 2005 A2004-17 amendments by A2004-17 R5 2 June 2005 2 June 2005– 30 June 2007 A2005-20 amendments by A2005-20 R6 1 July 2007 1 July 2007– 25 Aug 2008 A2007-12 amendments by A2007-12 R7 26 Aug 2008 26 Aug 2008– 1 Feb 2009 A2008-28 amendments by A2008-28 R8 2 Feb 2009 2 Feb 2009– 21 Sept 2009 A2008-37 amendments by A2008-37 R9 22 Sept 2009 22 Sept 2009– 30 June 2011 A2009-20 amendments by A2009-20 R10 1 July 2011 1 July 2011– 2 June 2015 A2011-22 amendments by A2011-22 R11 3 June 2015 3 June 2015– 20 Aug 2015 A2015-16 amendments by A2015-16 R12 21 Aug 2015 21 Aug 2015– 31 Aug 2016 A2015-28 amendments by A2015-28

Endnotes Earlier republications 5 R14 06/12/25 Board of Senior Secondary Studies Act 1997 Effective: 06/12/25 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Republication No and date Effective Last amendment made by Republication for R13 1 Sept 2016 1 Sept 2016– 5 Dec 2025 A2016-52 amendments by A2016-52 © Australian Capital Territory 2025

The Act defines a compact set of core concepts that determine scope and application.

Senior secondary education is defined narrowly by stage: education that is normally provided to students in the final two years of full-time secondary schooling (s 3A). The Act therefore applies to courses and students within that terminal phase of schooling rather than to earlier secondary years or adult-only education.

Recognised educational institution is a central term. An educational institution qualifies as a recognised educational institution if it provides, or offers to provide, courses suitable for senior secondary education and is either established or registered under Commonwealth or State law or is a school declared under s 3B(2) (s 3B(1)). The Minister has power to declare an overseas school to be a recognised educational institution where it operates outside Australia and has an agreement with the board on accreditation, assessment, certification or other board functions (s 3B(2)-(3)). Declarations are notifiable instruments (s 3B(3)).

National agreement is defined by operation: an agreement entered into by the Territory and one or more of the Commonwealth, a State or the Northern Territory that deals with the provision of vocational education (s 3C(1)). The Minister may declare such an agreement to be a national agreement (s 3C(2)); that declaration is a notifiable instrument (s 3C(3)). The Act explicitly ties functions relating to vocational education accreditation and vocational certificates to consistency with national agreements (ss 5A(b); 5C(d)).

Accreditation and registration are distinct pathways. Accreditation may be initiated by the board on its own initiative or by application from a recognised educational institution (s 21; s 22). Accreditations may be conditional (s 21(3); s 22(4)), and an applicant can seek board review of conditional accreditation or refusals within tightly prescribed time limits (s 23). Registration is an application-based process and the board must register a course if the application is accompanied by documents and information satisfying the board that the course complies with relevant board guidelines; otherwise the board must refuse (s 25(2)). Both accreditation and registration are for a period decided by the board (s 22(3); s 25(3)) and may be conditional (s 22(4); s 25(4)).

Certificates of attainment are the board’s formal product for student completion. The board must give a certificate if a person has satisfactorily completed an accredited or registered course or a unit thereof, but only if the board is satisfied that the course was taught and assessed in accordance with accreditation guidelines, any conditions of accreditation, and board assessment requirements and guidelines (s 26(1)-(2)). The board can rely on institutional certificates (s 26(3)), and certificates may state relevant information from board records (s 26(4)). There is a board review process for refusals to issue certificates (ss 26A-27).

Specialist education providers are a separate class. The board may approve specialist education providers and must keep a list of approved providers (s 27A). Statutory approval criteria require suitable premises and equipment, satisfactory content and staffing, orderly facility conduct, and a disciplinary policy that prohibits corporal punishment (s 27B). The board can suspend approval where it reasonably concludes the provider no longer meets those criteria (s 27C) and must cancel approval where grounds for suspension existed on at least three occasions (s 27D). Schedule 1 sets out which decisions concerning specialist providers are reviewable and by whom (schedule 1 items 1-3).

Decision review: The Act provides a two-tiered notification and review framework. Part 4A defines reviewable decisions by reference to schedule 1 (s 27E), requires the board to give reviewable decision notices to affected entities (s 27F), and allows applications to the ACT Civil and Administrative Tribunal by affected entities or any other person whose interests are affected for review (s 27G). The Act also provides for internal board review committees for conditional accreditation/refusal and for certificate refusals, with timing obligations for establishing advisory committees and conducting review (s 23(3)-(4); s 27(1)-(2)).

Governance concepts: The board is a statutory corporation that represents the Territory when exercising functions unless another law provides otherwise (s 4(2)(a)-(c)). Membership is a mix of appointment slots filled after consultation with named education, parent, union, vocational, business and community bodies, plus the director-general (s 8). Quorum and voting rules are specific: quorum requires at least eight members other than the director-general (s 15); in the event of tied votes the presiding member has a casting vote (s 16(2)). Members must disclose material interests and may be excluded from deliberations where an interest exists (s 11). The Minister may give directions about the exercise of the board’s functions, other than directions about particular students or particular assessments; the board must give effect to such directions and directions are disallowable instruments (s 7).

Administrative supports: the board may appoint committees and advisory panels (s 6(1)(a)), engage consultants for services on terms approved by the Minister (s 19), arrange to use public servant services (s 19A), delegate functions to members, consultants or public servants (s 18), keep a public register of courses (s 29) and approve forms, which are notifiable instruments (s 30).

These definitions and mechanisms set the operational boundaries of the board and the applicable procedures for institutions, students, and specialist providers.

The Act creates regulatory roles and obligations that affect several identifiable groups; the distribution of decision rights and compliance burdens is explicit in the text.

Board members and the chair. The Act prescribes who occupies the board, how they are appointed, their term limits, disclosure obligations, attendance/quorum requirements and removal triggers. The Minister appoints members after statutory consultation with particular organisations (s 8(2)). Appointments must be for terms not longer than three years (s 10). Members must disclose material interests in issues before the board and may be excluded from meetings or decisions where conflicts exist (s 11). The Minister must end a member’s appointment for specified convictions or if a member contravenes s 11 or is absent from three consecutive meetings without leave (s 12).

The director-general. The director-general is an ex officio board member (s 8(1)(o)). The Act treats the director-general separately in some governance rules, for example quorum is measured excluding the director-general (s 15).

Recognised educational institutions. Schools and other institutions that provide courses suitable for senior secondary education must qualify as recognised educational institutions to interact with the board’s accreditation, registration and certification processes (s 3B; s 5). Institutions established or registered under Commonwealth or State law are, in the primary definition, recognised educational institutions (s 3B(1)(b)(i)); overseas schools can be declared recognised where they have a written agreement with the board about accreditation, assessment, certification or other functions (s 3B(2)).

Teachers and teaching staff. The Act’s accreditation guidelines and approval criteria impose requirements on course delivery, resources and teaching staff effectiveness. The board is empowered to identify minimum resources for satisfactory course provision (s 5A(c)) and to require teaching staff to be efficient and effective for specialist providers (s 27B(c)). These provisions allocate compliance costs and quality assurance obligations to providers and, indirectly, to teaching staff.

Students and former students. Students are directly affected by the board’s assessment, moderation and certification rules. The board sets assessment guidelines and requirements, administers the Australian Scaling Test or alternatives (s 5B(a)-(b)), and must issue certificates of attainment when satisfied the course and assessments meet board requirements (s 26). Former students have an entitlement to obtain copies of information held by the board about academic performance (s 28).

Applicants for course accreditation or registration. Recognised educational institutions seeking accreditation (s 22) or registration (s 25) must provide documentation showing compliance with board guidelines and may face conditional accreditation or refusal. Applicants have a statutory right to seek review by the board of conditional accreditation or refusal within one month (s 23).

Specialist education providers. Entities seeking specialist provider approval must meet statutory criteria as to premises, content, staffing and disciplinary policy (s 27B). Approved specialist providers are subject to suspension (s 27C) and cancellation rules (s 27D). Schedule 1 identifies reviewable decisions concerning refusal, suspension and cancellation of specialist approval and the entities entitled to review (schedule 1 items 1-3).

Tertiary education and vocational education providers and employers. The board is required to consult institutions that provide tertiary education and vocational education and training for the purpose of reviewing the effect of their admission requirements and to make arrangements intended to secure recognition of certificates by employers and further education providers (s 5C(b)-(c); s 5D(b)). This creates an interface between the board’s certification and the downstream admission or employment criteria used by tertiary providers and employers.

The Minister and the ACT Government. The Minister retains supervisory influence by way of directions (s 7) and by appointment powers (s 8(2)). The board represents the Territory when exercising functions (s 4(2)(c)), so the Territory government has a financial and reputational stake in the board’s outputs. The Act also envisages administrative interactions with the head of service for use of public servants (s 19A note), and with ACAT for review functions (s 27G).

Public and private stakeholders bearing indirect costs. Parents, guardians, and the public may be affected by changes to certification, by changes in course availability caused by accreditation decisions, and by the availability of register data (s 29). Business and industry representatives are given a consultation slot for board appointment and therefore have a direct channel into governance (s 8(1)(m)); this concentrates influence in identifiable organisations.

In short, the Act allocates rights and duties among institutional providers (responsible for complying with guidelines and applying for accreditation/registration), board members (charged with governance, compliance and policy), government actors (Minister, director-general), students (entitled to assessment, moderation and certification procedures and to seek information), specialist providers (subject to approval and suspension regimes) and external bodies that may be consulted or affected by board decisions.

This section identifies the principal statutory duties placed on the board, recognised educational institutions and board members, and the principal statutory rights available to applicants, students and affected entities.

Duties of the board

Exercise primary functions set out in s 5, which include accrediting and registering courses, approving recognised educational institutions for vocational education consistent with national agreements, setting course development guidelines, establishing assessment and moderation procedures, issuing certificates and transcripts, collecting and publishing performance and policy information, reviewing its own operations and advising the Minister (s 5).
Undertake additional specified functions for accreditation, assessment, certificates and performance/policies (ss 5A-5D). For accreditation the board must establish accreditation guidelines and identify minimum resources for course delivery (s 5A). For assessment it must prepare guidelines, manage scaling tests and moderation (s 5B). For certificates it must prepare issuance guidelines and make arrangements to maximise recognition by employers and higher education providers (s 5C). For performance and policies it must collect and publish statistical information and, if appropriate, provide equivalence statements for out-of-jurisdiction attainments (s 5D).
Keep a register of courses and make it available for public inspection during ordinary office hours at a place decided by the chair (s 29(1)-(4)).
Give certificates of attainment where statutory conditions are met and only after satisfying itself the course was taught in accordance with accreditation guidelines, any conditional accreditation terms, and assessment requirements (s 26(1)-(2)).
Provide reviewable decision notices when the board makes a reviewable decision, and take reasonable steps to give notice to any person whose interests are affected by a decision (s 27F; note referencing ACAT Act s 67A).
Give effect to ministerial directions about the exercise of its functions, except directions about particular students or particular assessments, and accept that such directions are disallowable instruments (s 7(1)-(4)).

Duties of recognised educational institutions and applicants

Where a recognised educational institution applies for registration, provide documents and information satisfying the board that the course complies with the board’s relevant guidelines (s 25(2)(a)).
Where a recognised educational institution applies for accreditation, comply with accreditation guidelines and any conditions if accredited, since issuance of certificates requires board satisfaction that the course was taught per those requirements (s 22; s 26(2)).
Administer assessments where the board makes arrangements for tests such as the Australian Scaling Test and follow board assessment requirements and moderation procedures (s 5B(b)-(d)).
Maintain records and documentation sufficient for the board to rely on institutional certificates when making decisions about issuing a certificate of attainment (s 26(3)).

Duties and conduct obligations of board members

Meet attendance requirements; absence without leave from three consecutive meetings triggers termination by the Minister (s 12(2)(d)).
Disclose material interests as soon as practicable at a board meeting, have that disclosure recorded in the minutes, and, unless the board decides otherwise, be excluded from presence and participation in decisions where a material interest exists (s 11(1)-(2)). The Act sets out what counts as an associate and what constitutes material and indirect interests (s 11(4) and definitions).
Ensure procedural governance: keep minutes of meetings, meet quorum rules (s 15), and apply voting and proxy rules (s 16; s 16A).

Rights of applicants, students and affected entities

Right to apply for accreditation or registration: recognised educational institutions may apply for course accreditation (s 22(1)) and for registration (s 25(1)).
Right to internal review by the board: if the board accredits conditionally or refuses accreditation, the applicant may request a review within one month, and the chair must establish a committee within one month to advise the board, after which the board must review the decision and advise the applicant (s 23(2)-(5)). Similarly, a person dissatisfied by a refusal to issue a certificate may apply for review within one month after the date the board sets for when the certificate would have been issued (s 26A-27).
Right to external review by ACAT: for reviewable decisions as listed in schedule 1, entities mentioned in schedule 1 column 4 and any other person whose interests are affected may apply to the ACT Civil and Administrative Tribunal for review (s 27G; s 27E; schedule 1).
Right of former students to obtain copies of information held by the board about their academic performance (s 28).
Right to inspect the register of courses maintained by the board during ordinary office hours (s 29(4)).

Administrative constraints and process rights

Time limits: internal review requests must generally be made within one month after the board tells the applicant of the decision (s 23(2); s 26A(3)(b)). The chair must establish an advisory committee within one month of receiving a review application (s 23(3); s 27(1)).
Notice requirements: the board must give applicants its decisions in writing (s 22(5); s 25(5); s 23(5); s 27(3)) and must give reviewable decision notices in accordance with pt 4A (s 27F).

Liability and protections

Board members are protected from civil liability for acts or omissions done honestly and without recklessness in carrying out functions under this Act; where civil liability would otherwise attach to a person it attaches to the Territory instead (s 20(1)-(2)). This shifts financial and civil risk from individual board members to the Territory.

Delegation, consultants, and staff arrangements

The board may delegate its functions to a board member, a consultant engaged under s 19, or a public servant arranged under s 19A (s 18).
The board may engage consultants for the Territory on written terms approved by the Minister; these engagements are explicitly not contracts of employment (s 19(1)-(3)).
The board may arrange to use public servant services with agreement from the head of service (s 19A).

These duties and rights structure the legal relationships among the board, educational institutions, students and Government actors. Many of the board’s obligations are framed as procedural requirements to ensure transparency, record keeping and opportunity for review.

The Act itself does not create a broad set of criminal offences with corresponding monetary fines for third parties, but it does provide enforcement levers and consequences for non-compliance, administrative errors, governance breaches and member misconduct.

Member termination triggers

The most explicit enforcement mechanism with a punitive flavour concerns board membership removal. The Minister must end a board member’s appointment where the member is convicted, in the ACT, of an offence punishable by imprisonment for at least one year; or convicted outside the ACT of an offence that, if committed in the ACT, would attract at least one year’s imprisonment; or where the member contravenes the conflict-of-interest disclosure regime in s 11; or is absent from three consecutive meetings without leave from the chair (s 12(2)(a)-(d)). These are mandatory removal triggers rather than discretionary penalties.

Administrative enforcement: accreditation, registration, approval suspension and cancellation

For courses, the board may refuse to accredit or register a course (s 22(2); s 25(2)(b)). An accreditation or registration can be conditional; conditional accreditation may be reviewed by the applicant (s 23).
For specialist education providers, the board may suspend approval where it is no longer satisfied on reasonable grounds that the provider meets approval criteria (s 27C). The board must cancel approval if on at least three occasions a ground existed that would have entitled it to suspend approval (s 27D). These powers are administrative levers with immediate operational consequences for providers: suspension interrupts the approved status; cancellation removes it.

Review and dispute resolution

Part 4A sets out the notification and review framework. The board must give reviewable decision notices when it makes a reviewable decision (s 27F). Affected entities and any other person whose interests are affected may apply to the ACT Civil and Administrative Tribunal for review of reviewable decisions (s 27G). Schedule 1 identifies which decisions concerning specialist provider approvals are reviewable (schedule 1 items 1-3). Internal review routes exist within the board for conditional accreditation/refusal and for refusal to issue certificates, with statutory timeframes for establishing review committees and making decisions (s 23; s 27).

Civil liability shield and state indemnity

Board members are insulated from civil liability for acts or omissions done honestly and without recklessness under the Act (s 20(1)). Any civil liability that would otherwise attach to a person attaches instead to the Territory (s 20(2)). This provision reduces personal financial exposure for board members and reallocates risk to the Territory.

Regulatory formality and instruments

Some instruments and forms used under the Act are designated as notifiable instruments or disallowable instruments: ministerial directions to the board are disallowable instruments (s 7(4)); declarations under ss 3B and 3C are notifiable instruments (s 3B(3); s 3C(3)); approved forms are notifiable instruments (s 30(3)). These instrument types import the administrative law controls and publication obligations that attach to statutory instruments under the Legislation Act 2001.

Penalty unit reference

The republication preface states the value of a penalty unit for offences against this law as $160 for an individual and $810 for a corporation as at the republication date (preface). The Act itself contains no catalogue of monetary offences or penalties to which the penalty unit value would attach within its provisions; the preface provides a contextual note for any offence provisions that might be in other Territory laws or subordinate instruments.

Enforcement mechanisms not present

The Act does not create criminal sanctions for providers who teach courses without accreditation or registration. It does not prescribe fines for non-compliance by institutions within the Act itself. Enforcement is mainly administrative through refusal, suspension or cancellation of accreditation/approval, and through member termination for disqualifying conduct.

In summary, enforcement under the Act is largely administrative with mandatory removal triggers for board members, administrative suspension and cancellation powers for specialist providers and course approvals, and a structured internal and external review regime. Civil liability protection for board members reallocates financial exposure to the Territory. The Act relies on the broader administrative law and tribunal framework for enforceable remedies rather than on an internal penalty catalogue.

The Act is embedded within a network of Territory and national frameworks; the text explicitly cross-references several other instruments and concepts that shape its operation.

Legislation Act 2001

The Act relies on the Legislation Act for general definitions and for the legal status of notes and the dictionary (s 2 note; notes attached to ss 2 and 3). Several operational definitions cited in the dictionary refer to Legislation Act definitions, including ACAT, appoint, director-general, establish, public servant and others (dictionary notes). The Legislation Act also supplies the procedural law for making notifiable instruments and disallowable instruments to which this Act refers (for example, s 7 directions being disallowable instruments, s 3B and s 3C declarations as notifiable instruments, s 30 approved forms as notifiable instruments).

ACT Civil and Administrative Tribunal Act 2008

The Act anticipates tribunal review and cross-references the ACAT Act. Part 4A sets out that reviewable decisions are those listed in schedule 1 (s 27E), requires the board to give reviewable decision notices (s 27F) and allows affected persons to apply to ACAT for review (s 27G). The Act’s notes refer to ACAT Act s 67A in relation to the board’s obligation to take reasonable steps to notify other affected persons (s 27F note). This integrates the board’s internal administrative review processes with external merits review at ACAT.

Public Sector Management Act 1994

Section 19A and its note reference the head of service and arrangements for using public servant services, and the note indicates the head of service’s ability to delegate powers in relation to management. The Act therefore does not create an independent staffing stream but permits the board to arrange for public servant support within the Public Sector Management Act’s delegations.

National agreements and vocational education

The Act expressly requires the board to apply national agreements about accreditation of vocational education and training courses "if appropriate" (s 5A(b)) and to issue certificates of vocational qualifications "consistent with national agreements" (s 5C(d)). Section 3C defines national agreements as agreements involving the Territory and one or more of the Commonwealth, a State or the Northern Territory dealing with vocational education. The Minister may declare an agreement to be a national agreement and such a declaration is a notifiable instrument (s 3C). This creates a legal interface between ACT-level accreditation/certification and intergovernmental VET frameworks.

Education and training Acts and tertiary admission regimes

The board is required to consult tertiary and vocational education providers to review the effect of their admission requirements and procedures and to provide guidance to such institutions (s 5C(c)). The board is also empowered to provide information on applicants for admission to institutions that provide tertiary education or vocational education or training (s 5D(b)). These provisions create a regulatory nexus between the board’s certification outputs and tertiary admission processes. While the Act does not override tertiary admission rules, it formalises consultation and information-sharing channels.

Local health and safety or building regulation

Approval criteria for specialist education providers require premises and equipment to comply with any relevant territory laws about health and safety standards (s 27B(a)). This makes approvals contingent on compliance with other Territory regulatory instruments, so specialist providers must adhere to parallel health and safety regulatory schemes.

Administrative instrument regimes

Several instruments created under the Act are subject to the formal instrument regimes of the Legislation Act: ministerial directions are disallowable instruments (s 7(4)); certain declarations and approved forms are notifiable instruments (ss 3B(3); 3C(3); 30(3)). This subjects such instruments to statutory publication, tabling and possible scrutiny under the Legislation Act framework.

Education-specific statutory regimes

The Act interacts operationally with Commonwealth or State registration or establishment regimes for schools by treating institutions established or registered under Commonwealth or State law as recognised educational institutions for the purposes of this Act (s 3B(1)(b)(i)). Where institutions are already regulated at another level, the board’s accreditation and registration processes are layered onto that existing regulatory status.

Tribunal procedure and natural justice

Although the Act provides for internal reviews by board-appointed committees, it integrates with the ACAT framework for external merits review. That integration carries procedural consequences: affected persons may pursue merits review of certain decisions and may rely on ACAT’s statutory powers and processes for evidence, hearings and remedies, as provided by the ACAT Act and its procedure.

In short, the Act is not a stand-alone regulation of senior secondary education. It is constructed to operate within the broader Territory legislative environment, to align ACT vocational accreditation and certification with intergovernmental national agreements, to rely on public sector staffing and administrative law frameworks, and to make use of ACAT for external review. Practitioners should therefore consider parallel statutory obligations and procedural rules in the Legislation Act, Public Sector Management Act, ACAT Act and in any national VET agreements when advising clients or designing institutional compliance processes.

The Act as republished on 6 December 2025 incorporates a sequence of amendments, described in the endnotes and amendment history appended to the republished text. The legislative history identifies the original enactment and subsequent amending Acts that materially changed provisions.

Key chronological points and material amendments:

Enactment: Board of Senior Secondary Studies Act 1997 A1997-87 was notified 1 December 1997 and mostly commenced 1 January 1998 (legislation history).
Board of Senior Secondary Studies (Amendment) Act 1998 A1998-44 introduced early adjustments to membership and other governance elements (amendment history entries refer to A1998-44 s 4-8).
The Legislation (Consequential Amendments) Act 2001 A2001-44 made consequential changes, including insertion of definitions and adjustments to instrument regimes (amendment history).
Annual Reports and Education Acts in 2004 (A2004-9; A2004-17) added the division for specialist education providers and other structural changes; sch 2 pt 2.1 of the Education Act 2004 commenced 1 January 2005 and inserted various provisions (endnotes).
The Statute Law Amendment Act 2005 A2005-20 effected a sizable republication-style renumbering and inserted definitions and many structural changes such as reworking Part headings and definitions (amendment history notes multiple sub and ins entries attributed to A2005-20).
Subsequent amendments refined appointment consultation processes, meeting conduct, delegation and staffing arrangements, including:
- Training and Tertiary Education Legislation Amendment Act 2007 A2007-12 (pt 1.3) implementing VET and tertiary education interface changes (endnotes).
- Statute Law Amendment Act 2008 A2008-28 (sch 3 pt 3.7) and the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 (sch 1 pt 1.12) added the Part 4A notification and review machinery linking to ACAT (s 27E-27G and schedule 1); these amendments took effect across 2008-2009 (legislation history and amendment history entries).
- Statute Law Amendment Act 2009 A2009-20 made further textual and structural amendments in 2009.
- Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 (sch 1 pt 1.17) and Public Sector Management Amendment Act 2016 A2016-52 made amendments affecting public servant arrangements and delegation/appointment mechanics (amendment history, and s 19A insertion).
- Annual Reports (Government Agencies) and Board of Senior Secondary Studies Amendment Act 2015 A2015-28 adjusted reporting and governance arrangements (endnotes).
Most recently, the Statute Law Amendment Act 2025 A2025-29 (sch 4 pt 4.16) notified 6 November 2025, with provisions commencing 6 December 2025 for the relevant sch part, effected further amendments reflected in the republication (endnotes 3 and amendment history entries indicating A2025-29 amdt 4.16 on multiple sections including s 3B, s 3C, s 6, s 7, s 11, s 16A, s 17, s 19A, s 27F and s 27G, and s 30). The amendment history lists the sections amended by A2025-29, but the text should be read for the current form.

Structural amendments and insertions

The Act’s Part and Division structure changed through the 2005 amendments and later; Parts were renumbered and Divisions inserted such as Divisions 4.1-4.4 relating to accreditation, registration, certificates and specialist providers. Part 4A (Notification and review of decisions) was inserted by A2008-37 (amendment history).
Definitions and the dictionary were substantially revised in 2005 to add explicit definitions for accreditation guidelines, accredited course, board, board member, certificate of attainment and others (amendment history entries referencing A2005-20 amdt 3.85 and subsequent amendments).

Operational amendments

Appointment consultation slots and representation were modified over time to mandate consultations with specific bodies such as the Canberra Institute of Technology, tertiary institutions, the Australian Education Union ACT branch, the Association of Independent Schools, Catholic and parent organisations, business and industry representatives and the ACT Trades and Labour Council (s 8; amendment history entries A1998-44; A2007-12; A2009-20; A2011-22; A2015-28).
Protections and delegation rules were refined. For example, s 18 delegation provisions were inserted and later amended (amendment history shows s 18 om A1998-44 and ins A2005-20 amdt 3.68; am A2016-52 amdt 1.38).
Review and tribunal procedures were inserted by A2008-37, adding schedule 1 and Part 4A to link key administrative decisions to ACAT review (amendment history).

Endnote detail and republication

The republication includes a full amendment history and indicates which amendments were editorial changes under the Legislation Act part 11.3 (preface). Practitioners should consult the amendment history in the endnotes (endnotes 3 and 4) for precise commencement dates and the provenance of each textual change.

Implications for practice

The amendment history shows an evolutionary statute that increasingly formalises procedural safeguards (internal review committees, ACAT reviewable decisions), aligns ACT processes with national vocational education frameworks, and clarifies governance and delegation rules. Advisers should check the endnotes for the effective dates of particular amendments when assessing compliance obligations or historical actions taken under prior versions of the Act.

The republished Act contains no express references to judicial or tribunal decisions interpreting its provisions. The statute itself provides administrative review routes and cross-references the ACT Civil and Administrative Tribunal Act 2008 for external merits review. The text does not name any cases, court judgments, or tribunal determinations.

Practical implications from the statutory review architecture

The Act channels disputes about a limited set of reviewable decisions to ACAT (pt 4A; s 27G; schedule 1). Where a party is dissatisfied with a reviewable decision listed in schedule 1,principally decisions to refuse approval as a specialist education provider, to suspend approval, or to cancel approval,ACAT is the statutory avenue for merits review (schedule 1 items 1-3; s 27G).
For accreditation and registration decisions more generally, the Act mandates internal board reviews for conditional accreditations, refusals of accreditation and refusals to issue certificates, with specific timeframes for making applications for review (ss 23; 26A-27). These internal reviews must be conducted before or contemporaneously with any external review rights that may exist under administrative law or other statutes.

Absence of reported decisions in the Act

Because the republished Act and its endnotes do not list litigation or tribunal outcomes, advisers must search external legal databases and ACAT records to identify any published decisions or interpretations of the board’s powers, the scope of review, or the meaning of accreditation and registration criteria. The Act’s formal link to ACAT makes tribunal records a likely source of jurisprudence on procedural fairness, the standard of review, and the application of the board’s guidelines where disputes have been litigated.

Advisory note for practitioners

The presence of internal review routes with short statutory timeframes (one month in multiple places, see ss 23(2); 26A(3)(b)) increases the importance of timely administrative action for applicants and affected persons. Because external merits review may follow internal review processes, parties should preserve evidence and engage promptly in the board’s internal review mechanisms to retain full access to ACAT review rights where applicable.

In short, the Act provides a statutory mechanism for administrative review but the republished statute does not include a litigation history. Legal research beyond the Act is necessary to locate case law or ACAT decisions interpreting its provisions.

The Act contains several drafting features and procedural rules that can produce traps for the unwary. These practical points are grounded in the statutory text and should be considered by applicants, institutions, board members and advisers.

Short statutory timeframes for review requests

Internal review requests for conditional accreditation or refusal must be made within one month after the applicant is told of the board’s decision (s 23(2)). Similarly, applications for review of a refusal to issue a certificate must be given to the board within one month after the day the board states is the day when the certificate would have been issued (s 26A(3)). These short, mandatory time limits can be easily missed by applicants or students. Missing the window may foreclose internal review, and depending on the factual circumstances may limit good grounds for seeking relief later.

Quorum rules exclude the director-general and require eight members

Meetings require at least eight board members other than the director-general to be present for business to be carried on (s 15). Appointment vacancies, absences, or delays in appointment after consultation with the specified organisations can prevent valid board meetings and delay decisions on accreditation, registration, and certificate issuance. Entities with urgent certification needs should factor potential decision delays into operational plans.

Ministerial directions are binding and can be politically timed

The Minister may give directions about the exercise of the board’s functions and the board must give effect to those directions (s 7(1), (3)). Although the Act prohibits directions about particular students or particular assessments (s 7(2)), wider directions about policy or priorities may redirect the board’s work program. Because directions are disallowable instruments (s 7(4)), they are subject to parliamentary oversight, but they remain binding on the board. Applicants should monitor ministerial directions for shifts in priorities that could affect assessment, accreditation or publication practices.

Conditional accreditations and reliance on documentation

The board may accredit conditionally (s 21(3); s 22(4)). Certificates of attainment may be issued only if the board is satisfied the course was taught in conformity with accreditation guidelines and any conditions of accreditation (s 26(2)(a)(i)-(ii)). Institutions relying on provisional or conditional accreditation risk that certificates will be withheld if the board later identifies non-compliance. Institutions should maintain detailed records and correspondence supporting adherence to conditions since the board may rely on institutional certificates as evidence (s 26(3)).

Overlap with other regulatory requirements

Approvals for specialist providers require premises and equipment to comply with "any relevant territory laws about health and safety standards" (s 27B(a)). That dependency means a provider could have board approval but be non-compliant with other Territory laws or vice versa. Applicants must separately satisfy parallel regulatory regimes; board approval does not replace statutory regulatory compliance in other fields.

Conflict-of-interest disclosures can be broad in scope

The definition of indirect interest includes a range of associates and corporate relations (s 11(4)). Board members must disclose material interests and can be excluded from deliberations unless the board otherwise decides (s 11(2)). Failure to disclose can lead to mandatory termination by the Minister (s 12(2)(c)). Members with complex professional networks should proactively document potential indirect interests.

Reviewable decisions are limited in scope

Schedule 1 lists reviewable decisions but only covers specialist provider approval items in the published schedule (schedule 1 items 1-3). While internal review procedures exist for accreditation, registration and certificate refusals (ss 23; 26A-27), not all decisions are ACAT-reviewable under schedule 1. Parties seeking external review should confirm whether the decision in question is a schedule 1 reviewable decision; otherwise remedial avenues will depend on the availability of judicial review or other remedies outside the schedule.

Delegations and use of consultants

The board may delegate functions to board members, consultants it engages or specified public servants (s 18). Consultants must be engaged on written terms approved by the Minister (s 19(2)), and consultant engagement is not a contract of employment (s 19(3)). Delegations may create uncertainty about where accountability rests for substantive decisions, especially where consultants carry out assessment or accreditation tasks. Parties dealing with the board should seek clarity about delegated authority in specific processes.

Approved forms and instrument formality

The board’s approved forms are notifiable instruments and must be used where a form is approved for a particular purpose (s 30(1)-(3)). Failure to use the approved form can result in procedural non-compliance. Practitioners must use the board’s approved forms for applications and other formal submissions.

Certificate issuance conditional on board satisfaction

The board’s obligation to issue certificates is conditional on the board being satisfied as to teaching and assessment conformity (s 26(2)). The statutory discretion to be "satisfied" creates an evidentiary and procedural threshold that institutions and students must meet. The board may rely on its own records and institutional certificates (s 26(3)-(4)), so both record quality and institutional certification processes matter.

Record access and privacy considerations

Former students can obtain copies of information held by the board about their academic performance (s 28). Institutions and the board must be prepared to release such information, subject to any applicable privacy or other legal limits not specified in the Act. Practitioners should consider privacy law compliance when responding to s 28 requests.

Board liability protection

Board members do not incur civil liability for acts or omissions done honestly and without recklessness, and civil liability that would otherwise attach to a person attaches to the Territory instead (s 20). While this reduces personal exposure, it does not remove the requirement for proper governance and can shift the financial risk to the Territory.

Taken together these features create operational and procedural traps: short timeframes, quorum fragility, the scope of reviewable decisions, conditional statuses, and cross-compliance with other Territory laws. Any institution or person interacting with the board should plan governance, recordkeeping and timelines with these constraints in mind.

This section sets out practical, source-grounded steps to comply with the Act for the main affected parties: recognised educational institutions (including specialist providers), board members and chairs, applicants for accreditation or registration, and students seeking certificates.

For recognised educational institutions seeking accreditation or registration

Confirm recognised status: ensure the institution qualifies as a recognised educational institution under s 3B. If the institution is established or registered under Commonwealth or State law that status already satisfies s 3B(1)(b)(i). For institutions outside Australia, obtain a Ministerial declaration under s 3B(2) by negotiating an agreement with the board covering accreditation, assessment and certification matters; declarations are notifiable instruments (s 3B(2)-(3)).
Review the board’s guidelines: accreditation and registration decisions are governed by accreditation guidelines and relevant board guidelines and policies (s 5A(a); s 24(e)-(f)). Obtain the current accreditation guidelines and any course development guidelines the board has published and design the course to meet those criteria.
Document resources and teaching arrangements: the board may identify minimum resources necessary for satisfactory course provision (s 5A(c)). Ensure premises, equipment and staffing meet those resource standards, and document compliance to support either an accreditation or a registration application and subsequent verification.
Prepare application material to satisfy the board: for registration, the board must register the course if the application is accompanied by documents and information that satisfy the board that the course complies with the board’s relevant guidelines (s 25(2)(a)). For accreditation, provide the detailed curriculum, teaching plans, assessment regimes, moderation procedures and evidence of resource adequacy that address s 24 factors: coherence, appropriateness, clarity, intended teaching methods, and relevant guidelines and policies (s 24(a)-(f)).
Anticipate conditional accreditation and remedial requirements: where the board grants conditional accreditation (s 21(3); s 22(4)), document and implement compliance actions to satisfy conditions. Keep contemporaneous records and evidence demonstrating that conditions were met, since the board must be satisfied as to teaching and assessment conformity before issuing certificates (s 26(2)).
Use approved forms: where the board has approved a form for a particular purpose it must be used (s 30(1)-(2)) and approved forms are notifiable instruments (s 30(3)). Obtain and complete the approved forms precisely as required.

For specialist education providers

Pre-approval checks: ensure premises and equipment meet relevant Territory health and safety laws as the approval criteria impose compliance with "any relevant territory laws about health and safety standards" (s 27B(a)). Confirm teaching staff qualifications and establish a disciplinary policy that does not permit corporal punishment (s 27B(b)-(e)).
Maintain compliance to avoid suspension or cancellation: the board may suspend approval if it no longer considers the provider meets approval criteria on reasonable grounds (s 27C) and must cancel approval if suspension-ground conditions existed on at least three occasions (s 27D). Put in place records, inspection logs and audits to demonstrate ongoing compliance and quickly remediate any issues the board raises.
Keep up-to-date contact and application material: the board must keep a current list of approved specialist providers (s 27A(2)). Ensure the board has accurate contact details and that required documentation is updated promptly.

For board members and governance officers

Attend meetings and maintain quorum: plan attendance to ensure the board meets quorum rules,eight members other than the director-general must be present for business to proceed (s 15). The statutory termination trigger for absence without leave is three consecutive meetings (s 12(2)(d)).
Disclose material interests promptly: comply with s 11 by disclosing material and indirect interests "as soon as practicable" at a board meeting, ensure disclosure is recorded in minutes, and respect board decisions excluding participation (s 11(1)-(3)). Understand the broad definitions of associate and indirect interest in s 11(4).
Use delegations and consultants properly: where functions are delegated, ensure delegations are recorded and the delegate understands the scope of authority (s 18). Consultants must be engaged on written terms approved by the Minister (s 19(2)). Delegations may be made to members, consultants or public servants (s 18).
Follow minutes and recordkeeping rules: the board must keep minutes (s 17(4)). Maintain clear records of decisions, advisory committee advice and the basis for satisficing certification decisions (s 26(2)-(4)).

For applicants and students seeking review or certificates

Observe time limits: to seek an internal review of conditional accreditation or refusal, submit the written request within one month of being told the board’s decision (s 23(2)). For review of refusal to issue a certificate, apply within one month from the day the board states the certificate would have been issued (s 26A(3)(b)). Keep proof of delivery and the date the board communicated its decision.
Follow prescribed review procedures: once the board receives a review request the chair must set up a committee within one month to advise the board and the board must then reconsider and notify the applicant in writing (s 23(3)-(5); s 27(1)-(3)). Prepare submissions and evidentiary material directed at the specific grounds stated in the review application (s 26A(3)(a)).
Use the external review route when applicable: for reviewable decisions listed in schedule 1, affected entities or any other person whose interests are affected may apply to ACAT for review (s 27G; schedule 1). Before applying to ACAT, ensure the decision is a schedule 1 reviewable decision; if it is, prepare materials in accordance with ACAT procedures.
Request academic performance information: former students may apply in writing for a copy of information held by the board about academic performance (s 28). Provide proof of identity if required and nominate any third party to whom the board may give the information (s 28(2)).

For general compliance and risk management

Cross-check parallel regulatory obligations: specialist providers must comply with Territory health and safety laws in addition to board criteria (s 27B(a)); recognised institutions must ensure they satisfy any underlying Commonwealth or State registration requirements to be a recognised educational institution (s 3B(1)(b)(i)). Map compliance obligations across statutes.
Preserve institutional evidence for board satisfaction: the board may rely on institutional certificates and records when making decisions about issuing a certificate of attainment (s 26(3)-(4)). Keep robust assessment records, moderation records and documentation of compliance with accreditation conditions.
Monitor ministerial directions and instrument publications: ministerial directions are disallowable instruments (s 7(4)) and declarations/approved forms are notifiable instruments (ss 3B(3); 3C(3); 30(3)). Regularly check government gazettes and the ACT legislation register for instruments that affect board practice.
Plan for delegation complexity: where the board uses consultants or delegates functions, clarify the chain of decision-making and ensure delegations are made under s 18 and consultant engagements approved under s 19(2).

Checklist summary tied to sections

Confirm recognised status under s 3B. Obtain any required Ministerial declarations s 3B(2)-(3).
Access and follow accreditation guidelines under s 5A and course considerations in s 24.
Prepare registration or accreditation applications per s 22 and s 25 using approved forms per s 30.
Maintain evidence of teaching and assessment compliance for certificate issuance under s 26.
Observe review time limits and internal review procedures under s 23 and ss 26A-27.
For specialist providers, satisfy s 27B criteria and manage suspension/cancellation risks under ss 27C-27D.
For governance, disclose interests s 11, attend meetings to meet quorum s 15, and comply with ministerial directions s 7.

Following these steps, informed by the statutory text, positions institutions, board members and students to meet the Act’s procedural and substantive requirements.

Board of Senior Secondary Studies Act 1997

Plain English Summary

Deep Dive

What it does

Current sections

Board of Senior Secondary Studies Act 1997

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply